[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:
BOROUGH
Includes the Fire Department, First Aid Squad, Borough Road
Department, Department of Public Works, Police Department, Sewerage
Authority and the Office of the Administrator.
DISCHARGE
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.
EMERGENCY APPARATUS AND PERSONNEL
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.
HAZARDOUS SUBSTANCES
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."
PERSON
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.
PETROLEUM
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.
REMOVAL AND CLEANUP COSTS
All costs incurred by the Borough as a result of a discharge
of hazardous or toxic substance as follows:
a.
In the removal or attempted removal of hazardous or toxic substances;
or,
b.
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.
VEHICLE
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.