[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove 2-4-2014 by Ord. No. 2014-1 (Ch. 146 of the 1986 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Borough of Penns Grove, 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 Penns Grove, including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dump or disposal of hazardous substances into the waters or lands within the Borough of Penns Grove or outside the Borough when damage may result to the waters or lands inside the Borough.
- HAZARDOUS SUBSTANCE
- 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 chapter.
- Any individual, public or private corporation, companies, association, societies, firms, partnerships or joint-stock companies.
Any person who has discharged or caused to be discharged, either intentionally or unintentionally, directly or indirectly, a hazardous substance, or who is in any way responsible for any hazardous substance which has been or shall be discharged within the Borough, shall be strictly liable, jointly and severally, without regard to fault, and shall be responsible for all cleanup and disposal costs, including all wages (regular and overtime) paid and all costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Borough. This section shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
Reimbursement to the Borough for items expended and cost incurred shall be made by the owner or operator of the vehicle responsible for or involved in the hazardous material fire, leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence; and, further, this responsibility shall also apply to all persons who have intentionally, unintentionally, directly or indirectly discharged or caused to be discharged hazardous material substance within the Borough of Penns Grove.
Any person causing or the owner of any vehicle causing or involved in a hazardous material fire, leak or spill or release involving a hazardous material must provide reimbursement for services rendered by or damage caused to any recovery company, towing company, fire department, rescue department, or any other technical assistance called for by the Borough to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time it is deemed safe to proceed by the responsible official in conjunction and cooperation with the Borough of Penns Grove.
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 governing body exclusively upon the reasonableness of the amount assessed.
Full reimbursement shall be made to the Borough by the person or persons responsible not later than 45 days after receipt of an itemized invoice from the Borough of Penns Grove. The person responsible for the discharge shall be liable for all reasonable attorney fees and costs incurred in the collection of cleanup and removal costs.