[HISTORY: Adopted by the Township Council of the Township
of Clark by Ord. No. 94-07 (Ch. XXVI of the 2002 Revised General Ordinances). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The employees, agents, officers and/or officials of the Township
of Clark Department of Administration and Health.
The Clark Township Department of Administration and Health
or its designated agent.[1]
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances or solid waste into the air, onto
the ground, or into any body of water or water resource, including
any groundwater or stormwater system within the jurisdiction of the
Township of Clark or into waters or stormwater systems outside of
the Township when damage may result to the lands, waters or natural
resources of the Township.
Any items used to extinguish or prevent any hazardous material
or fire or stop or contain any leak, release or discharge involving
any hazardous substance or solid waste which cannot be reused or cannot
be replenished without cost after that particular incident. These
expendable items include, but are not limited to, fire-fighting foam,
chemical extinguishing agents, sampling equipment or supplies, absorbent
materials, sand, recovery drums, and any protective equipment and
clothing, to include, but not be restricted to, chemical protective
suits, chemical protective gloves, goggles, and any other items owned
or controlled by the Clark Township Department of Administration and
Health or its employees, agents, officers, officials or participating
Township agencies.
Any material, solid, liquid or gas listed as such under the
National Fire Protection Association Guide of Hazardous Materials,
the Department of Transportation Guide Book, the list of hazardous
substances adopted by the Federal Environmental Protection Agency
(EPA) pursuant to Section 311 of the Federal Water Pollution Control
Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33
U.S.C. § 1251 et seq.), the list of toxic pollutants designated
by Congress or the EPA pursuant to Section 307 of the Federal Water
Pollution Control Act, any hazardous waste as defined or listed under
the New Jersey Hazardous Waste Regulations at N.J.A.C. 7:26G-1.1 et
seq., and any hospital or medical waste, including, but not limited
to, syringes, bandages and discarded pharmaceutical products.[2]
With respect to any facility or vehicle, any person owning
or operating such facility or vehicle, whether by lease, contract
or any other form of agreement; with respect to abandoned facilities
or vehicles, the person who owned or operated the facility or vehicle
immediately prior to such abandonment; the owner or operator at the
time of the discharge.
Any entity or natural person, and shall include, without
limitation, any of the following: public or private corporations,
companies, associations, societies, firms, partnerships, joint-stock
companies, individuals, interstate subdivisions or agents, the State
of New Jersey and any of its political subdivisions or agents.
Any container, drum, box, cylinder, tank, or other item used
to hold, contain, carry or store any hazardous substances or solid
waste, whether or not the item was manufactured for the containment
of a hazardous substance.
A person who is in any way responsible for a discharge, and
shall include each owner and operator and any other person obligated
by law to clean up and remove contaminants, hazardous substances or
solid waste.
Any garbage, refuse, sludge or any other waste material, except
it shall not include solid animal and vegetable wastes collected by
swine producers, licensed by the State Department of Agriculture,
who collect, prepare and feed such wastes to swine on their own farms.
"Any other waste material" is any solid, liquid, semisolid or contained
gaseous material resulting from industrial, commercial, mining or
agricultural operations, or from community activities, which is discarded
or is being accumulated, stored or physically, chemically or biologically
treated prior to being discarded or has served its original intended
use and sometimes is discarded or is a manufacturing or mining by-product
and sometimes is discarded.
A material is discarded if it is abandoned by being disposed
of or burned or incinerated or physically, chemically, or biologically
treated (other than burned or incinerated) in lieu of or prior to
being disposed of.
A material is disposed of for purposes of this chapter if it
is discharged, deposited, injected, dumped, spilled, leaked or placed
into or on any land or water so that such material or any constituent
thereof may enter the environment or be emitted into the air or discharged
into groundwaters or surface waters.
A "manufacturing or mining by-product" shall mean a material
that is not one of the primary products of a particular manufacturing
or mining operation, is a secondary and incidental product of the
particular operation and would not be solely and separately manufactured
or mined by the particular manufacturing or mining product which results
from one of the steps in a manufacturing or mining process and is
typically processed through the next step of the process within a
short time.
Any motorized equipment, registered or unregistered, including,
but not limited to, a passenger car, motorcycle, truck, tractor-trailer,
construction equipment, farm machinery, watercraft, aircraft and trains.
A.
This chapter shall provide for the reimbursement for, or the replacement
of, any and all equipment utilized by or at the direction of the Clark
Township Department of Administration and Health and for costs expended,
without regard to ownership, for the purpose of investigating, analyzing,
mitigating, controlling, or containing any incident in which a hazardous
substance or solid waste is involved in a fire, discharge, release
or spill, or where the potential thereof exists, or for the prevention
of same.
B.
This chapter shall also provide for the reimbursement for the expenses
incurred by the Township of Clark, its agents and employees and for
the wages (regular or overtime) paid to its employees, agents, officials,
participating Township agencies, or servants as a result of incidents
involving a hazardous substance or solid waste, fire, discharge, release,
or spill of hazardous substance or solid waste and for the costs of
medical and hospital treatment for injuries incurred by agents, servants
and employees of the Clark Township Department of Administration and
Health and participating Township agencies.
C.
This chapter shall mandate reimbursement to the Township of Clark
for any equipment or expendable items used by or at the direction
of the Clark Township Department of Administration and Health or participating
Township agencies in extinguishing any hazardous substance or solid
waste fire or stopping or containing or controlling or mitigating
any discharge, release or leak of any hazardous substance or solid
waste.
A.
The discharge of hazardous substances or solid waste is prohibited.
This chapter shall not apply to the discharge of hazardous substances
or solid waste pursuant to and in compliance with the conditions of
a local, county, state or federal permit.
B.
Whenever any hazardous substance or solid waste is discharged, the
Clark Township Department of Administration and Health may, in its
discretion, act to remove or arrange for the removal of the discharge.
C.
Any person who has discharged a hazardous substance or solid waste
or in any way is responsible for any discharge of a hazardous substance
or solid waste which has been or shall be removed by the Clark Township
Department of Administration and Health or participating Township
agencies shall be strictly liable, jointly and severally, without
regard to fault, for any and all expenses incurred in conducting the
investigation, cleanup and removal and disposal costs and shall be
liable for the wages (regular and overtime) paid and the costs of
medical and hospital treatment for injuries incurred by the agents,
participating Township agencies, servants and employees of the Township
of Clark.
A.
Any person who is any way responsible for a discharge of a hazardous
substance or solid waste which occurs after the effective date of
this chapter shall immediately notify the New Jersey Department of
Environmental Protection and Energy pursuant to N.J.A.C. 7:1E et seq.
B.
Compliance with the notification requirements set forth in this chapter
shall in no way alter, modify, supersede or replace the requirements
of or release any person from compliance with the notification and
reporting requirements set forth at N.J.S.A. 13:1K-15 et seq.
Reimbursement to the Township of Clark as required by this chapter
shall be made by:
A.
The owner
or operator of the vehicle responsible for the discharge of a hazardous
substance fire or discharge of a hazardous substance or solid waste;
B.
The owner/operator,
person, or responsible party for the receptacle containing the hazardous
substance or solid waste involved in such a fire or discharge on public
or private property, whether stationary or in transit and whether
accidental or through negligence;
C.
The owner/operator,
person, or responsible party for any property from which any discharge
of a hazardous substance or solid waste emanates, whether accidental
or through negligence;
D.
The person
responsible for the hazardous material fire or discharge or release
of a hazardous substance or solid waste on public or private property,
whether accidental or through negligence.
Any person, owner, operator or responsible party causing any
hazardous substance fire, discharge or release involving a hazardous
substance or solid waste must provide reimbursement for services rendered
by any recovery company, towing company or any other technical assistance
called for by the Clark Township Department of Administration and
Health or its agents to handle such incident. In the event of a vehicle
having been responsible for any incident, such vehicle may be impounded
until such a time as it has been deemed safe to proceed by the incident
commander and until such time as arrangements have been made to reimburse
the Township of Clark, participating Township agencies, and the towing
company for their expenditures under the terms of this chapter.
A.
Whenever the Clark Township Department of Administration and Health
or its designated agent seeks to recover costs pursuant to the above,
the Department of Administration and Health shall deliver to the responsible
party, person, owner or operator a demand letter, by certified mail
or personal service, which shall contain:
(1)
The date and time of the discharge;
(2)
The basis for liability;
(3)
A detailed narrative description of the costs incurred by the Township
and/or its agents in responding to, containment of, cleanup of and
investigation of the discharge;
(4)
An explanation of the procedures to be followed to pay the costs
demanded or to appeal the demand.
B.
Payment shall be remitted to the Township within 45 days of receipt
of the demand letter.
The person, owner, operator or responsible party who is responsible
for any hazardous substance fire or discharge of hazardous substance
or solid waste shall reimburse the Township, the Clark Township Department
of Administration and Health and its participating agencies the full
price of expendable items and costs to extinguish such fire or to
stop or investigate and contain such discharge or to control such
discharge within 45 days after receipt of the aforementioned demand
letter. The Township reserves the right to employ the services of
a collection agency or an attorney to ensure reimbursement to the
Township and its participating agencies, the costs of which shall
be borne by the person, owner, operator, or responsible party.
A.
Any person, owner, operator or responsible party who violates any provision of or order promulgated under this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III, for each violation. Each day that a violation continues shall constitute a separate offense.
B.
Each day from the 46th day following the receipt of the demand letter referred to in § 185-8 that any portion of the amount demanded within the letter remains unpaid shall constitute a separate violation under this chapter.
C.
In addition to any other remedies provided by this chapter, the Clark
Municipal Court shall have jurisdiction over proceedings to enforce
this chapter and collect any penalty imposed because of a violation
of any of its provision. The proceedings shall be summary and in accordance
with N.J.S.A. 2A:58-10 et seq., the Penalty Enforcement Law of 1999.
Process shall be at the suit of the Clark Township Department of Administration
and Health and shall be either in the nature of a summons or warrant.[1]
A.
Authorized representatives of the Clark Township Department of Administration
and Health shall have the right to enter and inspect any premises,
facility, site, vehicle, receptacle or building for the purpose of
ascertaining compliance or noncompliance with the provisions of this
chapter.
B.
Authorized representatives of the Clark Township Department of Administration
and Health shall also have the right to examine and obtain information
from any person, owner, operator or responsible party from material
safety data sheets, shipping papers, bills of lading, invoices, inventories,
manifests and all records and documents relating to the discharge
of a hazardous substance or solid waste.
A.
This chapter is to be liberally construed to effectuate the purposes
herein described. Nothing herein is to be construed as repealing or
abridging the emergency powers of any agency of government except
to the extent expressly set forth herein.
B.
Notwithstanding the fact that the Township of Clark has the right to levy penalties as set forth in § 185-9, the Township reserves for itself all rights and remedies entitled to it under statutory and common law to take whatever steps are necessary to obtain reimbursement.
C.
Nothing in this chapter shall prohibit the Township from obtaining
reimbursement or compensation from the responsible parties pursuant
to any local, state or federal program, rule, regulation or statute.
D.
Nothing in this chapter shall restrict the rights or prohibit the
Clark Township Department of Administration and Health or its agents
from enforcing any applicable codes, rules and regulations, including,
but not limited to, the provisions found in the Solid Waste Management
Act, N.J.S.A. 13:1E-1 et seq., and the Environmental Rights Act, N.J.S.A.
2A:35A-1 et seq.
