[HISTORY: Adopted by the Mayor and Township Committee of the Township
of Waterford 5-14-1997 by Ord. No. 97-6.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All costs associated with a discharge, as defined herein, within
the boundaries of the Township of Waterford, 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 Township of Waterford, including real property, both
private and public.
Any intentional or unintentional act or omission resulting in the
release, spill, leak, emission, dumping or disposal of hazardous substances
into the waters or lands within the Township of Waterford, or outside the
township when damage may result to the waters or lands within the township.
All elements and compounds, including petroleum products, as set
forth in 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.
Any individual, public or private corporation, companies, association,
societies, firms, partnerships or joint-stock companies.
After due investigation by the Township of Waterford, any person who
shall be found to have discharged hazardous substances within the township
shall be held strictly liable for all cleanup and removal costs incurred by
the Township of Waterford and its agents, servants and employees. Said person
shall receive written notification of the amount due. Payment is required
to be made to the township within 30 days of the date of notice.
Upon assessment of cleanup and removal costs, the person assessed may,
within 10 days of receipt of such notice of assessment, make a written request
for a hearing before the Township Committee. The hearing shall deal exclusively
with the reasonableness of the amount assessed. Liability will not be an issue.
The person responsible for the discharge shall be liable for all reasonable
attorney's fees and costs incurred in the collection of cleanup and removal
cost due to failure of the responsible person to remit payment as required
herein.
