[HISTORY: Adopted by the Mayor and Council of the Borough of North
Brunswick 11-6-1989. Amendments noted where applicable.]
It is hereby found that there exists a need in the Township of North
Brunswick for the establishment of standards defining the financial responsibility
for the cleanup of hazardous materials discharges, leaks, spills and releases
performed by Township of North Brunswick personnel and with the use of equipment
owned or leased by the Township of North Brunswick. This finding is based
upon the increased amount of hazardous materials being transported in and
through the Township of North Brunswick and the considerable cost associated
with the cleanup of hazardous materials discharges, leaks, spills and releases.
The purpose of this chapter is to provide for the replacement and/or
reimbursement of specialized and sometimes disposable equipment required by
state and federal law to be available in the Township of North Brunswick in
order to cleanup a discharge, leak, spill or release of hazardous materials.
This chapter shall also entitle the Township of North Brunswick to reimbursement
for labor costs incurred in any such cleanup process.
Unless otherwise expressly stated, the following terms shall, for the
purpose of this chapter, be defined as follows:
Any items used to stop or contain any leak, unwarranted discharge,
release or spill involving any hazardous material which cannot be reused or
cannot be replenished without cost after that particular leak, unwarranted
discharge, release or spill. These include, but are not limited to, absorbent
material, sand, recovery drums and other specialized protective equipment,
including but not limited to acid suits, gloves, goggles and protective clothing.
Any material, whether solid, liquid or gaseous, enumerated in the
United States Department of Transportation Listing of Hazardous Materials,
49 CFR, Section 171; and any hazardous waste as designated by the United States
Environmental Protection Agency, 40 CFR, Section 262.
Those costs incurred by the Township of North Brunswick for actual
labor and/or personnel used in connection with the cleanup or containment
of any leak, discharge, spill or release of hazardous material.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold, contain,
carry or store any hazardous material.
Reimbursement to the Township of North Brunswick for the cost of any
expendable items, rental equipment, equipment damaged in connection with the
cleanup process and labor, services or personnel used in connection with the
cleanup process shall be made by any of the following persons or entities:
A.
The owner, operator, lessee or other party responsible
for any vehicle responsible for any leak, discharge, spill or release of hazardous
material, whether stationary or in transit, whether accidental or intentional.
B.
The owner, operator, lessee or other party responsible
for any vessel responsible for any leak, discharge, spill or release of hazardous
material, whether stationary or in transit, whether accidental or intentional.
C.
The owner, operator, lessee or other party responsible
for any property from which any leak, discharge, spill or release of hazardous
material emanates, whether public or private, whether accidental or intentional.
D.
Any person or entity responsible for any leak, discharge,
spill or release of any hazardous material on public or private property,
whether accidental or intentional.
Any person or entity responsible for any leak, discharge, spill or release of a hazardous material pursuant to § 191-4 of this chapter shall reimburse the Township of North Brunswick for the full cost of any expendable items, rental equipment, damaged equipment, labor, services or personnel used in the cleanup process within 30 days after the receipt of an itemized bill from the Emergency Management Coordinator or the Clerk of the Township of North Brunswick.
The Township of North Brunswick shall be entitled to institute suit against any person or entity failing to make payment pursuant to § 191-5 of this chapter for the full cost of any expendable items, rental equipment, damaged equipment, labor, services or personnel used in the cleanup process, together with interest, costs of suit and counsel fees.
The provisions of this chapter shall not be construed to prevent or
conflict with the enforcement of other statutes, ordinances or regulations
concerning the subject matter described herein.
The provisions of this chapter shall not be construed to limit the rights
of third parties to seek reimbursement or recovery from any responsible person
or entity for costs or damages incurred as a result of any leak, discharge,
spill or release of a hazardous material.
