Township of Washington, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Washington 11-17-2003 by Ord. No. 2003-13. Amendments noted where applicable.]
The purpose of this chapter is to permit the designated employee(s) of the Township to submit to the New Jersey Department of Environmental Protection (hereafter referred to as “NJDEP”) claims for damages incurred in connection with a discharge of a hazardous substance or in connection with a threatened discharge and to outline procedures for the submission of claims to the NJDEP.
The words and terms used in this chapter shall be as defined in N.J.S.A. 58:10-23.11 et seq. and N.J.A.C. 7:1J-1.1 et seq., as may from time to time be amended and/or supplemented.
The designated employee(s)/official/officer of the Township shall submit to the NJDEP claim(s) for damages incurred in connection with a discharge of a hazardous substance or in connection with a threatened discharge, including, but not limited to, all sums as may be necessary to reimburse the Township for costs incurred in an emergency response action taken to prevent, contain, mitigate, clean up or remove a discharge or threatened discharge of a hazardous substance.
A. 
The Township’s Emergency Management Coordinator or his/her designee is the designated employee of the Township to submit claim(s) to the NJDEP.
B. 
The Emergency Management Coordinator or designee shall be responsible for submitting claims to the NJDEP pursuant to the rules and regulations of the NJDEP. The Emergency Management Coordinator or designee shall, if necessary, request the assistance of the other employees/officials/officers of the Township. The employees of the Township shall provide the necessary assistance to the Emergency Management Coordinator. The necessary assistance that may be requested by the Emergency Management Coordinator or designee and provided by the other employees of the Township includes, but is not limited to, the signing of affidavits, the producing of reports and the documentation of time and money spent.
C. 
If the Emergency Management Coordinator is absent or unavailable to submit claim(s) to the NJDEP, then the Chief of the Police Department shall be the designated employee of the Township to submit claim(s) to the NJDEP.
This chapter and the procedures outlined herein shall not be considered by the Township as the sole source of compensation to be claimed for damages incurred in connection with a discharge of a hazardous substance or in connection with a threatened discharge. The Emergency Management Coordinator or, in his/her absence or unavailability, the Chief of the Police Department, shall exercise his/her best efforts to secure reimbursement for the Township for damages incurred in connection with a discharge of a hazardous substance or in connection with a threatened discharge from other sources, including, but not limited to, insurance policies, grants, contractual rights and any other source based on statutory or common law.
[Amended 12-16-2003 by Ord. No. 2003-16]
Any and all reimbursement secured by the Emergency Management Coordinator or, in his/her absence or unavailability, the Chief of the Police Department, shall be deposited into the Township’s general fund. However, in the event that the Washington Township Fire District or Districts, as the case may be, or any other independent public agency or entity have sought reimbursement through the Emergency Management Coordinator, together with the Township, for costs incurred during any emergency response action to prevent, contain, mitigate, clean up or remove a discharge or a threatened discharge of a hazardous substance, then the reimbursement so secured shall be deposited into the Township’s general fund and the general fund of the Fire District and/or independent public entity in proportion of the amount requested by each claimant compared to the amount recovered on behalf of all claimants.