[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.
DISCHARGE
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.
PERSON
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.