[HISTORY: Adopted by the Borough Council of the Borough of Alpine
as § 6-14 (Ord. No. 452) of the 1970 Revised General Ordinances.
Amendments noted where applicable.]
The following terms shall have the meanings set forth:
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, dumping, pouring, emitting, emptying or
dumping of 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 leak
or spill involving any hazardous material, which cannot be reused or cannot
be replenished without cost after that particular fire, leak or spill. These
include, but are not restricted to, fire-fighting foam, chemical extinguishing
agents, absorbent material, sand recovery drums and specialized protective
equipment to include, but not restricted to, acid suits, acid gloves, goggles
and protective clothing.
A substance defined as such in Section 3 of the "Spill Compensation
and Control Act," 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, contain,
carry or store any hazardous material.
A duly incorporated volunteer fire, ambulance, first aid, emergency
or rescue company or squad.
A.
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, leakage or spillage involving any hazardous material.
B.
This chapter provides for the reimbursement for, or the
replacement of, any and all equipment utilized by the borough 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, where the potential thereof exists, or for the prevention
of same.
C.
This chapter also provides for the reimbursement for
the expenses incurred by the borough for the 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 the costs of medical and hospital treatment for injuries incurred
by agents, servants and employees of the borough.
D.
This chapter entitles the borough to reimbursement for
any expendable item used by the borough, or any of its agencies, in extinguishing
any fire, stopping or containing any leak or controlling any spill of hazardous
materials.
The discharge of hazardous substances is prohibited. This chapter shall
not apply to discharge of hazardous substances pursuant to and in compliance
with the conditions of a federal or state permit. Whenever any hazardous substance
is discharged, the borough may, in its discretion, act to remove or arrange
for the removal of such discharge. Any person who has discharged a hazardous
substance or in any way is responsible for any hazardous substance which has
been or shall be removed by the borough 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 borough.
Any person responsible for causing or allowing an unauthorized discharge
of a hazardous substance that requires emergency action by a unit or volunteer
organization of the borough in order to protect the public health, safety
or welfare, or the environment, is liable jointly and severally to each such
unit or organization for the necessary and reasonable additional or extraordinary
costs incurred in investigating, mitigating, minimizing, removing and abating
the discharge.
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 borough 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 declared 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 the
borough and the towing company for their expenditures under the terms of this
chapter.
A.
Record of costs. A volunteer organization of the borough
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 Mayor and Council.
B.
Collection by Borough Attorney. A volunteer organization
of the borough responding to the emergency caused by the discharge of a hazardous
substance may require 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. Before bringing a civil action for recovery of those costs, the Borough
Attorney shall mail written notice to the responsible persons informing them
that, unless the total certified costs are paid within 30 days after the date
of mailing of the notice, the Borough Attorney shall bring a civil action
for that amount.
C.
Considerations in determining amount. In making determination of the amount required to be reimbursed pursuant to this chapter, the status of a person liable pursuant to § 131-4 as a taxpayer to the borough may be taken into consideration.
D.
Compromise of claim. A volunteer organization responding
to the emergency caused by the discharge of a hazardous substance may compromise
and settle any claim for costs permitted pursuant to this chapter in such
amount in the discretion of the unit or organization as may appear appropriate
and equitable under all of the circumstances.
E.
Crediting of sums recovered. 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 fire, leak or spill of hazardous
material who fails to reimburse the borough within the time required shall
be subject to a fine of not less than $50 or more that $500 per day, or by
imprisonment for a period of not more than six months, or both.
