[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 9-21-1993 by Ord. No. 8-93. Amendments
noted where applicable.]
This chapter shall be known as the "Removal
and Clean-up of Hazardous or Toxic Substance Discharge Ordinance of
the Borough of Florham Park."
The purpose and intent of this chapter is to
authorize and direct the removal, cleanup, containment and abatement
of any hazardous and/or toxic substance discharge or spill within
the Borough and to provide for the reimbursement and recovery of all
associated costs from the responsible persons.
It shall be the responsibility of the Borough
Administrator, in cooperation with other Borough department heads,
to authorize and direct the activities necessary to effect the containment,
abatement, removal and cleanup of any such discharge or spill within
the Borough; the Borough Administrator shall also be authorized to
seek full reimbursement for the recovery of all costs related to any
removal and cleanup activities performed by Borough forces. The removal
and cleanup of discharges of hazardous substances by the Borough shall
be consistent with the regulations established by the New Jersey Department
of Environmental Protection and Energy and the United States Environmental
Protection Agency.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes the Fire Department, First Aid Squad, Borough Road
Department, Department of Public Works, Police Department, Sewerage
Authority[2] and the Office of the Administrator.
Any action, intentional or unintentional, or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous or toxic substances into the waters, onto
the lands or into the air, which threatens or does cause damage to
Borough property or Borough residents and threatens the environment.
Includes any apparatus, equipment, materials and personnel
within the Borough and allocated to or controlled by the Borough Police,
Health and Public Works Departments, Office of the Administrator,
the Sewerage Authority,[3] Florham Park Volunteer Fire Department and First Aid Squad.
Those elements, gases, compounds and petroleum products which
are defined as such by the New Jersey Department of Environmental
Protection and Energy, or as defined in the National Fire Protection
Association Guide of Hazardous Materials, or as are set forth in the
list of hazardous substances adopted by the Federal Environmental
Protection Agency (EPA), or as are defined on the list of toxic pollutants
designated by the United States Congress or the Federal Environmental
Protection Agency. For the purpose of this chapter, sewage and sewage
sludge shall also be considered as "hazardous substances."
Any public or private corporations, associations, societies,
firms, agencies, partnerships, joint-stock companies, individuals,
not-for-profit service organizations or any other entity, private,
public or commercial.
Includes 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.
All costs incurred by the Borough as a result of a discharge
of hazardous or toxic substance as follows:
In the removal or attempted removal of hazardous
or toxic substances; or
In performing reasonable measures to prevent,
contain or mitigate damage to the health, safety or welfare of the
public, including but not limited to public, semipublic and private
property, surface waters, subsurface waters, water columns and bottom
sediments, soils and other affected property, including wetlands,
wildlife and other natural resources within the environment.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery and military vehicles and equipment.
A.
Any person who, through an intentional or unintentional
act or omission and/or is otherwise responsible for the discharge
of hazardous substances which requires containment, abatement or removal,
shall be liable and responsible for the reimbursement and payment
of all costs incurred by the Borough or any of its departments or
agents or contracted employees as a result of such cleanup activity.
The remedy provided by this chapter shall be in addition to any other
remedies provided by law.
B.
Any person who owns or operates any vehicle or equipment
which causes a leak, spill or fire of hazardous material on any public,
semipublic or private property within the Borough shall be responsible
and liable for the reimbursement to the Borough in full for all costs
incurred by the Borough in the rendering of the necessary services,
containment and abatement or removal of said hazardous condition.
A.
For the purposes of this chapter, costs incurred by
the Borough shall include but shall not necessarily be limited to
the following: actual labor costs of personnel, including workers'
compensation benefits, fringe benefits, administrative overhead, cost
of equipment and equipment operation, fire-fighting foam, chemical
extinguishing agents, absorbent material, sand and sand recovery drums,
booms and specialized protective equipment and clothing, including
but not limited to acid suits, acid gloves, goggles and protective
clothing, costs of materials, goods and supplies and the cost for
the contracting for services and materials not provided by the Borough
but supplied at its direction and authorization.
B.
Within seven business days from the date of a cleanup,
all persons having participated in the cleanup and being responsible
for the expenditure of funds, private or public, shall present to
the Borough Administrator a specific itemization of all costs associated
with containment, abatement, removal and cleanup. Upon receipt, the
Borough Administrator shall send the person(s) responsible for the
discharge of the hazardous substance or material a letter directing
payment(s) to either the Borough or such other person who has a legal
claim to payment or reimbursement. Such person(s) shall be advised
that full payment(s) is expected within 30 calendar days after receipt
of the statement of charges.
A.
Any person(s) responsible for the discharge of a hazardous or toxic substance and who fails to reimburse the Borough or its directed payee in full within the time frame prescribed under § 144-6 of this chapter shall be subject, upon conviction in the Municipal Court, to a fine not exceeding the sum of $2,000 and/or imprisonment for a period not exceeding 90 days, or both. These penalties shall be in addition to any other penalties prescribed and levied by the State of New Jersey and/or the federal government.
B.
The imposition of any penalties through the Municipal
Court shall not in any way relieve the person found guilty from making
full reimbursement to the Borough.
C.
In the event that said cleanup is on private property
or emanates from private property and that property owner is proven
responsible, any such unpaid moneys owed by that property owner shall
become a lien on said property, subject to collection by the Borough
as provided for by law, with costs, interest and attorney's fees.
