Township of Howell, NJ Article XIV Hazardous Materials [1]

[1] Editor's Note: See Ch. 168, Hazardous Materials.

§ 139-24 Storage filing fee.

A. It shall be the responsibility of any person, corporation or partnership who or which stores hazardous substances to file a completed disclosure form and pay the established fee therefor to the Township on an annual basis. Said form and applicable fees shall be completed within 30 days from the date of receipt, and returned to the Township.

[Amended 3-7-2017 by Ord. No. O-17-04]

B. The annual filing fees for the storage of substances pursuant to the provisions of this article shall be as follows:

Storage Area (square feet)	Fee (per annum)
Up to 500	$60
501 to 2,000	$120
2,001 to 10,000	$240
10,001 to 100,000	$700
Over 100,001	$1,100

§ 139-25 Applicability; payment; disposition of fees.

This fee schedule is for filing fees and storage disclosure within the building or property. The annual fees set forth above shall be payable to the Township of Howell by check or money order and shall accompany the disclosure form, which shall be filed with the Township's Department of Administration. All fees collected pursuant to this article shall be dedicated to the Howell Township Office of Emergency Management (HTOEM) Trust Account.

§ 139-26 Definitions; discharge of hazardous materials and substances prohibited; reimbursement rates.

[Amended 9-13-2022 by Ord. No. O-22-52]

A. Definitions. As used in this article, the following terms shall have and include the meanings hereinafter prescribed:

DISCHARGE

Any intentional or unintentional act, action or omission resulting in the releasing, spilling, leaking, pumping., pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of the Township or on any land within the corporate limits and/or jurisdiction of the Township.

HAZARDOUS MATERIAL

Any material, solid, liquid or gas, listed as such under the N.F.P.A. Guidebook of Hazardous Materials, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), the list of hazardous substances set forth in N.J.S.A. 58:10-23.11 et seq. (the New Jersey Spill Compensation and Control Act), and any material warranting removal or cleanup in the opinion of the Township's Emergency Management Coordinator.

TOWNSHIP

The Howell Township employees, agents, officers, officials and supporting units as directed by the Howell Emergency Management Coordinator, including, but not limited to, the Township's Fire Departments and the Howell Township Police Department.

VEHICLE

Any motorized equipment, registered or unregistered, including, but not limited to, passenger car, motorcycle, truck, tractor trailer, tank truck, construction equipment, farm machinery, watercraft, aircraft and trains.

B. The discharge of hazardous substances and materials is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in full authorized compliance with the conditions of a federal or state permit.

C. Any person and/or entity who may be subject to liability for a discharge or become aware of a discharge which occurred prior to or after the effective date of this article shall immediately notify the Township Emergency Management Coordinator.

D. Whenever any hazardous substance is discharged, the Township may in its discretion act to remove or arrange for the removal of such discharge.

E. Any person and/or entity who has discharged a hazardous material and/or substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance and material which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs paid and the costs of any medical and hospital treatment for injuries incurred by the agents, servants and employees of the Township and/or others as defined herein.

F. In addition to the costs and expenses set forth in Subsection D above, the parties responsible for a discharge must provide reimbursement for the established salaries and wages (including overtime where same is approved by the proper Township representative) for all Township employees involved in the cleanup and removal. Also, the cost of all Township vehicles involved in the cleanup and removal shall be reimbursed pursuant to the following schedule:

(1) Police vehicles: $40 per hour.

(2) DPW vehicles: $50 per hour.

(3) Fire Department costs (rates are based on per hour or fraction thereof):

(a) For each ladder and/or aerial truck: $175 per hour.

(b) For each tanker and/or pumper: $150 per hour.

(c) For each lighting truck and/or rescue vehicle: $100 per hour.

(d) For each special use emergency vehicle: $75 per hour.

(e) For each hour of time rendered by a fire service member: $30 per hour.