[HISTORY: Adopted by the Township Committee of the Township of West Deptford as indicated in Article histories. Amendments noted where applicable.]
[Adopted 10-6-1988 by Ord. No. 88-15]
As used in this Article, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Township of West Deptford which shall include labor and material for the removal of hazardous substances or the taking of reasonable measures to prevent or mitigate damages to the public health, safety or welfare of the residents of the Township of West Deptford, including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dump or disposal of hazardous substances into the waters or lands within the Township of West Deptford, or outside the township when damage may result to the waters or lands inside the township.
- HAZARDOUS SUBSTANCE
- All elements and compounds, including petroleum products, as set forth within N.J.S.A. 58:10-23.11b, as amended.
- Any individual, public or private, corporation, company, association, society, firm, partnership or joint-stock company.
Any person who shall discharge hazardous substances within the Township of West Deptford shall be strictly liable for all cleanup and removal costs incurred by the Township of West Deptford or agencies and employees thereof.
Upon assessment of cleanup and removal costs, the person assessed may, within 10 days of receipt of such assessment, make a written request for a hearing before the Township Committee exclusively upon the reasonableness of the amount assessed.
The Emergency Management Coordinator of the Township of West Deptford shall have the full responsibility of assessing cleanup and removal costs and may consult the Township Engineer and other professionals to determine said costs.
In addition to the above, the person responsible shall be liable for all reasonable attorney's fees and any other costs, including engineering fees, incurred in the collection and assessment of cleanup and removal costs.