[HISTORY: Adopted by the Township Committee of the Township of Harrison 8-10-1988 by Ord. No. 0-4-88. 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 a discharge within the boundaries of the Township of South Harrison 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 South Harrison including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, dump or disposal of hazardous substances into the waters or lands within the Township of South Harrison or outside the township when damage may result to the waters or lands inside the township.
- HAZARDOUS SUBSTANCE
- All elements and compounds, including petroleum products as set forth within N.J.S.A. 58:10-23.11b as amended.
- Any individual, public or private corporation, companies, association, societies, firms partnerships or joint-stock companies.
In consequence of the increasing threat of the public and the environment due to the discharge of hazardous substances, the township is and may be required to incur expenses in the cleanup and removal of such substances. It is the opinion of the Mayor and Township Committee that expenses incurred for extraordinary measures required in the cleanup and removal of such substances is not a service contemplated within the tax assessments. As such, extraordinary safety measures are required for the protection of the health and welfare of the township residents. The costs of such action should be borne by the party responsible for the discharge of hazardous substance. This chapter is designed to recover the cost of Fire Department and other safety personnel and the use of equipment employed in dealing with the discharge of hazardous substances.
Any person who shall discharge hazardous substances within the Township of South Harrison shall be strictly liable for all cleanup and removal costs incurred by the Township of South Harrison or agencies and employees thereon.
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.
In addition to the above, the person responsible shall be liable for all reasonable attorneys fees and costs incurred in the collection of cleanup and removal costs.