As used in this article, the following terms
shall be defined as follows:
EXPENDABLE ITEMS
Any items used to extinguish any fire or to stop or contain
any leak or spill involving any hazardous substance 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 be
restricted to acid suits, acid gloves, goggles or protective clothing.
HAZARDOUS SUBSTANCE
Any material, as defined by the Spill Compensation and Control
Act, N.J.S.A. 58:10-23.11 et seq., and cooking oil, grease and septic
effluent.
VEHICLE
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment, vessels and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
The following parties are hereby declared to
be liable to reimburse the Borough of Hopatcong for any expendable
items used in the cleanup or emergency response to any incident involving
a hazardous substance:
A. The owner or operator of any vehicle responsible for
any fire, leak or spill of a hazardous substance.
B. The owner or person responsible for any vessel containing
hazardous substance which is involved in any fire, leak or spill on
public property, whether stationary or in transit, whether accidental,
through negligence or intentional.
C. The owner or person responsible for any property from
which any leak or spill of hazardous substance emanates, whether accidental,
intentional or through negligence.
D. Any person responsible for any fire, leak or spill
of hazardous substance on public or private property, whether accidental,
intentional or through negligence.
Any person or company responsible for any fire,
leak or spill involving a hazardous substance must provide reimbursement
for the cost of services rendered by any recovery company, towing
company or other technical assistance called for by the Fire Department,
Police Department or Emergency Management Coordinator to handle such
incident. Such reimbursement shall under all circumstances include
a minimum response fee of $250.
Any person, owner or company responsible for
any fire, leak or spill of hazardous substance shall reimburse the
Borough of Hopatcong for the full price of any expendable items used
to extinguish such a fire, to stop or contain such a leak or to control
such a spill within a period of 45 days after receipt of a bill for
such items from the Borough of Hopatcong.
Any person, owner or company responsible for
any fire, leak or spill of hazardous substance who fails to reimburse
the Borough of Hopatcong within the time set forth in this article
shall be subject to a fine of not less than $50 nor more than $100
per day or by imprisonment for a period of not more than six months,
or both.