[HISTORY: Adopted by the Township Council of the Township of Bridgewater as indicated in article histories. Amendments noted where applicable.]
Qualified private community services reimbursement — See Ch. 183.
Editor's Note: Former Ch. 40, Tax Assessor, Joint Municipal, adopted 9-3-1974 by Ord. No. 74-21, was repealed 9-21-1992 by Ord. No. 92-29.
Article I Reimbursement for Cleanup of Discharges
[Adopted 5-28-2009 by Ord. No. 09-09]
In this article, the following words and phrases shall have the following meanings:
- CLEANUP AND REMOVAL COSTS
- All costs incurred by the Township and/or the volunteer first aid and rescues squad organizations and volunteer fire companies which serve Bridgewater Township in the removal or attempted removal of any hazardous substance; or the taking of reasonable measures to prevent or mitigate damages to public health, safety or welfare, including, but not limited to, public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land or into the air.
- HAZARDOUS SUBSTANCE
- Any elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey or as are defined in the N.F.P.A, Guide of Hazardous Materials or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by the United States Congress or the Federal Environmental Protection Agency. This definition shall also include substances that the Emergency Management Coordinator of the Township reasonably believes based on information obtained at the site of any discharge may be hazardous substances.
- All materials, including, but not limited to, fire-fighting foam, chemical extinguishing agents, absorbent materials, sand recovery drums, and specialized protective equipment such as acid suits, acid gloves, goggles and protective clothing.
- Any public or private corporation, company, association, society, firm, partnership, joint stock company, limited-liability company, individual or other entity.
- PETROLEUM PRODUCTS
- Oil or petroleum of any kind and in any form, including, but not limited to, oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
- VOLUNTEER AND EMPLOYEE COSTS
- All costs incurred by the Township and/or the volunteer first aid and rescue squad organizations and volunteer fire companies which serve Bridgewater Township, including, but not limited to, the following: The Township employee's hourly rate shall be 200% of the employee's hourly salary which shall be established by ordinance. For volunteer first aid, rescue squads and volunteer fire companies, the hourly rate for the aforedescribed volunteers shall be $35 per hour. Cost of equipment and its operation, cost of materials, and the cost of any outside contract for labor and materials which may be awarded by the Township or entered into by the aforementioned rescue squad organizations and fire companies. A voucher shall be submitted to the person as hereinafter defined which shall identify the personnel performing the service, each date the service was performed, the hours spent in one-quarter increments, the hourly rate and expenses incurred.
The Township and volunteer first aid and rescue squads and volunteer fire companies serving the Township of Bridgewater may undertake cleanup. The Township and the aforementioned volunteer organizations and companies are hereby authorized to clean up and remove any discharge of hazardous substances but not to exceed level one (first responder awareness and first responder operational) which occurs within the Township, or outside the boundaries of the Township when authorized by agreement between the Township and the governing body of any other municipality.
Any person who causes, by act or omission, or is otherwise responsible for a discharge of any hazardous substance which is cleaned up or abated by the Township or the aforementioned volunteer organizations and companies, including the owner of real or personal property from which a discharge of hazardous substances occurs, shall be responsible for the payment of all cleanup and removal costs and all volunteer employee costs incurred by the Township and the aforementioned volunteer organizations and companies as a result of such cleanup or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.