[HISTORY: Adopted by the Borough Council of the Borough of
Merchantville 9-14-15 as Ord. No. 2015-08. 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 Merchantville, 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 Merchantville, including the lands, private and public, therein.
- DISCHARGE
- 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 Merchantville 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.
- PERSON
- Any individual, public or private corporation, companies, association, societies, firms, partnerships or joint-stock companies.
Any person who shall discharge hazardous substances within the
Borough of Merchantville shall be strictly liable for all cleanup
and removal costs incurred by the Borough of Merchantville or agencies
and employees thereon.
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 Borough Council exclusively upon the
reasonableness of the amount assessed.
The person responsible for the discharge shall be liable for
all reasonable attorneys' fees and costs incurred in the collection
of cleanup and removal costs.
