[Adopted 8-16-1994 by Ord. No. 9-94 (Ch. 143, Art. I, of
the 1990 Code)]
A.
This article provides for the reimbursement and the replacement of
expended resources and nonreusable equipment maintained or procured
by the Township or its public safety agencies and used in the case
of a release or threatened release of any hazardous materials.
B.
This article entitles the Township and/or the Township's public
safety agencies to reimbursement for the costs of replacing nonreusable
equipment and expended resources utilized by the Township or the Township's
public safety agencies or any of its agencies in stopping or containing
any release of a hazardous material during an emergency response action.
As used in this article, the following terms shall have the
meanings indicated:
All of the activities conducted by the Township and/or the
Township's public safety agencies to clean up, remove, prevent,
contain or mitigate a discharge of hazardous materials that poses
an immediate threat to the environment or to the public health, safety
or welfare.
In general, those resources expended that are reasonable,
necessary and allocable to the emergency response action. "Expended
resources" shall include, but are not limited to, the following:
Materials and supplies acquired, consumed or expended specifically
for the purpose of the emergency response action.
Compensation of employees or independent contractors for the
time and efforts developed specifically to the emergency response
action.
Rental and leasing of equipment used specifically for the emergency
response action (such as protective scientific and technical equipment
and clothing).
Replacement costs for equipment owned by the Township, the Township's
public safety agencies or a mutual aid company or department that
is contaminated beyond reuse or repair if the loss occurred during
an emergency response action (such as self-contained breathing apparatus
irreparably contaminated during the response).
Decontamination of equipment and personnel contaminated during
an emergency response action.
Special technical services specifically required for an emergency
response action (such as costs associated with the time and efforts
of technical experts or specialists not otherwise provided for by
the Township).
Other special services specifically required for the emergency
action.
Laboratory costs of analyzing samples taken during the emergency
response action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with services and supplies procured in response
to an evacuation resulting from a release.
Medical expenses incurred, including post-exposure medical surveillance.
Legal expenses incurred as a result of the emergency response
action, including efforts to recover expenses pursuant to this article.
Any material, solid, liquid or gas, classified as a hazardous
material by federal, state or local legislation or regulation.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into the water or onto the lands
within the borders of the Township or into waters outside the jurisdiction
of the Township when damage may result to the lands, waters or natural
resources within the jurisdiction of the Township.
Any single-family dwelling or multifamily of three units
or fewer.
Any imminent or impending event potentially causing but not
resulting in a release, but causing the Township to undertake an emergency
response action.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Any container, drum, barrel, box cylinder or tank used to
hold or contain or carry or store any hazardous materials.
Reimbursement to the Township or the Township's public
safety agencies for the costs of any expended resources shall be made
by the following parties jointly and severally:
A.
The owner or operator of any vehicle responsible for or contributing
to any release or threatened release of hazardous materials.
B.
The owner or person responsible for any vessel containing hazardous
materials involved in or contributing to any release or threatened
release on public or private property, whether stationary or in transit,
whether accidental or through the negligence of the owner or person
responsible for the vessel.
C.
The owner or person responsible for any property, other than those
exempted in this article, from which any release or threatened release
of hazardous material emanates, whether accidental or through the
negligence of intentional acts of the owner or person responsible
for the property.
D.
Any person responsible for or contributing to any release or threatened
release of hazardous material on public or private property, whether
accidental or through the negligence of intentional acts of the person
responsible for contributing to the release or threatened release.
Any person or company responsible for or contributing to any
release or threatened release of a hazardous material must provide
reimbursement directly to the Township or the Township's public
safety agencies for services rendered by any recovery company, towing
company or other technical assistance required by the Township to
handle such incident.
Any person, owner or company responsible for or contributing
to any release or threatened release of hazardous materials shall
reimburse the Township of Mount Olive for the full price of replacing
any nonusable equipment or expended resources used in an emergency
response action concerning any release or threatened release within
a period of 45 days after receipt of a bill for such items from the
Township of Mount Olive.
A.
Any person, owner or company responsible for or contributing to any
release or threatened release of a hazardous material who fails to
reimburse the Township of Mount Olive within the time set forth in
this article shall be subject to one or more of the following: imprisonment
in the county jail for a term not to exceed 90 days; or a fine not
to exceed $1,000; or community service not exceeding 90 days.
B.
If, due to the responsible party's failure to reimburse the Township of Mount Olive and, in addition to any penalties that may be imposed pursuant to Subsection A of this section, should the Township seek to recover the costs of any nonusable equipment or expended resources used in any emergency response action concerning any release or threatened release, the responsible party shall reimburse the Township for all reasonable costs incurred to enforce this article, including attorney's fees.
C.
The enforcement authority shall lie with the Township Health Officer,
the Township Code Enforcement Official or the Township Administrator.
[Added 8-9-2016 by Ord.
No. 16-2016]
Nothing in this article shall be construed to conflict with
state or federal laws requiring persons causing or responsible for
any release or threatened release of a hazardous material to engage
in remediation activities or to pay the costs thereof, or both.
This article does not preclude or precede any other remedy that
may be available to the Township or the Township's public safety
agencies for reimbursement for expended resources as specified herein.
