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.
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.
DISCHARGE
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."
PERSON
Any public or private corporations, associations, societies,
firms, agencies, partnerships, joint-stock companies, individuals,
not-for-profit service organizations or any other entity.
PETROLEUM
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.
VEHICLE
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.
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.