[HISTORY: Adopted by the Township Committee of the Township of Middletown 3-16-1998 by Ord. No. 98-2507 (Ch. 150 of the 1996 Township Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A calculation of reimbursement costs for items, plus any and all wages paid, plus an hourly rate for use of any and all equipment, plus any and all administrative costs.
- Includes, but is not limited to, spilling, leaking, flowing, running of substances into the environment, without regard to cause; and shall include causes that are man-made, natural, accidental, unavoidable or from any cause whatever.
- The air, ground, and waters in and adjoining the Township of Middletown.
- EXPENDABLE ITEMS
- Any items used to stop or contain any discharge involving any hazardous material, which cannot be used again 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 and absorbent materials, booms, pads, pillows, rope, and, recovery drums, and any protective equipment and clothing including, but not restricted to, chemical protective suits, chemical protective gloves, goggles and any other items owned or controlled by the Township, its employees, agents, officers and/or officials.
- HAZARDOUS MATERIAL
- Any material, solid, liquid or gas, listed as such under the NFPA Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), and the list of toxic pollutants designated by the Congress of the EPA, pursuant to Section 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, or any substances on the New Jersey Hazardous Substance List.
- Any person, company, corporation or other business entity within or adjoining the Township of Middletown.
It shall be unlawful for any person to permit or be responsible for the emission of any hazardous material into the environment of the Township.
It shall be unlawful for any person to fail to promptly respond to the order of a Township official and cleanup any emission of hazardous material.
It shall be unlawful for any person to fail to pay compensation to the Township of Middletown within 30 days following his/her receipt of a bill for compensation.
Whenever the Township, through the offices of the Health Officer, or Police Chief, or Fire Chief(s), or Fire Prevention Bureau, and/or Administrator, identifies an emission into the environment of the Township of any hazardous material substance in such a manner so that, in the professional opinion of the above, immediate cleanup and/or mitigation is required, the above shall order, which order may be verbal, the responsible person to take immediate action to abate and clean up the emission. Should the responsible person not be available, or for whatever reason not take action as in the professional opinion of the above agents of the Township, then the agent(s) of the Township may, at his/her discretion, engage the Township personnel, and/or supplies, and/or equipment, and/or expendable items, and/or contract with qualified private entities to take action to immediately abate and/or clean up, and/or mitigate the emission. The responsible person shall then be billed by the Township for all costs incurred in its actions in response to the emission.
Any person responsible for an emission as in § 286-2A above shall pay a penalty of not less than $10 and not greater than $5,000.
Any person who fails to promptly respond and clean up any hazardous material emission when directed, and/or fails to pay compensation to the Township as provided in this chapter, shall pay a penalty of not less than $500, and not more than $5,000, and shall also be required to pay the compensation as provided in this chapter as restitution.