As used in this chapter, the following terms shall have the
meanings indicated:
CLEANUP AND REMOVAL COSTS
All costs associated with a discharge within the boundaries
of the Borough of Clayton, 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 Clayton, 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 Borough of Clayton
or outside the Borough when damage may result to the waters or lands
inside the Borough.
HAZARDOUS SUBSTANCE
All elements and compounds, including petroleum products
as set forth within N.J.S.A. 58:10-23.11b, as amended, except that
sewage and sewage sludge shall be considered hazardous substances
for the purpose of this chapter.
PERSON
Any individual, public or private corporation, companies,
association, societies, firms, partnerships or joint-stock companies.
Any person who shall discharge hazardous substances within the
Borough of Clayton shall be strictly liable for all cleanup and removal
costs incurred by the Borough of Clayton or agencies and employees
therein.
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.
The person responsible for the discharge shall be liable for
all reasonable attorneys' fees and costs incurred in the collection
of cleanup and removal costs.