[HISTORY: Adopted by the Mayor and Council of the Township of Clinton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2008 by Ord. No. 956-08]
A.Â
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.
B.Â
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.
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.
As used in this chapter, the following terms shall have and include
the meanings hereinafter prescribed:
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.
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.
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.
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
Whenever any hazardous substance is discharged, the Township
may, in its discretion, act to remove or arrange for the removal of such discharge.
D.Â
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.
E.Â
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
|
Reimbursement to the Township, voluntary hazardous material response
teams and others as hereinbefore indicated shall be made by:
A.Â
The owner or operator of the vehicle responsible for
the hazardous material, fire, leak or spill of hazardous material;
B.Â
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;
C.Â
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates, whether accidental
or through negligence; and
D.Â
The person responsible for the hazardous material fire,
leak or spill of hazardous material on public or private property, whether
accidental or through negligence.
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.
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.
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.