Township of Wantage, NJ Hazardous Materials

§ 24-1 REIMBURSEMENT TO TOWNSHIP FOR CONTAINMENT OR CLEAN-UP.

[Ord. #94-05]

This section provides for the reimbursement to the township for the cost of the replacement of expended resources and non-reusable equipment maintained or procured by the township and used in the case of a release or threatened release of any hazardous materials.

This section entitles the township to reimbursement for the costs of replacing non-reusable equipment and expended resources utilized by the township or any of its agencies in stopping or containing any release of a hazardous material during an emergency response action.

§ 24-1.2 Definitions.

EMERGENCY RESPONSE ACTION - Shall mean all of the activities conducted by the township or one of its agencies to clean-up, remove, prevent, contain or mitigate a discharge of hazardous materials that pose an immediate threat to the environment or to the public health, safety or welfare.

HAZARDOUS MATERIALS - Shall mean any material, solid, liquid or gas, listed as such under the N.F.P.A. Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et seq.), and the list of toxic pollutants designated by Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, as well as any hospital or medical waste.

I.C.S. (INCIDENT COMMAND SYSTEM) - Shall mean the management system which combines facilities, equipment, personnel, procedures, and communications operating within a common organizational structure with responsibility for management of assigned resources to effectively accomplish stated objectives at the scene of an incident.

OEM TOWNSHIP OF WANTAGE OFFICE OF EMERGENCY MANAGEMENT - Shall mean personnel appointed by the township committee responsible for planning, activating coordinating, responding to and conducting of emergency/disaster control operations within the Township of Wantage.

EXPENDED RESOURCES - Shall mean, in general, those resources expended that are reasonably necessary and allocable to the emergency response action. Expended resources shall include, but are not limited to the following:

Materials and supplies acquired, consumed or expended specifically for the purpose of the emergency response action.

Compensation of employees or independent contractors for the time and efforts developed specifically to the emergency response action.

Rental or leasing of equipment used specifically for the emergency response action (such as protective, scientific and technical equipment, and clothing).

Replacement costs for equipment owned by the township, the township's fire department, fire companies or a mutual aid company or department, that is contaminated beyond reuse or repair, if the loss occurred during an emergency response action (such as self-contained breathing apparatus irreparably contaminated during the response).

Decontamination of equipment and personnel contaminated during an emergency response action.

Special technical services specifically required for an emergency response action (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the township).

Other special services specifically required for the emergency action.

Laboratory costs of analyzing samples taken during the emergency response action.

Costs of cleanup, storage or disposal of the released material.

10.

Costs associated with services and supplies procured in response to an evacuation resulting from a release.

11.

Medical expenses incurred, including post-exposure medical surveillance.

12.

Legal expenses incurred as a result of the emergency response action including costs and fees incurred in recovering expenses pursuant to this ordinance and expert witness fees.

§ 24-1.3 Office of Emergency Management, Establishment.

The office of emergency management (OEM) shall be and is hereby established as an agency of the Township of Wantage. Said office shall consist of a director and such other personnel as may from time to time be appointed by the township committee. The OEM shall serve as the local Wantage Township lead agency responsible for control operations and coordination of hazardous material spill, release, leak or fire within the boundaries of the township.

All organizations, individuals, employees, agents, officers and officials responding to a hazardous material incident within the Township of Wantage shall operate under the Incident Command system under the general direction of the director of the office of emergency management.

§ 24-1.4 Parties Responsible for Reimbursement.

Reimbursement to the township for the costs of any expended resources shall be made by the following parties jointly and severally:

The owner and/or operator of any vehicle responsible for and contributing to any release or threatened release of hazardous materials.

The owner and/or person responsible for any vessel containing hazardous materials involved in or contributing to any release or threatened release on public or private property whether stationary or in transit, whether accidental or through the negligence of the owner or person responsible for the vessel.

The owner and/or person responsible for any property from which any release or threatened release of hazardous material emanate, whether accidental or through the negligence or intentional acts of the owner or person responsible for the property.

Any person responsible for or contributing to any release or threatened release of hazardous material on public or private property whether accidental or through the negligence or intentional acts of the person responsible for contributing to the release or threatened release.

§ 24-1.5 Reimbursement for Services for Recovery Company, Towing Company or Technical Assistance.

Any person or company responsible for or contributing to any release or threatened release of a hazardous material must provide reimbursement directly to the township for services rendered by any recovery company, towing company or other technical assistance required by the township to handle such incident.

§ 24-1.6 Period for Payment.

Any person, owner or company responsible for or contributing to any release or threatened release of hazardous materials shall reimburse the Township of Wantage for the full price of replacing any non-reusable equipment or expended resources used in an emergency response action concerning any release or threatened release within a period of 45 days after receipt of a bill for such items from the township.

§ 24-1.7 Penalties.

Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Township of Wantage within the time set forth in this section shall be subject to one or more of the following: imprisonment in the county jail for a term not to exceed 90 days; or a fine not to exceed $1,000 or both.

§ 24-1.8 Conflict with State or Federal Law.

Nothing in this section shall be construed to conflict with State or Federal laws requiring persons causing or responsible for any release of a hazardous material to engage in remediation activities or pay the costs thereof, or both.

§ 24-1.9 Remedies Not Exclusive.

This section does not preclude or precede any other remedy that may be available to the township for reimbursement for expended resources as specified herein.