Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Township Committee of the Township of Montville 4-8-2008 by Ord. No. 2008-14. Amendments noted where applicable.]
GENERAL REFERENCES

General penalty — See Ch. 1, Art. III.

Fire prevention — See Ch. 189.

Littering — See Ch. 241.

Solid waste — See Ch. 317.

§ 215-1
Purpose. 

§ 215-2
Definitions. 

§ 215-3
Parties responsible for reimbursement. 

§ 215-4
Reimbursement for services for recovery company, towing company or technical assistance. 

§ 215-5
Period for payment. 

§ 215-6
Violations and penalties. 

§ 215-7
Conflict with state or federal law. 

§ 215-8
Other remedies. 

§ 215-1 Purpose.

A. 

This chapter provides for the reimbursement and the replacement of expended resources and nonreusable equipment maintained or procured by the Township or its fire districts or other public safety agencies and used in the case of a release or threatened release of any hazardous materials.

B. 

This chapter entitles the Township and/or the Township's fire districts or other public safety agencies to reimbursement for the costs of replacing nonreusable equipment and expended resources utilized by the Township or the Township's fire districts, other public safety agencies, or any of its agencies in stopping or containing any release of a hazardous material during an emergency response action.

§ 215-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EMERGENCY RESPONSE ACTION
All of the activities conducted by the Township and/or the Township's fire districts or other public safety agencies to clean up, remove, prevent, contain or mitigate a discharge of hazardous materials that poses an immediate threat to the environment or to the public health, safety or welfare.
EXPENDED RESOURCES
In general, those resources expended that are reasonable, necessary and allocable to the emergency response action. Expended resources shall include, but are not limited to, the following:
A. 

Materials and supplies acquired, consumed or expended specifically for the purpose of the emergency response action.

B. 

Compensation of employees or independent contractors for the time and efforts developed specifically to the emergency response action.

C. 

Rental or leasing of equipment used specifically for the emergency response action (such as protective, scientific and technical equipment, and clothing).

D. 

Replacement costs for equipment owned by the Township, the Township's fire districts, other public safety agencies, or a mutual aid company or department, that is contaminated beyond reuse or repair, if the loss occurred during an emergency response action (such as self-contained breathing apparatus irreparably contaminated during the response).

E. 

Decontamination of equipment and personnel contaminated during an emergency response action.

F. 

Special technical services specifically required for an emergency response action (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the Township).

G. 

Other special services specifically required for the emergency action.

H. 

Laboratory costs of analyzing samples taken during the emergency response action.

I. 

Costs of cleanup, storage or disposal of the released material.

J. 

Costs associated with services and supplies procured in response to an evacuation resulting from a release.

K. 

Medical expenses incurred, including post-exposure medical surveillance.

L. 

Legal expenses incurred as a result of the emergency response action, including efforts to recover expenses pursuant to this chapter.

HAZARDOUS MATERIAL
Any material, solid, liquid or gas, classified as a hazardous material by federal, state or local legislation or regulation.
RELEASE
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into the waters or on to the lands within the borders of the Township, or into waters outside the jurisdiction of the Township, when damage may result to the lands, waters or natural resources within the jurisdiction of the Township.
RESIDENTIAL PROPERTY
Any single-family dwelling or multifamily dwelling of three units or less.
THREATENED RELEASE
Any imminent or impending event potentially causing but not resulting in a release, but causing the Township to undertake an emergency response action.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
VESSEL
Any container, drum, barrel, box cylinder or tank used to hold or contain or carry or store any hazardous materials.

§ 215-3 Parties responsible for reimbursement.

A. 

Reimbursement to the Township or the Township's fire districts or other public safety agencies for the costs of any expended resources shall be made by the following parties jointly and severally:

(1) 

The owner or operator of any vehicle responsible for or contributing to any release or threatened release of hazardous materials.

(2) 

The owner or person responsible for any vessel containing hazardous materials involved in or contributing to any release or threatened release on public or private property whether stationary or in transit, whether accidental or through the negligence of the owner or person responsible for the vessel.

(3) 

The owner or person responsible for any property, other than those exempted in this chapter, from which any release or threatened release of hazardous material emanates, whether accidental or through the negligence or intentional acts of the owner or person responsible for the property.

(4) 

Any person responsible for or contributing to any release or threatened release of hazardous material on public or private property whether accidental or through the negligence or intentional acts of the person responsible for contributing to the release or threatened release.

B. 

All Township fire districts or other public safety agencies which responded to the release shall submit to the Township Administrator a list detailing the expended resources and replacement costs of the materials and supplies expended for the release.

§ 215-4 Reimbursement for services for recovery company, towing company or technical assistance.

Any person or company responsible for or contributing to any release or threatened release of a hazardous material must provide reimbursement directly to the Township or the Township's fire districts or other public safety agencies for services rendered by any recovery company, towing company or other technical assistance required by the Township to handle such incident. The Administrator shall submit to the responsible person or company a detailed invoice of the expended resources and replacement costs and request payment as provided by §§ 215-5 and 215-6.

§ 215-5 Period for payment.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person, owner or company responsible for or contributing to any release or threatened release of hazardous materials shall reimburse the Township of Montville for the full price of replacing any nonreusable equipment or expended resources used in an emergency response action concerning any release or threatened release within a period of 45 days after receipt of a bill for such items from the Township of Montville.

§ 215-6 Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 

Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Township of Montville or the Township's fire districts or other public safety agencies within the time set forth in this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.

B. 

If, due to the responsible party's failure to reimburse the Township of Montville, and in addition to any penalties that may be imposed pursuant to Subsection A of this section, should the Township seek to recover the costs of any nonreusable equipment or expended resources used in an emergency response action concerning any release or threatened release, the responsible party shall reimburse the Township for all reasonable costs incurred to enforce this chapter, including attorney's fees.

§ 215-7 Conflict with state or federal law.

Nothing in this chapter shall be construed to conflict with state or federal laws requiring persons causing or responsible for any release or threatened release of a hazardous material to engage in remediation activities or pay the costs thereof, or both.

§ 215-8 Other remedies.

This chapter does not preclude or precede any other remedy that may be available to the Township or the Township's fire districts or other public safety agencies for reimbursement for expended resources as specified herein.