Chapter 154: Hazardous Materials Cleanup

As used in this chapter, the following terms shall have the meanings indicated:

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 restricted to, acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIALS

Any material, solid, liquid or gas as a hazardous substance or material, including, but not necessarily limited to, such substances and materials listed under the NFPA Guide of 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.

VEHICLE

Any motorized equipment registered or unregistered, including, but not limited to, a passenger car, motorcycles, truck, tractor trailers, construction equipment, farm machinery, water craft, aircraft and trains.

VESSEL

Any container, drum, box, cylinder, bottle, or tank used to hold or contain or carry or store any hazardous materials.

§ 154-2 Reimbursable items.

Costs incurred by the Borough of Leonia for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance shall be reimbursed to the Borough of Leonia by the responsible parties as set forth in § 154-3 below:

The cost of replacement of expendable items.

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.

Any and all medical costs incurred by responding personnel.

Any and all environmental tests required to insure a hazard-free environment (soil-water-air).

A fixed hourly rate for the use of apparatus at incidents computed at the rate of $100 for use of a ladder truck and $50 for use of any other vehicle.

Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incidents.

§ 154-3 Parties responsible for reimbursement.

Reimbursement to the Borough for any reimbursable items, as set forth above, shall be made by the following parties.

The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous materials.

The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationery or in transit, whether accidental or through negligence.

The owner or person responsible for any property from which any leak or spill of hazardous material emanates.

Any person responsible for any fire, leak or spill of hazardous material on public or private property.

§ 154-4 Period for payment.

Any responsible party, as set forth in § 154-3 hereof, shall reimburse the Borough of Leonia 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 of Leonia.

§ 154-5 Violations and penalties.

Any responsible party, as set forth in § 154-3 hereof, who fails to reimburse the Borough of Leonia for reimbursable items within the time set forth in § 154-4 hereof, shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the Borough for the cost or such items within said forty-five-day period, and in addition to any penalty provided in this § 154-5 hereof, the Borough may take such action, as may be provided by law, to recover such costs from the responsible party.