Borough of Wenonah, NJ Chapter 28 Hazardous Materials

[HISTORY: Adopted by the Mayor and Council of Borough of Wenonah 3-26-1998 by Ord. No. 98-8. Amendments noted where applicable.]

BE IT ORDAINED, by the Mayor and Council of the Borough of Wenonah, in the County of Gloucester and State of New Jersey, and it is hereby enacted and ordained by the authority of same as follows:

§ 28-1 Purpose.

The purpose of this chapter shall be to regulate hazardous materials within the Borough of Wenonah and to provide conditions and restrictions thereon.

§ 28-2 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section:

EXPENDABLE ITEMS

Any items used to extinguish any fire and/or stop or control 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 fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment to include but not restricted to acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIALS

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 National Fire Protection Association Guide to Hazardous Materials, the Department of Transportation Guide Book and the List of Hazardous Substances and Toxic Pollutants designed by the Federal Environmental Protection Agency and the New Jersey State Department of Environmental Protection.

VEHICLE

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.

VESSEL

Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous material.

§ 28-3 Reimbursable items.

Costs incurred by the Borough of Wenonah for the following items in connection with the suppression, control or clean up of fire, leakage or spillage involving any hazardous substance shall be reimbursed to the Borough of Wenonah by the responsible parties set forth in § 28-4 hereof. Such costs shall include, but not be limited to:

A. The cost of replacement of expendable items.

B. The expenses incurred by the Borough of Wenonah 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 ensure a hazard-free environment (soil, water and air).

E. A fixed hourly rate for the use of all apparatus (towing, fire, earth movers, etc.) at incidents computed at the rate of $100 for first hour and $50 for every additional hour for the use of such apparatus and for use of any other municipal or government vehicles.

F. All other services rendered by any recovery company, towing company or other technical assistance called for the Fire Department to handle such incident.

§ 28-4 Parties responsible for reimbursement.

Reimbursement to the Borough of Wenonah for any reimbursable items, as set forth above, shall be made by the following parties:

A. The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

B. 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.

C. The owner or person responsible for any property from which may be released or spilled such hazardous material.

D. Any person responsible for any fire, leak or spill of hazardous material on public or private property.

§ 28-5 Period for payment.

Any responsible party, as set forth in § 28-4 hereof, shall reimburse the Borough of Wenonah for the 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 45 days after receipt of a bill for such items from the Borough of Wenonah.

§ 28-6 Violations and penalties.

[Amended 2-25-1999 by Ord. No. 99-1]

A. Any responsible party, as set forth in § 28-4 hereof, violating this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the Borough for the detention of prisoners, for any term not exceeding 90 days; by a period of community service not exceeding 90 days; by a fine of not less than $100 or more than $1,000, at the discretion of the Judge.

B. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the original violation of this chapter.

§ 28-7 Attorney's fees and other costs.

In addition to the above, the person responsible shall be liable for all reasonable attorney's fees and costs incurred in connection with cleanup and removal costs and all costs associated with the collection of costs for unpaid reimbursable items.

§ 28-8 When effective.

This chapter shall take effect immediately upon passage and due publication according to law.