[Ord. No. 94:09 § I]
This section shall be known as the "Hazardous Cleanup Cost Recovery
Ordinance".
[Ord. No. 94:09 § II]
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 any waters which
flow within the jurisdiction of this Borough, any land within the
jurisdiction of this Borough or into the air within the jurisdiction
of this Borough.
Shall mean any items used to extinguish or prevent any 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 protective
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 New Milford or its employees,
agents, officers and/or officials.
Shall mean any material, solid, liquid or gas, listed as
such under the N.F.P.A. Guide of Hazardous Materials, the Department
of Transportation 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 Act Amendment of
1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et
seq.), and the list of toxic pollutants designated by Congress or
the EPA, pursuant to Section 307 of the Federal Water Pollution Control
Act.
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 materials, whether
or not said container was manufactured for the containment of a hazardous
material.
[Ord. No. 94:09 § III]
a.
The discharge of hazardous substances is prohibited. This section
shall not apply to the 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 becomes
aware of a discharge which occurred after the effective date of this
section, shall immediately notify the Borough of New Milford Fire
Department and the Bergen County Emergency Management Office.
c.
Whenever any hazardous materials are 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 material or is in any way
responsible for any hazardous material which has been or shall be
removed by the Borough, shall be strictly liable, jointly and severally,
without regard to fault, for all clean up and removal costs.
[Ord. No. 94:19 § IV]
a.
Reimbursement to the Borough of expendable items used shall be made
by the owner or operator of the vehicle responsible for the fire,
leak or spill of hazardous material; 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; the owner
or person responsible for any property from which any leak or spill
of hazardous material emanates, whether accidental or through negligence
and the person responsible for the fire, leak or spill of hazardous
material on public or private property, whether accidental or through
negligence.
b.
If the responsible party is not the owner of real property involving
the hazardous material or if the Borough chooses not to place a lien
on the property, then the Borough shall have the option to request
the Borough attorney to commence legal actions to collect the reimbursement
for these expenses.
[Ord. No. 94:19 § V]
Any person responsible for any fire, leak, spill or release
involving a hazardous material must provide reimbursement for 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 on-scene supervisor of the Bergen County Hazardous Materials
Unit and until such time as arrangements have been made to reimburse
the County and the towing company for their expenditures under the
terms of this section.
[Ord. No. 94:19 § VI]
The person or entity responsible for any fire, leak or spill
of hazardous material shall reimburse the Borough the full price of
expendable items used to extinguish such fire, or to stop or contain
such leak, or to control such spill, within 45 days after receipt
of a bill therefor.
[Ord. No. 94:19 § VII]
a.
The responsible party shall reimburse the Borough as provided. Should
the responsible party be the owner of real property on which the hazardous
material involved was located, from or to which the hazardous material
was being transported or from which it emanated, failure to reimburse
as required shall entitle the Borough to access the costs due as reimbursement
in accordance with this ordinance, as taxes against said real property.
Said taxes shall be due and payable with the next installment of real
property taxes; the costs so levied as real property tax shall, if
not paid as required, become a tax lien as provided by statute and
these ordinances.
b.
The Borough shall have the option to enforce the collection of these
costs through a civil action. This action may occur when a lien on
the property is not available as a means for the collection or when
in the opinion of the Mayor and Council such lien will not be an effective
method to collect these costs.
c.
Upon request by the organization of the Borough of New Milford responding
to the emergency caused by the discharge of a hazardous substance,
the Mayor and Council may request the Borough Attorney to bring a
civil action in a court of competent jurisdiction for recovery of
costs pursuant to this act against persons responsible for causing
or allowing the unauthorized discharge. Upon receiving such a request,
not less than 45 days before bringing a civil action for recovery
of those costs, the Borough Attorney shall mail written notice to
the responsible persons informing them that, unless the total certified
costs are paid within 45 days after the date of the mailing of the
notice, the Borough Attorney shall bring a civil action for that amount.
d.
The Borough Attorney is authorized, upon consultation and agreement
by the organization responding to the emergency caused by the discharge
of the hazardous material, to compromise and settle any claim for
costs permitted pursuant to this act in such amount at the discretion
of the organization as may appear appropriate and equitable under
all of the circumstances.
e.
Any recovery of costs shall be credited to the appropriate funds
of each organization from which the monies were expended in responding
to the emergency caused by the discharge of hazardous materials.
