The intent of this chapter is to require an owner to bear the
cost of cleanup and disposal of a hazardous material spill occurring
on its property, thereby alleviating the Borough from the cost and
responsibility for the same.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEANUP AND REMOVAL ACTIVITIES
Actions to clean up or remove or attempt to clean up or remove
a discharge of a hazardous material or the source thereof, or to chemically neutralize the
discharge, or measures to prevent or mitigate any damages to the public
health, safety or welfare, including but not limited to public and
private property, shorelines, beaches, surface waters, water columns
and bottom sediments, soils and other affected property, including
wildlife and other nature resources.
CLEANUP AND REMOVAL COSTS
All costs associated with cleanup and removal activities
incurred by the state, the Borough of Bloomsbury or its agents or
any person with written approval of the Department of Environmental
Protection.
DISCHARGE
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous material into
the water adjacent to or onto the lands of the Borough or into waters
outside the jurisdiction of the Borough when damage may result to
the lands, waters or natural resources within the jurisdiction of
the Borough.
HAZARDOUS MATERIAL
A substance or material of petroleum, petroleum products,
pesticides, solvents and other hazardous materials as defined in N.J.A.C.
7:1E-1.7. Sewage and sewage sludge shall not be considered as hazardous
materials.
OWNER
Public or private corporations, companies, associations,
societies, firms, partnerships, and joint-stock companies, as well
as individuals, and when used to designate the owner of property which
may be subject to the provisions of this chapter, any agents lawfully
owning or possessing property. "Owner" shall include direct or indirect
beneficial ownership by the person asserted to have a controlling
interest and any of such person's affiliates of at least 50%
of the voting stock or other equity interest in the owner.
PERSON RESPONSIBLE FOR A DISCHARGE
Each owner or operator of any facility, vehicle or vessel
from which a discharge has occurred; any person who owns or controls
any hazardous material which is discharged; any person who has directly
or indirectly caused a discharge; any person who has allowed a discharge
to occur; or any person who brokers, generates or transports the hazardous
material discharge.