[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.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
