[HISTORY: Adopted by the Township Committee of the Township of Hanover 3-18-1993 by Ord. No. 1-93. Amendments noted where applicable.]
Hazardous substances — See Ch. 162.
A new chapter to be known as "Chapter 161, Cleanup of Hazardous Substance Discharges and Recovery of Costs," is hereby adopted as set forth below.
The purpose and intent of this chapter is to authorize and direct the cleanup, containment and abatement of any hazardous and/or toxic substance discharges or spills and to provide for the total reimbursement and recovery of all costs to the Township of Hanover and/or the Whippany and Cedar Knolls Fire Departments. It shall be the responsibility of the Township Administrator, in cooperation with the Director of Emergency Management, to seek full restitution and recovery of all costs related to said cleanup, removal and abatement activities incurred by the Township of Hanover.
Furthermore, it shall be the responsibility of the Fire Chiefs and the Board of Fire Commissioners of Whippany Fire District No. 2 and Cedar Knolls Fire District No. 3 to seek full restitution and recovery of all costs incurred by these departments related to the containment, cleanup, removal and abatement activities pursuant to § 161-7B of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs incurred by the Township and/or Fire Districts of a discharge or hazardous or toxic substantive as follows:
- A. In the removal or attempted removal of hazardous or toxic substances.
- B. In performing reasonable measures to prevent, contain or mitigate damage to the health, safety or welfare of the public, including but not limited to public, semipublic and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wetlands, wildlife and other natural resources within the environment.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous or toxic substances into the waters, onto the lands or into the air, which may or does cause damage or result in damage to the lands, waters, air or natural resources of the environment.
- EMERGENCY APPARATUS AND PERSONNEL
- Includes any apparatus, equipment, materials and personnel
with the Township's Police, Health and Public Works, Buildings and
Grounds and Park Maintenance Departments, the Township's Office of
Emergency Management, the Whippany Fire Department of Fire District
No. 2, the Cedar Knolls Fire Department and First Aid Squad of Fire
District No. 3.[Amended 4-8-2010 by Ord. No. 12-10]
- FIRE DEPARTMENTS
- The Whippany Fire Department of Fire District No. 2 and the Cedar Knolls Fire Department and First Aid Squad of Fire District No. 3.
- HAZARDOUS SUBSTANCES
- Those elements and compounds, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection and Energy, or as defined in the National Fire Protection Association Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), or as are defined on the list of toxic pollutants designated by the United States Congress or the Federal EPA. For the purpose of this chapter, however, sewage and sewage sludge shall be considered as "hazardous substances."
- Any public or private corporations, associations, societies, firms, agencies, partnerships, joint-stock companies, individuals, not-for-profit service organizations or any other entity.
- Includes 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.
- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor trailers, construction equipment, farm machinery and military vehicles and equipment.
The Township of Hanover, its departments and/or agents and the Whippany Fire Department of Fire District No. 2, and the Cedar Knolls Fire Department and First Aid Squad of Fire District No. 3 are hereby authorized and directed to contain, clean up, remove and abate any discharges of hazardous substances, toxic materials and/or spills within the geographic boundaries of the Township as regulated by the New Jersey Department of Environmental Protection and Energy and the United States Environmental Protection Agency.
Any person who causes an intentional or unintentional act or emission, or is otherwise responsible for the discharge of hazardous substances which requires containment, cleanup and/or abatement shall be liable and responsible for the payment of all costs incurred by the Township or any of its departments or agents, and/or the Whippany and Cedar Knolls Fire Departments, as a result of such cleanup or abatement activity. The remedy provided by this chapter shall be in addition to any other remedies provided by law.
Any person who owns or operates any vehicle or equipment which causes a fire, leak and/or spill of hazardous materials onto any public, semipublic or private property shall be responsible and liable in reimbursing the Township in full for all costs incurred by the Township in the rendering of services by any of its departments or agents, including the Whippany and Cedar Knolls Fire Departments, for the cleanup, containment and abatement of said hazardous spills.
For the purposes of this chapter, costs incurred by the Township of Hanover or any of its departments or agents, including the Fire Departments, shall include but shall not necessarily be limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits, administrative overhead, cost of equipment and equipment operation, cost of materials, goods and supplies and the cost of any outside contractors for labor, materials, goods and equipment.
The cost of materials and/or equipment to be reimbursed to the Township of Hanover, or any of its departments or agents, and the Fire Departments shall include, without limitation, fire-fighting foam, chemical extinguishing agents, absorbent material, sand and sand recovery drums, booms and specialized protective equipment and clothing, including but not limited to acid suits, acid gloves, goggles and protective clothing. This list is not all inclusive and may include any other goods, materials or equipment utilized by the Township and/or Fire Departments in the cleanup, containment or abatement of any hazardous discharge as described in this chapter.
Within seven business days from the date of a cleanup, the Director of the Township's Office of Emergency Management and the Fire Chiefs of Whippany Fire District No. 2 and Cedar Knolls Fire District No. 3 shall present to the Township Administrator a specific itemization of all costs associated with a containment, cleanup and/or abatement. Upon receipt, the Township Administrator shall send the person(s) responsible for the discharge of the hazardous substance or material a letter requesting direct payment(s) to either the Township and/or the respective Fire Department(s), including a statement of charges. Such person(s) shall be advised that full payment(s) are expected within 30 calendar days after receipt of a statement of charges.
Any person(s) responsible for the discharge of a hazardous or toxic substance, and who fails to reimburse the Township and/or the Fire Department(s) in full, within the time frame prescribed under § 161-7 of this chapter, shall be subject, upon conviction in the Municipal Court, to a fine not exceeding the sum of $1,000 and/or imprisonment for a period not exceeding 90 days, or both. These penalties shall be in addition to any other penalties prescribed and levied by the State of New Jersey and/or the federal government.
The imposition of any penalties through the Municipal Court shall not in any way relieve the person found guilty from making full reimbursement to the Township and/or the Fire Departments.