Borough of Hopatcong, NJ Article II Hazardous Materials Cleanup Costs

[Adopted 12-17-1992 by Ord. No. 34-92; amended in its entirety 11-2-2005 by Ord. No. 38-2005]

§ 108-2 Definitions.

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.

§ 108-3 Parties to be held responsible for reimbursement.

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.

§ 108-4 Reimbursement for services of recovery company, towing company or technical assistance.

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.

§ 108-5 Period for payment.

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.

§ 108-6 Violations and penalties.

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.