[Editor's Note: See also Chapter II for Volunteer
Fire Department.]
[Ord. No. 02-02-04 § 52-7A]
As used in this section:
Shall mean any items used to extinguish any fire and/or stop
and/or control and/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 firefighting foam, chemical extinguishing agents, absorbent
material, sand, recover drums and specialized protective equipment
to include, but not be restricted to, flares, tape, barricades, acid
suits, acid gloves, goggles and protective clothing.
Shall mean 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/or the New Jersey
State Department of Environmental Protection.
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, bottle or
tank used to hold, contain, carry or store any hazardous material.
[Ord. No. 02-02-04 § 52-7B]
Costs incurred by the Borough and/or any of the fire companies of the Borough and/or the Bergen County Hazardous Materials Team and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in subsection 18-1.3 below.
a.
The cost of replacement of expendable items.
b.
The expenses incurred by the Borough for the wages (regular and/or
overtime) paid to its employees/agents as a result of a hazardous
material incident.
c.
Any and all medical costs incurred by responding personnel.
d.
Any and all environmental tests required to insure a hazardous-free
environment (soil-water-air).
e.
All expenses incurred by Bergen County Hazardous Materials Team and/or
other mutual aid responding units.
f.
Services rendered by any recovery company, towing company or other
technical assistance called for by the Fire Department to handle such
incidents.
[Ord. No. 02-02-04 § 52-7C]
a.
Reimbursement to the Borough for reimbursable items, as set forth
above, shall be made by the following parties:
1.
The owner or operator of any vehicle responsible for any fire, leak
or spill or hazardous material.
2.
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.
3.
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates.
4.
Any person responsible for any fire, leak or spill or hazardous material
on public or private property whether intentional or accidental.
b.
The word "person" shall include any individual, association, partnership
or corporation.
[Ord. No. 02-02-04 § 52-7D,
adopted 3/19/2004]
Any responsible party, as set forth in subsection 18-1.3 hereof, shall reimburse the Borough of Rockleigh and/or the Bergen County Hazardous Materials Team and/or any other mutual aid responding units 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 thirty (30) days after receipt of a bill for such items from the Borough. Billing is to include an administrative fee of twenty (20%) percent and such reasonable attorney's fee for collection if litigation is instituted.
[Ord. No. 02-02-04 § 52-7E;
New]
Any responsible party, as set forth in subsection 18-1.3 hereof, who fails to reimburse the Borough of Rockleigh for reimbursable items within the time limit set forth in subsection 18-1.4 hereof, shall be subject to a penalty as stated in Chapter I, Section 1-5. Upon the failure to reimburse the Borough of Rockleigh for the cost of such items within said thirty (30) day period, and in addition to any penalty provided for in this section, the Borough of Rockleigh may take such action, as may be provided by law, to recover such costs from the responsible party, as well as bring action in the Municipal Court of the Borough of Rockleigh for the penalties as set forth within.
