[HISTORY: Adopted by the Township Committee of the Township
of Harrison 8-10-1988 by Ord. No. 0-4-88. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All costs associated with a discharge within the boundaries
of the Township of South Harrison which shall include labor and material
for the removal of hazardous substances, or taking of reasonable measures
to prevent or mitigate damages to the public health, safety or welfare
of the residents of the Township of South Harrison including the lands,
private and public, therein.
Any intentional or unintentional action or omission resulting
in the release, spill, leak, dump or disposal of hazardous substances
into the waters or lands within the Township of South Harrison or
outside the township when damage may result to the waters or lands
inside the township.
All elements and compounds, including petroleum products
as set forth within N.J.S.A. 58:10-23.11b as amended.
Any individual, public or private corporation, companies,
association, societies, firms partnerships or joint-stock companies.
In consequence of the increasing threat of the public and the
environment due to the discharge of hazardous substances, the township
is and may be required to incur expenses in the cleanup and removal
of such substances. It is the opinion of the Mayor and Township Committee
that expenses incurred for extraordinary measures required in the
cleanup and removal of such substances is not a service contemplated
within the tax assessments. As such, extraordinary safety measures
are required for the protection of the health and welfare of the township
residents. The costs of such action should be borne by the party responsible
for the discharge of hazardous substance. This chapter is designed
to recover the cost of Fire Department and other safety personnel
and the use of equipment employed in dealing with the discharge of
hazardous substances.
Any person who shall discharge hazardous substances within the
Township of South Harrison shall be strictly liable for all cleanup
and removal costs incurred by the Township of South Harrison or agencies
and employees thereon.
Upon assessment of cleanup and removal costs, the person assessed
may within 10 days of receipt of such assessment make a written request
for a hearing before the Township Committee exclusively upon the reasonableness
of the amount assessed.
In addition to the above, the person responsible shall be liable
for all reasonable attorneys fees and costs incurred in the collection
of cleanup and removal costs.
