[Ord. No. 2008-11 § I]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the Township of Holmdel.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or pumping of hazardous substances into any waters which
flow within the jurisdiction of the Township or any land within the
jurisdiction of this Township or into the waters or land outside the
jurisdiction of the Township when damage may result to the people,
lands, waters, or natural resources within the jurisdiction of the
Township.
Shall mean any items used to extinguish or prevent any hazardous
material or fire or stop or contain any leak, release or spill involving
any hazardous material which cannot be reused or replenished without
cost after that particular incident. These expendable items include,
but are not limited to, firefighting foam, chemical extinguishing
agents, absorbent materials, sand, recovery drums, and any protective
equipment and clothing, to include but not be restricted to chemical
protective suits, gloves, boots, goggles and any other item owned
or controlled by the Township of Holmdel or owned or controlled by
any volunteer organization or other municipal organizations rendering
assistance.
Shall mean any material, solid, liquid or gas, listed as
a hazardous substance or material, including but not necessarily limited
to the NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, the list of hazardous substances and toxic pollutants
designated by the Federal Environmental Protection Agency (EPA) and
the New Jersey Department of Environmental Protection 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, and 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 Holmdel Township Office of
Emergency Management.
Shall mean and include the Township of Holmdel's employees,
agents, officers, officials and supporting units as directed by the
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, bottle or
tank used to hold, contain, carry or store any hazardous materials,
whether or not said container was manufactured for the containment
of hazardous material.
Shall mean any duly incorporated volunteer fire, ambulance,
first aid, emergency or rescue company or squad.
[Ord. No. 2008-11 § I]
a.
This section provides for the reimbursement for the expenses incurred
by the Township of Holmdel, any and all volunteer organizations, as
defined above, and all persons rendering both volunteer and non-volunteer
services from other local municipalities for the use of their vehicles,
expendable items and equipment and for the wages (both regular and
overtime) paid to their employees, agents, servants, and those persons
from local municipalities who render non-volunteer services as a result
of an incident involving a hazardous material fire or leak, release
or spill of a hazardous material and for the costs of medical and
hospital treatment for injuries incurred by agents, servants, and
employees of the Township of Holmdel as well as those persons who
render voluntary service as part of a volunteer organization and/or
non-voluntary service for the Township of Holmdel as a result of the
incident.
b.
Any person causing any hazardous material fire or leak, spill or
release involving a hazardous material must reimburse the Township
for the aforementioned services at the rate of $100 per hour for the
use of a lighting truck; $75 per hour for the use of any other vehicle
or equipment: $25 per hour for each hour of time rendered by a member
of a volunteer organization as defined above; for expendable items
at the rate of 100% of the current cost; 100% of the regular or overtime
wages, whichever is applicable, plus fringe benefits; and 100% of
the regular or overtime wages, whichever is applicable.
[Ord. No. 2008-11 § 1]
a.
The discharge of hazardous substances is prohibited within the Township.
This section 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 who
becomes aware of a discharge which occurred prior to or after the
effective date of this section[1] shall immediately notify the Township of Holmdel Office
of Emergency Management during normal business hours or through the
Holmdel Township Police Department after business hours.
c.
Whenever any hazardous substance is discharged, the Township 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 Township shall
be strictly liable, jointly and severally, without regard to fault,
for all cleanup and removal costs and shall be liable for the costs
associated with the use of Township or volunteer organization vehicles,
expendable items and equipment and for the wages (regular and overtime)
paid to Township employees, agents, and servants and those persons
from local municipalities who render non-volunteer services as a result
of an incident involving a hazardous material fire or leak, release
or spill of a hazardous material and for the costs of medical and
hospital treatment for injuries incurred by agents, servants and employees
of the Township of Holmdel as well as those persons who render voluntary
service as part of a volunteer organization and/or those persons who
render non-voluntary service for the Township of Holmdel as a result
of the incident.
[Ord. No. 2008-11 § 1]
Reimbursement to the Township for expendable items used shall
be made by the owner or operator of the vehicle responsible for any
hazardous material fire or 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 any person responsible for any
hazardous material fire, leak or spill or hazardous material on public
or private property, whether accidental or through negligence.
[Ord. No. 2008-11 § 1]
Any person causing any fire or 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 Township 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 cooperation with the
Township of Holmdel and until such time as law enforcement officials
determine that such evidence may be released.
[Ord. No. 2008-11 § 1]
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Township 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 15 days
after 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 for amounts collected. In the event that
the collecting agency is not able to collect said 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 the same.
[Ord. No. 2008-11 § 1]
The person or entity found to have violated this chapter by being responsible for any fire, leak or spill of hazardous material shall be subject to one or more of the following: (a) a fine of not less than $2,500 nor more than $10,000; or (b) to imprisonment for a period of not more than 90 days; or (c) a period of community service not exceeding 90 days. The person or entity responsible for committing a spill, or who or which fails to report the same, will be liable for the same penalties as set forth above. The violation of any provision of this chapter, other than that described above, shall carry penalties as set forth in Section 1-5 of this code.
[Ord. No. 2008-11 § 11]
The Township through its Chief Financial Officer, shall arrange for the management of the funds received as reimbursement pursuant to subsection 15-1.5. To the extent possible, those funds shall be used to replace materials used in and to otherwise reimburse the Township for clean up expenses.
