[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-2004 by Ord. No. 792-2004]
This article shall be known as the "Hazardous Material Cost Recovery
Ordinance."
A.
This article provides for the reimbursement and the replacement
of expended resources and nonreusable equipment, as hereinafter defined, which
are maintained or procured by the Borough or its emergency management departments
and utilized in the case of a release or threatened release of any hazardous
materials.
B.
This article entitles the Borough and/or the Borough's
emergency management departments to reimbursement for the costs of replacing
nonreusable equipment and expended resources utilized by the Borough of the
Borough's emergency management departments in stopping or containing
any release of a hazardous material during an emergency response action.
As used in this article the following terms have the following meanings:
All of the activities conducted by the Borough and/or the Borough's
emergency management departments to clean up, remove, prevent, contain or
mitigate a discharge or release of hazardous materials that poses an immediate
threat to the environment or to the public health, safety or welfare.
In general, those resources expended that are reasonable, necessary
and allocable to the emergency response action. Expended resources shall include,
but are not limited to, the following:
Materials and supplies required, consumed or expended specifically for
the purpose of the emergency response action.
Compensation of employees or independent contractors for the time and
efforts devoted specifically to the emergency response action.
Rental and leasing of equipment used specifically for the emergency
response action (such as protective scientific and technical equipment and
clothing).
Replacement costs for equipment owned by the Borough, the Borough's
emergency management departments or a mutual aid company or department that
is contaminated beyond reuse or repair, if the loss occurred during an emergency
response action (such as self-contained breathing apparatus irreparably contaminated
during the response).
Decontamination of equipment and personnel contaminated during an emergency
response action.
Special technical services specifically required for an emergency response
action (such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the Borough).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency response
action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with services and supplies procured in response to
an evacuation resulting from a release.
Medical expenses incurred, including postexposure medical follow-up.
Legal expenses incurred as a result of the emergency response action,
including the efforts to recover expenses pursuant to this article.
Any substance, material, solid, liquid or gas listed as a hazardous
substance or material, including, but not limited to, such substances or materials
listed under Section 3 of the Spill Compensation and Control Act, the National
Fire Protection Association Guide of Hazardous Material, the Department of
Transportation Guide Book and the list of hazardous substances and toxic pollutants
designated by the Federal Environmental Protection Agency and the New Jersey
State of Department of Environmental Protection.
Any natural person or individual, or any firm, partnership, association,
limited partnership, trust, association, limited partnership, proprietorship,
corporation or any other business entity or any governmental agency or entity.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances anywhere within the Borough of Northvale or
any other location outside of the Borough where any of the Northvale emergency
management departments are requested for assistance.
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 train.
Any container, drum, box, cylinder or tank used to hold or to contain
or carry or store any hazardous material, whether or not said container was
manufactured for the containment of a hazardous material.
A.
The release or discharge of hazardous materials is prohibited,
unless the responsible party is in full compliance with the conditions of
a federal or state permit.
B.
Any person/responsible party who may be subject to liability
for release/discharge of hazardous materials or becomes aware of same which
has occurred shall immediately notify the Borough of Northvale Police Department
at (201) 768-5900.
C.
Whenever a hazardous material is released or discharged,
the Borough of Northvale may, in its discretion, act to remove or arrange
for the removal of such discharge.
D.
Any person or responsible party who has released or discharged
a hazardous material which has been or shall be removed by the Borough of
Northvale, any of its emergency management departments, servants, agents or
employees or any independent contractor(s) retained by the Borough, shall
be strictly liable, jointly and severally, without regard to such person's
degree of negligence or fault, for all cleanup and removal costs and reimbursement
of all expended resources as defined hereinabove.
Any person or responsible party who has released or discharged or threatened
to release or discharge any hazardous materials in violation of this article
shall reimburse the Borough of Northvale for the full price of replacing any
nonusable equipment or expended resources and for all cleanup and removal
costs used in an emergency response action concerning any release or threatened
release within a period of 45 days after receipt of a bill for such costs
or items from the Borough of Northvale.
Any person or responsible party who has released, discharged or threatened
to release or discharge hazardous materials and who fails to reimburse the
Borough of Northvale within the time period set forth hereinabove shall be
subject to one or more of the following: imprisonment in the Bergen County
Jail for a term not to exceed 90 days, and/or a fine not to exceed $1,000
per day for each day the violation or failure to timely reimburse the Borough
continues, and/or community service not exceeding 90 days.
Nothing in this article shall be construed to conflict with state or
federal laws requiring persons or responsible parties causing the release
or discharge or threatened release or discharge of hazardous materials to
engage in remediation activities or to pay the costs thereof, or both as may
be required.
This article does not preclude or precede any other remedy as may be
provided by law that may be available in the Borough or to the Borough emergency
management departments for reimbursement as specified herein.
Nothing in this article shall be construed to abrogate or impair the
power of the Borough or any officer or department from enforcement of any
provision of its own ordinances or state law, nor to prevent or punish violations
thereof, and the power conferred by this article shall be in addition and
supplemental to the powers conferred upon the Borough by any other state law
or local ordinance.
