Township of Clinton, NJ: Hazardous Materials

Article I Reimbursement of Cleanup Costs

[Adopted 3-12-2008 by Ord. No. 956-08]

This chapter provides for the reimbursement to the Township of any and all equipment and costs expended for the purposes of mitigating, controlling or continuing any incident in which a hazardous material is involved in a fire, leak, release, accident or spill, or where the potential thereof exists, or for the prevention of same; for the reimbursement of the expenses incurred by the Township for the wages (regular and overtime) paid to its employees, agents or servants as a result of any incident involving a, hazardous material fire, leak, release, accident or spill of a hazardous material; and for the costs incurred by agents, servants and employees of the Township.

This chapter also provides for the repayment and collection of all expenses incurred ; by voluntary hazardous material response teams, including those who respond through mutual aid such as fire companies and first aid squads.

§ 140-2 Reimbursement of Township required.

In the event of a spill, release, leak or accident involving hazardous materials, any and all costs and expenses incurred by the Township and by any voluntary hazardous material response teams (including those who respond through mutual aid including, without limitation, fire companies and first aid squads) shall be borne by the spiller and/or responsible party and/or releaser of such hazardous materials and/or substances and pollutants as defined herein and as may be set forth and defined under state law, including, without limitation, those hazardous substances, chemicals, pollutants and materials that may be defined in any act or law of the State of New Jersey.

§ 140-3 Definitions.

As used in this chapter, the following terms shall have and include the meanings hereinafter prescribed:

DISCHARGE

Any intentional or unintentional act, action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of the Township or on any land within the corporate limits and/or jurisdiction of the Township.

EXPENDABLE ITEMS

Any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to: fire-fighting foam, chemical extinguishing agents, absorbent materials, sand recovery drums and any protective equipment and clothing to include, but not be restricted to, chemical protective suits, chemical protective gloves, goggles and any other items owned or controlled by the Township and/or any public-related full-time or voluntary response team.

HAZARDOUS MATERIALS

Any material, solid, liquid or gas, listed as such under the N.F.P.A. Guide to Hazardous Materials, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), the list of hazardous substances set forth in the New Jersey Spill Compensation and Control Act,[1] and any material warranting removal or cleanup in the opinion of the Township's Director of Public Safety.

TOWNSHIP

The Clinton Township employees, agents, officers, officials and supporting units, as directed by the Clinton Director of Public Safety, including, but not limited to, the Township's Division of Fire (Annandale Hose Company No. 1) and the Clinton Township Police Department.

VEHICLE

Any motorized equipment, registered or unregistered, including, but not limited to, passenger car, motorcycle, truck, tractor trailer, tank truck, construction equipment, farm machinery, watercraft, aircraft and trains.

VESSEL

Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not said container was manufactured for the containment of a hazardous material.

[1]

Editor's Note: See N.J.S.A. 58:10-23.11 et seq.

§ 140-4 Discharge of hazardous materials and substances; liability; removal; reimbursement of costs.

The discharge of hazardous substances and materials is prohibited. This section shall not apply to the discharge of hazardous substances pursuant to and in full authorized compliance with the conditions of a federal or state permit.

Any person and/or entity who may be subject to liability for a discharge or who becomes aware of a discharge which occurred prior to or after the effective date of this chapter shall immediately notify the Township Director of Public Safety.

Whenever any hazardous substance is discharged, the Township may, in its discretion, act to remove or arrange for the removal of such discharge.

Any person and/or entity who has discharged a hazardous material and/or substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance and material which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault for all cleanup and removal costs paid and the costs of any medical and hospital treatment for injuries incurred by the agents, servants and employees of the Township and/or others as defined herein.

In addition to the costs and expenses set forth in Subsection D, above, the parties responsible for a discharge must provide reimbursement for the established salaries and wages (including overtime where same is approved by the proper Township representative) for all Township employees involved in the cleanup and removal. Also, the cost of all Township vehicles involved in the cleanup and removal shall be reimbursed pursuant to the following schedule:

	Type of Vehicle	Hourly Rate
	Police	$40
	Fire	$80
	DPW	$50

§ 140-5 Parties responsible for reimbursement to Township.

Reimbursement to the Township, voluntary hazardous material response teams and others as hereinbefore indicated shall be made by:

The owner or operator of the vehicle responsible for the hazardous material, fire, leak or spill of hazardous material;

The owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit, and whether accidental or through negligence;

The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and

The person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.

§ 140-6 Reimbursement for services of recovery company, towing company or technical assistance.

Any person and/or entity causing any hazardous material, fire, leak, spill or release involving a hazardous material and substance shall be responsible for all costs for services rendered by any recovery company, towing company or any other technical assistance called for by the Township to handle such incident.

§ 140-7 Time limit for payment of reimbursement.

Any person and/or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill and for all costs and expenses set forth in this chapter within 45 days after receipt of a statement from the Township outlining said costs and expenses.

§ 140-8 Violations and penalties.

Any person, corporation, entity and/or other violating any provisions of this chapter and responsible for any fire, leak or spill of hazardous materials or substances within the Township who fails to reimburse the Township and others as provided herein within the time required shall be liable and subject to a penalty and/or fine for each violation and each offense in accordance with § 1-17.