[HISTORY: Adopted by the City Council of the City of Long Branch 11-28-1995
by Ord. No. 43-95. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A calculation of reimbursement costs for items, plus any and all
wages paid, plus an hourly rate for use of any and all equipment, plus any
and all administrative costs.
Spilling, leaking, flowing or running of substances into the environment,
without regard to cause, and shall include causes that are man-made, natural,
accidental, unavoidable or from any cause whatsoever.
The air, ground and waters in and adjoining the City of Long Branch.
Any items used to stop or contain any discharge involving any hazardous
material which cannot be used again 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 and
nonabsorbent materials, brooms, pads, pillows, rope, sand, recovery drums
and any protective equipment and clothing, including but not restricted to
chemical protective suits, chemical protective gloves, goggles and any other
item owned or controlled by the City of Long Branch, its employees, agents,
officers and/or officials.
Any material, solid, liquid or gas, listed as such under the National
Fire Protection Association 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 the Congress of the EPA, pursuant to Section 307 of the Federal
Water Pollution Control Act, and any hospital or medical waste, including
but not limited to syringes, bandages and discarded pharmaceutical products
or any substance on the New Jersey Hazardous Substance List.
A.
It shall be unlawful for any person to permit or be responsible
for the emission of any substance into the environment of the City of Long
Branch.
B.
It shall be unlawful for any person to fail to pay compensation
to the City of Long Branch within 30 days following his receipt of a bill
for compensation pursuant to this chapter.
Whenever the City of Long Branch through the offices of the Health Officer,
Director of Police, Fire Chief(s), Fire Prevention Bureau, Mayor and/or Administrator
identifies an emission into the environment of the City of Long Branch of
any substance in such a manner so that, in the professional opinion of the
above, immediate cleanup and/or mitigation is required, the above shall order,
which order may be verbal, the responsible person to take immediate action
to abate the emission. Should the responsible person not be available, or
for whatever reason not take action as in the professional opinion of the
above agents of the City of Long Branch, then the agent of the City of Long
Branch may, at his discretion, engage City of Long Branch Personnel and/or
supplies and/or equipment and/or expendable items and/or contract in the name
of the City of Long Branch qualified private entities to take action to immediately
abate and/or clean up and/or mitigate the emission. The responsible person
should then be billed by the City of Long Branch for all costs incurred in
this action in response to the emission.
From and after the effective date of this chapter, any person, corporation,
partnership or other legal entity shall be required to reimburse the City
of Long Branch for any violation of the sections of this chapter.
This chapter shall apply to any hazardous spill that is the result of
any traffic accident arising in the City of Long Branch or any hazardous spill
arising from the discharge of hazardous materials from any automobile or equipment
on the streets of the City of Long Branch or any public property or the air
or waters continguous to the City of Long Branch from any source.
In the event that the Long Branch Police Department or Fire Department
or any Health Officer or Construction Code Official of the City of Long Branch
is called out to abate a spill or shall be asked to investigate any traffic
accident or is called upon to investigate any condition on the city streets
or sees any of the conditions set forth in this chapter, the appropriate officer
shall make an investigation of the scene to determine whether hazardous materials
have been spilled onto the roadways of the City of Long Branch or other public
or private property or water in the city or the air or waters continguous
to the City of Long Branch.
A.
After an investigation, the appropriate officer as set
forth in the preceding section shall be authorized to issue a summons to the
owner and/or operator of any such vehicle or agent or responsible person of
any instrumentality which discharges hazardous substances onto the streets
or other public or private property or air or water in the City of Long Branch.
Said summons will be returnable in the Municipal Court of the City of Long
Branch and, upon conviction of any offense, the offender, owner and/or driver
of said vehicle or agent or responsible person of the instrumentality of such
discharge shall be subject to the following penalties
[Amended 10-27-1998 by Ord. No. 36-98].
B.
For a conviction under this subsection, penalties shall
be as follows:
[Amended 10-27-1998 by Ord. No. 36-98; 1-27-2004
by Ord. No. 1-04]
(1)
The Municipal Court shall impose a fine in an amount
not to exceed $1,000.
(2)
The defendant shall be required, as an additional penalty
of the Municipal Court, to repay to the City of Long Branch the cost of cleanup
of the hazardous spill, which shall include the cost of the product necessary
to be used on the roadway and/or streets of the City of Long Branch and for
any cost of manpower and equipment used by the Public Works Department or
Fire Department of the City of Long Branch or any agents, representatives,
contractors or otherwise hired by the City of Long Branch to clean up said
hazardous spill. The City of Long Branch is further authorized to apply to
any appropriate judicial body, including the Superior Court of New Jersey,
for reimbursement for the full cost of cleanup of the hazardous spill that
is incurred by the City of Long Branch. Such funds shall be returned to the
line item used to purchase the materials used.
C.
It shall be the responsibility of the City of Long Branch
to present to the presiding Judge of the Municipal Court a list of the expenses
incurred, limited to the cost of the product necessitated for the cleanup,
any overtime as paid to any City employee and the cost of any equipment used
by the City of Long Branch necessitated in said cleanup. The City of Long
Branch is further authorized to present to the appropriate judicial body,
including the Superior Court of New Jersey, whether by complaint or other
application, a list of the expenses incurred, and take whatever steps necessary
for application for reimbursement.
[Amended 1-27-2004 by Ord. No. 1-04]
