As used in this Article, the following terms
shall have the meanings indicated:
CLEANUP AND REMOVAL COSTS
All costs associated with a discharge within the boundaries
of the Borough of Collingswood, 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 Borough of Collingswood, including the lands,
private and public, therein.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the release, spill, leak, emission, dump or disposal of hazardous
substances into the waters or lands within the Borough of Collingswood,
or outside the borough when damage may result to the waters or lands
inside the borough.
HAZARDOUS SUBSTANCE
All elements and compounds, including petroleum products
as set forth within N.J.S.A. 58:10-23.11B, as amended, except that
sewage sludge shall be considered a "hazardous substance" for the
purpose of this Article.
PERSON
Any individual, public or private corporation, companies,
associations, societies, firms, partnerships or joint-stock companies.
Any person who shall discharge hazardous substances
within the Borough of Collingswood shall be strictly liable for all
cleanup and removal costs incurred by the Borough of Collingswood
or agencies and employees thereon.
Upon assessment of cleanup and removal costs,
the person assessed may, within ten (10) days of receipt of such assessment,
make a written request for a hearing before the Borough Commission
exclusively upon the reasonableness of the amount assessed.
The person responsible for the discharge shall
be liable for all reasonable attorneys' fees and costs incurred in
the collection of cleanup and removal costs.