[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dump site — See Ch. 210.
Landfills — See Ch. 257.
Public health — See Ch. 302.
Water pollution — See Ch. 386.
[Adopted 4-14-1981 by Ord. No. O-8-81]
The following words, whenever used in this article, shall, for the purpose of this article, have the following meanings:
PERSON
Any individual or group of individuals composing any community of interest, firm, partnership, corporation, political subdivision or authority.
POTENTIALLY DANGEROUS SUBSTANCE
Any substance which is, in its production and/or disposal, regulated by any governmental agency for the purpose of protecting the health, safety or welfare of citizens from the actual or potential threat, imposed by noncompliant production and/or disposal of such substances, and shall specifically include chemical waste, sewage, septage or any other chemical or biological wastes.
REGULATED VEHICLE
Any vehicle duly authorized by the Board of Public Utilities or other regulating agency of the State of New Jersey.
TRANSPORTATION
Movement from one location to another by use of a vehicle or container upon public streets or highways.
No person shall transport a potentially dangerous substance through the Township of Franklin unless transportation is made on a duly regulated vehicle which prominently displays a certificate of approval from an appropriate governmental agency.
No person shall dispose of, dump or place any potentially dangerous substance into any manhole, pipe, sewage line, receptacle of any type, stream, lake, field or lot, situate within the Township of Franklin.
Any person who violates any provision of this article by transporting a potentially dangerous substance in an unregulated vehicle or who disposes of a potentially dangerous substance in a place other than authorized shall, upon conviction, be subject to a fine not to exceed $500 or imprisonment for a term not to exceed 90 days, or both. If any person performs a series of prohibited transactions, each transaction shall be deemed to be a separate violation of this article for sentencing purposes.
[Adopted 9-14-1993 by Ord. No. O-16-93]
As used in this article, the following terms shall have the meanings indicated:
CLEANUP AND REMOVAL COSTS
All costs associated with a discharge within the boundaries of the Township of Franklin, 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 Township of Franklin, including the lands, private and public, therein.
DISCHARGE
Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dump or disposal of hazardous substances in to the waters or lands within the Township of Franklin or outside the township when damage may result to the waters or lands inside the township.
HAZARDOUS SUBSTANCES
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 article.
PERSON
Any individual, public or private corporation, companies, association, societies, firms partnerships or joint-stock companies.
Any person who shall discharge hazardous substances within the Township of Franklin shall be strictly liable for all cleanup and removal costs incurred by the Township of Franklin 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 the Township Committee exclusively upon the reasonableness of the amount assessed.