[HISTORY: Adopted by the Township Council of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-1995 by Ord. No. 95-033 (Ch. 64 of the 1994 Code of Ordinances)]
Any costs and expenses incurred by the Township and by voluntary hazardous material response teams (including those who respond through mutual aid, including, without limitation, fire companies and first aid squads) shall be borne by the spiller and/or responsible party and/or releasor of such hazardous materials and/or substances and pollutants as defined herein and as may be set forth and defined under state law, including, without limitation, those hazardous substances, chemicals, pollutants and materials that may be defined in any Act of the state, including, without limitation, the Spill Compensation and Control Act and such legislation and regulations that define same and as also provided under the NFPA Guide of Hazardous Materials; the New Jersey Department of Transportation Guidebook; the Hazardous Substances List adopted by the Environmental Protection Agency of the United States pursuant to the Clean Water Act, the Clean Air Act, the Federal Water Pollution Control Act and other pollutants and toxins designated by Congress and/or the EPA and/or NJDEP as well as any hospital or medical waste, any materials or substances warranting removal or cleanup in the opinion of the Office of Emergency Management of the Township and/or the County Board of Health.
As used in this article, the following terms shall have and include the meanings hereinafter prescribed:
- COLLECTING AGENCY
- The Township of Hamilton.
- Any intentional or unintentional act, action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of this Township or any land within the corporate limits and/or jurisdiction of the Township.
- EXPENDABLE ITEMS
- Any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, firefighting foam, chemical extinguishing agents, absorbent materials, sand recovery drums and any protective equipment and clothing to include, but not restricted to, chemical protective suits, chemical protective gloves, goggles and any other items owned or controlled by the Township and/or any public-related full-time or voluntary response team.
- HAZARDOUS MATERIALS
- Any material, solid, liquid or gas, listed as such under the NFPA Guidebook of Hazardous Materials, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to § 311 of the Federal Water Pollution Control Amendment of 1972, as amended by the Clean Water Act of 1977, and as amended and supplemented and the list of toxic pollutants designated by Congress or the EPA, pursuant to § 307 of the Federal Water Pollution Control Act and any hospital or medical waste, including, but not limited to, syringes, bandages and discarded pharmaceutical products, and any material warranting removal or cleanup in the opinion of the Township Division of Police.
- Includes the Hamilton Township employees, agents, officers, officials and supporting units as directed by the Hamilton Township Division of Police.
- Any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor-trailer, tank truck, construction equipment, farm machinery, watercraft, aircraft and trains.
- Any container, drum, box cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not said container was manufactured for the containment of a hazardous material.
Without limitation, this article provides for the reimbursement of any and all equipment utilized by the Township and other as defined for costs expended without regard to ownership for the purposes of mitigating, controlling or containing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same; also for the reimbursement for the expenses incurred by the Township for the wages (regular and overtime) paid to its employees, agents or servants as a result of any incident involving a hazardous material fire, leak, release or spill of a hazardous material and for the costs incurred by agents, servants and employees of the Township and others as defined.
This article also provides for penalties and, as indicated aforesaid, provides for the repayment and collection of all expenses incurred by voluntary hazardous material response teams, including those who respond through mutual aid such as fire companies and first aid squads.
The discharge of hazardous substances and materials is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in full authorized compliance with the conditions of a federal or state permit.
Any person and/or entity who may be subject to liability for a discharge or become aware of a discharge which occurred prior to or after the effective dates of this chapter shall immediately notify the Township Division of Police.
Whenever any hazardous substance is discharged, the Township may in its discretion act to remove or arrange for the removal of such discharge.
Any person and/or entity who has discharged a hazardous material and/or substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance and material which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the costs of medical and hospital treatment for injuries and diseases incurred by the agents, servants and employees of the Township and/or others as defined herein.
Reimbursement to the Township and voluntary hazardous material response teams and others as hereinbefore indicated shall be made by the owner or operator of the vehicle responsible for the hazardous material, fire, leak or spill of hazardous material; by the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit, and whether accidental or through negligence; by the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and by the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property whether accidental or through negligence. They are also to be deemed to be strictly liable for same.
Any person and/or entity causing any hazardous material fire, leak, spill or release involving a hazardous material and substance must provide for services rendered by any recovery company, towing company or any other technical assistance called for by the Township to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and in cooperation with the Township and state police and until such time as arrangements have been made to reimburse the Township and the towing company for their expenditures under the terms of this article.
Any person and/or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill and for all costs and expenses set forth in this article within 45 days after receipt of a bill therefor. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect said costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of same.
The Township may seek such remedies in any court as it may determine in its discretion.
Any person, corporation, entity and/or others violating any provisions of this article and any person, corporation or entity or others responsible for any fire, leak or spill of hazardous materials or substances who fail to reimburse the Township and others as provided herein within the time required shall be liable and subject to a penalty and/or fine for each violation and each offense in accordance with Chapter 1, General Provisions, § 1-2, Violations; penalties, of the Code of the Township of Hamilton.