[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-1998 by Ord. No. 9816]
This article shall be known as "The City of Ventnor Hazardous Materials Clean Up Reimbursement Ordinance."
This article is adopted pursuant to N.J.S.A. 40:39A-29 to supplement the requirements of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., and the abatement of the Nuisance Act, N.J.S.A. 26:3-45 et seq.
As used in this article, the following terms shall have the meanings indicated:
- AGENT OF COUNTY
- Includes the Atlantic County Health Department, Atlantic County Regional
Hazardous Materials CBRNE Response Team, or the Atlantic City Fire Department
Hazardous Materials Unit when requested to respond under memorandum of agreement
and/or mutual aid agreement.[Amended 7-7-2005 by Ord. No. 2005-13]
- Agents of the City of Ventnor City include but not be limited to the employees or staff of the Ventnor City Office of Emergency Management, Ventnor City Fire Department responding to any spill, and any other partnership, corporation or other entity, whether or not a state, county, federal or municipal agency or private concern, that the City of Ventnor City uses in any way to aid in the control and cleanup of the spillage or discharges of hazardous materials.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, empty or dumping of hazardous substances onto the lands within the City of Ventnor City's jurisdiction and/or into the jurisdiction of the City of Ventnor.
- EXPENDABLE ITEMS
- Any items used to extinguish or prevent a fire or stop or contain a leak, release or spill, involving any clothing, structures or in decontamination of equipment or vehicle, which cannot be replenished without cost after a particular incident. These items include but are not limited to fire-fighting foam, chemical extinguishing agents, sand, absorbent materials, recovery drums and any protective equipment and clothing to include but not limited to chemical protective suits, chemical protective gloves, goggles and any other items owned or controlled by the City of Ventnor City or its employees, agents, officers and or officials. It is expressly provided that this provision will apply only to the extent necessary to deal with hazardous materials.
- HAZARDOUS MATERIALS
- Any materials, solid, liquid or gas listed as such under the National Fire Protection Association (NFPA) Guide to Hazardous Materials, the Department of Transportation Emergency Response Guidebook, the list of hazardous substances adopted by the Federal Department of Environmental Protection Agency, pursuant to Section 311 of the Federal Water Pollution Control Act, Amendment 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 Environmental Protection Agency pursuant to Section 307 of the Federal Water Pollution and Control Act.
- NONEXPENDABLE ITEMS
- This article shall provide for the reimbursement of expenses incurred for the repair and for replacement of nonexpendable items used during fire extinguishment, or prevention of any fire, or to stop or contain any leak, release or spill involving a hazardous material which prevents the item(s) from being reused after the incident. These items shall include but not be limited to fire apparatus, and other vehicles, equipment and appliances.
- Any motorized equipment, registered or unregistered, including but not limited to a barge and airplane or other type of aircraft.
- A container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous materials.
This article provides for the reimbursement for or replacement of any and all equipment utilized by the Ventnor City Fire Department or its agents, without regard to ownership, for the purpose of mitigating, controlling or containing any incident in which a hazardous material is involved in fire, leak, release or spill where the potential thereof exists, or for the prevention of same.
This article also provides for the reimbursement for the expenses incurred by the Ventnor City Fire Department or any other Ventnor City department for the overtime wages paid to its employees, agents, officers, officials or servants as a result of an incident involving a fire, leak, release or spill of hazardous materials.
This article mandates reimbursement to the City of Ventnor City for any and all expendable items used by the Ventnor City Fire Department or Office of Emergency Management or any of its employees, agents, officials or officers in extinguishing of any fire, stopping, containing, controlling or mitigating any spill, releases or leak of any hazardous material.
The discharge of hazardous substances is prohibited. This section shall not apply to the discharge of hazardous substances granted pursuant to and in compliance with the conditions of a state or federal permit.
Any person who may be subject to liability for the discharge which occurred prior to or after the effective date of this article shall immediately notify the Ventnor City Office of Emergency Management.
Whenever any hazardous substance is discharged, the Atlantic County Health Department or the New Jersey Department of Environmental Protection may, in its discretion, act to remove or arrange for the removal of such discharge. However, the City will take all reasonable steps to contact the potential responsible persons to arrange for the removal of such discharge. This requirement shall not prevent the City, in its discretion, in emergency circumstances, to take all appropriate actions for the protection of the public pursuant to this article, and the City shall notify the potential responsible persons as soon as practicable.
Any person who has discharged a hazardous substance or in any way is responsible for any hazardous substances which has been or shall have been or will be removed by the City or its agents shall be strictly liable, jointly and severally, without regard to fault for all central cleanup and removal costs.
[Amended 7-7-2005 by Ord. No. 2005-13]
The Ventnor City Fire Department or Ventnor City Office of Emergency Management and its authorized agents shall have the right of entry and inspection into any fixed facility within the jurisdiction for the express purpose of inspection and investigation of the use of hazardous materials or chemicals on site. These fixed facilities shall include but not be limited to those that may store, use, produce, or manufacture hazardous materials or chemicals as identified under the regulations of the State of New Jersey, Federal OSHA (29 CFR 1910:120), EPA (40 CFR Part 300) or DOT (49 CFR Part 179) standards.
Prior to entry, the Ventnor City Fire Department officer or Ventnor City Emergency Management Coordinator or authorized agent shall identify themselves, state the nature of the inspection and demand entry pursuant to this article.
Reimbursement to the City of Ventnor City or its agents for expendable items shall be made by the owner or operator of the vehicle responsible for the fire, leak or spill of a hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in a 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 fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person responsible for the fire, leak or spill or the release of a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any technical assistance in such incidents. In the event of a vehicle having been responsible for an incident, such vehicle may be impounded until such time as it has been deemed to proceed by the on-scene incident commander of the Ventnor City Fire Department and until such time as arrangements have been made to reimburse the City of Ventnor City and the towing company for their expenditures under the terms or this article.
The person or entity responsible for any fire, leak or spill of a hazardous material shall reimburse the City of Ventnor City or its agents the full price of the expendable items used to extinguish such fire or stop or contain such leak or spill, within 30 days after receipt of a bill therefor from the City of Ventnor City.
The person or entity responsible for any fire, leak or spill of a hazardous material who fails to reimburse the City of Ventnor City or its agents within the time required shall be subject to a fine of not less than $50 or more than $1,000 per day for each day the violations continue in addition to reimbursement of the claimed due. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.