[HISTORY: Adopted by the Township Council of the Township
of Gloucester 12-27-1993 by Ord.
No. O-93-61. Amendments noted where applicable.][1]
[1]
Editor's Note: Former Ch. 43, Construction Codes, Uniform, consisting of Art. I, Administration and Enforcement by Township, adopted 1-14-1977 by Ord. No. O-76-40, and Art. II, Administration and Enforcement by Department of Community Affairs, adopted 6-9-1980 by Ord. No. O-80-16, was repealed 4-10-1989 by Ord. No. O-89-14. See now Ch. 20, Uniform Construction Codes.
This chapter is enacted pursuant to N.J.S.A. 40:42-1 et seq.,
the Home Rule Act which directs municipalities to act to provide for
the health, welfare and safety of its citizens.
As used in this chapter, the following terms shall have the
meanings indicated:
All costs associated with a discharge within the boundaries
of the Township of Gloucester, which shall include labor and material
for disposal of hazardous substances or taking of reasonable measures
to prevent or mitigate damages to the public health, safety or welfare
of the residents of the Township of Gloucester, including the lands,
private and public, therein.
The Township of Gloucester.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into any waters or on any lands
within the jurisdiction of the Township of Gloucester.
Any items used to extinguish or prevent any hazardous material
or hazardous substance, fire, or stop or contain any leak, release
or spill involving any hazardous material or hazardous substance which
cannot be reused 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 materials,
sand, recovery drums, and any protective equipment and clothing to
include, but not restricted to, chemical protective suits, chemical
protective gloves, goggles, and any other item owned or controlled
by the Township of Gloucester.
Any material, solid, liquid or gas, listed as such under
the NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, and as set forth under N.J.S.A. 58:10-23.11b.
All elements and compounds, including petroleum products,
as set forth within N.J.S.A. 58:10-23.11b, as amended, except that
sewage and sewage sludge shall be considered "hazardous substances"
for the purpose of this chapter. The list of hazardous substances
adopted by the Federal Environment Protection Agency (EPA) pursuant
to Section 311 of the Federal Water Pollution Control Act,[1] any hospital or medical waste, including but not limited
to syringes, bandages and discarded pharmaceutical products and any
material warranting removal or clean-up in the opinion of the Township
of Gloucester, Office of Emergency Management.
Any individual, public or private corporation, companies,
association, societies, firms, partnerships or joint-stock companies.
Includes the Gloucester Township employees, agents, officers,
officials, and supporting units as directed by the Office of Emergency
Management, including, but not limited to, police, Fire District personnel,
volunteer fire and rescue departments.
Any motorized equipment, registered or unregistered, including,
but not limited to, a passenger car, motorcycle, truck, tractor, construction
equipment, farm machinery, watercraft, aircraft and trains.
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous materials or hazardous substances,
whether or not said container was manufactured for the containment
of hazardous material or hazardous substances.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
A.
This chapter provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Township of Gloucester,
for costs expended, without regard to ownership, for the purpose of
mitigating, controlling or containing any incident in which a hazardous
material is involved in a leak, release or spill, or where the potential
thereof exists, or for the prevention of same.
B.
This chapter also provides for the reimbursement for the expense
incurred by the Township of Gloucester for the wages (regular or overtime)
paid to its employees, agent, or servants as a result of an incident
involving a hazardous material and for the costs of medical and hospital
treatment for injuries incurred by agents, servants, and employees
of the Township of Gloucester.
C.
This chapter
also provides for reimbursement by the person responsible for the
discharge for all reasonable attorneys' fees.
D.
This chapter also provides for full reimbursement to the Township
by the person or persons responsible not later than 45 days after
receipt of an itemized invoice from the Township of Gloucester.
E.
This chapter also provides for a penalty for the violation of this
chapter for either committing a spill or for failure to make reimbursement.
A.
The discharge of hazardous substances is prohibited. Any person who
has discharged or caused to be discharged, either intentionally or
unintentionally, directly or indirectly, a hazardous substance, or
who is in any way responsible for any hazardous substance which has
been or shall be discharged within the Township, shall be strictly
liable, jointly and severally, without regard to fault, and shall
be responsible for all cleanup and disposal costs, including all wages
(regular and overtime) paid and all costs of medical and hospital
treatment for injuries incurred by the agents, servants and employees
of the Township. This section shall not apply to discharge of hazardous
substances pursuant to and in compliance with the conditions of a
federal or state permit.
B.
Any person who may be subject to liability for a discharge, or becomes
aware of a discharge which occurred prior to or after the effective
date of this chapter, shall immediately notify the Township of Gloucester,
Office of Emergency Management at 228-4000 Ext. 430 or 228-4500.
C.
Whenever any hazardous substance is discharged, the Township may
in its discretion act to remove or arrange for the removal of such
discharge.
Reimbursement to the Township of items expended and cost incurred
shall be made by the owner or operator of the vehicle responsible
for or involved in the hazardous material fire, leak or spill of hazardous
material; 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; the owner or person responsible
for any property from which any leak or spill of hazardous material
emanates, whether accidental or through negligence; and the person
responsible for the hazardous material fire, leak or spill of hazardous
material on public or private property, whether accidental or through
negligence; and, further, this responsibility shall also apply to
all persons who have intentionally, unintentionally, directly or indirectly
discharged or caused to be discharged hazardous material substances
within the Township of Gloucester.
Any person causing, or the owner of any vehicle causing or involved
in, a hazardous material fire, leak or spill or release involving
a hazardous material must provide reimbursement for services rendered
by, or damage caused to any recovery company, towing company, Fire
Department, Rescue Department, or any other technical assistance called
for by the Township to handle such incident. In the event of a vehicle
having been responsible for an incident, such vehicle shall be impounded
until such time it is deemed safe to proceed by the responsible official
in conjunction and cooperation with the Township of Gloucester.
The person or entity responsible for or involved in any fire,
leak or spill of hazardous material who fails to reimburse the Township
shall be subject to a fine of not less than $100 nor more than $500
per day, or by imprisonment for a period of not more than six months,
or both. The person or entity responsible for committing a spill,
or who is involved in a spill, will be liable for the same penalties
as aforesaid stated.
