[Adopted 9-9-1998 by Ord.
No. 18-98]
As used in this article, the following terms shall have the meanings
indicated:
EXPENDABLE ITEMS
Any items used to extinguish any fire and/or stop or control or contain
any leak or spill involving any hazardous material which cannot be reused
or cannot be replenished without cost after that particular fire, leak or
spill. These include, but are not limited to, fire-fighting foam, chemical
extinguishing agents, absorbent material, sand, recovery drums and specialized
protective equipment to include, but not be restricted to, acid suits, acid
gloves, goggles and protective clothing.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as a hazardous substance
or material, including, but not necessarily limited to, substances and materials
listed under the National Fire Protection Association (NFPA) Guide of Hazardous
Material, the Department of Transportation Guide Book and the list of hazardous
substances and toxic pollutants designated by the Federal Environmental Protection
Agency and the New Jersey State Department of Environmental Protection.
VEHICLE
Any motorized equipment, registered or unregistered, including, but
not limited to, a passenger car, motorcycle, truck, tractor trailer, construction
equipment, farm machinery, watercraft, aircraft and trains.
VESSEL
Any container, drum, box, cylinder, bottle or tank used to hold,
contain, carry or store any hazardous material.
Costs incurred by the Borough and/or other mutual-aid responding units for the following items in connection with the suppression, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in §
62-3 below:
A. The cost of replacement of expendable items.
B. The expenses incurred by the Borough for the wages (regular
and/or overtime) paid to its employees/agents, as a result of a hazardous
material incident.
C. Any and all medical costs incurred by responding personnel.
D. Any and all environmental tests required to ensure a
hazard-free environment (soil-water-air).
E. A fixed hourly rate, for the use of apparatus at incidents,
computed at the rate of $200 per hour for the use of specialized equipment
and/or vehicles and $150 per hour for the use of any other equipment and/or
vehicles to the Borough.
F. All expenses incurred by other mutual aid responding
units.
G. Services rendered by any recovery company, towing company
or other technical assistance called for by the Fire Department or Emergency
Management Coordinator to handle such incidents.
Reimbursement to the Borough for any reimbursement items, as set forth
above, shall be made by the following parties:
A. The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
B. The owner or person responsible for any vessels containing
hazardous material involved in any fire, leak or spill on public or private
property, whether stationary or in transit, whether accidental or through
negligence.
C. The owner or person responsible for any property from
which any leak or spill of hazardous material emanates.
D. Any person responsible for any fire, leak or spill of
hazardous material on public or private property.
Any responsible party shall reimburse the Borough for the full price
of any reimbursable items used to extinguish such a fire, stop or contain
such a leak or control and clean up such a spill within 45 days after receipt
of a bill for such items from the Borough.
Any responsible party who fails to reimburse the Borough for reimbursable
items within 45 days shall be subject to a fine of not less than $100 nor
more than $500 or imprisonment for a period of not more than 90 days, or both.
Upon the failure to reimburse the Borough for the cost of such items within
said forty-five-day period, and in addition to any penalty provided for herein,
the Borough may take such action, as may be provided by law, to recover such
costs from the responsible party.