[HISTORY: Adopted by the Township Committee of the Township of Maplewood: Art. I, 4-16-1991 as Ord. No. 1851; Art. II, 2-2-1993 as Ord. No. 1906. Amendments noted where applicable.]
Chlorofluorocarbons and halons — See Ch. 103.
Article I Reimbursement of Costs
Article II Spill, Discharge and Release
[Adopted 4-16-1991 as Ord. No. 1851]
As used in this Article, the following terms shall have the meanings indicated:
- COSTS AND EXPENSES
- The cost of any items used to extinguish any fire or stop or contain any leak or spill involving any hazardous material, which items cannot be reused or cannot be replenished without cost after that particular fire, leak or spill; any overtime payments required to provide adequate coverage of the costs of municipal employees; the cost of rental equipment; the cost of services contracted by the township with any recovery company, towing company or other technical assistance; or any other cost or expense incurred by the township in connection with a fire, leak or spill of hazardous material.
- HAZARDOUS MATERIAL
- Any material, solid, liquid or gas, listed as such under the National Fire Protection Association Guide of Hazardous Materials or the Department of Transportation Guide Book or defined as hazardous substances or hazardous waste in or pursuant to the Environmental Cleanup Responsibility Act (N.J.S.A. 13:1K-6 et seq.).
- 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.
This Article entitles the Township of Maplewood to reimbursement for any costs and expenses incurred by the township or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials.
Reimbursement to the Township of Maplewood for any costs and expenses shall be made by the following parties:
The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
The owner or person responsible for any vessel containing hazardous materials involved in any fire, leak or spill on public or private property, whether stationary or in transit.
The owner or person responsible for any property from which any leak or spill of hazardous material emanates.
Any person responsible for any fire, leak or spill of hazardous materials on public or private property.
The Township Administrator is authorized to take all steps necessary to obtain reimbursement from that person or company responsible for any fire, leak or spill of any costs and expenses incurred by the township in connection therewith.
Any person, owner or company responsible for any fire, leak or spill of hazardous materials shall reimburse the Township of Maplewood for the full costs and expenses incurred by the township to extinguish such a fire, stop or contain such a leak or control such a spill within a period of forty-five (45) days after receipt of a bill for such items from the Township of Maplewood.
Any person, owner or company responsible for any fire, leak or spill of hazardous materials who or which fails to reimburse the Township of Maplewood within the time set forth in this Article shall be subject to a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) per day or to imprisonment for a period of not more than six (6) months, or both.
[Adopted 2-2-1993 as Ord. No. 1906]
For the purposes of this Article, the following words shall have the following definitions:
- Shall have the meaning set forth in the Discharge of Petroleum and other Hazardous Substances Regulations, N.J.A.C. 7:1E.
- HAZARDOUS SUBSTANCES
- Any substance defined as such pursuant to the Discharge of Petroleum and Other Hazardous Substances Regulations, N.J.A.C. 7:1E.
In the event that there occurs a spill, discharge, leakage or any other type of release of hazardous substances onto any private or public property, including waterways, roadways or any other place in the township, the individuals or entities having ownership and control of the facility, building, vehicle, system or container from which said release emanated shall be responsible for all reasonable costs associated with and necessitated by the township's response thereto, including but not limited to costs of manpower, equipment, materials, supplies and any other expense reasonably related to said response by the township.
Upon the conclusion of response, containment and/or clean-up efforts, the heads of the township departments involved in the response shall prepare an accounting of all costs and expenses associated with said response, including but not limited to a pro rata cost for personnel time, equipment, materials, supplies and any other expense reasonably related thereto. The accounting shall be presented in writing as soon as practicable to the township's Chief Financial Officer and Business Administrator for verification and approval and shall then be transmitted to the Township Attorney for recommendation for follow-up action.