[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-19-1996 by Ord.
No. 2192]
As used in this article, the following terms shall have the meanings
indicated:
Any items used to extinguish any fire and/or stop and/or control
and/or contain any leak or spill involving any hazardous material, or any
suspected hazardous material spill or release, which cannot be reused or cannot
be replenished without cost after that particular fire, leak or spill, release
or any suspected hazardous material leak, spill or release. These include
but are not restricted to fire-fighting foam, chemical extinguishing agents,
absorbent material, sand, recover drums and specialized protective equipment
to include, but not be restricted to, flares, tape, barricades, acid suits,
acid gloves, goggles and protective clothing.
[Amended 12-29-2005 by Ord. No. 05-2366]
Any material, solid, liquid or gas, listed as a hazardous substance
or material, including, but not necessarily limited to, such substances and
materials listed under the 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/or
the New Jersey State Department of Environmental Protection.
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.
Any container, drum, box, cylinder, bottle or tank used to hold,
contain, carry or store any hazardous material.
[Amended 12-29-2005 by Ord. No. 05-2366]
Costs incurred by the Borough of Bergenfield and/or any of the fire companies of the Borough of Bergenfield and/or the Mid Bergen Hazardous Materials Team and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material, or any suspected hazardous material, or any suspected hazardous material leak, spill or release, shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in § 178-3 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 insure a
hazard-free environment (soil-water-air).
E.
All expenses incurred by Mid Bergen Hazardous Materials
Team and/or other mutual aid responding units.
F.
Services rendered by any recovery company, towing company
or other technical assistance called for by the Fire Department to handle
such incidents.
[Amended 12-29-2005 by Ord. No. 05-2366]
A.
Reimbursement to the Borough of Bergenfield for reimbursable
items, as set forth above, shall be made by the following parties:
(1)
The owner or operator of any vehicle responsible for
any fire, leak, spill or release of any hazardous material or suspected hazardous
material.
(2)
The owner or person responsible for any vessel containing
hazardous material involved in any fire, leak, spill or release of any hazardous
material or suspected hazardous material on public or private property, whether
stationary or in transit, whether accidental or through negligence.
(3)
The owner or person responsible for any property from
which any fire, leak, spill or release of any hazardous material or suspected
hazardous material emanates.
(4)
Any person responsible for any fire, leak, spill or release
of any hazardous material or suspected hazardous material on public or private
property, whether intentional or accidental.
B.
The word "person" shall include any individual, association,
partnership or corporation.
[Amended 12-29-2005 by Ord. No. 05-2366]
Any responsible party, as set forth in § 178-3 hereof, shall reimburse the Borough of Bergenfield and/or the Mid Bergen Hazardous Materials Team and/or other mutual aid responding units for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, a spill or release of any hazardous material or suspected hazardous material, or control and clean up such a spill within 30 days after receipt of a bill for such items from the Borough of Bergenfield. Billing is to include an administrative fee of 20% and such reasonable attorney's fees for collection if litigation is instituted.
Any responsible party, as set forth in § 178-3 hereof, who fails to reimburse the Borough of Bergenfield for reimbursable items within the time limit set forth in § 178-4 hereof, 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 of Bergenfield for the cost of such items within said thirty-day period, and in addition to any penalty provided for in this section, the Borough of Bergenfield may take such action, as may be provided by law, to recover such costs from the responsible party, as well as bring action in the Municipal Court of the Borough of Bergenfield for the penalties as set forth within.
