As used in this chapter, the following terms shall have the meanings
indicated:
CLEANUP AND REMOVAL COSTS
All costs associated with a discharge within the boundaries
of the Township, 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,
including the lands, private and public, therein.
DISCHARGE
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 Township or outside the Township when
damage may result to the waters or lands inside the Township.
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 chapter.
POTENTIALLY DANGEROUS SUBSTANCE
Any substance which is, in its production and/or disposal, regulated
by any governmental agency for the purpose of protecting health, safety or
welfare of citizens from the actual or potential threat imposed by noncompliant
production and/or disposal of such substances, and shall specifically include
chemical waste, sewage, septage or any other chemical or biological wastes.
REGULATED VEHICLE
Any vehicle duly authorized by the Board of Public Utilities or other
regulating agency of the State of New Jersey.
TRANSPORTATION
Movement from one location to another by use of a vehicle or container
upon public streets or highways.
Any person who shall discharge hazardous substances within the Township
shall be strictly liable for all cleanup and removal costs incurred by the
Township, or agencies and employees thereof.
Upon assessment of cleanup and removal costs, the person assessed may,
within 10 days of receipt of such assessment, make a written request for a
hearing before the Township Council 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.
No person shall transport a potentially dangerous substance through
the Township unless transportation is made on a duly regulated vehicle which
prominently displays a certificate of approval from an appropriate governmental
agency.
Violations of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I.