[Ord. No. 96-633]
As used in this section:
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.
shall mean the Borough of South Belmar.
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.
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.
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.
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.
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.Â
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.Â
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.Â
Whenever any hazardous substance is discharged, the Borough may in
its discretion act to remove or arrange for the removal of such discharge.
d.Â
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.
