This article provides for the replacement or reimbursement of the specialized and sometimes nonreusable supplies and equipment required to be utilized in the case of leakage, unwarranted discharge, release, or spillage involving any hazardous materials or hazardous substance. This article entitles the Borough of Dunellen, or any of its agencies to reimbursement for any expendable items and labor costs used in stopping, containing, controlling, or taking regulatory action for any leak, unwarranted discharge, release, or spillage involving hazardous materials or hazardous substances.
A. 
Reimbursement for any expendable or damaged items and labor costs used shall be made by the following responsible parties for any leak, unwarranted discharge, release, or spill, regardless whether on public or private property and regardless whether accidental, intentional, or through negligence:
(1) 
The owner or operator of any vehicle from which such material or substance emanates.
(2) 
The owner, person, firm, or corporation responsible for any vessel from which such material or substance emanates.
(3) 
The owner, person, firm, or corporation responsible for any property upon which such incident occurs or emanates from.
B. 
Exceptions.
(1) 
Owner occupied one- or two-family dwelling units current in their property tax payments for accidental incidents on the residential property to which they hold title.
(2) 
Borough residents when the material emanates from a properly registered passenger vehicle for accidental incidents.
(3) 
Fixed nonresidential facilities which shall not be responsible for routine labor costs for accidental incidents during regularly scheduled hours that pose no threat off the site. In all cases such facilities shall be responsible for any overtime occurrences and replacement of expended or damaged equipment and supplies.
Any person, firm, or corporation responsible for any leak, unwarranted discharge, release, or spill of hazardous materials or hazardous substances shall provide reimbursement for services rendered by any recovery company, towing company, or other technical assistance called for by the Hazardous Material Incident Scene Commander.
Reimbursement shall be received from the responsible party within 30 days after receipt of a notice and/or bill for such items and/or costs from the office of the Fire Chief.
This article shall not limit the rights of third parties to seek recovery from any responsible party for the costs incurred in connection with any leak, unwarranted discharge, release, or spill of a hazardous material or hazardous substance.
As used in this article, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
Any items used to stop or contain any leak, unwarranted discharge, release, or spill involving any hazardous material or hazardous substance which cannot be reused or cannot be replenished without cost. These include but are not limited to absorbent materials, foam agent, sand, recovery drums, hand tools, and protective equipment such as gloves, goggles, boots, coats, helmets, pants, and chemical protective clothing; or any other item that cannot be decontaminated; and the costs to decontaminate items for reuse.
HAZARDOUS MATERIAL or HAZARDOUS SUBSTANCE
Any substance or material capable of posing an unnecessary risk to the health, safety, or welfare of any person or the environment when released from its vessel by leak, unwarranted discharge, release, or spill.
LABOR COSTS
Costs incurred include but shall not be limited to actual labor costs of personnel used in connection with any leak, unwarranted discharge, release, or spill.
VEHICLE
Any motorized equipment, registered or unregistered, including, but not limited to, passenger cars, motorcycles, trucks, tractor-trailers, construction equipment, or farm machinery.
VESSEL
Any container, drum, box, cylinder, tank, or piping used to hold, contain, store, or transport any hazardous material or hazardous substance.