Township of Union, NJ
Hunterdon County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. No. 2012-12]
In this section, the following words and phrases shall have the following meanings:
CLEAN UP AND REMOVAL COSTS
Shall mean all costs incurred by the Township or a volunteer services company in (1) the removal or attempted removal of any hazardous substance; or (2) the taking of reasonable measures to prevent or mitigate damage to public health, safety, or welfare, including but not limited to public and private property, surface waters, sub-surface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
COSTS
Shall mean all costs incurred by the Township or a volunteer emergency services company, including but not limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials. A costs fee schedule shall be established by resolution of the Township Committee and amended from time to time.
DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land or into the air.
HAZARDOUS SUBSTANCE
Shall mean any elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey or as are defined in the N.F.P.A. Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency. This definition shall also include substances that the Emergency Management Coordinator has reason to believe may be hazardous substances.
LEVEL ONE FIRST RESPONDER AWARENESS
Shall mean that training level achieved for those personnel who will initiate an emergency response by notifying the proper authorities, but take no further action, as more particularly set forth in the U.S. Code of Federal Regulations at 29 CFR 1910.120, as enforced by OSHA and/or PEOSHA.
LEVEL ONE FIRST RESPONDER OPERATIONAL
Shall mean that training level achieved for those personnel who respond on site to hazardous materials releases, or potential releases, and includes the ability to take necessary defensive actions to protect people, property and the environment from the effects of such a release, as more particularly set forth in the U.S. Code of Federal Regulations at 29 CFR 1910.120, etc., as enforced by OSHA and/or PEOSHA.
MATERIALS
Shall mean all materials, including but not limited to firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment such as acid suits, acid gloves, goggles and protective clothing.
PERSON
Shall mean any public or private corporation, company, association, society, firm, partnership, joint stock company, individual, or other entity.
PETROLEUM PRODUCT
Shall mean oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
[Ord. No. 2012-12]
The Township and volunteer emergency services companies in the Township are hereby authorized to clean up and remove any discharge of hazardous substance (but not to exceed Level One First Responder Awareness and First Responder Operational) which occurs within the Township, or outside the boundaries of the Township when authorized by agreement between the Township and any other governing body.
[Ord. No. 2012-12]
Any person who causes, by act or omission, or is otherwise responsible for, a discharge of any hazardous substance which is cleaned up or abated by the Township or a volunteer emergency services company, including the owner of real or personal property from which a discharge of hazardous substances occurs, shall be liable for the payment of all costs incurred by the Township and the volunteer emergency services company as a result of such clean up or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.
[Ord. No. 2012-12]
Reimbursement to the Township, voluntary hazardous material response teams and others as hereinbefore indicated shall be made by:
a. 
The owner or operator of the vehicle responsible for the hazardous material, fire, leak or spill of hazardous material;
b. 
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;
c. 
The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and
d. 
The person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
[Ord. No. 2012-12]
Any person and/or entity causing any hazardous material, fire, leak, spill or release involving a hazardous material and substance shall be responsible for all costs for services rendered by any recovery company, towing company or any other technical assistance called for by the Township by a volunteer emergency service company to handle such incident.
[Ord. No. 2012-12]
Any person and/or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill and for all costs and expenses set forth in this section within 45 days after receipt of a statement from the Township outlining said costs and expenses.
[Ord. No. 2012-12]
Any person, corporation, entity and/or other violating any provisions of this section and responsible for any fire, leak or spill of hazardous materials or substances within the Township who fails to reimburse the Township and others as provided herein within the time required shall be liable and subject to a penalty and/or fine for each violation and each offense in accordance with Section 1-5.