[Adopted 9-13-2018 by Ord. No. 2018-05]
This article is enacted pursuant to and consistent with the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
and the rules and regulations adopted thereunder.
Unauthorized and unpermitted discharges of hazardous substances
within the jurisdictional confines of Fredon Township are prohibited.
This article establishes procedures and protocols for emergency response
and provides for the recovery of costs incurred by Fredon Township
as an agent of the County of Sussex in an emergency response action
to unauthorized and unpermitted discharges and, as such, is within
the provisions of the Sussex County Environmental Health Work Plan
as approved by the New Jersey Department of Environmental Property.
The words and terms used in this article shall have the following
meanings:
DISCHARGE
An intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
state or federal permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or onto the land of Fredon Township, or into waters outside
the Township, or into waters outside of the Township when damage may
result to the lands, waters or natural resources within the jurisdiction
of the Township. This definition does not include any "leak" as defined
below.
EMERGENCY RESPONSE ACTION
Any action taken by the Township, its employees, agents or
contractors in response to a discharge or threatened discharge of
a hazardous substance for the purpose of:
A.
Investigating its cause, source or effect;
B.
Conducting or overseeing a remedial action;
C.
Initiating any action to prevent or mitigate any risk or threat
to public health, safety or welfare arising out of a discharge; and
D.
Preventing or mitigating any damage or injury to public or private
property or natural resources.
EMERGENCY RESPONSE ACTION COSTS
All costs reasonably incurred by the Township of Fredon,
its employees, approved agents, and contractors hired in connection
with an emergency response action, including overtime costs for appropriately
deployed employees and expendable items. Excluded are costs to pay
volunteer responders and costs associated with firefighting and police
support.
EXPENDABLE ITEMS
Any items used to prevent, mitigate or contain any discharge
or threatened discharge which cannot be reused or replenished or replaced
without cost after use or employment in an emergency response action.
Expendable items shall include, but are not limited to, chemical
extinguishing agents, absorbents and absorbent materials, sand, recovery
drums, protective equipment and clothing, including such items as
disposable chemical protective suits, gloves, boots, and goggles.
HAZARDOUS SUBSTANCES
All substances included within the definition of "hazardous
substances" under N.J.A.C. 7:1E-1.7, including all amendments and
supplements thereto.
LEAK or LEAKING
Any escape of a hazardous substance from the ordinary containers
employed in the normal course of storage, transfer, processing or
use into a secondary containment or diversion system or onto a surface
from which it is cleaned up and removed prior to its escape into the
waters or onto the lands of the state.
OWNER or OPERATOR
Means, with respect to a vessel, any person owning or operating
or chartering by demise such vessel; with respect to any facility
or vehicle. any person or owner operating such facility or vehicle,
whether by lease, contract or any other form of agreement; with respect
to abandoned facilities or vehicles, the person who owned or operated
the facility or vehicle immediately prior to such abandonment; the
owner or operator at the time of the discharge.
PERSON
Any entity or natural person, including, without limitation,
any of the following; public or private corporations, companies, associations,
societies, firms, partnerships, joint-stock companies, individuals,
interstate subdivisions or agents, the State of New Jersey and any
of its political subdivisions or agents.
RESPONSIBLE PARTY
A person who is in any way responsible for discharge, including
each owner and operator and any other person obligated by law to clean
up and remove contaminants.
The discharge of a hazardous substance is prohibited, except
this prohibition shall not apply to discharges conducted in compliance
with the conditions of a valid federal or state permit or otherwise
authorized by law.
Any person who is in any way responsible for the discharge of
a hazardous substance is liable strictly, jointly and severally for
all emergency response action costs reasonably incurred by the Township,
its agents, employees, and contractors and any personal or property
damage incurred by the county, its agents, employees and contractors.
The Township may initiate and conduct an emergency response
action in response to a discharge that has occurred, is occurring
or threatens to occur within its geographical boundaries as an agent
of the County of Sussex, as certified by the Department of Environmental
Protection.