Township of Greenwich, NJ Hazardous Substances

All costs associated with a discharge within the boundaries of the Township, 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, including the lands, private and public, therein.

DISCHARGE

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 or outside the Township when damage may result to the waters or lands inside 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, except that sewage and sewage sludge shall be considered hazardous substances for the purpose of this chapter.

PERSON

Any individual, corporation, company, association, firm, society, or other legal entity.

§ 409-2 Assignment of liability.

[Amended 5-20-2014 by Ord. No. 5-2014]

Any person who has discharged or caused to be discharged, either intentionally or unintentionally, directly or indirectly, a hazardous substance, or who is in any way responsible for any hazardous substance which has been or shall be discharged within the Township, shall be strictly liable, jointly and severally, without regard to fault, and shall be responsible for all cleanup and disposal costs, including the following:

(1)

All wages (regular and overtime) paid;

(2)

Fees for the Office of Emergency Management for the coordination of cleanup and disposal costs:

(a)

Personnel: $40 per hour.

(b)

Vehicle usage: $35 per hour.

(3)

Fees for the following Fire Department Services:

(a)

Apparatus: $150 per hour.

(b)

Firefighter: $50 per hour.

(c)

Materials and equipment: replacement cost.

(4)

All costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Township.

This section shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.

§ 409-3 Parties responsible.

[Amended 5-20-2014 by Ord. No. 5-2014]

Reimbursement to the Township for items expended and costs incurred shall be made by the owner or operator of the vehicle responsible for or involved in the hazardous material fire, leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill or hazardous material emanates, whether accidental or through negligence and the person responsible for the hazardous material, fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence, and further, this responsibility shall also apply to all persons who have intentionally, unintentionally, directly or indirectly discharged or caused to be discharged hazardous material substance within the Township of Greenwich.

§ 409-4 Reimbursement for services of recovery company, towing company or technical assistance.

[Amended 5-20-2014 by Ord. No. 5-2014]

Any person causing or the owner of any vehicle causing or involved in a hazardous material fire, leak or spill or release involving a hazardous material fire, leak or spill or release involving a hazardous material must provide reimbursement for services rendered by or damage caused to any recovery company, towing company, Office of Emergency Management, Fire Department, Rescue Department, or any other technical assistance called for by the Township to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time it is deemed safe to proceed by the responsible official in conjunction and cooperation with the Township of Greenwich.

§ 409-5 Hearing upon reasonableness of assessment.

[Added 5-20-2014 by Ord. No. 5-2014]

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 Council exclusively upon the reasonableness of the amount assessed. Upon service of the request for hearing upon the Township Clerk, the time within which to satisfy assessment shall be tolled.

§ 409-6 Costs.

[Added 5-20-2014 by Ord. No. 5-2014]

Full reimbursement shall be made to the Township of Greenwich by the person or persons responsible not later than 45 days after receipt of an itemized invoice from the Township of Greenwich. The person responsible for the discharge shall be liable for all reasonable attorney's fees and costs incurred in the collection of cleanup and removal costs. In the event of an appeal to Council, the requesting party shall be obligated to pay all professional fees if Council does not reduce the assessment.