[HISTORY: Adopted by the Township Committee of the Township of Elk 9-3-2009 by Ord. No. O-2009-11. Amendments noted where applicable.]
Article I Transportation and Disposal of Potentially Dangerous Substances
Article II Reimbursement for Cleanup Costs
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.
- POTENTIALLY DANGEROUS SUBSTANCE
- 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 flammable substance, chemical or biological wastes.
- REGULATED VEHICLE
- 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 Elk unless transportation is made on a duly regulated vehicle which prominently displays a certificate of approval from an appropriate governmental agency.
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 Elk.
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.
Any person who violates any provision of this article by transporting a potentially dangerous substance in an unregulated vehicle or who disposes of a potentially dangerous substance in a place other than authorized shall be fined as follows:
Imprisonment in a county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; by a minimum fine not exceeding $1,000 or a maximum penalty by a fine not exceeding $10,000; and/or by a period of community service not exceeding 90 days.
Each day in which a violation of this chapter exists shall constitute a separate offense. Any person who is convicted of violating this chapter within one year of the date of a previous violation of this chapter, and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender.
As used in this article, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Township of Elk, which shall include labor and material for the removal of hazardous substances or the taking of reasonable measures to prevent or mitigate damages to the public health, safety or welfare of the residents of the Township of Elk, 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 Elk, or outside of the Township when damage may result to the waters or lands inside of 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.
- 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 Elk 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 Elk that expenses incurred for measures required in the cleanup and removal of such substances is not a service contemplated within the tax assessments. As such, 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.
Any person who shall discharge hazardous substances within the Township of Elk shall be strictly liable for all cleanup and removal costs incurred by the Township of Elk or agencies or employees thereon.
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.
In addition to the above, the person responsible shall be liable for all reasonable attorneys' fees and costs incurred by the Township in the collection of cleanup and removal costs.