[HISTORY: Adopted by the Township Council
of the Township of Readington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-2008 by Ord. No. 33-2008]
As used in this article, the following words
and phrases shall have the following meanings:
All costs incurred by the Township or a volunteer emergency
services company in:
The removal or attempted removal of any hazardous
substance; or
The taking of reasonable measures to prevent
or mitigate damage to public health, safety, or welfare, including
but not limited to public and private property, surface waters, subsurface
waters, water columns and bottom sediments, soils and other affected
property, including wildlife and other natural resources.
All costs incurred by the Township or a volunteer emergency
services company, as may be applicable, including but not limited
to the following: actual labor costs of Township-paid personnel, including
worker’s compensation benefits, fringe benefits and administrative
overhead; cost of equipment operation, cost of materials; and the
cost of any outside contract for labor and materials. A schedule of
costs and fees shall be established by resolution of the Township
Committee and amended from time to time.
[Amended 3-15-2010 by Ord. No. 07-2010]
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of any hazardous substance into the water, onto the land
or into the air.
Any and all elements and compounds, including petroleum products,
which are defined as such by the Department of Environmental Protection
of the State of New Jersey or as are defined in the N.F.P.A. Guide
of Hazardous Materials, or as set forth in the list of hazardous substances
adopted by the Federal Environmental Protection Agency, or as are
defined on the list of toxic pollutants designated by Congress or
the Environmental Protection Agency. This definition shall also include
substances that the Emergency Management Coordinator has reason to
believe may be hazardous substances.
That training level achieved for those personnel who will
initiate an emergency response by notifying the proper authorities,
but take no further action, as more particularly set forth in the
U.S. Code of Federal Regulations at 29 CFR 1910.120, as enforced by
OSHA and/or PEOSHA.
That training level achieved for those personnel who respond
on site to hazardous materials releases, or potential releases, and
includes the ability to take necessary defensive actions to protect
people, property and the environment from the effects of such a release,
as more particularly set forth in the U.S. Code of Federal Regulations
at 29 CFR 1910.120, etc., as enforced by OSHA and/or PEOSHA.
All materials, including but not limited to fire-fighting
foam, chemical extinguishing agents, absorbent materials, sand recovery
drums, and specialized protective equipment such as acid suits, acid
gloves, goggles and protective clothing.
Any public or private corporation, company, association,
society, firm, partnership, limited-liability company, joint stock
company, individual or other entity.
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge,
oil refuse, oil mixed with other wastes, crude oils and substances
or additives utilized in the refining or blending of crude or other
stock.
The Township and volunteer emergency services
companies in the Township are hereby authorized to clean up and remove
any discharge of hazardous substances (but not to exceed "level one
first responder awareness" and "level one first responder operational")
which occurs within the Township, or outside the boundaries of the
Township, when authorized by agreement between the Township and any
other governing body.
A.
Any person who causes, by act or omission, or is otherwise
responsible for a discharge of any hazardous substance which is cleaned
up or abated by the Township or a volunteer emergency services company,
including the owner of nonresidential real or business personal property
from which a discharge of hazardous substances occurs, shall be liable
for the payment of all costs and fees incurred by the Township and
the volunteer emergency services company as a result of such cleanup
or abatement in accordance with the then current schedule of fees
as set forth by resolution of the Township Committee, as may be amended
from time to time. The remedy provided by this section shall be in
addition to any other remedies provided by law.
B.
Owners of residential real or nonbusiness personal
property shall not be required to pay for the cleanup abatement reimbursements
required under this article.
