[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-10-1998 by Ord. No. 9816]
This article shall be known as the "City of
Ventnor Hazardous Materials Clean Up Reimbursement Ordinance."
This article is adopted pursuant to N.J.S.A.
40:39A-29 to supplement the requirements of the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11 et seq., and the abatement of
the Nuisance Act, N.J.S.A. 26:3-45 et seq.
As used in this article, the following terms
shall have the meanings indicated:
Includes the Atlantic County Health Department, Atlantic
County Regional Hazardous Materials CBRNE Response Team, or the Atlantic
City Fire Department Hazardous Materials Unit when requested to respond
under memorandum of agreement and/or mutual aid agreement.
[Amended 7-7-2005 by Ord. No. 2005-13]
Agents of the City of Ventnor City include but not be limited
to the employees or staff of the Ventnor City Office of Emergency
Management, Ventnor City Fire Department responding to any spill,
and any other partnership, corporation or other entity, whether or
not a state, county, federal or municipal agency or private concern,
that the City of Ventnor City uses in any way to aid in the control
and cleanup of the spillage or discharges of hazardous materials.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, empty
or dumping of hazardous substances onto the lands within the City
of Ventnor City's jurisdiction and/or into the jurisdiction of the
City of Ventnor.
Any items used to extinguish or prevent a fire or stop or
contain a leak, release or spill, involving any clothing, structures
or in decontamination of equipment or vehicle, which cannot be replenished
without cost after a particular incident. These items include but
are not limited to firefighting foam, chemical extinguishing agents,
sand, absorbent materials, recovery drums and any protective equipment
and clothing to include but not limited to chemical protective suits,
chemical protective gloves, goggles and any other items owned or controlled
by the City of Ventnor City or its employees, agents, officers and
or officials. It is expressly provided that this provision will apply
only to the extent necessary to deal with hazardous materials.
Any materials, solid, liquid or gas listed as such under
the National Fire Protection Association (NFPA) Guide to Hazardous
Materials, the Department of Transportation Emergency Response Guidebook,
the list of hazardous substances adopted by the Federal Department
of Environmental Protection Agency, pursuant to Section 311 of the
Federal Water Pollution Control Act, Amendment 1972, as amended by
the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) and
the list of toxic pollutants designated by Congress or the Environmental
Protection Agency pursuant to Section 307 of the Federal Water Pollution
and Control Act.
This article shall provide for the reimbursement of expenses
incurred for the repair and for replacement of nonexpendable items
used during fire extinguishment, or prevention of any fire, or to
stop or contain any leak, release or spill involving a hazardous material
which prevents the item(s) from being reused after the incident. These
items shall include but not be limited to fire apparatus, and other
vehicles, equipment and appliances.
Any motorized equipment, registered or unregistered, including
but not limited to a barge and airplane or other type of aircraft.
A container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous materials.
A.Â
This article provides for the reimbursement for or
replacement of any and all equipment utilized by the Ventnor City
Fire Department or its agents, without regard to ownership, for the
purpose of mitigating, controlling or containing any incident in which
a hazardous material is involved in fire, leak, release or spill where
the potential thereof exists, or for the prevention of same.
B.Â
This article also provides for the reimbursement for
the expenses incurred by the Ventnor City Fire Department or any other
Ventnor City department for the overtime wages paid to its employees,
agents, officers, officials or servants as a result of an incident
involving a fire, leak, release or spill of hazardous materials.
C.Â
This article mandates reimbursement to the City of
Ventnor City for any and all expendable items used by the Ventnor
City Fire Department or Office of Emergency Management or any of its
employees, agents, officials or officers in extinguishing of any fire,
stopping, containing, controlling or mitigating any spill, releases
or leak of any hazardous material.
A.Â
The discharge of hazardous substances is prohibited.
This section shall not apply to the discharge of hazardous substances
granted pursuant to and in compliance with the conditions of a state
or federal permit.
B.Â
Any person who may be subject to liability for the
discharge which occurred prior to or after the effective date of this
article shall immediately notify the Ventnor City Office of Emergency
Management.
C.Â
Whenever any hazardous substance is discharged, the
Atlantic County Health Department or the New Jersey Department of
Environmental Protection may, in its discretion, act to remove or
arrange for the removal of such discharge. However, the City will
take all reasonable steps to contact the potential responsible persons
to arrange for the removal of such discharge. This requirement shall
not prevent the City, in its discretion, in emergency circumstances,
to take all appropriate actions for the protection of the public pursuant
to this article, and the City shall notify the potential responsible
persons as soon as practicable.
D.Â
Any person who has discharged a hazardous substance
or in any way is responsible for any hazardous substances which has
been or shall have been or will be removed by the City or its agents
shall be strictly liable, jointly and severally, without regard to
fault for all central cleanup and removal costs.
[Amended 7-7-2005 by Ord. No. 2005-13]
A.Â
The Ventnor City Fire Department or Ventnor City Office
of Emergency Management and its authorized agents shall have the right
of entry and inspection into any fixed facility within the jurisdiction
for the express purpose of inspection and investigation of the use
of hazardous materials or chemicals on site. These fixed facilities
shall include but not be limited to those that may store, use, produce,
or manufacture hazardous materials or chemicals as identified under
the regulations of the State of New Jersey, Federal OSHA (29 CFR 1910:120),
EPA (40 CFR Part 300) or DOT (49 CFR Part 179) standards.
B.Â
Prior to entry, the Ventnor City Fire Department officer
or Ventnor City Emergency Management Coordinator or authorized agent
shall identify themselves, state the nature of the inspection and
demand entry pursuant to this article.
Reimbursement to the City of Ventnor City or
its agents for expendable items shall be made by the owner or operator
of the vehicle responsible for the fire, leak or spill of a hazardous
material; the owner or person responsible for the vessel containing
the hazardous material involved in a fire, leak or spill, on public
or private property, whether stationary or in transit and whether
accidental or through negligence; the owner or person responsible
for any property from which any leak or spill of hazardous material
emanates, whether accidental or through negligence and the person
responsible for the fire, leak or spill of hazardous material on public
or private property, whether accidental or through negligence.
Any person responsible for the fire, leak or
spill or the release of a hazardous material must provide reimbursement
for services rendered by any recovery company, towing company or any
technical assistance in such incidents. In the event of a vehicle
having been responsible for an incident, such vehicle may be impounded
until such time as it has been deemed to proceed by the on-scene incident
commander of the Ventnor City Fire Department and until such time
as arrangements have been made to reimburse the City of Ventnor City
and the towing company for their expenditures under the terms or this
article.
The person or entity responsible for any fire,
leak or spill of a hazardous material shall reimburse the City of
Ventnor City or its agents the full price of the expendable items
used to extinguish such fire or stop or contain such leak or spill,
within 30 days after receipt of a bill therefor from the City of Ventnor
City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The person or entity responsible for any fire,
leak or spill of a hazardous material who fails to reimburse the City
of Ventnor City or its agents within the time required shall be subject
to a fine of not more than $1,000 per day for each day the violations
continue in addition to reimbursement of the claimed due. In addition
to or as a substitute for the previously mentioned fine, the imposition
of community service shall be authorized as an additional penalty,
which community service shall not exceed 90 days.
