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.
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.