[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells 10-19-1993 by Ord. No. 93-621 (Ch. 8.38 of the 1992 Code). Amendments noted where applicable.]
Spills and the discharge and release of hazardous substances constitute a danger to the health, safety and welfare of the municipality and its citizens. The response by the municipality to such incidents necessitates expenditures for personnel and equipment and for the storage, treatment, transportation and/or disposal of hazardous substances, and imposes a significant financial burden upon the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- The meaning set forth in the Discharge of Petroleum and Other Hazardous Substances Regulations, N.J.A.C. 7:1E, and/or those which have been determined as hazardous by the Secretary of Transportation under U.S.C.A. Title 49 and the NFPA Hazardous Materials Guide Book.
- RESPONSE AGENCY
- Any unit providing assistance to the Borough either by contract, mutual aid or other means, in response to a release as described in § 158-3.
- A. Any person whose act or omission results or has resulted in a discharge;
- B. Each owner or operator of any facility, vehicle or vessel from which a discharge has occurred;
- C. Any person who owns or controls any hazardous substance which is discharged;
- D. Any person who has directly or indirectly caused the discharge;
- E. Any person who has allowed a discharge to occur; or
- F. Any person who brokers, generates or transports the hazardous substance discharge.
In the event there occurs a spill, discharge, leakage or any other type of release of hazardous substances onto any private or public property, including waterways, roadways, or any other place in the municipality, the responsible party(ies) shall be responsible for all reasonable costs associated with and necessitated by the Borough's response thereto, including, but not limited to, costs of labor, equipment, materials, supplies, containment, storage, transport, disposal, permits and any other expense reasonably related to said response by the Borough or by the Borough's appointed response agency.
Upon the conclusion of response, containment and/or cleanup efforts, the municipal departments and other outside response agencies involved in the response shall prepare an accounting of all costs and expenses associated with said response, including but not limited to a pro rata cost for personnel time, equipment, materials, supplies and any other expense reasonably related thereto. The accounting shall be presented in writing as soon as practicable to the Municipal Finance Officer and Administrator for verification and approval and shall then be transmitted to the responsible party for reimbursement to the Borough; the responsible party(ies) shall be strictly, jointly and severally responsible for reimbursing the Borough for said costs within 60 days of notification by the Borough.
Any responsible party(ies) found liable under the terms of § 158-3 who fail to reimburse the Borough for all costs within the time set forth will each be subject to the penalties as provided in Chapter 1, Article III, General Penalty. This penalty is in addition to the requirement of full restitution, as described herein, which shall be applied with interest at the rate of 18% per annum beginning the 61st day after notification of the Borough.