[Ord. No. 9-1994 § 1]
This chapter is enacted pursuant to New Jersey Law including, without limitation, N.J.S.A. 40:42-1, et seq. and N.J.S.A. 40:48-1 and other applicable enabling legislation permitting municipalities to take action to provide for the public health, safety and welfare. Pursuant thereto, the Township Committee does hereby adopt this section in order to provide that any costs and expenses incurred by the Township and by voluntary hazardous material response teams (including those who respond through mutual aid including, without limitation, fire companies and first aid squads and those as spelled out in the Emergency Management Plan of Upper Freehold Township) shall be borne by the spiller or responsible party or releasor of such hazardous materials or substances and pollutants as defined herein and as may be set forth and defined under New Jersey law including, without limitation, those hazardous substances, chemicals, pollutants and materials that may be defined in any Act of the State of New Jersey including, without limitation, the Spill Compensation and Control Act and such legislation and regulations that define same and as also provided under the N.F.P.A. Guide of Hazardous Materials; the New Jersey Department of Transportation Guidebook; the Hazardous Substances List adopted by the Environmental Protection Agency of the United States pursuant to the Clean Water Act, the Clean Air Act, the Federal Water Pollution Control Act and other pollutants and toxins designated by Congress or the EPA or N.J.D.E.P.E. as well as any hospital or medical waste, any materials or substances warranting removal or cleanup in the opinion of the Office of Emergency Management of the Township or the Monmouth County Board of Health.
[Ord. No. 9-1994 § 2]
As used in this section:
Shall mean the Township of Upper Freehold.
Shall mean any intentional or unintentional act, action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of this Township or any land within the corporate limits or jurisdiction of this Township.
Shall mean any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to fire fighting 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 items owned or controlled by the Township or any public related full time or voluntary response team.
Shall mean any material, solid, liquid or gas, listed as such under the N.F.P.A Guide Book of Hazardous Materials, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Amendment of 1972, as amended by the Clean Water Act of pollutants designated by Congress or 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, and any material warranting removal or cleanup in the opinion of the Upper Freehold Township Office of Emergency Management.
Shall mean and include the Upper Freehold Township employees, agents, officers, officials, and supporting units as directed by the Office of Emergency Management.
Shall mean any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, tank truck, construction equipment, farm machinery, watercraft, aircraft and trains.
Shall mean any container, drum, box cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not the container was manufactured for the containment of a hazardous material.
[Ord. No. 9-1994 § 3]
a.
Without limitation, this section provides for the reimbursement of any and all equipment utilized by the Township and others as defined for costs expended without regard to ownership for the purposes of mitigating, controlling or continuing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential exists, or for the prevention of same; also for the reimbursement for the expenses incurred by the Township for the wages (regular and overtime) paid to its employees, agents, or servants as a result of any incident involving a hazardous material fire, leak, release or spill of a hazardous material and for the costs incurred by agents, servants and employees of the Township and others as defined.
b.
This section also provides for penalties and as indicated aforesaid; provides for the repayment and collection of all expenses incurred by voluntary hazardous material response teams including those who respond through mutual aid such as fire companies and first aid squads and those as also may be spelled out in the Upper Freehold Township Emergency Operations Plan.
[Ord. No. 9-1994 § 4]
a.
The discharge of hazardous substances and materials is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in full authorized compliance with the conditions of a Federal or State permit.
b.
Any person who may be subject to liability for a discharge or become aware of a discharge which occurred prior to or after the effective dates of this section shall immediately notify Upper Freehold Emergency Management or the Township Clerk.
c.
Whenever any hazardous substance is discharged, the Township may in its discretion act to remove or arrange for the removal of such discharge.
d.
Any person who has discharged a hazardous material or substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance and material which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the costs of medical and hospital treatment for injuries and diseases incurred by the agents, servants and employees of the Township or others as defined herein.
[Ord. No. 9-1994 § 5]
Reimbursement to the Township, and Voluntary Hazardous Material Response Teams and others as hereinbefore indicated shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak or spill of hazardous material; by 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; by the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and by the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property whether accidental or through negligence. They are also to be deemed to be strictly liable for same.
[Ord. No. 9-1994 § 6]
Any person causing any hazardous material fire, leak, spill or release involving a hazardous material and substance must provide for services rendered by any recovery company, towing company 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 as it has been deemed safe to proceed by the responsible official in conjunction and in cooperation with Upper Freehold Township and the New Jersey State Police and until such time as arrangements have been made to reimburse the Township and the towing company for their expenditures under the terms of this section.
[Ord. No. 9-1994 § 7]
Any person responsible for any fire, leak, or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill and for all costs and expenses set forth in this section within 45 days after receipt of a bill. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect the costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of same.
[Ord. No. 9-1994 § 8; Ord. No. 112-03]
a.
The Township may seek such remedies in any Court as it may determine in its discretion.
b.
Any person violating any provisions of this section and any person violating and responsible for any fire, leak or spill of hazardous materials or substances who fails to reimburse the Township and others as provided herein within the time required shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Added 4-11-2024 by Ord. No. 336-24]
This section prohibits illicit connections to the municipal separate storm sewer system(s) operated by the Township of Upper Freehold, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Added 4-11-2024 by Ord. No. 336-24]
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 Chapter 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 (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Waste and wastewater from humans or household operations.
Any physical or non-physical 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 Township of Upper Freehold, unless that discharge is authorized under a NJPDES 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.
Non-domestic 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)).
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 Township of Upper Freehold or other public body, and is designed and used for collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A
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.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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.
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.
[Added 4-11-2024 by Ord. No. 336-24]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Upper Freehold any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Added 4-11-2024 by Ord. No. 336-24]
This section shall be enforced by the Township of Upper Freehold Code Enforcement Officer.