The following words, whenever used in this article, shall, for
the purpose of this article, have the following meanings:
PERSON
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.
TRANSPORTATION
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.
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:
A. 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.
B. 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.
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 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.
PERSON
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.