[HISTORY: Adopted by the Township Council of the Township of Readington as indicated in article histories. Amendments noted where applicable.]
Article I Cleanup or Abatement
[Adopted 12-1-2008 by Ord. No. 33-2008]
As used in this article, the following words and phrases shall have the following meanings:
- CLEAN UP AND REMOVAL COSTS
- All costs incurred by the Township or a volunteer emergency services company in:
- A. The removal or attempted removal of any hazardous substance; or
- B. The taking of reasonable measures to prevent or mitigate damage to public health, safety, or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
- All costs incurred by the Township or a volunteer emergency
services company, as may be applicable, including but not limited
to the following: actual labor costs of Township-paid personnel, including
worker’s compensation benefits, fringe benefits and administrative
overhead; cost of equipment operation, cost of materials; and the
cost of any outside contract for labor and materials. A schedule of
costs and fees shall be established by resolution of the Township
Committee and amended from time to time.[Amended 3-15-2010 by Ord. No. 07-2010]
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land or into the air.
- HAZARDOUS SUBSTANCE
- Any and all elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey or as are defined in the N.F.P.A. Guide of Hazardous Materials, or as set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency. This definition shall also include substances that the Emergency Management Coordinator has reason to believe may be hazardous substances.
- LEVEL ONE FIRST RESPONDER AWARENESS
- That training level achieved for those personnel who will initiate an emergency response by notifying the proper authorities, but take no further action, as more particularly set forth in the U.S. Code of Federal Regulations at 29 CFR 1910.120, as enforced by OSHA and/or PEOSHA.
- LEVEL ONE FIRST RESPONDER OPERATIONAL
- That training level achieved for those personnel who respond on site to hazardous materials releases, or potential releases, and includes the ability to take necessary defensive actions to protect people, property and the environment from the effects of such a release, as more particularly set forth in the U.S. Code of Federal Regulations at 29 CFR 1910.120, etc., as enforced by OSHA and/or PEOSHA.
- All materials, including but not limited to fire-fighting foam, chemical extinguishing agents, absorbent materials, sand recovery drums, and specialized protective equipment such as acid suits, acid gloves, goggles and protective clothing.
- Any public or private corporation, company, association, society, firm, partnership, limited-liability company, joint stock company, individual or other entity.
- PETROLEUM PRODUCT
- Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substances or additives utilized in the refining or blending of crude or other stock.
The Township and volunteer emergency services companies in the Township are hereby authorized to clean up and remove any discharge of hazardous substances (but not to exceed "level one first responder awareness" and "level one first responder operational") which occurs within the Township, or outside the boundaries of the Township, when authorized by agreement between the Township and any other governing body.
Any person who causes, by act or omission, or is otherwise responsible for a discharge of any hazardous substance which is cleaned up or abated by the Township or a volunteer emergency services company, including the owner of nonresidential real or business personal property from which a discharge of hazardous substances occurs, shall be liable for the payment of all costs and fees incurred by the Township and the volunteer emergency services company as a result of such cleanup or abatement in accordance with the then current schedule of fees as set forth by resolution of the Township Committee, as may be amended from time to time. The remedy provided by this section shall be in addition to any other remedies provided by law.
Owners of residential real or nonbusiness personal property shall not be required to pay for the cleanup abatement reimbursements required under this article.