[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-26-1996 by Ord. No. 96-2]
As used in this article, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Borough of Clementon which shall include labor and material for the removal 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 Borough of Clementon, including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dump or disposal of hazardous substances into the waters or lands within the Borough of Clementon or outside the Borough when damage may result to the waters or lands inside the Borough.
- HAZARDOUS SUBSTANCE
- 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 article.
- Any individual, public or private corporation, company, association, society, firm, partnership or joint-stock company.
Any person who shall discharge hazardous substances within the Borough of Clementon shall be strictly liable for all cleanup and removal costs incurred by the Borough of Clementon or agencies and employees thereof.
Upon assessment of cleanup and removal costs, the person may, within 10 days of receipt of such assessment, make a written request for a hearing before the governing body exclusively upon the reasonableness of the amount assessed.
The person responsible for the discharge shall be liable for all reasonable attorneys' fees and costs incurred in the collection of cleanup and removal costs.