[1974 Code § 12-139; Ord. #90-49]
As used in this section:
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of a hazardous substance, hazardous material or
hazardous waste into the air or waters or onto the lands of the State
or Township when damage may result to the lands, waters, air or natural
resources within the jurisdiction of the State or Township.
Shall mean any item used to stop or contain any leak, unwarranted
discharge, release or spill involving any hazardous material which
cannot be reused or cannot be replenished without cost after that
particular leak, unwarranted discharge, release or spill. These include,
but are not limited to, absorbent material, sand, recovery drums and
specialized protective equipment to include but not be restricted
to, acid suits, gloves, goggles and protective clothing.
Shall mean any substance or chemical listed in Table I of
N.J.A.C. 7:31-2.3 in excess of the registration quantity.
Shall mean any material, solid, liquid or gas, which is a
physical hazard or a health hazard, as defined by 29 CFR 1910.1200(c)
or any material which is a hazardous waste.
Shall mean any waste or combination of wastes, including
toxic, corrosive, irritating, sensitizing, radioactive, biologically
infectious, explosive or flammable waste, which poses a present or
potential threat to human health, living organisms or the environment.
For the purpose of this Article, the criteria listed in N.J.A.C. 7:26-8.8
through 7:2-8.16 shall be used to make a hazardous waste determination.
Shall mean costs incurred by the Township, and shall include
but shall not be limited to actual labor costs of personnel used in
connection with any leak, unwarranted discharge, release or spill
involving a hazardous material.
Shall mean the Township of Woodbridge or any office, agency,
division or instrumentality thereof.
Shall mean any material subject to the reporting requirements
of the New Jersey Worker and Community Right-to-Know Act (N.J.S.A.
34:5A-1 et seq.) or which must be reported on New Jersey Community
Right-to-Know Survey.
Shall mean the Township of Woodbridge.
Shall mean any motorized equipment, registered or unregistered,
including, but not limited to, passenger cars, motorcycles, trucks,
tractor-trailers, construction equipment and farm machinery.
Shall mean any container, drum, box, cylinder or tank used
to hold, contain, carry or store any hazardous material.
Shall mean a duly incorporated volunteer fire, ambulance,
first-aid, emergency or rescue company or squad.
[1974 Code § 12-40; Ord. #90-49]
a.
This section provides for the replacement or reimbursement of the
specialized and sometimes nonreusable equipment required by State
and Federal regulations to be made available by the Township in case
of leakage, unwarranted discharge, release or spillage involving any
hazardous materials.
b.
This section entitles the Township of Woodbridge, any of its local
government units or volunteer organizations to reimbursement for any
expendable items and labor costs used by the Township, local government
unit or volunteer organization in stopping, containing or controlling
any leak, unwarranted discharge, release or spill of hazardous materials,
hazardous substance or hazardous waste.
[1974 Code § 12-141; Ord. #90-49]
Reimbursement to the Township of its local government units
or volunteer organizations for any expendable items and labor costs
used shall be made to the following parties:
a.
The owner or operator of any vehicle responsible for any leak, unwarranted
discharge, release or spill of a hazardous material.
b.
The owner, operator or person responsible for any vessel containing
hazardous materials involved in any leak, unwarranted discharge, release
or spill on public or private property, whether stationary or in transit,
whether accidental or through negligence.
c.
The owner, operator or person responsible for any property from which
any leak, unwarranted discharge, release or spill of hazardous material
emanates, whether accidental or through negligence.
d.
Any person responsible for any leak, unwarranted discharge, release
or spill of hazardous materials on public or private property, whether
accidental or through negligence.
[1974 Code § 12-142; Ord. #90-49]
Any person or company responsible for any leak, unwarranted
discharge, release or spill involving a hazardous material must provide
reimbursement for services rendered by any recovery company, towing
company or other technical assistance called for by the Emergency
Management Coordinator of the Township.
[1974 Code § 12-143; Ord. #90-49]
Any person, owner or operator or company responsible for any
leak, unwarranted discharge, release or spill of hazardous materials
or hazardous waste shall reimburse the Township or any of its local
government units or volunteer organizations for the full price of
any expendable items and labor costs used to stop, contain or control
such a leak, unwarranted discharge, release or spill within a period
of thirty (30) days after receipt of a bill for such items from the
Emergency Management Coordinator of the Township.
[1974 Code § 12-144; Ord. #90-49]
Any person, owner, operator or company responsible for any leak, unwarranted discharge, release or spill of hazardous materials or hazardous waste who fails to reimburse the Township or any of its local government units or volunteer organizations within the time set forth in this Article shall be liable, upon conviction, to a fine of not less than fifty ($50.00) dollars nor more than the penalty established in Section 1-5 and shall continue to be responsible for the costs associated with the leak, unwarranted discharge, release or spill.
[1974 Code § 12-145; Ord. #90-49]
This section shall not limit the rights of third parties to
seek recovery from any responsible party for costs incurred in connection
with any leak, unwarranted discharge, release or spill of hazardous
materials.
[1974 Code § 12-146; Ord. #90-49]
Nothing herein contained shall be deemed to limit the Township
of Woodbridge from exercising any other right or power granted by
the Federal, State or local government to effectuate the purpose of
this section or to protect the health of the Township.
