Township of Rochelle Park, NJ Chapter 152 Reimbursement of Expenses

[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 9-23-1998 by Ord. No. 780-98. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department — See Ch. 14.

Police Department — See Ch. 28.

Fire prevention — See Ch. 102.

§ 152-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EXPENDABLE ITEMS

Any items used to extinguish any fire and/or stop or control or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. Those include but are not limited to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment to include, but not be restricted to, acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIALS

Any material, solid, liquid or gas, listed as a hazardous substance or material, including, but not necessarily limited to, such substances and materials listed under the N.F.P.A. 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 Department of Environmental Protection.

VEHICLE

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.

VESSEL

Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous material.

§ 152-2 Reimbursable items.

Costs incurred by the township and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in § 152-3 below:

A. The cost of replacement of expendable items.

B. The expenses incurred by the township for the wages (regular and/or overtime) paid to its employees/agents as a result of a hazardous material incident.

C. Any and all medical costs incurred by responding personnel.

D. Any and all environmental costs required to ensure a hazard-free environment (soil-water-air).

E. A fixed hourly rate for the use of apparatus at incidents computed at the rate of $200 per hour for the use of specialized equipment and/or vehicles and one hundred fifty ($150.) per hour for the use of any other equipment and/or vehicles to the township.

F. All expenses incurred by other mutual aid responding units.

G. Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or Emergency Management Coordinator to handle such incidents.

§ 152-3 Responsible parties.

Reimbursement to the township for any reimbursable items, as set forth above, shall be made by the following parties:

A. The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

B. The owner or person responsible for any vessel containing hazardous material involved in any fire, leak 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 or spill of hazardous material emanates.

D. Any person responsible for any fire, leak or spill of hazardous material on public or private property.

§ 152-4 Period for payment.

Any responsible party shall reimburse the township for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, or control and clean up such a spill within 45 days after receipt of a bill for such items from the township.

§ 152-5 Violations and penalties.

Any responsible party who fails to reimburse the Township for reimbursable items within 45 days shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the township for the cost of such items within said forty-five-day period, and in addition to any penalty provided for herein, the township may take such action as may be provided by law, to recover such costs from the responsible party.