Borough of Lake Como, NJ
Monmouth County
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[Ord. No. 96-633]
As used in this section:
BOROUGH
shall mean and include the Borough of South Belmar's employees, agents, officers, officials and supporting units as directed by the Office of Emergency Management.
COLLECTING AGENCY
shall mean the Borough of South Belmar.
DISCHARGE
shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of this Borough or any land within the jurisdiction of this Borough.
EXPENDABLE ITEMS
shall mean any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, fire fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, and any protecting equipment and clothing to include, but not restricted to chemical protective suits, chemical protective gloves, goggles, and any other item owned or controlled by the Borough of South Belmar or South Belmar Fire Co. No. 1.
HAZARDOUS MATERIALS
shall mean any material, solid, liquid or gas, listed as such under the NFPA Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Amendment of 1972, as amended by the Clean Water Act of 1977, and the list of toxic pollutants designated by Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, any hospital or medical waste, including but not limited to, syringes, bandages, and discarded pharmaceutical products, and any material warranting removal or cleanup in the opinion of the South Belmar Office of Emergency Management.
VEHICLE
shall mean 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
shall mean any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material, whether or not the container was manufactured for the containment of hazardous materials.
[Ord. No. 96-633]
This section provides for the reimbursement of any and all equipment utilized by the Borough of South Belmar, for costs expended, without regard to ownership, for the purposes of mitigating, controlling or containing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses incurred by the Borough for the wages (regular and overtime) paid to its employees, agents, or servants as a result of an incident involving a hazardous material, fire, leak, release, or spill of a hazardous material and for the costs incurred by agents, servants and employees of the Borough.
This section also provides for a penalty for the violation of the section for either committing a spill or for failure to report same.
[Ord. No. 96-633]
a. 
The discharge of hazardous substances is prohibited. This subsection shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a Federal or State permit.
b. 
Any person who may be subject to liability for a discharge, or become aware of a discharge which occurred prior to or after the effective dates of this chapter shall immediately notify the Borough of South Belmar Police Department or the Borough Clerk.
c. 
Whenever any hazardous substance is discharged, the Borough may in its discretion act to remove or arrange for the removal of such discharge.
d. 
Any person who has discharged a hazardous substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance which has been or shall be removed by the Borough, shall be strictly liable jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Borough.
[Ord. No. 96-633]
Reimbursement to the Borough for expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak, or spill of hazardous material; by the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; by the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and by the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
[Ord. No. 96-633]
Any person causing any hazardous material fire, leak, spill or release involving a hazardous material must provide for the services rendered by any recovery company, towing company or any other technical assistance called for by the Borough to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and in cooperation with the Borough of South Belmar, and until such time as arrangements have been made to reimburse the Borough and the towing company for their expenditures under the terms of this section.
[Ord. No. 96-633]
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Borough the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill, within forty-five (45) days after the receipt of a bill therefor. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect the costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of same.
[Ord. No. 96-633]
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough within the time required, shall be subject to a fine of not less than fifty ($50.00) dollars or more than five hundred ($500.00) dollars per day, or by imprisonment for a period of not more than six (6) months, or both. The person or entity responsible for committing a spill, or who fails to report same, shall be liable for the same penalties as aforesaid stated.