[Ord. #O-08-13, S 1]
The following terms shall have the meanings indicated:
Shall mean a calculation of reimbursement costs for items,
plus any and all wages paid, plus an hourly rate for use of any and
all equipment, plus any and all administrative costs.
Shall mean spilling, leaking, flowing or running of substances
into the environment, without regard to cause, and shall include causes
that are man-made, natural, accidental, unavoidable or from any cause
whatsoever.
Shall mean the air, ground and waters in and adjoining the
Borough of West Long Branch.
Shall mean any items used to stop or contain any discharge
involving any hazardous material which cannot be used again or cannot
be replenished without cost after that particular incident. These
expendable items include, but are not limited to, firefighting foam,
chemical extinguishing agents, absorbent and nonabsorbent materials,
brooms, pads, pillows, rope, sand, recovery drums and any protective
equipment and clothing, including but not restricted to chemical protective
suits, chemical protective gloves, goggles and any other item owned
or controlled by the Borough of West Long Branch, its employees, agents,
officers and/or officials.
Shall mean any material, solid, liquid or gas, listed as
such under the National Fire Protection Association 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 the Congress of the EPA, pursuant to Section 307 of the Federal
Water Pollution Control Act, and any hospital or medical waste, including
but not limited to syringes, bandages and discarded pharmaceutical
products or any substance on the New Jersey Hazardous Substance List.
[Ord. #O-08-13, S 2]
a.
It shall be unlawful for any person to permit or to be responsible
for the emission of any substance into the environment of the Borough
of West Long Branch.
b.
It shall be unlawful for any person to fail to pay compensation to
the Borough of West Long Branch within 30 days following his receipt
of a bill for compensation pursuant to this section.
[Ord. #O-08-13, S 3]
Whenever the Borough of West Long Branch, through the offices
of the Health Officer, Chief of Police, Fire Chief, Fire Marshal's
Office, Code Enforcement and/or Emergency Management Coordinator identifies
an emission into the environment of the Borough of West Long Branch
of any substance in such a manner so that, in the professional opinion
of one of the above-named officials, immediate cleanup and/or mitigation
is required, the official shall order, which order may be verbal,
the responsible person to take immediate action to abate the emission.
Should the responsible person not be available, or for whatever reason
not take the action directed by the official, in his/her professional
opinion, then the agent or official of the Borough of West Long Branch
may, at his discretion, engage Borough of West Long Branch personnel
and/or supplies and/or equipment and/or expendable items and/or contract
in the name of the Borough of West Long Branch qualified private entities
to take action to immediately abate and/or clean up and/or mitigate
the emission. The responsible person shall then be billed by the Borough
of West Long Branch for all costs incurred in this action in response
to the emission.
[Ord. #O-08-13, S 4]
From and after the effective date of this section,[1] any person, corporation, partnership or other legal entity
shall be required to reimburse the Borough of West Long Branch for
any violation of the subsections of this section.
[Ord. #O-08-13, S 5]
This section shall apply to any hazardous spill that is the
result of any traffic accident arising in the Borough of West Long
Branch or any hazardous spill arising from the discharge of hazardous
materials from any automobile or equipment on the streets of the Borough
of West Long Branch or any public property or the air or waters contiguous
to the Borough of West Long Branch from any source.
[Ord. #O-08-13, S 6]
In the event that the West Long Branch Police Department or
Fire Department or any Health Officer or Code Official of the Borough
of West Long Branch is called out to abate a spill, or shall be asked
to investigate any traffic accident, or is called upon to investigate
any condition on the Borough streets, or sees any of the conditions
set forth in this section, the appropriate officer shall make an investigation
of the scene to determine whether hazardous materials have been spilled
onto the roadways of the Borough of West Long Branch or other public
or private property or water in the Borough or the air or waters contiguous
to the Borough of West Long Branch.
[Ord. #O-08-13, S 7]
a.
After an investigation, the appropriate officer, as set forth in
the preceding section, shall be authorized to issue a summons to the
owner and/or operator of any such vehicle or agent or responsible
person of any instrumentality which discharges hazardous substances
onto the streets or other public or private property or air or water
in the Borough of West Long Branch. Said summons will be returnable
in the Municipal Court of the Borough of West Long Branch and, upon
conviction of any offense, the offender, owner and/or driver of said
vehicle or agent or responsible person of the instrumentality of such
discharge shall be subject to the following penalties.
1.
A fine in an amount not to exceed one thousand two hundred fifty
($1,250.00) dollars.
2.
The defendant shall be required, as an additional penalty of the
Municipal Court, to repay to the Borough of West Long Branch the cost
of cleanup of the hazardous spill, which shall include the cost of
the product necessary to be used on the roadway and/or streets of
the Borough of West Long Branch and for any cost of manpower and equipment
used by the Public Works Department or Fire Department of the Borough
of West Long Branch or any agents, representatives, contractors or
otherwise hired by the Borough of West Long Branch to clean up said
hazardous spill. The Borough of West Long Branch is further authorized
to apply to any appropriate judicial body, including the Superior
Court of New Jersey, for reimbursement for the full cost of cleanup
of the hazardous spill that is incurred by the Borough of West Long
Branch. Any funds recovered shall be returned to the line item used
to purchase the materials used.
b.
It shall be the responsibility of the Borough of West Long Branch
to present the judge of the Municipal Court a list of the expenses
incurred, limited to the cost of the product necessitated for the
cleanup, any overtime as paid to any Borough employee(s) and the cost
of any equipment used by the Borough of West Long Branch necessitated
in said cleanup. The Borough of West Long Branch is further authorized
to present to the appropriate judicial body, including the Superior
Court of New Jersey, whether by complaint or other application, a
list of the expenses incurred, and take whatever steps necessary for
application for reimbursement.
[Ord. #O-08-15, S 1]
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Borough
of West Long Branch, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #O-08-15, S 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (N.J.P.D.E.S.) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of West Long Branch, unless
that discharge is authorized under a N.J.P.D.E.S. permit other than
the Tier A Municipal Stormwater General Permit. Non-physical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. 1317 (a), (b), or (c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of West Long Branch or other public body,
and is designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (N.J.P.D.E.S.) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may, however, contain algaecides or biocides
to control fouling of equipment such as heat exchangers and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #O-08-15, S 3]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of West Long Branch any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. #O-08-15, S 4]
This section shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of West Long Branch.
[Ord. #O-08-15, S 5]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $50 but
not to exceed fifteen hundred ($1,500.00) dollars.
