[HISTORY: Adopted by the Township Council of the Township
of Chester as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-15-2014 by Ord. No. 2014-9]
The Emergency Management Coordinator or Chief of Police of Chester
Township or their designees is authorized to request the Volunteer
Fire Company, Police Department, Public Works Department, and any
other Township department, as well as any appropriate county or state
agency, to assist in the abatement of any discharges for which there
is reason to believe are hazardous substances which occur in the Township.
The following terms are defined in this article as follows:
All costs associated with a discharge of hazardous substances
incurred by the Township or its authorized agents in the removal or
attempted removal of hazardous substances or suspected hazardous substances,
or in the taking or 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.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances or suspected hazardous materials
into the waters, onto the lands or into the air, which may or does
cause or it is reasonably believed will damage or result in damage
to the lands, waters, air or natural resources.
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, petroleum
or petroleum stock.
Public or private corporations, companies, associations,
societies, firms, partnerships, joint stock companies, individuals
or any other entity.
Any person who causes, by act or omission, or is otherwise responsible
for, a discharge of a hazardous substance which requires cleanup or
abatement by the Township or its fire company or other Township Department,
or county or state agencies shall be liable for the payment of all
costs incurred by the Township and the responding entities as a result
of such cleanup or abatement activity. The owner of real or personal
property on which or from which a discharge of hazardous substances
occurs is responsible for the cost of cleanup or abatement. The remedy
provided by this section shall be in addition to any other remedies
provided by law.
For the purposes of this section, costs incurred by the Township
shall include but shall not necessarily be limited to the following:
actual labor costs of the responding entities' personnel, including
workers' 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 cost fee schedule
shall be established by resolution of the Township as amended from
time to time.
The cost of materials to be reimbursed to the Township shall
include, without limitation, fire-fighting foam, chemical extinguishing
agents, absorbent material, sand recovery drums, specialized protective
equipment, acid and any and all other materials reasonably needed
to abate a hazardous substance discharge.
Upon obtaining any information that a hazardous discharge has
occurred in the Township (unless previously notified of a hazardous
discharge by NJDEP), the appropriate Township officials shall immediately
notify NJDEP of such hazardous discharge in accordance with the requirements
of all applicable NJDEP statutes and regulations.
