[HISTORY: Adopted by the Council of the Township of Montclair as
indicated in article histories. Amendments noted where applicable.]
[Adopted 1-26-1993 by Ord. No. 93-3
(Art. I of Ch. 120 of the 1979 Code)]
The purpose of this article is to provide for the registration and identification
of all premises upon which are located hazardous substances and chemicals
that have the potential of causing serious harm to the welfare and safety
of the residents of the Township of Montclair. A computerized information
emergency response management system is required to organize and immediately
access the data relative to hazardous substances and chemicals in order to
better provide for the public safety and the welfare of township residents.
Any person, firm, partnership or corporation required to file a SARA
Title III, § 311-312, Right-to-Know information form, as required
by Title III of the Emergency Planning and Community Right-to-Know Act of
1986, shall be made part of the computerized information emergency response
management system and shall be responsible for complying with the provisions
of this article.
Any person, firm, partnership or corporation to whom the provisions
of this article apply as set forth above shall pay to the Township an annual
registration fee of $30 on or before March 1 of each year. In addition, a
fee of $5 per page of SARA Title II, § 311-312 documentation, shall
be paid to the Township of Montclair. Any person, firm, partnership or corporation
who or which files after March 1 of each year will be required to pay an annual
registration fee of $60 and $10 per page of SARA Title III, § 311-312
documentation.
It shall be the duty of the Fire Department of the Township of Montclair
to enforce the provisions of this article, and the Chief of the Department
or his or her designee as enforcement officer shall be responsible for ensuring
compliance with the same.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
[Adopted 8-24-1993 by Ord. No. 93-30
(Art. II of Ch. 120 of the 1979 Code)]
As used in this article, the following terms shall have the meanings
indicated:
The Township of Montclair.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into any waters which flow within the jurisdiction
of the Township.
Any items used to extinguish or prevent any hazardous material fire
or stop or contain any leak, release or spill involving any hazardous material
which cannot be reused 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 and absorbent materials, sand, recovery
drums and any protective equipment and clothing to include but not restricted
to chemical protective suits, chemical protective gloves, goggles and any
other item owned or controlled by the Township of Montclair or 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 Guidebook, 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 Congress or 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.
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.
Any container, drum, box, cylinder or tank used to hold or contain
or carry or store any hazardous materials, whether or not said container was
manufactured for the containment of a hazardous material.
A.
This article provides for the reimbursement for or the
replacement of any and all equipment utilized by the Township of Montclair
for costs expended, without regard to ownership, for the purpose of mitigating,
controlling or containing any incident in which a hazardous material is involved
in a fire, leak, release or spill, or where the potential thereof exists,
or for the prevention of the same.
B.
This article also provides for the reimbursement for
the expenses incurred by the Township for wages, regular or overtime, paid
to its employees, agents or servants as a result of an incident involving
a hazardous material, fire, leak, release or spill of a hazardous material
and for costs of medical and hospital treatment for injuries incurred by agents,
servants and employees of the Township of Montclair.
C.
This article mandates reimbursement to the Township of
Montclair and for any expendable items used by the Township or any of its
employees, agents, servants, officers or officials in extinguishing any hazardous
material fire or stopping or containing or controlling or mitigating any spill,
release or leak of any hazardous material.
A.
The discharge of hazardous substances is prohibited.
This section shall not apply to the discharge of hazardous substances pursuant
to and in compliance with the conditions of a federal or state permit.
B.
Any person who may be subject to liability for a discharge
or becomes aware of a discharge which occurred prior to or after the effective
date of this article shall immediately notify the Township of Montclair Emergency
Management Coordinator.
C.
Whenever any hazardous substance is discharged, the Township
may, at its discretion, act to remove or arrange for the removal of such discharge.
D.
Any person who has discharged a hazardous substance or
is in any way responsible for any hazardous substance which has been or shall
be removed by the Township of Montclair shall be strictly liable, jointly
and severally, without regard to fault, for all cleanup and removal costs
and shall be liable for the wages, regular and overtime, paid and the costs
of medical and hospital treatment for injuries incurred by the agents, servants
and employees of the Township of Montclair.
Reimbursement to the Township of Montclair for expendable items used
shall be made by the owner or operator of the property or vehicle responsible
for the hazardous material fire, leak or spill of hazardous material; the
owner or person responsible for the vessel containing the hazardous material
involved in such fire, leak or spill on public or private property, whether
stationary or in transit and whether accidental or through negligence; the
owner or person responsible for any property from which any leak or spill
of hazardous material emanates, whether accidental or through negligence;
and the person responsible for the hazardous material fire, leak or spill
of hazardous material on public or private property, whether accidental or
through negligence.
Any person causing any hazardous material fire, leak, spill or release
involving a hazardous material must provide reimbursement for services rendered
by any recovery company, towing company or any other technical assistance
called for by the Township 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 Township of Montclair Hazardous Materials
Unit and until such time as arrangements have been made to reimburse the Township
and the towing company for their expenditures under the terms of this article.
The person or entity responsible for any fire, leak or spill of hazardous
materials shall reimburse the Township the full price of expendable items
and costs hereto used to extinguish such fire or to stop or contain such leak
or to control such spill within 45 days after receipt of a bill therefor.
The collecting agency shall utilize its best efforts to collect costs hereunder
and shall reimburse its agents or the local units of the amount collected.
In the event that the collecting agency is not able to collect said costs
or only a portion thereof, the collecting agency shall not be responsible
to its agents or the local units for the full amount of the same.
[Amended 5-23-2000 by Ord. No. 00-19]
The person or entity responsible for any fire, leak or spill of hazardous
material who fails to reimburse the Township within the time required shall
be subject to a fine of not less than $50 nor more than $1,000 per day for
each day that the bill from the Township remains unpaid or to imprisonment
for a period of not more than six months, or both. Each day of the violation
shall constitute a separate and distinct offense.
