[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes by Ord. No. 3-94. Amendments noted where applicable.]
A.
This chapter provides for the reimbursement and the replacement
of expended resources and nonreusable equipment maintained or procured by
the Borough Fire Department and used in the case of a release or threatened
release of any hazardous materials.
B.
This chapter entitles the Borough to reimbursement for
the costs of replacing nonreusable equipment and expended resources utilized
by the Borough or the Borough Fire Department or any of its agencies in stopping
or containing any release of a hazardous material during an emergency response
action.
As used in this chapter, the following terms shall have the meanings
indicated:
All activities conducted by the Borough and/or the Borough 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.
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:
Materials and supplies acquired, consumed or expended specifically for
the purpose of the emergency response action.
Compensation of employees or independent contractors for the time and
efforts devoted specifically to the emergency response action.
Rental or leasing of equipment used specifically for the emergency response
action (such as protective, scientific and technical equipment and clothing).
Replacement costs for equipment owned by the Borough, the Borough 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).
Decontamination of equipment and personnel contaminated during an emergency
response action.
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 Borough).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency response
action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with services and supplies procured in response to
an evacuation resulting from a release.
Medical expenses incurred, including post-exposure medical surveillance.
Legal expenses incurred as a result of the emergency response action,
including efforts to recover expenses pursuant to this chapter.
Any material, solid, liquid or gas, classified as a hazardous material
by federal, state or local legislation or regulation.
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 lands within the borders
of the Borough or into waters outside the jurisdiction of the Borough, when
damage may result to the lands, waters or natural resources within the borders
of the Borough.
Any imminent or impending event potentially causing but not resulting
in a release, but causing the Borough to undertake an emergency response action.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, barrel, box, cylinder or tank used to hold or
contain or carry or store any hazardous materials.
Reimbursement to the Borough for the costs of any expended resources
shall be the responsibility of 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 emanates, 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 Borough for services rendered by any recovery company, towing company
or other technical assistance required by the Borough 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 Borough
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 Borough.
Nothing in this chapter 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.
