[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-9-1992 by Ord. No. 92:15]
As used in this article, the following terms shall have the
meanings indicated:
All costs associated with a discharge within or into the
boundaries of the Borough of Somerdale, 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 Borough of Somerdale,
including the lands, private and public, therein.
Any intentional or unintentional action or omission resulting
in the release, spill, leak, emission, dumping or disposal of hazardous
substances into the waters, air or lands within the Borough of Somerdale,
or outside the Borough when damage may result to the waters, air or
lands inside the Borough.
All elements and compounds, including petroleum products
as set forth within 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 article.
Any individual, public or private corporation, company, association,
society, firm, partnership or joint-stock company.
Any person who shall discharge or cause to be discharged any
hazardous substances within or into the Borough of Somerdale shall
be strictly liable for all cleanup and removal costs incurred by the
Borough of Somerdale, or any agencies and employees thereof.
Upon the occurrence of any discharge of hazardous substances
and after the cleanup and removal of such hazardous substances involving
the Borough of Somerdale, or any agency or employee thereof, the Emergency
Management Coordinator of the Borough or the Deputy Coordinator shall
calculate the costs and expenses incurred as a result of the cleanup
of said hazardous substances discharge and forward on a bill for any
and all Borough services related thereto by certified mail, return
receipt requested, to the person liable for such cleanup and removal
costs.
Upon assessment of cleanup and removal costs, the person assessed
may, within 10 days of receipt of such assessment, make a written
request for a hearing before the Borough Council; said hearing is
to be solely and exclusively upon the issue of the reasonableness
of the amount assessed.
The person responsible for the discharge shall be liable for
all reasonable attorneys' fees and costs incurred in the collection
of cleanup and removal costs, in the event that the assessment remains
unpaid 30 days after receipt of said assessment.
