[HISTORY: Adopted by the Township Committee of the Township of Wall
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-1978 as Sec.
3-26 of the Revised General Ordinances]
This article is enacted pursuant to N.J.S.A. 40:42-1 et seq., which
directs municipalities to act to provide for the health, welfare and safety
of its citizens.
As used in this article, the following terms shall be defined as set
forth herein:
The Township of Wall.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into any sanitary or storm sewers or waters
which flow within the jurisdiction of the Township or any land or any indoor
or outdoor air within the jurisdiction of the Township.
Any items used to extinguish or prevent any hazardous material fire,
or stop or contain any discharge 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 restricted to,
chemical protective suits, chemical protective gloves, goggles, and any other
item owned or controlled by the Township.
Any material, solid, liquid or gas, listed as such under the NFPA
Guide of Hazardous Materials, the Department of Transportation Guide Book,
the list of hazardous substances adopted by the Federal Environmental Protection
Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control
Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C.
§ 1251 et seq.), and the list of toxic pollutants designated by
Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution
Control Act, any regulated medical waste, including, but not limited to, syringes,
bandages and discarded pharmaceutical products, and any material warranting
removal or cleanup in the judgment of the Township's Emergency Management
Coordinator.
Includes the Township of Wall's employees, agents, officers, officials
and supporting units as directed by the Office of Emergency Management, including
volunteer fire and first aid companies.
Any motorized equipment, registered or unregistered, including, but
limited to, a passenger car, motorcycle, truck, tractor trailer, 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.
A.
This article provides for the reimbursement for, or the
replacement of, any and all equipment utilized by the Township or costs expended,
without regard to ownership, for the purpose of mitigating, controlling, or
containing any incident in which a hazardous material is involved in a fire
or discharge, or where the potential thereof exists, or for the prevention
of same.
B.
This article also provides for the reimbursement for
the expenses incurred by the Township for the wages, (regular or overtime)
paid to its employees, agents, independent contractors, or servants as a result
of an incident involving a hazardous material fire or discharge of a hazardous
material and for the costs of medical and hospital treatment for injuries
incurred by agents, servants and employees of the Township or its supporting
units.
C.
This article also provides for a penalty for the violation
of the article for either committing a spill or discharge or for failure to
report the same.
A.
The discharge of hazardous materials is prohibited. This
article shall not apply to discharge of hazardous materials pursuant to and
in compliance with the conditions of a federal or state permit.
B.
Any person who may be subject to liability for a discharge,
or becomes aware of a discharge which occurred prior to or after the effective
date of this article shall immediately notify the Township Office of Emergency
Management at (732)449-4500.
C.
Whenever any hazardous material is discharged, the Township
may in its discretion act to remove or arrange for the removal of such discharge.
D.
Any person who has discharged a hazardous material, or
who has failed to report a discharge or who is in any way responsible for
any hazardous 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 and shall be liable for the wages, (regular
and overtime) paid and the costs of medical and hospital treatment for injuries
incurred by the agents, servants and employees of the Township or its supporting
units.
Reimbursement to the Township for expendable items used shall be made
by the owner or operator of the vehicle responsible for the hazardous material
fire or discharge of hazardous material; the owner or person responsible for
the vessel containing the hazardous material involved in such fire or discharge
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 discharge of hazardous material emanates, whether
accidental or through negligence; and the person responsible for the hazardous
material fire or discharge of hazardous material on public or private property,
whether accidental or through negligence.
Any person responsible for any hazardous material fire or discharge
involving a hazardous material must provide reimbursement for services rendered
by any recovery company, towing company or any other technical assistance
called for by the Township to handle such incident. In the event of a vehicle
having been involved in an incident, such vehicle shall be impounded until
such time as it has been deemed safe to proceed by the responsible official
in conjunction and cooperation with the Township, and until such time as arrangements
have been made to reimburse the Township and the towing company for their
expenditures under the terms of this article.
The person or entity responsible for any hazardous material fire or
discharge 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, within 45 days after receipt
of a bill therefor. The collecting agency shall utilize its best efforts to
collect costs hereunder and shall reimburse its agents or the supporting local
units of amounts collected. In the event that the collecting agency is not
able to collect said costs or only a portion thereof, the collecting agency
shall be responsible to its agents or its local supporting units for only
their proportionate amount of costs recovered.
The person or entity responsible for any hazardous material fire or
discharge of hazardous material, who fails to reimburse the Township within
the time required, shall be subject to a fine of not more than $1,250 per
day, or by imprisonment for a period of not more than six months, or both.
The person or entity responsible for committing a spill, or who fails to report
same, will be liable for the same penalties as aforesaid.
