[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:
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.
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.
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.
A.Â
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.[1]
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
Whenever any hazardous substance is discharged, the Township may
in its discretion act to remove or arrange for the removal of such
discharge.
D.Â
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.
A.Â
The Township may seek such remedies in any court as it may determine
in its discretion.
B.Â
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.[1]
