[Added 3-15-1999 by Ord. No. 7-99; amended
in its entirety 4-4-2006 by Ord. No. 6-2006]
A.
It is the purpose of this article to provide for the
reimbursement of costs in connection with actual, reported, or suspected
hazardous material incidents, which the Mayor and Council finds cause
public nuisances that cause the City of Hackensack and other entities
to incur unexpected costs and expenses, all to better protect the
public health, safety, and welfare of the residents of the City.
B.
EXPENDABLE ITEMS
HAZARDOUS MATERIAL
OTHER COSTS OF RESPONSE
VEHICLE
VESSEL
Definitions. As used in this article the following
terms shall have the meanings indicated:
Any items to extinguish any fire or control any spill involving
any hazardous material which cannot be reused or replenished without
cost after a fire, leak or spill. These items include and are not
restricted to fire-fighting foam, chemical extinguishing agents, absorbent
materials, sand, recovery drums and specialized protective equipment,
including, but not restricted to, acid suits, acid gloves, goggles
and protective clothing of any type which is to be used for the protection
of those persons engaged in the prevention of fires or removals of
hazardous materials.
Any material, solid, liquid or gas, listed as hazardous material
in the National Fire Protection Associations (NFPA) Guide of Hazardous
Materials or in the Department of Transportation Guide Book.
Includes, but is not limited to, any overtime payments necessitated
and generated by the hazardous material response. If applicable, it
shall include Fire Department personnel, Police Department personnel
and Department of Public Works personnel. It shall also include the
cost of disposal and transportation of the hazardous material.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment, farm machinery and/or any other method of
carrying or storing hazardous materials.
Any container, drum, box, cylinder or tank used to hold,
contain, carry or store any hazardous material.
C.
Parties responsible for reimbursement. Reimbursement
to the City of Hackensack for any expendable items or other costs
of response shall be made by the following persons or other entities:
(1)
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
(2)
The owner or person or persons responsible for any
vessel containing hazardous material involved in any fire, leak or
spill on public or private property, whether stationary or in transit,
regardless of fault.
(3)
The owner or person or persons responsible for any
property from which any leak or spill of hazardous material emanates,
regardless of fault.
(4)
Any person or persons responsible for any fire, leak
or spill of hazardous material on public or private property regardless
of fault.
D.
Reimbursement for services of recovery company, towing
company or technical assistance. Any person or company responsible
for any fire, leak or spill involving a hazardous material must provide
reimbursement in accordance with prevailing rates and actual labor
costs for services rendered by any recovery company, towing company
or other technical assistance of any type utilized by the City of
Hackensack or any of its agencies assisting in the safe disposition
or extinguishing of any fire, spill or leak.
E.
Period for payment. Any party responsible for any
fire, leak or spill of hazardous material shall reimburse the City
of Hackensack for the full amount of expense incurred for expendable
items and other costs of response which were used to extinguish a
fire, control or contain a leak or spill within a period of 30 days
after receipt of a bill for such items from the City of Hackensack.
F.
Violations and penalties. It shall be unlawful for a party responsible for making a payment for reimbursement to the City of Hackensack hereunder to fail to make such payment within 30 days after receipt of a bill. Any party violating this provision shall, upon conviction for such failure, be subject to the penalties set forth in Chapter 1, § 1-15, of the Code of the City of Hackensack, New Jersey.
G.
Other costs of response shall include, but not be
limited to, any overtime payments necessitated and generated by the
hazardous material response, any and all medical costs incurred by
responding personnel, including Fire Department personnel, Police
Department personnel, and Department of Public Works personnel, as
well as vehicle and material costs enumerated below. It shall also
include the cost of disposal and transportation of the hazardous material
as well as any and all environmental tests required to ensure a hazard-free
environment (soil-water-air) and any other miscellaneous costs.
K.
Miscellaneous: Miscellaneous costs would include,
but not be limited to, any other equipment, personnel or vehicles
used during the incident (e.g., police vehicles and personnel, Department
of Public Works vehicles and personnel, Health Department personnel,
tow trucks) and any other equipment of any nature whatsoever used
in connection with hazardous material migration and cleanup.
