[HISTORY: Adopted by the Township Committee
of the Township of Hanover 3-18-1993 by Ord. No. 1-93. Amendments noted where
applicable.]
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.
A.
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.
B.
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:
All costs incurred by the Township and/or Fire Districts
of a discharge or hazardous or toxic substantive as follows:
In the removal or attempted removal of hazardous
or toxic substances.
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.
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]
The Whippany Fire Department of Fire District No. 2 and the
Cedar Knolls Fire Department and First Aid Squad of Fire District
No. 3.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
