The purpose of this chapter is to assign to the transporter or owner
of materials the responsibility for the cost of cleaning and clearing spills
onto the roadways or property located in the Borough of Franklin Lakes.
The following described parties are responsible for all of the costs
incurred by the Borough for the cleanup of materials dumped, spilled, discharged,
released or leaked onto public or private property:
A. The owner, operator, lessee or other party responsible
for any vehicle for any leak, discharge, spill or release of hazardous material,
whether stationary or in transit, whether accidental or intentional.
B. The owner, operator, lessee or other party responsible
for any vessel responsible for any leak, discharge, spill or release of hazardous
material, whether stationary or in transit, whether accidental or intentional.
C. The owner, operator, lessee or other party responsible
for any property from which any leak, discharge, spill or release of hazardous
material emanates, whether public or private, whether accidental or intentional.
D. Any person or entity responsible for any leak, discharge,
spill or release of any hazardous material on public or private property,
whether accidental or intentional.
In the event there is a spill of any materials covered under this chapter
within the Borough of Franklin Lakes, the generator, transporter, owner or
the person or persons responsible therefor shall immediately notify the Borough
of the spill and shall immediately, unless directed otherwise by the Borough,
clean up or arrange for the cleanup of the spill. The cleanup shall be undertaken
in accordance with all applicable federal and state regulations and procedures.
In the event the Borough determines that it is within the interest of
the citizens of the Borough of Franklin Lakes that the Borough or its agents
or contractors clean up a spill, the persons or entities responsible shall
reimburse the Borough for all of the cost incurred for said cleanup, including
but not limited to the following:
A. Any and all items or materials or equipment utilized
to control contamination or to clean up the materials.
B. Any and all labor costs incurred by the Borough for actual
labor and/or personnel used in connection with the cleanup or containment
of any leak, discharge, spill or release of materials.
C. Any fees paid to attorneys to enforce this chapter and/or
to collect said fees due under this chapter.
D. Any and all fees paid to engineers, contractors, agents
or other individuals retained by or paid by the Borough in connection with
the cleanup of materials.
E. Any and all medical costs incurred by personnel assisting
in the cleanup of materials.
Any party responsible for costs as described herein shall reimburse
the Borough of Franklin Lakes for the full amount of said costs within 45
days after a receipt of a bill for the costs.
Any responsible parties as described herein who fail to reimburse the
Borough of Franklin Lakes for obligations described in this chapter within
45 days shall be subject to a fine of not less than $100 or more than $1,000
or imprisonment for a period of not more than 90 days, or both. Upon failure
to reimburse the Borough for the cost of said items within the forty-five-day
period, in addition to any penalties described herein, the Borough may take
such action as may be provided by law to recover costs from the responsible
party, including legal fees and any other costs of collection.