[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pohatcong 6-11-1991 by Ord. No. 91-4. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 112.
Dry-cleaning establishments — See Ch. 134 and Ch. 288.
Junkyards — See Ch. 172.
As used in this chapter, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
Any items used to extinguish any fire or stop 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.
HAZARDOUS MATERIAL
Any material solid, liquid or gas listed as such under National Fire Protection Association Guide of Hazardous Materials or Department of Transportation Guide Book.
SPECIALIZED SERVICES
Any services provided to the Fire Company to assist in cleanup or abatement of hazardous materials, including but not limited to the services of a recovery company, towing company, construction contractor, or other technical assistance.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.
A. 
This chapter provides for the replacement or reimbursement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the township in case of fire, leakage or spillage involving any hazardous material.
B. 
This chapter entitles the Huntington Volunteer Fire Department ("Fire Company") to reimbursement for any expendable items or specialized services used by the township or any of its agencies in extinguishing any fire involving, stopping or containing any leak of or controlling any spill of hazardous materials.
A. 
The township and Fire Company are authorized to cleanup or abate the effects of any hazardous material deposited upon or into property or facilities of the township; and any person or persons who intentionally or negligently caused such deposit shall be liable for the payment of all costs incurred by the township and/or the Fire Company as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.
B. 
For purposes of this section, costs incurred by the township and/or the Fire Company shall include but not necessarily be limited to the following: actual labor costs of township personnel, e.g., police and fire dispatchers; cost of equipment operation; cost of expendable items and specialized services obtained directly by the township or the Fire Company; and cost of any contract labor and materials.
C. 
The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Fire Company.
Reimbursement to the township and/or the Fire Company, as may be appropriate, for any expendable items used and specialized services rendered 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 vessel containing hazardous materials involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental, through negligence, or otherwise.
C. 
The owner or person responsible for any property for which any leak or spill or hazardous material emanates, whether accidental or through negligence.
D. 
Any person responsible for any fire, leak or spill of hazardous materials on public or private property, whether accidental, through negligence, or otherwise.
Any person, owner or company responsible for any fire, leak or spill of hazardous materials shall reimburse the township and/or the Fire Company as may be appropriate, for the full price of any expendable items used to extinguish such a fire, stop or contain such a leak or control such a spill and of any specialized services rendered in connection with the foregoing within a period of 45 days after receipt of a bill for such items or services from the Township of Pohatcong.
Any person, owner or company responsible for any fire, leak or spill of hazardous materials who fails to reimburse the township and/or the Fire Company, as is appropriate, within the time set forth in this chapter shall be subject to a fine of not less than $50 nor more than $500 per day or to imprisonment for a period of not more than six months, or both, Any such penalty shall be in addition to the amount owed by said person, owner or company for reimbursement to the township and/or the Fire Company, as authorized under this chapter.