[HISTORY: Adopted by the Governing Body of the Borough of
Allendale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-2015[1]]
[1]
Editor's Note: This article was originally enacted as
Ch. 142 but was renumbered to fit the organizational structure of
the Code.
The purpose of this article is to prohibit the spilling, dumping,
or disposal of hazardous materials on any property owned by the Borough
of Allendale, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
A.
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings stated herein, unless
their use in the rest of this article clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
B.
HAZARDOUS MATERIALS
PERSON
As used in this article, the following terms shall have the meanings
indicated:
Those substances and/or materials which, when released, discharged,
placed or dumped into the environment, pollute, or which are harmful
or injurious to, said environment, including but not limited to those
substances and materials described in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
§ 9601 et seq., the Resource Conservation and Recovery Act,
as amended, 42 U.S.C. § 6901 et seq., the New Jersey Spill
Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., the New
Jersey Industrial Site Recovery Act, as well as those described in
any applicable state or local laws and the regulations promulgated
under any of the foregoing acts or laws, as same may be amended.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
The spilling, dumping, release, discharge or disposal of hazardous
materials on any real property owned by the Borough of Allendale is
prohibited. The spilling, dumping, or disposal of hazardous materials
in such a manner as to cause the discharge of hazardous materials
to any property owned by the Borough of Allendale is also prohibited.
This article shall be enforced by the Police Department, Borough
Engineers and other Code Officials of or contracted by the Borough
of Allendale.
Any person(s) who continues to be in violation of the provisions
of this article, after being duly notified, shall be subject to a
fine of $1,000 for a first offense and up to $2,000 for a second and
each subsequent offense.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this article.
[Adopted 5-28-2015[1]]
[1]
Editor's Note: This article was originally enacted as
Ch. 143 but was renumbered to fit the organizational structure of
the Code.
The purpose of this article is to assign to the transporter
or owner of materials the responsibility for the cost of cleaning
and clearing spills onto the roadways or property located in the Borough
of Allendale.
The following described parties are responsible for all of the
costs incurred by the Borough of Allendale for the cleanup of materials
dumped, spilled, discharged, released or leaked onto public or private
property:
A.
The owner, operator, lessee or other party responsible for any vehicle
for any leak, discharge, spill or release of hazardous material, whether
stationary or in transit, whether accidental or intentional.
B.
The owner, operator, lessee or other party responsible for any vessel
responsible for any leak, discharge, spill or release of hazardous
material, whether stationary or in transit, whether accidental or
intentional.
C.
The owner, operator, lessee or other party responsible for any property
from which any leak, discharge, spill or release of hazardous material
emanates, whether public or private, whether accidental or intentional.
D.
Any person or entity responsible for any leak, discharge, spill or
release of any hazardous material on public or private property, whether
accidental or intentional.
In the event there is a spill of any materials covered under
this article within the Borough of Allendale, the generator, transporter,
owner or the person or persons responsible therefor shall immediately
notify the Borough of the spill and shall immediately, unless directed
otherwise by the Borough, clean up or arrange for the cleanup of the
spill. The cleanup shall be undertaken in accordance with all applicable
federal and state regulations and procedures.
In the event the Borough of Allendale determines that it is
within the interest of the citizens of the Borough of Allendale that
the Borough of Allendale or its agents or contractors clean up a spill,
the persons or entities responsible shall reimburse the Borough of
Allendale for all of the costs and expenses incurred for, and related
to, said cleanup, including but not limited to the following:
A.
Any and all items or materials or equipment utilized to control contamination
or to clean up the materials.
B.
Any and all labor costs incurred by the Borough of Allendale for
actual labor and/or personnel use in connection with the cleanup or
containment of any leak, discharge, spill or release of materials.
C.
Any fees paid to attorneys to enforce this article and/or to collect
said fees due under this article.
D.
Any and all fees paid to engineers, contractors, agents or other
individuals retained by or paid by the Borough of Allendale in connection
with the cleanup of materials.
E.
Any and all medical costs incurred by personnel assisting in the
cleanup of materials.
F.
Any and all fines or penalties that may be imposed upon the Borough,
or incurred by the Borough, relating to such spill.
Any party responsible for costs as described herein shall reimburse
the Borough of Allendale the full amount of said costs within 45 days
after a receipt of a bill for the costs.
Any responsible parties as described herein who fail to reimburse
the Borough of Allendale for obligations described in this article
within 45 days shall be subject to a fine of not less than $100 nor
more than $1,000 or imprisonment for a period of not more than 90
days, or both. Upon failure to reimburse the Borough of Allendale
for the cost of said items within the forty-five day period, in addition
to any penalties described herein, the Borough of Allendale may take
such action as may be provided by law to recover costs from the responsible
party, including legal fees and any other costs of collection.
