[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 3-23-1993 by Ord. No. 952-93. Amendments noted where applicable.]
Fire prevention — See Ch. 109.
Spills and the discharge and release of hazardous substances constitute a danger to the health, safety and welfare of the municipality and its citizens. The response by the municipality to such incidents necessitates expenditures for personnel and equipment and for the storage, treatment, transportation or disposal of hazardous substances and imposes a significant financial burden upon the borough.
As used in this chapter, the following terms shall have the meanings indicated:
- Shall have the meaning set forth in the Discharge of Petroleum and Other Hazardous Substances Regulations, N.J.A.C. 7:1E.
- HAZARDOUS SUBSTANCES
- Any substance defined as such pursuant to the Discharges of Petroleum and Other Hazardous Substances Regulations, N.J.A.C. 7:1E.
In the event that there occurs a spill, discharge, leakage or any other type of release of hazardous substances onto any private or public property, including waterways, roadways or any other place in the municipality, the individuals or entities having ownership and control of the facility, building, vehicle, system or container from which said release emanated shall be responsible for all reasonable costs associated with and necessitated by the borough's response thereto, including but not limited to costs of manpower, equipment, materials, supplies, containment, storage, transport and any other expense reasonably related to said response by the borough.
Upon the conclusion of response, containment and/or cleanup efforts, the heads of the municipal departments involved in the response shall prepare an accounting of all costs and expenses associated with said response, including but not limited to a pro rata cost for personnel time, equipment, materials, supplies and any other expense reasonably related thereto. The accounting shall be presented, in writing, as soon as practicable to the Borough Finance Officer and Administrator for verification and approval, and shall then be transmitted to the Borough Attorney for recommendation for follow-up action appropriate to the circumstances of the response.