[HISTORY: Adopted by the Township Committee
of the Township of Montville 4-8-2008 by Ord. No. 2008-14. Amendments noted
where applicable.]
A.
This chapter provides for the reimbursement and the
replacement of expended resources and nonreusable equipment maintained
or procured by the Township or its fire districts or other public
safety agencies and used in the case of a release or threatened release
of any hazardous materials.
B.
This chapter entitles the Township and/or the Township's
fire districts or other public safety agencies to reimbursement for
the costs of replacing nonreusable equipment and expended resources
utilized by the Township or the Township's fire districts, other public
safety agencies, or any of its agencies in stopping or containing
any release of a hazardous material during an emergency response action.
As used in this chapter, the following terms
shall have the meanings indicated:
All of the activities conducted by the Township and/or the
Township's fire districts or other public safety agencies to clean
up, remove, prevent, contain or mitigate a discharge of hazardous
materials that poses an immediate threat to the environment or to
the public health, safety or welfare.
In general, those resources expended that are reasonable,
necessary and allocable to the emergency response action. Expended
resources shall include, but are not limited to, the following:
Materials and supplies acquired, consumed or
expended specifically for the purpose of the emergency response action.
Compensation of employees or independent contractors
for the time and efforts developed specifically to the emergency response
action.
Rental or leasing of equipment used specifically
for the emergency response action (such as protective, scientific
and technical equipment, and clothing).
Replacement costs for equipment owned by the
Township, the Township's fire districts, other public safety agencies,
or a mutual aid company or department, that is contaminated beyond
reuse or repair, if the loss occurred during an emergency response
action (such as self-contained breathing apparatus irreparably contaminated
during the response).
Decontamination of equipment and personnel contaminated
during an emergency response action.
Special technical services specifically required
for an emergency response action (such as costs associated with the
time and efforts of technical experts or specialists not otherwise
provided for by the Township).
Other special services specifically required
for the emergency action.
Laboratory costs of analyzing samples taken
during the emergency response action.
Costs of cleanup, storage or disposal of the
released material.
Costs associated with services and supplies
procured in response to an evacuation resulting from a release.
Medical expenses incurred, including post-exposure
medical surveillance.
Legal expenses incurred as a result of the emergency
response action, including efforts to recover expenses pursuant to
this chapter.
Any material, solid, liquid or gas, classified as a hazardous
material by federal, state or local legislation or regulation.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into the waters or on to the lands
within the borders of the Township, or into waters outside the jurisdiction
of the Township, when damage may result to the lands, waters or natural
resources within the jurisdiction of the Township.
Any single-family dwelling or multifamily dwelling of three
units or less.
Any imminent or impending event potentially causing but not
resulting in a release, but causing the Township to undertake an emergency
response action.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Any container, drum, barrel, box cylinder or tank used to
hold or contain or carry or store any hazardous materials.
A.
Reimbursement to the Township or the Township's fire
districts or other public safety agencies for the costs of any expended
resources shall be made by the following parties jointly and severally:
(1)
The owner or operator of any vehicle responsible for
or contributing to any release or threatened release of hazardous
materials.
(2)
The owner or person responsible for any vessel containing
hazardous materials involved in or contributing to any release or
threatened release on public or private property whether stationary
or in transit, whether accidental or through the negligence of the
owner or person responsible for the vessel.
(3)
The owner or person responsible for any property,
other than those exempted in this chapter, from which any release
or threatened release of hazardous material emanates, whether accidental
or through the negligence or intentional acts of the owner or person
responsible for the property.
(4)
Any person responsible for or contributing to any
release or threatened release of hazardous material on public or private
property whether accidental or through the negligence or intentional
acts of the person responsible for contributing to the release or
threatened release.
B.
All Township fire districts or other public safety
agencies which responded to the release shall submit to the Township
Administrator a list detailing the expended resources and replacement
costs of the materials and supplies expended for the release.
Any person or company responsible for or contributing to any release or threatened release of a hazardous material must provide reimbursement directly to the Township or the Township's fire districts or other public safety agencies for services rendered by any recovery company, towing company or other technical assistance required by the Township to handle such incident. The Administrator shall submit to the responsible person or company a detailed invoice of the expended resources and replacement costs and request payment as provided by §§ 215-5 and 215-6.
Any person, owner or company responsible for
or contributing to any release or threatened release of hazardous
materials shall reimburse the Township of Montville for the full price
of replacing any nonreusable equipment or expended resources used
in an emergency response action concerning any release or threatened
release within a period of 45 days after receipt of a bill for such
items from the Township of Montville.
A.
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Township of Montville or the Township's fire districts or other public safety agencies within the time set forth in this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.
B.
If, due to the responsible party's failure to reimburse the Township of Montville, and in addition to any penalties that may be imposed pursuant to Subsection A of this section, should the Township seek to recover the costs of any nonreusable equipment or expended resources used in an emergency response action concerning any release or threatened release, the responsible party shall reimburse the Township for all reasonable costs incurred to enforce this chapter, including attorney's fees.
Nothing in this chapter shall be construed to
conflict with state or federal laws requiring persons causing or responsible
for any release or threatened release of a hazardous material to engage
in remediation activities or pay the costs thereof, or both.
This chapter does not preclude or precede any
other remedy that may be available to the Township or the Township's
fire districts or other public safety agencies for reimbursement for
expended resources as specified herein.
