[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.]
GENERAL REFERENCES
Chlorofluorocarbons and halons — See Ch. 103.
[Adopted 4-16-1991 as Ord. No. 1851]
As used in this Article, the following terms shall have the meanings
indicated:
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.
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:
A.Â
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
B.Â
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.
C.Â
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates.
D.Â
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.
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.
