[HISTORY: Adopted by the Township Committee of the Township
of Elk 9-3-2009 by Ord. No. O-2009-11. Amendments noted where applicable.]
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.
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.
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.
A.Â
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.
B.Â
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:
A.Â
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.Â
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:
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
