[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.
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.
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.
A duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
