[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 10-15-1991 by Ord. No. 852-91 (Ch. 195 of the 1993
Code). Amendments noted where applicable.]
This chapter is enacted pursuant to N.J.S.A.
40:42-1 et seq., the Home Rule Act, which directs municipalities to
act to provide for the health, welfare and safety of its citizens.
As used in this chapter, the following terms
shall have the meanings indicated:
Any act exclusively occasioned by an unanticipated, grave
natural disaster without the interference of any human agency.
The Township of Hazlet.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into any waters which flow within
the jurisdiction of this Township or any land within the jurisdiction
of this Township.
Include any items used to extinguish or prevent any hazardous
material fire or to stop or contain any leak, release or spill 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 restricted to fire-fighting foams, chemical extinguishing
agents, absorbent materials, sand, recovery drums, protective equipment
and clothing, including but not limited to chemical protective suits,
chemical protective gloves, goggles and any other such items owned
or controlled by the Township of Hazlet.
Any material, solid, liquid or gas listed as such under the
National Fire Protection Association Guide of Hazardous Materials
or the Department of Transportation Guide Book; and "environmental
hazardous substance" on the environmental hazardous substance list
adopted by the Department of Environmental Protection pursuant to
Section 4 of P.L. 1983, c. 315 (N.J.S.A. 34:5A-4); any elements and
compounds, including petroleum products, which are defined as such
by the Department of Environmental Protection, after public hearing,
and which shall be consistent to the maximum extent possible with,
and which shall include, the list of hazardous substances adopted
by the Federal Environmental Protection Agency (EPA) pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972,
P.L. 92-500, as amended by the Clean Water Act of 1977, P.L. 95-217
(33 U.S.C. § 1251 et seq.); the list of toxic pollutants
designated by Congress or the EPA pursuant to Section 307 of the Federal
Water Pollution Control Act; the list of hazardous substances adopted
by the EPA pursuant to Section 101 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, P.L. 96-510 (42
U.S.C. § 9601 et seq.); any hospital or medical waste, including
but not limited to syringes, bandages and discarded pharmaceutical
products; and any other such material warranting removal or cleanup
in the opinion of the Hazlet Township Office of Emergency Management;
provided, however, that sewage and sewage sludge shall not be considered
as "hazardous substances" for the purposes of this chapter.
Any county or municipality or any office, agency, division
or instrumentality thereof.
Includes public or private corporations, companies, associations,
societies, firms, partnerships, joint-stock companies, individuals,
the United States, the State of New Jersey and any of its political
subdivisions or agents.
Includes oil or petroleum of any kind and in any form, including
but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil refuse, oil mixed with other wastes, crude oils and substances
or additives to be utilized in the refining or blending of crude petroleum
or petroleum stock in this state.
Includes the Township of Hazlet's employees, agents, officers,
officials and supporting units as directed by the Office of Emergency
Management.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
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.
Any duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
A.
This chapter provides for the reimbursement for or
the replacement of any and all equipment utilized by the Township
of Hazlet and for 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 the same.
B.
This chapter entitles the Township of Hazlet to reimbursement
for the expenses incurred for the wages (regular or overtime) paid
to its employees, agents or servants as a result of an incident involving
a hazardous material fire or discharge and for the costs of medical
and hospital treatment for injuries incurred by agents, servants and
employees of the Township of Hazlet.
C.
This chapter also provides for a penalty for violation
of this chapter for either committing a discharge or for failure to
report the same.
A.
The discharge of hazardous substances is prohibited.
This section shall not apply to discharge of hazardous substances
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 chapter shall immediately notify the Township
of Hazlet, Office of Emergency Management.[1]
C.
Whenever any hazardous substance 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 substance
or who has failed to report a discharge or who is in any way responsible
for any hazardous substance 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.
E.
An act or omission caused solely by war, sabotage
or God or a combination thereof shall be the only defense which may
be raised in any action arising under the provisions of this chapter.
Reimbursement to the Township of Hazlet for
any expendable items used shall be made by the following parties:
A.
The owner or operator of or person responsible for
any vehicle accountable for any fire or discharge of hazardous materials.
B.
The owner or person responsible for any vessel containing
hazardous materials involved in any fire or discharge on public or
private property, whether stationary or in transit, and whether accidental
or through negligence.
C.
The owner or person responsible for any property from
which any discharge of hazardous material emanates, whether accidental
or through negligence.
D.
Any person responsible for any fire or discharge of
hazardous materials on public or private property, whether accidental
or through negligence.
Any person responsible for any fire or discharge
involving a hazardous material must provide reimbursement for services
rendered by any recovery company or towing company or for other technical
assistance called for by the Township of Hazlet to handle such incident.
In the event that a vehicle has been responsible for an incident,
it shall be impounded, where possible, until such time as it has been
deemed safe to proceed by the responsible official in conjunction
and in cooperation with the Township of Hazlet, 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 chapter.
A.
The person, owner or operator responsible for any
fire or discharge of hazardous materials shall reimburse the Township
of Hazlet for the full price of all necessary expendable items, plus
costs associated with extinguishing such a fire or costs associated
with stopping, controlling or containing such a discharge, within
45 days after receipt of a bill from the Township.
B.
The collecting agency shall utilize its best efforts
to collect costs hereunder and shall reimburse its agents or the local
units or volunteer organizations for 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 not be responsible
to its agents or the local units or volunteer organizations for the
full amount of the same.
Any person, owner or operator responsible for
any fire or discharge of hazardous materials who fails to reimburse
the Township of Hazlet within the time set forth in this chapter shall
be subject to a fine of not less than $50 nor more than $500 per day
or to imprisonment for a period of not more than six months, or both.
The person responsible for committing a discharge or who fails to
report the discharge will be liable for the same penalties as aforesaid
stated.
A local government unit or volunteer organization
responding to an emergency caused by a fire or discharge of hazardous
materials in the Township of Hazlet shall keep a detailed record of
the costs attributable thereto and shall certify that record to the
governing body of the Township. Any reimbursements collected by the
Township for hazardous material incidents shall be credited to the
appropriate funds of each local government unit or volunteer organization
from which moneys were expended in responding to the emergency.
