[Ord. No. HO2014-02]
This Article shall be known as the "Removal and Clean-up of
Hazardous or Toxic Substance Discharge Ordinance of the Borough of
North Plainfield."
[Ord. No. HO2014-02]
The purpose and intent of this Article is to authorize and direct
the removal, cleanup, containment and abatement of any hazardous and/or
toxic substance discharge or spill within the Borough and to provide
for the reimbursement and recovery of all associated costs from the
responsible persons.
[Ord. No. HO2014-02]
It shall be the responsibility of the Borough Administrator,
in cooperation with other Borough department heads, to authorize and
direct the activities necessary to effect the containment, abatement,
removal and cleanup of any such discharge or spill within the Borough;
the Borough Administrator shall also be authorized to seek full reimbursement
for the recovery of all costs related to any removal and cleanup activities
performed by Borough forces. The removal and cleanup of discharges
of hazardous substances by the Borough shall be consistent with the
regulations established by the New Jersey Department of Environmental
Protection and the United States Environmental Protection Agency.
[Ord. No. HO2014-02]
As used in this Article, the following terms shall have the
meanings indicated:
Includes the Fire Department, First Aid Squad, Borough Road
Department, Department of Public Works, Police Department, Sewerage
Authority and the Office of the Administrator.
Any action, intentional or unintentional, or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous or toxic substances into the waters, onto
the lands or into the air, which threatens or does cause damage to
Borough property or Borough residents and threatens the environment.
Includes any apparatus, equipment, materials and personnel
within the Borough and allocated to or controlled by the Borough Police,
Health and Public Works Departments, Office of the Administrator,
Fire Department and First Aid Squad.
Those elements, gases, compounds and petroleum products which
are defined as such by the New Jersey Department of Environmental
Protection, or as defined in the National Fire Protection Association
Guide of Hazardous Materials, or as are set forth in the list of hazardous
substances adopted by the United States Environmental Protection Agency
(EPA), or as are defined on the list of toxic pollutants designated
by the United States Congress or the Federal Environmental Protection
Agency. For the purpose of this Article, sewage and sewage sludge
shall also be considered as "hazardous substances."
Any public or private corporations, associations, societies,
firms, agencies, partnerships, joint-stock companies, individuals,
not-for-profit service organizations or any other entity, private,
public or commercial.
Includes 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.
All costs incurred by the Borough as a result of a discharge
of hazardous or toxic substance as follows:
In the removal or attempted removal of hazardous or toxic substances;
or,
In performing reasonable measures to prevent, contain or mitigate
damage to the health, safety or welfare of the public, including but
not limited to public, semipublic and private property, surface waters,
subsurface waters, water columns and bottom sediments, soils and other
affected property, including wetlands, wildlife and other natural
resources within the environment.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery and military vehicles and equipment.
[Ord. No. HO2014-02]
a.
Any person who, through an intentional or unintentional act or omission
and/or is otherwise responsible for the discharge of hazardous substances
which requires containment, abatement or removal, shall be liable
and responsible for the reimbursement and payment of all costs incurred
by the Borough or any of its departments or agents or contracted employees
as a result of such cleanup activity. The remedy provided by this
Article shall be in addition to any other remedies provided by law.
b.
Any person who owns or operates any vehicle or equipment which causes
a leak, spill or fire of hazardous material on any public, semipublic
or private property within the Borough shall be responsible and liable
for the reimbursement to the Borough in full for all costs incurred
by the Borough in the rendering of the necessary services, containment
and abatement or removal of said hazardous condition.
[Ord. No. HO2014-02]
a.
For the purposes of this Article, costs incurred by the Borough shall
include but shall not necessarily be limited to the following: actual
labor costs of personnel, including workers' compensation benefits,
fringe benefits, administrative overhead, cost of equipment and equipment
operation, fire-fighting foam, chemical extinguishing agents, absorbent
material, sand and sand recovery drums, booms and specialized protective
equipment and clothing, including but not limited to acid suits, acid
gloves, goggles and protective clothing, costs of materials, goods
and supplies and the cost for the contracting for services and materials
not provided by the Borough but supplied at its direction and authorization.
b.
Within 10 calendar days from the date of a cleanup, all persons having
participated in the cleanup and being responsible for the expenditure
of funds, private or public, shall present to the Borough Administrator
a specific itemization of all costs associated with containment, abatement,
removal and cleanup. Upon receipt, the Borough Administrator shall
send the person(s) responsible for the discharge of the hazardous
substance or material a letter directing payment(s) to either the
Borough or such other person who has a legal claim to payment or reimbursement.
Such person(s) shall be advised that full payment(s) is expected within
30 calendar days after receipt of the statement of charges.
a.
Unless another specific penalty is provided by law, any person, firm or entity responsible for the discharge of a hazardous or toxic substance and who fails to reimburse the Borough or its directed payee in full within the time frame prescribed under this Article shall be subject, upon conviction in the Municipal Court, to a fine not to exceed the maximum penalty stated in subsection 26-2.9 of the Borough Code, entitled Board of Health Violations and Penalties, per each offense or incident together with the costs of prosecution plus any reasonable additional charges incurred by the Borough and/or imprisonment for a period not exceeding 90 days, or both. A separate offense or incident shall be deemed committed on each day during which a violation occurs or continues. The penalties imposed hereunder shall be in addition to any other penalties prescribed and levied by the State of New Jersey and/or the Federal government.
b.
The imposition of any penalties through the Borough's Municipal Court
shall not in any way relieve the person found guilty from making full
reimbursement to the Borough.
c.
In the event that said cleanup is on private property or emanates
from private property and that property owner is proven responsible,
any such unpaid moneys owed by that property owner shall become a
lien on said property, subject to collection by the Borough as provided
for by law, with costs, interest and attorney's fees.
[Ord. No. HO2014-02; Ord. No. HO 2016-02 § 10]
d.
(Editor's Note: Penalties shall comply with N.J.S.A. 26:3-70 and
N.J.S.A. 26:1A-10.)
