[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 1998-14 (Sec. 3-14 of the 1987 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Includes the Borough of Red Bank's employees, agents,
officers, officials and supporting units as directed by the Office
of Emergency Management.
Relating to a hazardous material discharge or emission, shall
mean a calculation of all costs and expenses for materials utilized;
for any and all wages and benefits paid; for use of any and all equipment;
and for any expenses for outside services needed by the Borough. Compensation
also includes the costs of any and all medical treatment and hospital
expenses for injuries incurred by agents, servants and employees of
the Borough arising out of the hazardous material discharge or emission.
Compensation further includes any administrative costs.
Includes, but is not limited to, the spilling, leaking, flowing
or running of substances into the environment without regard to cause;
and shall include causes that are man-made, natural, accidental, unavoidable
or from any cause whatever.
The air, ground and waters in and adjoining the Borough.
Any materials or items used to stop, extinguish or prevent
any hazardous material fire, or stop or contain any discharge or emission
involving any hazardous materials, which materials or items cannot
be reused or cannot be replenished without cost after the particular
hazardous materials incident. These expendable items include, but
are not limited to, firefighting foam, chemical extinguishing agents,
absorbent materials, sand, recovery drums, and any protective equipment
and clothing, including but not restricted to chemical protective
suits, chemical protective gloves, goggles and any other item owned
or controlled by the Borough.
Any material, solid, liquid or gas, listed as such under
the NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, 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;
any hospital or medical waste, including but not limited to syringes,
bandages and discarded pharmaceutical products; and any material warranting
removal, abatement, cleanup or mitigation in the opinion of the Borough
of Red Bank Office of Emergency Management.
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.
A.
The discharge or emission of hazardous substances into the environment
is prohibited. This chapter shall not apply to discharge or emission
of hazardous substances pursuant to and in compliance with the conditions
of a federal or state permit.
B.
Any person who may be subject to liability for a discharge or emission,
including any person who becomes aware of a discharge or emission
which occurred prior to or after the effective date of this chapter,
shall immediately notify the Borough of Red Bank Office of Emergency
Management or Police Department.
A.
Whenever any hazardous substance is discharged or emitted, the Borough
may, in its discretion, act to abate, clean up or mitigate or arrange
for the abatement, cleanup or mitigation of such discharge or emission.
B.
Whenever the Borough, through the Office of Emergency Management,
the Health Officer, the Police Chief, the Fire Chief, the Fire Prevention
Bureau, the Emergency Management Coordinator and/or the Borough Administrator,
identifies an emission into the environment of the Borough of any
hazardous material or substance in such a manner that, in the opinion
of the above Borough representatives, immediate abatement, cleanup
and/or mitigation is required, a Borough representative shall order,
which order may be verbal, the responsible person to take immediate
action to abate, clean up and/or mitigate the discharge or emission.
C.
Should the responsible person or persons not be available, or for
whatever reason not take immediate action as in the opinion of the
Borough or its agents is necessary and desirable, then an agent of
the Borough may, at his or her discretion, act to abate, clean up
or mitigate the hazardous material discharge or emission by:
A.
Payment of the costs and expenses or compensation related to the
discharge or emission of hazardous materials shall be made to the
Borough and/or private entity by the responsible person or persons.
Responsible persons shall include the owner or operator of the vehicle
responsible for the hazardous material fire, discharge or emission;
the owner or person responsible for the vessel containing the hazardous
material involved in such fire, discharge or emission; the owner or
person responsible for any property from which any discharge or emission
of hazardous material emanates; and/or the person responsible for
the incident that caused the hazardous material fire, discharge or
emission; and any person who in any way is responsible for any hazardous
material which has been discharged or emitted into the Borough's
environment.
B.
Responsible parties concerning the discharge or emission of hazardous
materials or persons who have failed to report a discharge or emission,
which discharge or emission has been or shall be the subject of abatement,
cleanup or mitigation by the Borough or an outside private entity,
shall be strictly liable, jointly and severally, without regard to
fault for all cleanup and removal costs or compensation and shall
be strictly liable for all costs and expenses related to the incident.
C.
In the event of a vehicle or vessel being involved in a hazardous
material discharge or emission, such vehicle or vessel may be impounded
by the Borough until such time as it has been deemed safe to release
or to proceed by the Borough and until such time as arrangements have
been made to reimburse the Borough and to pay the charges of any private
entities called for by the Borough to assist or attend to the abatement,
cleanup or mitigation of the discharge or emission.
Any person or persons responsible for any discharge or emission
of hazardous materials shall reimburse the full compensation for the
incident within 30 days after receipt of a bill therefor.
It shall be unlawful under this section for any person:
A.
To permit or be responsible for the emission of any hazardous material
into the environment of the Borough.
B.
To knowingly fail to report to the Borough any discharge or emission
of hazardous material into the environment of the Borough.
C.
To fail to promptly respond to the order of a Borough official regarding
or related to the abatement, cleanup and/or mitigation of any emission
of hazardous material.
D.
To fail to pay compensation to the Borough within 30 days following
that person's receipt of the Borough's bill for compensation
relating to the discharge or emission of hazardous material.
A.
Any responsible person regarding any fire, discharge or emission
of hazardous material into the environment of the Borough shall be
subject to a fine of not more than $5,000, or imprisonment for a period
not to exceed six months, or community service for a period not to
exceed six months, or any combination of these penalties.
B.
Any responsible person who fails to report any discharge or emission
of hazardous materials into the environment of the Borough shall be
subject to a fine of not more than $5,000, or imprisonment for a period
not to exceed six months, or community service for a period not to
exceed six months, or any combination of these penalties.
C.
Any responsible person who fails to immediately or timely respond
to the order of a Borough official to abate, clean up, or remediate
any discharge or emission of hazardous materials when directed shall
be subject to a fine of not less than $500 or more than $5,000, or
by imprisonment for a period of not more than six months, or community
service for a period not to exceed six months, or any combination
of these penalties.
D.
Any responsible person who fails to reimburse the Borough as provided
in this section shall be subject to a fine of not more than $5,000
and may also be required to pay to the Borough, as restitution, the
compensation as provided in this section.
