[Ord. No. 1990 § 1;
1988 Code Part VI T.54 § 1]
The Fire Department is hereby authorized and directed to clean
up and remove any discharge of hazardous substances which occurs within
the City of Summit, and when authorized by agreement between the City
of Summit and any other governing body or as directed by the Director
of the Fire Department, to clean up and remove discharges of hazardous
substances outside of the boundaries of the City.
[Ord. No. 1990 § 2;
1988 Code Part VI T.54 § 2]
As used in this section:
Shall mean all costs associated with a discharge of hazardous
substances incurred by the City of Summit or its authorized agents
(1) in the removal or attempted removal of hazardous substances or
(2) in the taking of reasonable measures to prevent or mitigate damage
to public health, safety, or welfare, including but not limited to
public and private property, surface waters, subsurface waters, water
columns and bottom sediments, soils and other affected property, including
wildlife and other natural resources.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into the waters, onto
the lands, or into the air, which may or does cause damage or result
in damage to the lands, waters, air, or natural resources.
Shall mean such elements and compounds, including petroleum
products, which are defined as such by the Department of Environmental
Protection of the State of New Jersey, or as are defined in N.F.P.A.
Guide of Hazardous Materials, or as are set forth in the list of hazardous
substances adopted by the Federal Environmental Protection Agency,
or as are defined on the list of toxic pollutants designated by Congress
or the Environmental Protection Agency, provided however, that sewage
and sewage sludge shall not be considered as hazardous substances
for the purpose of this section.
Shall mean public or private corporations, companies, associations,
societies, firms, partnerships, joint stock companies, individuals,
or any other entity.
Shall mean oil or petroleum of any kind and in any form including
but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil refuse, oil mixed with other wastes, crude oils and substantives
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
[Ord. No. 1990 § 3;
1988 Code Part VI T.54 § 3]
Any person who causes by act or omission, or is otherwise responsible
for the discharge of hazardous substances which requires clean up
or abatement by the Fire Department shall be liable for the payment
of all costs incurred by the Fire Department as a result of such clean
up or abatement activity. The owner of real or personal property from
which a discharge of hazardous substances occurs is responsible for
the cost of clean up or abatement. The remedy provided by this section
shall be in addition to any other remedies provided by law.
[Ord. No. 1990 § 4;
1988 Code Part VI T.54 § 4]
For the purposes of this section, costs incurred by the Fire
Department shall include but shall not necessarily be limited to the
following: actual labor costs of Fire Department personnel including
workers' compensation benefits, fringe benefits, administrative
overhead; cost of equipment operation; cost of materials; and the
cost of any outside contract for labor and materials.
[Ord. No. 1990 § 5;
1988 Code Part VI T.54 § 5]
The cost of materials to be reimbursed to the Fire Department
shall include without limitation, fire fighting foam, chemical extinguishing
agents, absorbent material, sand recovery drums, and specialized protective
equipment including acid suits, acid gloves, goggles and protective
clothing.
