[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:
- CLEANUP AND REMOVAL COSTS
- 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.
- HAZARDOUS SUBSTANCE
- 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.