[HISTORY: Adopted by the Township Committee of the Township of Woolwich
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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.
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.
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.
A.Â
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.
B.Â
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:
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.