[Adopted 6-22-1992 by Ord. No. 464]
As used in this Article, the following terms shall have the meanings
indicated:
EMERGENCY RESPONSE ACTION
All of the activities conducted by the Township and/or the Township's
Fire Department to clean up, remove, prevent, contain or mitigate a discharge
of hazardous materials that poses an immediate threat to the environment or
to the public health, safety or welfare.
EXPENDED RESOURCES
In general, those resources expended that are reasonable, necessary
and allocable to the emergency response action. Expended resources shall include,
but are not limited to, the following:
A.
Materials and supplies acquired, consumed or expended specifically for
the purpose of the emergency response action.
B.
Compensation of employees or independent contractors for the time and
efforts devoted specifically to the emergency response action.
C.
Rental or leasing of equipment used specifically for the emergency response
action (such as protective, scientific and technical equipment and clothing).
D.
Replacement costs for equipment owned by the Township, the Township's
Fire Department or a mutual aid company or department that is contaminated
beyond reuse or repair, if the loss occurred during an emergency response
action (such as self-contained breathing apparatus irreparably contaminated
during the response).
E.
Decontamination of equipment and personnel contaminated during an emergency
response action.
F.
Special technical services specifically required for an emergency response
action (such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the Township.
G.
Other special services specifically required for the emergency action.
H.
Laboratory costs of analyzing samples taken during the emergency response
action.
I.
Costs of cleanup, storage or disposal of the released material.
J.
Costs associated with services and supplies procured in response to
an evacuation resulting from a release.
K.
Medical expenses incurred, including post-exposure medical surveillance.
L.
Legal expenses incurred as a result of the emergency response action,
including efforts to recover expenses pursuant to this Article.
HAZARDOUS MATERIAL
Any material solid, liquid or gas classified as a hazardous material
by federal, state or local legislation or regulation.
RELEASE
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into the waters or onto the lands within the
borders of the Township or into waters outside the jurisdiction of the Township
when damage may result to the lands, waters or natural resources within the
borders of the Township.
THREATENED RELEASE
Any imminent or impending event potentially causing but not resulting
in a release, but causing the Township to undertake an emergency response
action.
VEHICLE
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
VESSEL
Any container, drum, barrel, box, cylinder or tank used to hold or
contain or carry or store any hazardous materials.
Reimbursement to the Township for the costs of any expended resources
shall be made by the following parties jointly and severally:
A. The owner or operator of any vehicle responsible for
or contributing to any release or threatened release of hazardous materials.
B. The owner or person responsible for any vessel containing
hazardous materials involved in or contributing to any release or threatened
release on public or private property whether stationary or in transit, whether
accidental or through the negligence of the owner or person responsible for
the vessel.
C. The owner or person responsible for any property from
which any release or threatened release of hazardous materials emanate, whether
accidental or through the negligence or intentional acts of the owner or person
responsible for the property.
D. Any person responsible for or contributing to any release
or threatened release of hazardous material on public or private property
whether accidental or through the negligence or intentional acts of the person
responsible for contributing to the release or threatened release.
Any person or company responsible for or contributing to any release
or threatened release of a hazardous material must provide reimbursement directly
to the Township for services rendered by any recovery company, towing company
or other technical assistance required by the Township to handle such incident.
Any person, owner or company responsible for or contributing to any
release or threatened release of hazardous materials shall reimburse the Township
of Boonton for the full price of replacing any nonusable equipment or expended
resources used in an emergency response action concerning any release or threatened
release within a period of 45 days after receipt of a bill for such items
from the Township of Boonton.
[Amended 4-9-2007 by Ord. No. 739]
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Township of Boonton within the time set forth in this article shall be subject, upon conviction, to the penalties provided in §
1-15 of this Code.
Nothing in this Article shall be construed to conflict with state or
federal laws requiring persons causing or responsible for any release or threatened
release of a hazardous material to engage in remediation activities or pay
the costs thereof, or both.