[HISTORY: Adopted by the Township Committee of the Township of Woolwich as indicated in article histories. Amendments noted where applicable.]
Solid waste — See Ch. 155.
[Adopted 4-6-1981 by Ord. No. 81-1]
The following words, whenever used in this article, shall, for the purpose of this article, have the following meanings:
- Any individual or group of individuals composing any community of interest, firm, partnership, corporation, political subdivision or authority.
- POTENTIALLY DANGEROUS SUBSTANCE
- Any substance which is, in its production and/or disposal, regulated by any governmental agency for the purpose of protecting health, safety or welfare of citizens from the actual or potential threat imposed by noncompliant production and/or disposal of such substances, and shall specifically include chemical waste, sewage, septage or any other chemical or biological wastes.
- REGULATED VEHICLE
- Any vehicle duly authorized by the Board of Public Utilities or other regulating agency of the State of New Jersey.
- Movement from one location to another by use of a vehicle or container upon public streets or highways.
No person shall transport a potentially dangerous substance through the Township of Woolwich unless transportation is made on a duly regulated vehicle which prominently displays a certificate of approval from an appropriate governmental agency.
No person shall dispose of, dump or place any potentially dangerous substance into any manhole, pipe, sewage line or any other receptacle/field or stream/lot situate within the Township of Woolwich.
The only authorized disposal facility for sewage and septage within the County of Gloucester shall be the Gloucester County Utilities Authority or any other agency authorized by law to accept such substances. Other potentially dangerous substances not authorized to be disposed of at the Gloucester County Utilities Authority shall be disposed of only with the agency authorized by law to dispose of such potentially dangerous substances.
[Amended 3-15-1999 by Ord. No. 99-6]
[Adopted 9-6-2005 by Ord. No. 2005-31]
As used in this article, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Township of Woolwich which shall include labor and material for the removal of hazardous substances or taking of reasonable measures to prevent or mitigate damages to the public health, safety or welfare of the residents of the Township of Woolwich, including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dump or disposal of hazardous substances into the waters or lands within the Township of Woolwich, or outside of the Township when damage may result to the waters or lands inside of the Township.
- HAZARDOUS SUBSTANCE
- All elements and compounds, including petroleum products, as set forth within N.J.S.A. 58:10-23.11b as amended.
- Any individual, public or private corporation, companies, association, societies, firms, partnerships or joint-stock companies.
In consequence of the increasing threat of the public and the environment due to the discharge of hazardous substances, the Township of Woolwich is and may be required to incur expenses in the cleanup and removal of such substances. It is the opinion of the Mayor and Township Committee of the Township of Woolwich that expenses incurred for extraordinary measures required in the cleanup and removal of such substances is not a service contemplated within the tax assessments. As such, extraordinary safety measures are required for the protection of the health and welfare of the Township residents. The costs of such action should be borne by the party responsible for the discharge of hazardous substances. This article is designed to recover the costs of Fire Department and other safety personnel and the use of equipment employed in dealing with the discharge of hazardous substances.
Any person who shall discharge hazardous substances within the Township of Woolwich shall be strictly liable for all cleanup and removal costs incurred by the Township of Woolwich or agencies or employees thereon.
Upon assessment of cleanup and removal costs, the person assessed may within 10 days of receipt of such assessment make a written request for a hearing before the Township Committee exclusively upon the reasonableness of the amount assessed.
In addition to the above, the person responsible shall be liable for all reasonable attorneys fees and costs incurred in the collection of cleanup and removal costs.