As used in this chapter, the following terms shall have the
meanings indicated:
CLEANUP AND REMOVAL COSTS
All costs associated with a discharge, as defined herein,
within the boundaries of the Township of Berlin, 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 Township of Berlin,
including real property, both private and public.
DISCHARGE
Any intentional or unintentional act or omission resulting
in the release, spill, leak, emission, dumping, or disposal of hazardous
substances into the waters or lands within the Township of Berlin,
or outside the Township when damage may result to the waters or lands
within the Township.
HAZARDOUS SUBSTANCE
All elements and compounds, including petroleum products,
as set forth in 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.
After due investigation by the Township of Berlin, any person
who shall be found to have discharged hazardous substances within
the Township shall be held strictly liable for all cleanup and removal
costs incurred by the Township of Berlin and its agents, servants
and employees. Said person shall receive written notification of the
amount due. Payment is required to be made to the Township within
30 days of the date of notice.
Upon assessment of cleanup and removal costs, the person assessed
may, within 10 days of receipt of such notice of assessment, make
a written request for a hearing before the Township Council. The hearing
shall deal exclusively with the reasonableness of the amount assessed.
Liability will not be an issue.
The person responsible for the discharge shall be liable for
all reasonable attorney's fees and costs incurred in the collection
of cleanup and removal cost due to failure of the responsible person
to remit payment as required herein.