[Ord. No. 10-2020, § 1]
The purpose and intent of this chapter is to authorize and direct
the cleanup, containment and abatement of any hazardous and/or toxic
substance discharges or spills and to provide for the total reimbursement
and recovery of all costs to the Borough of Morris Plains. It shall
be the responsibility of the Borough's Emergency Management Coordinator
to seek full restitution and recovery of all costs related to said
cleanup, removal and abatement activities incurred by the Borough
of Morris Plains.
[Ord. No. 10-2020, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
All costs incurred by the Borough in connection with a discharge
of a hazardous or toxic substance as follows:
In the removal or attempted removal of hazardous or toxic substances.
In performing reasonable measures to prevent, contain or mitigate
damage to the health, safety or welfare of the public, including but
not limited to public, semipublic and private property, surface waters,
subsurface waters, water columns and bottom sediments, soils and other
affected property, including wetlands, wildlife and other natural
resources within the environment.
The Morris Plains Department of Public Works.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous or toxic substances into the waters, onto
the lands or into the air, which may or does cause damage or result
in damage to the lands, waters, air or natural resources of the environment.
Includes any apparatus, equipment, materials and personnel
of the Borough's Fire, Police and Public Works Departments.
The Morris Plains Fire Department.
Those elements and compounds, including petroleum products,
which are defined as such by the New Jersey Department of Environmental
Protection and Energy, or as defined in the National Fire Protection
Association Guide of Hazardous Materials, or as are set forth in the
list of hazardous substances adopted by the Federal Environmental
Protection Agency (EPA), or as are defined on the list of toxic pollutants
designated by the United States Congress or the Federal EPA. For the
purpose of this chapter, however, sewage and sewage sludge shall be
considered as "hazardous substances."
Any public or private corporations, associations, societies,
firms, agencies, partnerships, joint-stock companies, individuals,
not-for-profit service organizations or any other entity.
Includes 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 substances
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
The Morris Plains Police Department.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery and military vehicles and equipment.
[Ord. No. 10-2020, § 1]
The Borough of Morris Plains, its departments and/or agents
are hereby authorized and directed to contain, clean up, remove and
abate any discharges and/or spills of hazardous substances, toxic
materials as regulated by the New Jersey Department of Environmental
Protection and Energy and the United States Environmental Protection
Agency within the geographic boundaries of the Borough.
[Ord. No. 10-2020, § 1]
(a)Â
Any person who causes an intentional or unintentional act or emission,
or is otherwise responsible for the discharge and/or spill of hazardous
substances which requires containment, cleanup and/or abatement shall
be liable and responsible for the payment of all costs incurred by
the Borough or any of its departments or agents, as a result of such
cleanup or abatement activity. The remedy provided by this chapter
shall be in addition to any other remedies provided by law.
(b)Â
Any person who owns or operates any vehicle or equipment which causes
a fire, leak, discharge and/or spill of hazardous substances onto
any public, semipublic or private property shall be responsible and
liable for reimbursing the Borough in full for all costs incurred
by the Borough in the rendering of services by any of its departments
or agents for the cleanup, containment and abatement of said hazardous
spills.
[Ord. No. 10-2020, § 1]
For the purposes of this chapter, costs incurred by the Borough
of Morris Plains or any of its departments or agents, including the
Police, Fire and Public Works Departments, shall include but shall
not necessarily be limited to the following: actual labor costs of
personnel, including workers' compensation benefits, fringe benefits,
administrative overhead, cost of equipment and equipment operation,
cost of materials, goods and supplies and the cost of any outside
contractors for labor, materials, goods and equipment.
[Ord. No. 10-2020, § 1]
(a)Â
The cost of materials and/or equipment to be reimbursed to the Borough
of Morris Plains, or any of its departments or agents, shall include,
without limitation, firefighting foam, chemical extinguishing agents,
absorbent material, sand and sand recovery drums, booms, lumber construction
material and specialized protective equipment and clothing, including
but not limited to acid suits, acid gloves, goggles and protective
clothing. This list is not all-inclusive and may include any other
goods, materials or equipment utilized by the Borough and/or its departments
in the cleanup, containment or abatement of any hazardous discharge
as described in this chapter.
(b)Â
Within seven business days from the date of a cleanup, the Borough's
Police Chief, Fire Chief and DPW Superintendent and any other agents
of the Borough associated with the cleanup, containment or abatement
of hazardous substances shall present to the Borough's Emergency
Management Coordinator a specific itemization of all costs associated
with a containment, cleanup and/or abatement. Upon receipt, the Borough's
Emergency Management Coordinator shall send the person(s) responsible
for the discharge of the hazardous substance or material a letter
requesting direct payment(s) to the Borough, including a statement
of charges. Such person(s) shall be advised that full payment(s) are
expected within 30 calendar days after receipt of a statement of charges.
[Ord. No. 10-2020, § 1]
(a)Â
Any person responsible for the discharge and/or spill of hazardous substances, and who fails to reimburse the Borough in full, within the time frame prescribed by § 30-6 of this chapter, shall, upon conviction in the Municipal Court, be subject to one or more of the following penalties: a fine not exceeding $2,000; imprisonment up to 90 days; or a period of community service not exceeding 90 days. These penalties shall be in addition to any other penalties prescribed and levied by the State of New Jersey and/or the federal government.
(b)Â
The imposition of any penalties through the Municipal Court shall
not in any way relieve the person found guilty from making full reimbursement
to the Borough for all costs associated with a containment, cleanup
and/or abatement of hazardous substances.
