[HISTORY: Adopted by the City Council of the City of Rahway 11-13-1990 by Ord. No. A-16-90. Amendments noted where applicable.]
This chapter is enacted pursuant to N.J.S.A. 26:3A2-21 et seq., the County Environmental Health Act.
As used in this chapter, the following terms shall have the meanings indicated:
- COLLECTING AGENCY
- The City of Rahway.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into any waters which flow within the jurisdiction of this city.
- EXPENDABLE ITEMS
- Any items used to extinguish or prevent any hazardous material fire or stop or contain any leak release or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These "expendable items" include but are not limited to fire-fighting foam, chemical extinguishing agents and absorbent materials, sand, recovery drums and any protective equipment and clothing to include, but not restricted to, chemical protective suits, chemical protective gloves, goggles and any other item owned or controlled by the City of Rahway or its employees, agents, officers and/or officials.
- HAZARDOUS MATERIAL
- Any material, solid, liquid or gas, listed as such under the National Fire Protection Association Guide of Hazardous Materials, the Department of Transportation Guidebook, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA) pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), and the list of toxic pollutants designated by Congress or the EPA pursuant to Section 307 of the Federal Water Pollution Control Act, and any hospital or medical waste, including but not limited to syringes, bandages and discarded pharmaceutical products.
- 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.
- Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not said container was manufactured for the containment of a hazardous material.
This chapter provides for the reimbursement for, or the replacement of, any and all equipment utilized by the City of Rahway for costs expended, without regard to ownership, for the purpose of mitigating, controlling or containing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of the same.
This chapter also provides for the reimbursement for the expenses incurred by the city for the wages, regular or overtime, paid to its employees, agents or servants as a result of an incident involving a hazardous material, fire, leak, release or spill of a hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants and employees of the City of Rahway.
This chapter mandates reimbursement to the City of Rahway and for any expendable items used by the city or any of its employees, agents, servants, officers or officials in extinguishing any hazardous material fire or stopping or containing or controlling or mitigating any spill, release or leak of any hazardous material.
The discharge of hazardous substances is prohibited. This section shall not apply to the discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
Any person who may be subject to liability for a discharge or becomes aware of a discharge which occurred prior to or after the effective date of this chapter shall immediately notify the City of Rahway Emergency Management at 381-8000.
Whenever any hazardous substance is discharged, the city may, at its discretion, act to remove or arrange for the removal of such discharge.
Any person who has discharged a hazardous substance or is in any way responsible for any hazardous substance which has been or shall be removed by the City of Rahway shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the wages, regular and overtime, paid and the costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the City of Rahway.
Reimbursement to the City of Rahway for expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person causing any hazardous material, fire, leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the city to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deeded safe to proceed by the incident commander in conjunction and cooperation with the City of Rahway's Hazardous Materials Unit and until such time as arrangements have been made to reimburse the city and the towing company for their expenditures under the terms of this chapter.
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the city the full price of expendable items and costs hereto used to extinguish such fire or to stop or contain such leak or to control such spill, within 45 days after receipt of a bill therefor. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of the amounts collected. In the event that the collecting agency is not able to collect said costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of the same.
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the city within the time required shall be subject to a fine of not less than $50 nor more than $500 per day or by imprisonment for a period of not more than six months, or both.