City of Englewood, NJ Hazardous Materials

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. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, and specialized protective equipment to include, but not 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 NFPA 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 passenger cars, motorcycles, trucks, tractor trailers, construction equipment, farm machinery, watercraft, aircraft, and trains.

VESSEL

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

§ 241-2 Reimbursable items.

Costs incurred by the City of Englewood for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance shall be reimbursed to the City of Englewood by the responsible parties as set forth in § 241-3 below:

The cost of replacement of expendable items.

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

Any and all medical costs incurred by responding personnel.

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

A fixed hourly rate for the use of apparatus at incidents computed at the rate of $100 for use of a ladder truck and $50 for use of any other vehicles.

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

§ 241-3 Parties responsible for reimbursement.

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

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

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.

The owner or person responsible for any property from which any leak or spill of hazardous material emanates.

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

§ 241-4 Period for payment.

Any responsible party, as set forth in § 241-3 hereof, shall reimburse the City of Englewood 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 City of Englewood.

§ 241-5 Violations and penalties.

Any responsible party, as set forth in § 241-3 hereof, who fails to reimburse the City of Englewood for reimbursable items within the time set forth in § 241-4 hereof, shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a period of not more than 90 days or both. Upon the failure to reimburse the City for the cost of such items within said forty-five-day period, and in addition to any penalty provided in § 241-5 hereof, the City may take such action, as may be provided by law, to recover such costs from the responsible party.

Article II Storage of Hazardous Materials

[Adopted 2-20-2018 by Ord. No. 18-01]

§ 241-6 Storage prohibited.

Except as permitted by the City of Englewood Code including this article and applicable state and federal laws and regulations, no person shall store, sell or dispose of flammable and/or hazardous materials in the City of Englewood.

§ 241-7 Exceptions.

Notwithstanding § 241-6 above, the storage of not more than 20 gallons shall be permitted provided it is incidental to the use and maintenance of property such as lawn mower fuels, or generator fuel, provided that the fuels are safely and securely stored in accordance with any and all federal and state laws and regulations, and are not sold or utilized for a commercial purpose except as otherwise permitted by state or federal law regulations, and the Code of the City of Englewood.

§ 241-8 Compliance with regulations.

All federal and state laws and regulations relating to the storage, handling and disposal of flammable and hazardous materials shall be complied with and are hereby incorporated by reference.

§ 241-9 Violations and penalties.

Any person or entity violating this article shall be subject to the following fines and penalties:

A fine of not less than $1,500 for the first violation;

A fine of not less than $2,000 for the second violation; and

A fine of not less than $2,500 for the third and subsequent violations.