[HISTORY: Adopted by the Township Committee of the Township
of Pilesgrove 8-24-2021 by Ord. No. 21-08. Amendments noted where
applicable.]
In this section, the following words and phrases shall have
the following meanings:
All costs incurred by the Township or a volunteer services
company in 1) the removal or attempted removal of any hazardous substance;
or 2) the taking of reasonable measure 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 Borough or a volunteer
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. Said costs shall be in accordance with the FEMA fee
schedule and/or the actual purchase price of the materials used.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of any hazardous substances 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 defined on the list of toxic pollutants designated by Congress
or the Environmental Protection Agency. This definition shall also
include substances that the Borough Emergency Management Coordinator
has reason to believe may be hazardous substances.
All materials, including but not limited to firefighting
foam, chemical extinguishing agents, absorbent material, sand recovery
drums and specialized protective equipment such as acid suits, acid
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 within
the Township are hereby authorized to clean up and remove and discharge
of hazardous substance which occurs within the Township of Pilesgrove,
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 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.
Reimbursement to the Township, voluntary hazardous material
response teams and others as hereinafter indicated shall be made by:
A.
The owner or operator of the vehicle responsible for the hazardous
material, fire, leak or spill of hazardous material;
B.
The owner or person responsible for the vessel containing the hazardous
material involved in such fire, leak, or spill on public or private
property, whether stationary or in transit and whether accidental
or through negligence.
C.
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence; and
D.
The person responsible for the hazardous material fire, leak or spill
of hazardous material on public private property, whether accidental
or through negligence.
Any person and/or entity causing any hazardous material, fire,
leak, spill or release involving a hazardous material and substance
shall be responsible for all cots for services rendered by any recovery
company, towing company or any other technical assistance called for
by the Township or by a volunteer emergency service company to handle
such incident. Whenever the Township seeks to recover costs it shall
be the responsibility of the Township Emergency Management Coordinator
to provide a bill for materials and services rendered and to send
by certified and regular mail a demand letter to the responsible party
or parties, which shall contain:
A.
The date and time of the discharge;
B.
The basis for liability;
C.
A detailed narrative description of the costs incurred by the Township,
its employees, agents, contractors and authorized political subdivisions
in responding to the discharge;
D.
A calculation sheet, including hours and personnel charged, salary
rates and any overhead rates; and
E.
An explanation of the procedures to be followed to pay the costs
demanded or to appeal the demand.
Any person and/or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Township the full price
of expendable items and costs used to extinguish such fire, or to
stop or contain such leak, or to control such spill and for all costs
and expenses set forth in this chapter within 45 days after receipt
of a statement from the Township Emergency Management Coordinator
outlining said costs and expenses. Whenever the Township issues a
demand letter to a responsible party and the responsible party fails
to remit payment within 45 days as prescribed herein, the Township
may bring an action in a court of competent jurisdiction to recover
the costs incurred in the emergency response action, reasonable litigation
costs and interest on the outstanding amount due calculated from the
46th day following the receipt of the demand letter to the date judgment
is rendered at the interest rate set forth in the Rules Governing
the Courts of New Jersey.
