[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
12-22-1993 as Ord. No. 1993:661. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, dumping, pouring, emitting, emptying or
dumping of a hazardous substance into the air or waters or onto the lands
of the state or into the air or waters outside the jurisdiction of the state
when damage may result to the lands, waters, air or natural resources within
the jurisdiction of the state.
Any items used to extinguish any fire or stop or contain any discharge
involving any hazardous substance which cannot be reused or cannot be replenished
without cost after that particular fire or discharge. These include, but are
not restricted to, fire-fighting foam, chemical extinguishing agents, absorbent
material, sand recovery drums and specialized protective equipment, including
but not limited to acid suits, acid gloves, goggles and protective clothing.
Any substance defined as such pursuant to the New Jersey Spill Compensation
and Control Act, P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b).
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold or contain
or carry or store any hazardous substance.
Any volunteer fire, ambulance, first aid, emergency or rescue company
or squad.
A.Â
This chapter provides for the reimbursement for or the
replacement of the specialized and sometimes nonreusable equipment required
by state and federal regulations to be made available in the borough in case
of fire or discharge involving any hazardous substance.
B.Â
This chapter provides for the reimbursement for or the
replacement of any and all equipment utilized by the Borough of Closter, without
regard to ownership, for the purpose of mitigating, controlling or containing
any incident in which a hazardous substance is involved in a fire or discharge
or where the potential thereof exists or for the prevention of the same.
C.Â
This chapter also provides for the reimbursement for
the expenses incurred by the Borough of Closter for the wages (regular or
overtime) paid to its employees, agents, servants or any entity that provides
technical assistance (i.e., recovery company or towing company) as a result
of an incident involving a hazardous substance, fire or discharge of a hazardous
substance and for the costs of medical and hospital treatment for injuries
incurred by agents, servants and employees of the Borough of Closter.
D.Â
This chapter entitles the Borough of Closter to reimbursement
for any expendable item used by the borough or any of its agencies in extinguishing
any fire or stopping, controlling, containing and mitigating any discharge
of a hazardous substance.
Any person who has discharged a hazardous substance or is in any way
responsible for the discharge of a hazardous substance shall be strictly liable,
jointly and severally, without regard to fault, to the Borough of Closter
or a volunteer organization for all costs associated with the replacement
of damaged or lost equipment, expendable items and vessels and all costs associated
with the investigation, cleanup, abatement and removal of the hazardous substance
and shall be liable for the wages (regular and overtime) paid and the costs
of medical and hospital treatment for injuries incurred by any agent, servant
or employee of the Borough of Closter or any member of a volunteer organization.
Any person causing any hazardous substance to be discharged must provide
reimbursement for services rendered by any recovery company, towing company
or any other technical assistance called for by the Borough of Closter 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 incident commander in conjunction and cooperation
with the Bergen County Hazardous Materials Unit and until such time as arrangements
have been made to reimburse all parties entitled to reimbursement under the
terms of this chapter for their expenditures.
A.Â
A volunteer organization of the Borough of Closter responding
to the emergency caused by the discharge of a hazardous substance shall keep
a detailed record of the costs attributable thereto and certify that record
to the governing body within which the discharge occurred.
B.Â
A volunteer organization of the Borough of Closter responding
to the discharge of a hazardous substance may request the Borough Attorney
to bring a civil action in a court of competent jurisdiction for recovery
of costs permitted pursuant to this chapter against the persons responsible
for causing or allowing the unauthorized discharge. Upon receiving such a
request, the Borough Attorney shall submit a written, itemized claim for the
total certified costs incurred by each volunteer organization to the responsible
persons with a written demand that those costs be paid not less than thirty
days (30) before bringing a civil action for recovery of those costs.
C.Â
A volunteer organization responding to the emergency
caused by the discharge of a hazardous substance may, in its discretion, settle
any claim for costs permitted pursuant to this chapter in such amount as may
appear appropriate and equitable under all of the circumstances.
D.Â
Any recovery of costs shall be credited to the appropriate
funds of each volunteer organization from which moneys were expended in responding
to the emergency caused by the discharge of a hazardous substance.
The person or entity responsible for any discharge of a hazardous substance
who or which fails to reimburse the borough within the time required shall
be subject to a fine of not less than fifty dollars ($50.) nor more than five
hundred dollars ($500.) per day or to imprisonment for a period of not more
than six (6) months, or both.
