[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 3-23-1993 by Ord. No. 952-93. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
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.
