[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 6-27-1988 (Ch. 61 of the 1974 Code). Amendments noted where applicable.]
In consequence of the increasing threat to the public and the environment due to the discharge of hazardous substances, the Borough is and may be required to incur expenses in the cleanup and removal of such substances. It is the opinion of the Mayor and Council of the Borough that expenses incurred for extraordinary measures required in the cleanup and removal of such substances is not a service contemplated with the tax assessments. As such, extraordinary safety measures are required for the protection of the health and welfare of the Borough residents. The costs of such action should be borne by the party responsible for the discharge of hazardous substances. This chapter is designed to recover the costs of the Fire Department and other safety personnel and the use of equipment employed in dealing with the discharge of hazardous substances.
As used in this chapter, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Borough of Westville, which shall include labor and material for the removal of hazardous substances or taking of reasonable measures to prevent or mitigate damages to the public health, safety or welfare of the residents of the Borough of Westville, including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dump or disposal of hazardous substances into the waters or lands within the Borough of Westville or outside the Borough when damage may result to the waters or lands inside the Borough.
- HAZARDOUS SUBSTANCES
- All elements and compounds, including petroleum products, as set forth within N.J.S.A. 58:10-23.11b, as amended.
- Any individual, public or private corporation, company, association, society, firm, partnership or joint-stock company.
Any person who shall discharge hazardous substances within the Borough of Westville shall be strictly liable for all cleanup and removal costs incurred by the Borough of Westville or agencies and employees thereof.
Upon assessment of cleanup and removal costs, the person assessed may, within 10 days of receipt of such assessment, make a written request for a hearing before the Borough Council exclusively upon the reasonableness of the amount assessed.
In addition to the above, the person responsible shall be liable for all reasonable attorneys' fees and costs incurred in the collection of cleanup and removal costs.