[HISTORY: Adopted by the Township Committee of the Township
of Franklin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-1-2014 by Ord. No. 2014-8]
This article authorizes the Township and volunteer emergency
service companies to respond to incidents where the discharge of hazardous
substances has occurred and to require reimbursement for time and
materials expended in connection with the response to any such discharge.
A fee schedule shall be established by resolution of the Township
Committee and amended from time to time for materials.
The emergency services will be responsible for billing and collecting
their reimbursements/costs. When Township departments (i.e., Fire
Prevention and/or Police) are involved, they will bill/collect and
forward to the Chief Financial Officer.
In this article, the following words and phrases shall have
the following meanings:
All costs incurred by the Township or a volunteer services
company in the removal or attempted removal of any hazardous substance;
or 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, including but not limited to the following: actual
labor costs of 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 costs fee schedule shall be established by resolution
of the Township Committee and amended from time to time.
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.
Any 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 are 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.
All materials including but not limited to fire-fighting
foam, chemical extinguishing agents, absorbent material, 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, joint stock company, individual, or other
entity.
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 substantives
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
The Township and volunteer emergency services companies in the
Township are hereby authorized to clean up and remove any discharge
of hazardous substance (but not to exceed Level One first responder
awareness and 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 real or personal property from which a discharge
of hazardous substances occurs, shall be liable for the payment of
all costs incurred by the Township and the volunteer emergency services
company as a result of such clean up or abatement. The remedy provided
by this section shall be in addition to any other remedies provided
by law.
