[HISTORY: Adopted by the Township Committee of the Township of Harding 6-11-2018 by Ord. No. 09-18. Amendments noted where applicable.]
This chapter provides for the reimbursement to the Township of any and all costs expended in connection with the remediation of a discharge of hazardous substances, as those terms are defined by state environmental laws and regulations, including petroleum and petroleum-based products. The provisions of this chapter shall not be construed to apply to any ongoing remediation in compliance with state law.
The New Vernon Fire Department, Police Department, Board of Health, and Department of Public Works, as well as the Township Committee as approved agents and/or contractors, are authorized, but not required, to mitigate the effects of any hazardous substance unlawfully discharged upon or into any property, waters, facility, building, structure, installation, equipment, pipe or pipeline, well, pit, pond, impoundment, ditch, storage container, or motor vehicle within the Township. In the event that the Township undertakes any remediation or mitigative measures, it shall not be a person responsible for conducting the remediation as that term is defined by state environmental laws and regulations.
Any person who has discharged a hazardous substance or who has failed to report a discharge or who "is in any way responsible for a discharged hazardous substance" as that term is defined by state environmental laws and regulations shall be liable, strictly, jointly, and severally, without regard to fault, for all cleanup and removal costs incurred by the Township, fire department, emergency squad, police, or public works.
In the event that any person undertakes, either voluntarily or upon order of a Township official or other authority having jurisdiction, to remediate the effects of any hazardous substance unlawfully discharged upon or into any property, waters, facility, building, structure, installation, equipment, pipe or pipeline, well, pit, pond, impoundment, ditch, storage container, or motor vehicle within the Township, the Township may take such action as is necessary to supervise or verify the adequacy of the remediation.
All persons described above shall be strictly liable to the Township for all costs incurred as a result of such supervision or verification.
Costs incurred by the Township shall include, but shall not necessarily be limited to, the following: actual labor costs of Township personnel, including benefits, and administrative overhead; costs of equipment operation, maintenance and repair; costs to repair any Township equipment, vehicles, tools, machines or other personal property; costs of any contract labor and material; and attorney's fees and consultant's fees.
Any person and/or entity responsible for any discharge of a hazardous substance shall reimburse the Township the full price of expendable items and costs used to address such discharge and for all costs and expenses set forth in this chapter within 45 days after receipt of a statement from the Township outlining said costs and expenses.
Whenever any person and/or entity responsible for any discharge of a hazardous substance fails to remit payment within 45 days as prescribed herein, the Township may bring an action in a court of competent jurisdiction to recover such costs, including reasonable attorney fees and costs.
The remedies provided in this article shall be in addition to any other remedies provided by the law. The recovery of costs incurred under this article does not limit the liability of responsible parties under local ordinance or state or federal law, rule, or regulations.