[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale as indicated in article histories. Amendments noted where applicable.]
Article I Cleanup Cost Recovery
[Adopted 4-14-2004 by Ord. No. 792-2004]
This article shall be known as the "Hazardous Material Cost Recovery Ordinance."
This article provides for the reimbursement and the replacement of expended resources and nonreusable equipment, as hereinafter defined, which are maintained or procured by the Borough or its emergency management departments and utilized in the case of a release or threatened release of any hazardous materials.
This article entitles the Borough and/or the Borough's emergency management departments to reimbursement for the costs of replacing nonreusable equipment and expended resources utilized by the Borough of the Borough's emergency management departments in stopping or containing any release of a hazardous material during an emergency response action.
As used in this article the following terms have the following meanings:
- EMERGENCY RESPONSE ACTION
- All of the activities conducted by the Borough and/or the Borough's emergency management departments to clean up, remove, prevent, contain or mitigate a discharge or release of hazardous materials that poses an immediate threat to the environment or to the public health, safety or welfare.
- EXPENDED RESOURCES
- In general, those resources expended that are reasonable, necessary and allocable to the emergency response action. Expended resources shall include, but are not limited to, the following:
- A. Materials and supplies required, consumed or expended specifically for the purpose of the emergency response action.
- B. Compensation of employees or independent contractors for the time and efforts devoted specifically to the emergency response action.
- C. Rental and leasing of equipment used specifically for the emergency response action (such as protective scientific and technical equipment and clothing).
- D. Replacement costs for equipment owned by the Borough, the Borough's emergency management departments or a mutual aid company or department that is contaminated beyond reuse or repair, if the loss occurred during an emergency response action (such as self-contained breathing apparatus irreparably contaminated during the response).
- E. Decontamination of equipment and personnel contaminated during an emergency response action.
- F. Special technical services specifically required for an emergency response action (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the Borough).
- G. Other special services specifically required for the emergency action.
- H. Laboratory costs of analyzing samples taken during the emergency response action.
- I. Costs of cleanup, storage or disposal of the released material.
- J. Costs associated with services and supplies procured in response to an evacuation resulting from a release.
- K. Medical expenses incurred, including postexposure medical follow-up.
- L. Legal expenses incurred as a result of the emergency response action, including the efforts to recover expenses pursuant to this article.
- HAZARDOUS MATERIALS
- Any substance, material, solid, liquid or gas listed as a hazardous substance or material, including, but not limited to, such substances or materials listed under Section 3 of the Spill Compensation and Control Act, the National Fire Protection Association 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 of Department of Environmental Protection.
- PERSON/RESPONSIBLE PARTY
- Any natural person or individual, or any firm, partnership, association, limited partnership, trust, association, limited partnership, proprietorship, corporation or any other business entity or any governmental agency or entity.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances anywhere within the Borough of Northvale or any other location outside of the Borough where any of the Northvale emergency management departments are requested for assistance.
- 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 train.
- Any container, drum, box, cylinder or tank used to hold or to contain or carry or store any hazardous material, whether or not said container was manufactured for the containment of a hazardous material.
The release or discharge of hazardous materials is prohibited, unless the responsible party is in full compliance with the conditions of a federal or state permit.
Any person/responsible party who may be subject to liability for release/discharge of hazardous materials or becomes aware of same which has occurred shall immediately notify the Borough of Northvale Police Department at (201) 768-5900.
Whenever a hazardous material is released or discharged, the Borough of Northvale may, in its discretion, act to remove or arrange for the removal of such discharge.
Any person or responsible party who has released or discharged a hazardous material which has been or shall be removed by the Borough of Northvale, any of its emergency management departments, servants, agents or employees or any independent contractor(s) retained by the Borough, shall be strictly liable, jointly and severally, without regard to such person's degree of negligence or fault, for all cleanup and removal costs and reimbursement of all expended resources as defined hereinabove.
Any person or responsible party who has released or discharged or threatened to release or discharge any hazardous materials in violation of this article shall reimburse the Borough of Northvale for the full price of replacing any nonusable equipment or expended resources and for all cleanup and removal costs used in an emergency response action concerning any release or threatened release within a period of 45 days after receipt of a bill for such costs or items from the Borough of Northvale.
Any person or responsible party who has released, discharged or threatened to release or discharge hazardous materials and who fails to reimburse the Borough of Northvale within the time period set forth hereinabove shall be subject to one or more of the following: imprisonment in the Bergen County Jail for a term not to exceed 90 days, and/or a fine not to exceed $1,000 per day for each day the violation or failure to timely reimburse the Borough continues, and/or community service not exceeding 90 days.
Nothing in this article shall be construed to conflict with state or federal laws requiring persons or responsible parties causing the release or discharge or threatened release or discharge of hazardous materials to engage in remediation activities or to pay the costs thereof, or both as may be required.
This article does not preclude or precede any other remedy as may be provided by law that may be available in the Borough or to the Borough emergency management departments for reimbursement as specified herein.
Nothing in this article shall be construed to abrogate or impair the power of the Borough or any officer or department from enforcement of any provision of its own ordinances or state law, nor to prevent or punish violations thereof, and the power conferred by this article shall be in addition and supplemental to the powers conferred upon the Borough by any other state law or local ordinance.