[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont 2-7-1995 by Ord. No. 1212 (Secs. 10-33 through 10-37 of the 1970 Revised Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Hazardous Waste Costs Recovery Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Dumont, including any of its agencies, departments and boards.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the air or waters or onto the lands of the state, or into the air or waters outside the jurisdiction of the state, when damage may result to the lands, waters, air or natural resources within the jurisdiction of the state.
- 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 restricted to acid suits, acid gloves, goggles and protective clothing.
- HAZARDOUS SUBSTANCE
- A substance defined as such pursuant to Section 3 of the Spill Compensation and Control Act. P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b).
- Any motorized equipment registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
- Any container, drum, box, cylinder or tank used to hold, contain, carry or store any hazardous material.
- VOLUNTEER ORGANIZATION
- A duly incorporated volunteer fire, ambulance, first aid, emergency or rescue company or squad.
This chapter provides for the reimbursement for or the replacement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the Borough in case of fire, leakage or spillage involving any hazardous material.
This chapter entitles the Borough of Dumont to reimbursement for any expendable items used by the Borough or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials.
Any person responsible for causing or allowing an unauthorized discharge of a hazardous substance that requires emergency action by the Borough or by a unit or volunteer organization of the Borough in order to protect the public health, safety or welfare or the environment is liable, jointly and severally, to the Borough and each such unit or organization for the necessary and reasonable additional or extraordinary costs incurred in investigating, mitigating, minimizing, removing and abating the discharge.
The Borough and any volunteer organization of the Borough responding to the emergency caused by the discharge of a hazardous substance shall keep a detailed record of the costs attributable thereto and shall certify that record to the governing body within which the discharge occurred.
The Borough and any volunteer organization of the Borough responding to the emergency caused by the discharge of a hazardous substance may request the Borough Attorney to bring a civil action in a court of competent jurisdiction for recovery of costs permitted pursuant to this chapter. Upon receiving such a request, the Borough Attorney shall submit a written, itemized claim for the total certified costs incurred by the Borough and each volunteer organization to the responsible persons with a demand that those costs be paid. The demand shall also notify the responsible persons that unless the total certified costs are paid within 30 days from the mailing of the demand, the Borough Attorney is authorized to commence a civil action to recover said costs.
In determining of the amount required to be reimbursed pursuant to § 235-4 of this chapter, the status of a person liable as a taxpayer to the Borough may be taken into consideration.
The Borough and any volunteer organization responding to the emergency caused by the discharge of a hazardous substance may compromise and settle any claim for costs permitted pursuant to this chapter in such amount in the discretion of the Borough or unit or organization as may appear appropriate and equitable under all of the circumstances.
Any recovery of costs shall be credited to the appropriate funds of the Borough and each volunteer organization from which moneys were expended in responding to the emergency caused by the discharge of a hazardous substance.
The recovery of costs will be received whether the incident takes place within the Borough of Dumont or as part of a mutual aid response.
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough or volunteer organization as set forth in this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty, in addition to reimbursement of the claimed due.