[Ord. No. 2012-12]
In this section, the following words and phrases shall have
the following meanings:
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.
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.
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.
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.
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.
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.
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.
Shall mean any public or private corporation, company, association,
society, firm, partnership, joint stock company, individual, or other
entity.
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.
