[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 7-14-1999
by Ord. No. 8-1999 (Ch. 110 of the 1983 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Firesafety — See Ch. 45.
For the purposes of this chapter, the following words and phrases shall
have the meaning ascribed to them by this section:
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 restricted 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.
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 National Fire Protection Association Guide to Hazardous
Materials, 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.
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 or
contain or carry or store any hazardous material.
Costs incurred by the Township of Pittsgrove for the following items in connection with the suppression, control or clean up of a fire, leakage or spillage involving any hazardous material shall be reimbursed to the Township of Pittsgrove by the responsible parties as set forth in § 49-3 below:
A.
The cost of replacement of expendable items.
B.
The expenses incurred by the Township 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 and air).
E.
A fixed hourly rate for the use of apparatus at incidents computed at the rate as indicated in Chapter A120, Fees, for the use of a ladder truck and for the use of any other municipal or government vehicles.
F.
Services rendered by any recovery company, towing company
or other technical assistance called for by the Fire Department to handle
such incident.
Reimbursement to the Township for any reimbursable items, as set forth
above, shall be made by the following parties: The owner, operator, person
or entity responsible for any vehicle or vessel containing hazardous material
involved in any fire or release on public or private property, whether stationary
or in transit, whether accidental, through negligence or criminal act.
Any responsible party, as set forth in § 49-3 hereof, shall reimburse the Township of Pittsgrove for the full price of any reimbursable items used to extinguish such a fire, stop or contain such release or control and clean up such release within 45 days after receipt of a bill for such items from the Township of Pittsgrove. Upon the failure to reimburse the Township of Pittsgrove for the cost of such items within said forty-five-day period, and in addition to the penalty provided in § 49-5 hereof, the Township of Pittsgrove may take such action as may be provided by law to recover such cost from the responsible party.
[Amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006
by Ord. No. 4-2006]
Any person, firm or corporation violating this chapter shall be subject,
upon conviction, to one or more of the following: imprisonment in the county
jail for any term not exceeding 90 days; or by a fine of no less than $100
and not more than $2,000; or by a period of community service not exceeding
90 days.
