Borough of Upper Saddle River, NJ Chapter 62 Hazardous Materials

[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as indicated in article histories. Amendments noted where applicable.]

Article I Reimbursement for Expendable Items

[Adopted 9-9-1998 by Ord. No. 18-98]

§ 62-1 Definitions.

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.

§ 62-2 Reimbursable items.

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.

§ 62-3 Responsible parties.

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.

§ 62-4 Time limit for payment.

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.

§ 62-5 Violations and penalties.

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.