[Adopted 4-11-1995 by Ord. No. 1212]
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 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 MATERIALS
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 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 materials.
Costs incurred by the Borough of Palisades Park 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 substances or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in § 143-45 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 and 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 Haz Mat truck to the Mid Bergen Hazardous Materials Team and $150 per hour for the use of any other vehicles to the Borough of Palisades Park.
F. 
All expenses incurred by Mid Bergen Hazardous Materials Team and/or other mutual aid responding units.
G. 
Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incidents.
Reimbursement to the Borough of Palisades Park for any reimbursable 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 materials.
B. 
The owner or person responsible for any vessel 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.
Any responsible party, as set forth in § 143-45 hereof, shall reimburse the Borough of Palisades Park and/or the Mid Bergen Hazardous Materials Team 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 Palisades Park. Billing is to include a twenty-percent administrative fee.
Any responsible party, as set forth in § 143-45 hereof, who fails to reimburse the Borough of Palisades Park for reimbursable items within the time limit set forth in § 143-46 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, or as set forth in the general penalty provisions of the revised Code of the Borough of Palisades Park,[1] whichever is greater or, in the judgment of the Municipal Court of the Borough of Palisades Park, is most appropriate under the circumstances. Upon the failure to reimburse the borough for such cost of such items within said forty-five-day period, and in addition to any penalty provided for in this section, the Borough of Palisades Park may take such action, as may be provided by law, to recover such costs from the responsible party.
[1]
Editor's Note: See Ch. 1, General Provisions, § 1-15.