[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 6-27-1988 (Ch. 61 of the 1974 Code). Amendments noted where applicable.]
In consequence of the increasing threat to the public and the
environment due to the discharge of hazardous substances, the Borough
is and may be required to incur expenses in the cleanup and removal
of such substances. It is the opinion of the Mayor and Council of
the Borough that expenses incurred for extraordinary measures required
in the cleanup and removal of such substances is not a service contemplated
with the tax assessments. As such, extraordinary safety measures are
required for the protection of the health and welfare of the Borough
residents. The costs of such action should be borne by the party responsible
for the discharge of hazardous substances. This chapter is designed
to recover the costs of the Fire Department and other safety personnel
and the use of equipment employed in dealing with the discharge of
hazardous substances.
As used in this chapter, the following terms shall have the
meanings indicated:
All costs associated with a discharge within the boundaries
of the Borough of Westville, which shall include labor and material
for the removal of hazardous substances or taking of reasonable measures
to prevent or mitigate damages to the public health, safety or welfare
of the residents of the Borough of Westville, 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 Borough of Westville
or outside the Borough when damage may result to the waters or lands
inside the Borough.
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, company, association,
society, firm, partnership or joint-stock company.
Any person who shall discharge hazardous substances within the
Borough of Westville shall be strictly liable for all cleanup and
removal costs incurred by the Borough of Westville or agencies and
employees thereof.
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 Borough Council 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 in the
collection of cleanup and removal costs.
