[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 12-3-2001 by Ord. No. 17-01. 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 the discharge within the boundaries of the Borough of Brooklawn, 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 Borough of Brooklawn, including the lands, private and public, therein.
- 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 Borough of Brooklawn or outside the Borough when damage may result to the waters of lands inside the Borough.
- 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.
- Any individual, public or private corporation, companies, association, societies, firms, partnerships or joint-stock companies.
Any person who shall discharge hazardous substances within the Borough of Brooklawn shall be strictly liable for all cleanup and removal costs incurred by the Borough of Brooklawn 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 Borough 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.