[HISTORY: Adopted by the Township Committee of the Township
of Fredon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-13-2018 by Ord. No. 2018-05[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 258, but
was renumbered to maintain the organization of the Code.
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:
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.
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:
Investigating its cause, source or effect;
Conducting or overseeing a remedial action;
Initiating any action to prevent or mitigate any risk or threat
to public health, safety or welfare arising out of a discharge; and
Preventing or mitigating any damage or injury to public or private
property or natural resources.
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.
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.
All substances included within the definition of "hazardous
substances" under N.J.A.C. 7:1E-1.7, including all amendments and
supplements thereto.
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.
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.
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.
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.
A.Â
The Township may recover all costs reasonably incurred by it, its
employees, approved agents, and contractors hired in connection with
an emergency response action, including the overtime costs of appropriately
deployed employees incurred by the Township in the recovery of these
costs and the costs of expendable items.
B.Â
Demand letter.
(1)Â
Whenever the Township seeks to recover costs pursuant to this chapter,
the Township, or any third-party collection service engaged by the
Township, shall send, by certified and regular mail, a demand letter
to the responsible party or parties, which shall contain:
(a)Â
The date and time of the discharge;
(b)Â
The basis for liability;
(c)Â
A detailed narrative description of the costs incurred by the
Township, its employees, agents, contractors and authorized political
subdivisions in responding to the discharge;
(d)Â
A calculation sheet, including hours and personnel charged (if
any), salary rates and any overhead rates;
(e)Â
An explanation of the procedures to be followed to pay the costs
demanded or to appeal the demand;
(f)Â
The Township's costs of collection.
(2)Â
Payment shall be remitted within 45 days of receipt of the demand
letter.
C.Â
Whenever the Township issues a demand letter to a responsible party
and the responsible party fails to remit payment within 45 days as
prescribed herein, the Township may bring an action in a court of
competent jurisdiction to recover the costs incurred in the emergency
response action, reasonable litigation costs and interest on the outstanding
amount due calculated from the 46th day following the receipt of the
demand letter to the date judgment is rendered at the interest rate
set forth in the Rules Governing the Courts of New Jersey.
A.Â
This article is to be liberally construed to effectuate the purposes
herein described. Nothing herein is to be construed as repealing
or abridging the emergency powers of any agency of government, except
to the extent expressly set forth herein.
B.Â
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this article shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this article which shall remain in full force and effect.
C.Â
This article shall be deemed to include any additions or amendments
that may be required by the County of Sussex as lead response agent
as a condition of approval.