[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown upon adoption of Code. Amended in its entirety 9-12-95
by Ord. No. 495. Further amendments
noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown
in the County of Salem and State of New Jersey:
There is hereby established a Local Emergency Management Council
pursuant to N.J.S.A. App. A:9-41, et seq.
The Local Emergency Management Council shall be composed of
not more than 15 members to be appointed by the Mayor and hold office
at his will and pleasure. The municipal Emergency Management Coordinator
shall be a member of the Council and shall serve as the Chairperson.
The Local Emergency Management Council shall have all the functions,
powers and duties prescribed by N.J.S.A. App. A:9-41, et seq.
[Added 12-27-2018 by Ord. No. 2018-14]
A.
CLEAN UP AND REMOVAL COSTS
COSTS
DISCHARGE
HAZARDOUS SUBSTANCE
MATERIALS
PERSON
PETROLEUM PRODUCT
Definitions.
In this section, the following words and phrases shall have the following
meanings:
All costs incurred by the Borough or a volunteer services
company in (1) the removal or attempted removal of any hazardous substance;
or (2) the taking of reasonable measure to prevent or mitigate damage
to public health, safety or welfare, including but not limited to
public and private property, surface waters, subsurface waters, water
columns and bottom sediments, soils and other affected property, including
wildlife and other natural resources.
All costs incurred by the Borough or a volunteer services
company, including but not limited to the following: actual labor
costs of personnel, including workers' compensation benefits, fringe
benefits and administrative overhead; cost of equipment operation;
cost of materials; and the cost of any outside contract for labor
and materials. Said costs shall be in accordance with the FEMA fee
schedule and/or the actual purchase price of the materials used.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of any hazardous substances into the water, onto the land
or into the air.
Any elements and compounds, including petroleum products,
which are defined as such by the Department of Environmental Protection
of the State of New Jersey or as are defined in the N.F.P.A. Guide
of Hazardous Materials, or as are set forth in the list of hazardous
substances adopted by the Federal Environmental Protection Agency,
or as defined on the list of toxic pollutants designated by Congress
or the Environmental Protection Agency. This definition shall also
include substances that the Borough Emergency Management Coordinator
has reason to believe may be hazardous substances.
All materials, including but not limited to firefighting
foam, chemical extinguishing agents, absorbent material, sand recovery
drums and specialized protective equipment such as acid suits, acid
goggles and protective clothing.
Any public or private corporation, company, association,
society, firm, partnership, joint stock company, individual or other
entity.
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.
B.
Borough and
emergency services companies may undertake clean up. The Borough and
volunteer emergency services companies within the Borough are hereby
authorized to clean up and remove and discharge of hazardous substance
which occurs within the Borough of Woodstown, or outside the boundaries
of the Borough when authorized by agreement between the Borough and
any other governing body.
C.
Persons causing
discharge liable for costs. Any person who causes, by act or omission,
or is otherwise responsible for, a discharge of any hazardous substance
which is cleaned up or abated by the Borough of a volunteer emergency
services company, including the owner of real or personal property
from which a discharge of hazardous substances occurs, shall be liable
for the payment of all costs incurred by the Borough and the volunteer
emergency services company as a result of such clean up or abatement.
The remedy provided by this section shall be in addition to any other
remedies provided by law.
D.
Parties responsible
for reimbursement to Borough. Reimbursement to the Borough, voluntary
hazardous material response teams and others as hereinafter indicated
shall be made by:
(1)
The owner
or operator of the vehicle responsible for the hazardous material,
fire, leak or spill of hazardous material;
(2)
The owner
or person responsible for the vessel containing the hazardous material
involved in such fire, leak, or spill on public or private property,
whether stationary or in transit and whether accidental or through
negligence.
(3)
The owner
or person responsible for any property from which any leak or spill
of hazardous material emanates, whether accidental or through negligence;
and
(4)
The person
responsible for the hazardous material fire, leak or spill of hazardous
material on public private property, whether accidental or through
negligence.
E.
Reimbursement
for services of recovery company, towing company or technical assistance.
Any person and/or entity causing any hazardous material, fire, leak,
spill or release involving a hazardous material and substance shall
be responsible for all cots for services rendered by any recovery
company, towing company or any other technical assistance called for
by the Borough or by a volunteer emergency service company to handle
such incident. Whenever the Borough seeks to recover costs it shall
be the responsibility of the respective Department head or the Borough
Emergency Management Coordinator to provide a bill for materials and
services rendered to the Borough Clerk, who thereafter shall send
by certified and regular mail a demand letter to the responsible party
or parties, which shall contain:
(1)
The date
and time of the discharge;
(2)
The basis
for liability;
(3)
A detailed
narrative description of the costs incurred by the Borough, its employees,
agents, contractors and authorized political subdivisions in responding
to the discharge;
(4)
A calculation
sheet, including hours and personnel charged, salary rates and any
overhead rates; and
(5)
An explanation
of the procedures to be followed to pay the costs demanded or to appeal
the demand.
F.
Time limit
for payment of reimbursement. Any person and/or entity responsible
for any fire, leak or spill of hazardous materials shall reimburse
the Borough the full price of expendable items and costs used to extinguish
such fire, or to stop or contain such leak, or to control such spill
and for all costs and expenses set forth in this chapter within 45
days after receipt of a statement from the Borough outlining said
costs and expenses. Whenever the Borough issues a demand letter to
a responsible party and the responsible party fails to remit payment
within 45 days as prescribed herein, the Borough may bring an action
in a court of competent jurisdiction to recover the costs incurred
in the emergency response action, reasonable litigation costs and
interest on the outstanding amount due calculated from the 46th day
following the receipt of the demand letter to the date judgment is
rendered at the interest rate set forth in the Rules Governing the
Courts of New Jersey.