[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 1300 (§ 2-37 of the 1987 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 350.
The Borough Council finds and declares:
A.
The unauthorized leak, discharge, release or spill
of hazardous materials frequently involves substantial effort and
expense by public safety, emergency management and other personnel;
B.
The costs resulting from the clean up of such leaks,
discharges, releases and spills should be borne by the persons responsible
for the same rather than by the taxpayers of the Borough;
C.
It is the purpose of this chapter to establish procedures
for the recoupment by the Borough of the actual expenses resulting
from leaks, discharges, releases and spills of the kind described
herein;
D.
The procedures established by this will enhance and
promote the public health and safety.
As used in this chapter, the following terms
shall have the meanings indicated:
Any item or materials used to stop or contain any leak, unplanned
discharge, release or spill involving any hazardous material which
cannot be reused or cannot be replenished without cost after that
particular leak, unplanned discharge, release or spill. Expendable
items include but are not limited to absorbent material, sand, recovery
drums and specialized protective equipment including but not limited
to acid suits, acid gloves, goggles and protective clothing.
Any material solid, liquid or gas listed in 49 CFR 171, United
States Department Transportation Listing of Hazardous Materials and/or
Hazardous Waste, as listed in 40 CFR 262, United States Environmental
Protection Agency.
Costs incurred by the Borough of Highland Park include but
are not limited to actual labor cost of personnel used in connection
with the leak, unplanned discharge, release or spill involving hazardous
material.
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 or
contain or carry or store any hazardous material.
The following persons are hereby declared to be liable to the Borough for the payment of the costs specified in § 219-4 of this chapter:
A.
The owner or operator of any vehicle from which any
leak, unplanned discharge, release or spill of hazardous material
occurs;
B.
The owner or person responsible for any vessel containing
hazardous materials involved in any leak, unplanned discharge, release
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, unplanned discharge, release or spill of hazardous
material emanated, whether accidental or through negligence occurs;
D.
Any person causing any leak, unplanned discharge,
release or spill of hazardous materials on public or private property,
whether accidental or through negligence.
A.
Any individual, corporation or partnership responsible
for any leak, unplanned discharge, release or spill of a hazardous
material must reimburse the Borough for services rendered by any recovery
company, towing company or other technical assistance called for by
the Emergency Management Coordinator of the Borough of Highland Park.
B.
Any individual, corporation or partnership responsible
for any leak, unplanned discharge, release or spill of a hazardous
material must reimburse the Borough for the full cost of any expendable
items and labor costs used to stop, contain or control such a leak,
unplanned discharge, release or spill.
C.
Reimbursement shall be made within 30 days after receipt
of a resolution of the Borough Council approving a bill for such items
from the Emergency Management Coordinator of the Borough.
The provision for the recovery of costs provided
herein shall be in addition to any other remedies available in law.
