[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.
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.
Any person whose act or omission results or has resulted in
a discharge;
Each owner or operator of any facility, vehicle or vessel from
which a discharge has occurred;
Any person who owns or controls any hazardous substance which
is discharged;
Any person who has directly or indirectly caused the discharge;
Any person who has allowed a discharge to occur; or
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.
