[1972 Code § 30-1]
The purpose and intent of this section is to establish regulations
and guidelines for the abatement and/or cleanup of hazardous waste
deposits upon or into the property or facilities within the City of
Bayonne.
[1972 Code § 30-2]
As used in this section:
Shall mean any substance or material in a quantity or form
which, in the determination of the Director of the Department of Public
Safety or the Health Officer, or their designated representative,
poses an unreasonable and imminent risk to the life, health or safety
of persons or property, or to the ecological balance of the environment,
and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum or petroleum products or gases, poisons,
etiologic (biologic) agents, flammables and corrosives.
Shall mean any natural person or persons, corporation, partnership,
association or any other organization.
[1972 Code § 30-3; Ord. No. O-09-28 § 2]
Any person who intentionally, negligently or in any way causes
any deposits of hazardous waste upon or into any property or facility
within the City shall be liable for the payment of all costs incurred
by the City of Bayonne Department of Public Safety, Division of Health
or Department of Public Works and Parks, or any other municipal department
or agency in abating and/or cleaning up hazardous wastes as expressly
authorized and directed by the City of Bayonne. Such costs as herein
provided shall include, but not be limited, to the following: labor
costs for City personnel, or any other outside agency, public or private,
administrative costs; costs of running equipment or costs of using
such equipment; costs of materials used, and any other cost incidental
thereto for the purpose of meeting and intent and purpose of this
section. Such payment shall be remitted to the City within 10 days
of such notice of payment; such notice shall be sent certified mail,
return receipt requested, or hand delivered.
[1972 Code § 30-4]
a.
This section is not intended to preempt or be inconsistent with any
other law or regulations, but is intended solely for the recoupment
of costs heretofore provided. This section shall be in addition to
any other penalties or remedies as provided by law.
b.
In the event that such hazardous waste is deposited on property,
as aforesaid, by any person who owns such property, the City of Bayonne
may place a municipal lien against such property for the costs pursuant
to this section, provided the City acts in accordance with State law,
including N.J.S.A. 40:48-2.13.
[1972 Code § 30-5; Ord. No. O-09-28 § 2]
This section shall be enforced by the Division of Health and
the Director of the Department of Public Safety, who shall each be
deemed the "enforcement officer."
[1972 Code § 30-6]
Whenever the enforcement officer or his designee determines
that there has been a deposit of hazardous waste, he shall order the
property owner to abate and/or cleanup same, or act to abate and/or
clean up same, and thereafter notify such person of the cost incurred
by the City.
[1972 Code § 30-7]
[1972 Code § 6-11]
It shall be unlawful for any person manufacturing, dealing in
or handling petroleum or any of the products thereof or any flammable
liquid or substance whatsoever, to discharge or deposit any such liquid
or substance into the sewage disposal system of the City, through
which it may reach or enter the tidewaters of the bays or rivers surrounding
the City.
