[Adopted 5-28-2009 by Ord. No. 09-09]
In this article, the following words and phrases shall have
the following meanings:
CLEANUP AND REMOVAL COSTS
All costs incurred by the Township and/or the volunteer first
aid and rescues squad organizations and volunteer fire companies which
serve Bridgewater Township in the removal or attempted removal of
any hazardous substance; or the taking of reasonable measures to prevent
or mitigate damages 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.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of any hazardous substance into the water, onto the land
or into the air.
HAZARDOUS SUBSTANCE
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 are defined on the list of toxic pollutants designated by the
United States Congress or the Federal Environmental Protection Agency.
This definition shall also include substances that the Emergency Management
Coordinator of the Township reasonably believes based on information
obtained at the site of any discharge may be hazardous substances.
MATERIALS
All materials, including, but not limited to, fire-fighting
foam, chemical extinguishing agents, absorbent materials, sand recovery
drums, and specialized protective equipment such as acid suits, acid
gloves, goggles and protective clothing.
PERSON
Any public or private corporation, company, association,
society, firm, partnership, joint stock company, limited-liability
company, individual or other entity.
PETROLEUM PRODUCTS
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.
VOLUNTEER AND EMPLOYEE COSTS
All costs incurred by the Township and/or the volunteer first
aid and rescue squad organizations and volunteer fire companies which
serve Bridgewater Township, including, but not limited to, the following:
The Township employee's hourly rate shall be 200% of the employee's
hourly salary which shall be established by ordinance. For volunteer
first aid, rescue squads and volunteer fire companies, the hourly
rate for the aforedescribed volunteers shall be $35 per hour. Cost
of equipment and its operation, cost of materials, and the cost of
any outside contract for labor and materials which may be awarded
by the Township or entered into by the aforementioned rescue squad
organizations and fire companies. A voucher shall be submitted to
the person as hereinafter defined which shall identify the personnel
performing the service, each date the service was performed, the hours
spent in one-quarter increments, the hourly rate and expenses incurred.
The Township and volunteer first aid and rescue squads and volunteer
fire companies serving the Township of Bridgewater may undertake cleanup.
The Township and the aforementioned volunteer organizations and companies
are hereby authorized to clean up and remove any discharge of hazardous
substances but not to exceed level one (first responder awareness
and first responder operational) which occurs within the Township,
or outside the boundaries of the Township when authorized by agreement
between the Township and the governing body of any other municipality.
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 Township or the aforementioned volunteer organizations
and companies, including the owner of real or personal property from
which a discharge of hazardous substances occurs, shall be responsible
for the payment of all cleanup and removal costs and all volunteer
employee costs incurred by the Township and the aforementioned volunteer
organizations and companies as a result of such cleanup or abatement.
The remedy provided by this section shall be in addition to any other
remedies provided by law.
[Added 5-23-2024 by Ord. No. 24-06]
The Township Office of Emergency Management will be responsible
for collecting the data and preparing the reimbursement request to
the responsible party. The Township of Bridgewater will add an administrative
fee of 10% to the reimbursement request to cover the cost associated
with the preparation of the reimbursement request. Upon receipt, the
10% administrative fee will be dedicated to the Office of Emergency
escrow account to assist the Township in preparing for future emergencies.
[Added 5-23-2024 by Ord. No. 24-06]
Any person, owner or company responsible for any fire, leak
or spill of hazardous substance shall reimburse the Township of Bridgewater
for the full price of any expendable items used to extinguish such
a fire, to stop or contain such a leak or to control such a spill
within a period of 45 days after receipt of a bill for such items
from the Township of Bridgewater.
[Added 5-23-2024 by Ord. No. 24-06]
Any person, owner or company responsible for any fire, leak
or spill of hazardous substance who fails to reimburse the Township
of Bridgewater within the time set forth in this article shall be
subject to a fine of not less than $50 nor more than $100 per day
or by imprisonment for a period of not more than six months, or both.