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:
BOROUGH
The Borough of Dumont, including any of its agencies, departments
and boards.
DISCHARGE
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).
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,
contain, carry or store any hazardous material.
VOLUNTEER ORGANIZATION
A duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
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 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.