[Ord. No. 7-94 § 3-17.1]
As used in this section:
- COSTS
- Shall mean and include, but not be limited to, the following: actual labor costs of Borough and/or Borough of Jamesburg Fire District No. 1 personnel, including worker's compensation benefits, fringe benefits, and administrative overhead; cost of equipment operation; cost of materials obtained directly by the Borough and/or Borough of Jamesburg Fire District No. 1; and cost of any contract labor and materials.
- EXPENDABLE ITEMS
- Shall mean any items used to extinguish any fire or stop 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 be restricted to, acid suits, acid gloves, goggles and protective clothing.
- HAZARDOUS MATERIAL
- Shall mean any material solid, liquid or gas listed as such under National Fire Protection Association Guide of Hazardous Materials of Department of Transportation Guide Book.
- VEHICLE
- Shall mean any motorized equipment, registered or unregistered, including but not limited to, passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
- VESSEL
- Shall mean any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.
[Ord. No. 7-94 § 3-17.2]
The purpose of this section is to hold persons who intentionally
or negligently cause the deposit of hazardous materials liable for
the payment of all costs incurred by the Borough or Borough of Jamesburg
Fire District No. 1.
[Ord. No. 7-94 § 3-17.3]
Any person who intentionally or negligently causes the deposit
of hazardous materials on to property located within the Borough shall
be liable for the payment of all costs incurred by Borough personnel,
Borough agents or Borough of Jamesburg Fire District No. 1 personnel
as a result of hazardous material clean-up or abatement activity.
[Ord. No. 7-94 § 3-17.4]
Reimbursement to the Borough and Borough of Jamesburg Fire District
No. 1 for any expendable items used 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
materials 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 any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
d.
Any person responsible for any fire, leak or spill of hazardous materials
on public or private property, whether accidental or through negligence.
[Ord. No. 7-94 § 3-17.5]
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement for service
rendered by any recovery company, towing company or other technical
assistance called for by Borough or Borough of Jamesburg Fire District
No. 1 personnel to handle such incident.
[Ord. No. 7-94 § 3-17.6]
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials shall reimburse the Borough or the
Borough of Jamesburg Fire District No. 1 for the full price of any
expendable items used to extinguish such a fire, stop or contain such
a leak or control such a spill within a period of 45 days after receipt
of a bill for such items from the Borough or the Borough of Jamesburg
Fire District No. 1.
[Ord. No. 7-94 § 3-17.7]
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials who fails to reimburse the Borough
or Borough of Jamesburg Fire District No. 1 within the time set forth
in this section shall be subject to a fine of not less than $50 nor
more than $500 per day or to imprisonment for a period of not more
than six months, or both.
