Borough of Rockaway, NJ Hazardous Materials

This chapter provides for the reimbursement and the replacement of expended resources and nonreusable equipment maintained or procured by the Borough or its public safety agencies and used in the case of a release or threatened release of any hazardous materials.

This chapter entitles the Borough and/or the Borough's public safety agencies to reimbursement for the costs of replacing nonreusable equipment and expended resources utilized by the Borough or the Borough's public safety agencies or any of its agencies in stopping or containing any release of a hazardous material during an emergency response action.

§ 140-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EMERGENCY RESPONSE ACTION

All of the activities conducted by the Borough and/or the Borough's public safety agencies to clean up, remove, prevent, contain or mitigate a discharge of hazardous materials that poses an immediate threat to the environment or to the public health, safety or welfare of the citizens of the Borough, including any cleanup required by law.

EXPENDED RESOURCES

In general, those resources used by the Borough or its agencies that are reasonable, necessary and allocable to the emergency response action. "Expended resources" shall include, but are not limited to, the following:

Materials and supplies acquired, consumed or expended specifically for the purpose of the emergency response action.

Compensation of employees or independent contractors for the time and efforts developed specifically to the emergency response action.

Rental or leasing of equipment used specifically to the emergency response action (such as protective, scientific and technical equipment and clothing).

Replacement costs for equipment owned by the Borough, the Borough's public safety agencies or a mutual aid company or department, that is contaminated beyond reuse or repair, if the loss occurred during an emergency response action (such as self-contained breathing apparatus irreparably contaminated during response).

Decontamination of equipment and personnel contaminated during an emergency response action.

Special technical services specifically required for an emergency response action (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the Borough).

Other special services specifically required for the emergency action.

Laboratory costs of analyzing samples taken during the emergency response action.

Costs of cleanup, storage or disposal of the released material.

Costs associated with services and supplies procured in response to an evacuation resulting from a release.

Medical expenses incurred, including postexposure medical surveillance.

Legal expenses incurred as a result of the emergency response action, including efforts to recover expenses pursuant to this chapter.

HAZARDOUS MATERIAL

Any material, solid, liquid or gas classified or defined as a hazardous material by federal, state or local legislation or regulation.

RELEASE

Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into the waters outside the jurisdiction of the Borough, when damage may result to the lands, waters or natural resources within the jurisdiction of the Borough.

RESIDENTIAL PROPERTY

Any single-family dwelling or multifamily dwelling of three units or less.

THREATENED RELEASE

Any imminent or impending event potentially causing but not resulting in a release, but causing the Borough to undertake an emergency response action.

VEHICLE

Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.

VESSEL

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

§ 140-3 Parties responsible for reimbursement.

Reimbursement to the Borough or the Borough's public safety agencies for the costs of any expended resources shall be made by the following parties jointly and severally:

The owner or operator of any vehicle responsible for or contributing to any release or threatened release of hazardous materials.

The owner or person responsible for any vessel containing hazardous materials involved in or contributing to any release or threatened release on public or private property, whether stationary or in transit, whether accidental or through the negligence of the owner or person responsible for the vessel.

The owner or person responsible for any property, other than those exempted in this chapter, from which any release or threatened release of hazardous material emanate, whether accidental or through the negligence of intentional acts of the owner or person responsible for the property.

Any person responsible for or contributing to any release or threatened release of hazardous material on public or private property, whether accidental or through the negligence or intentional acts of the person responsible for contributing to the release or threatened release.

§ 140-4 Reimbursement for services of recovery company, towing company or technical assistance.

Any person or company responsible for or contributing to any release or threatened release of a hazardous material shall provide reimbursement directly to the Borough for services rendered by any recovery company or towing company or technical assistance required by the Borough to handle such incident.

§ 140-5 Period for payment.

Any person, owner or company responsible for or contributing to any release or threatened release of hazardous materials shall reimburse the Borough of Rockaway for the full cost of replacing any nonusable equipment or expended resources used in an emergency response action concerning any release or threatened release within 45 days after receipt of a bill for such items from the Borough of Rockaway.

§ 140-6 Violations and penalties; reimbursement of enforcement costs.

Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Borough of Rockaway within the time set forth in this chapter shall be subject to one or more of the following penalties or fines:

[Amended 8-24-2006 by Ord. No. 15-06]

(1)

Imprisonment for a term not to exceed 90 days.

(2)

A fine of not less than $100 nor more than $2,000.

(3)

Community service not exceeding 90 days.

If due to the responsible party's failure to reimburse the Borough of Rockaway and in addition to any penalties that may be imposed pursuant to Subsection A of this section, should the Borough seek to recover the costs of any nonusable equipment or expended resources used in an emergency response action concerning any release or threatened release, the responsible party shall reimburse the Borough for any reasonable costs incurred to enforce this chapter, including attorney's fees.

§ 140-7 Construal of provisions.

Nothing in this chapter shall be construed to conflict with state or federal laws requiring persons causing or responsible for any release or threatened release of a hazardous material to engage in remediation activities or pay the costs thereof, or both.

§ 140-8 Available remedial actions.

This chapter does not preclude or precede any other remedy that may be available to the Borough or the Borough's public safety agencies for reimbursement for expended resources as specified herein.

§ 140-9 Repealer.

All ordinances of the Borough of Rockaway which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.

§ 140-10 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.