[Adopted 10-15-2013 by Ord. No. 13-18]
This chapter provides for the reimbursement to the Borough of
any and all costs expended in connection with the remediation of a
discharge of hazardous substances, as those terms are defined by state
environmental laws and regulations, including petroleum and petroleum-based
products. The provisions of this chapter shall not be construed to
apply to any ongoing remediation in compliance with state law.
The Borough of Chatham Fire Department, Police Department, Board
of Health and Department of Public Works, as well as the Borough's
approved agents and/or contractors, are authorized, but not required,
to mitigate the effects of any hazardous substance unlawfully discharged
upon or into any property, waters, facility, building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, impoundment,
ditch, storage container, or motor vehicle within the Borough. In
the event that the Borough undertakes any remediation or mitigative
measures, it shall not be a person responsible for conducting the
remediation as that term is defined by state environmental laws and
regulations.
Any person who has discharged a hazardous substance or who has
failed to report a discharge or who "is in any way responsible for
a discharged hazardous substance" as that term is defined by state
environmental laws and regulations shall be liable, strictly, jointly
and severally, without regard to fault, for all cleanup and removal
costs incurred by the Borough.
In the event that any person undertakes, either voluntarily
or upon order of a Borough official or other authority having jurisdiction,
to remediate the effects of any hazardous substance unlawfully discharged
upon or into any property, waters, facility, building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, impoundment,
ditch, storage container, or motor vehicle within the Borough, the
Borough may take such action as is necessary to supervise or verify
the adequacy of the remediation. All persons described above shall
be strictly liable to the Borough for all costs incurred as a result
of such supervision or verification.
Costs incurred by the Borough shall include, but shall not necessarily
be limited to, the following: actual labor costs of Borough personnel,
including benefits and administrative overhead; costs of equipment
operation, maintenance and repair; costs to repair any Borough equipment,
vehicles, tools, machines or other personal property; costs of any
contract labor and material; and attorney's fees and consultant's
fees.