[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 4-1-1991 by Ord. No. 3-91 (Ch. 86 of the 1981 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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, public or private,
within the municipal boundaries of the Township of Allamuchy.
Any items used to extinguish or prevent any fire or 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
limited to fire-fighting foam, chemical extinguishing agents and absorbent
materials, sand, recovery drums and any protective equipment and clothing
to include but not be restricted to chemical protective suits, chemical
protective gloves, goggles and any other item owned or requested by
the Township of Allamuchy, the Allamuchy Volunteer Fire Company, the
Allamuchy Office of Emergency Management or their employees, agents,
officers and/or officials.
Any material, solid, liquid or gas, listed as such under
the NFPA Guide to Hazardous Materials; the Department of Transportation
Guide Book; the list of hazardous substances adopted by the Federal
Environmental Protection Agency (EPA), pursuant to Section 311 of
the Federal Water Pollution Control Act Amendment of 1972, as amended
by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.);
and the list of toxic pollutants designated by Congress or the EPA
pursuant to Section 307 of the Federal Water Pollution Control Act.
Any motorized equipment, registered or unregistered, including
but not limited to a passenger car, motorcycle, truck, tractor-trailer,
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.
A.
It is the policy of Allamuchy Township that reimbursement for or
the replacement of any and all equipment utilized by the Township
of Allamuchy, without regard to ownership, for the purpose of mitigating,
controlling or containing any incident in which a hazardous material
is involved in a fire, leak, release or spill or where the potential
thereof exists or for the prevention of the same be provided.
B.
It is also the policy of Allamuchy Township that reimbursement for
the expenses incurred by the Township for the wages (regular and overtime)
paid to its employees, agents or servants as a result of an incident
involving a fire, leak, release or spill of a hazardous material be
provided.
C.
Any person who shall cause, be responsible for or otherwise create
the spill of a hazardous substance shall reimburse the Township of
Allamuchy for any expendable items used by the Township or any of
its employees, agents, servants, officers or officials in extinguishing
any fire, stopping or containing or controlling or mitigating any
spill, release or leak of any hazardous material. Such reimbursement
shall occur in accordance with the provisions of this chapter.
A.
The discharge of hazardous substances anywhere in the Township of
Allamuchy 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 Allamuchy Office
of Emergency Management or the Allamuchy Volunteer Fire Department.
C.
Whenever any hazardous substance is discharged, the Office of Emergency
Management in conjunction with the Fire Department of the Township
of Allamuchy may, but shall not be obligated, to remove or arrange
for the removal of such discharge.
D.
Any person who has discharged a hazardous substance or in any way
is 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.
Any person who shall cause a hazardous substance to spill or
be discharged shall make reimbursement to the Township for expendable
items used in connection with any fire, leak or spill on public or
private property, whether stationary or in transit and whether accidental
or through negligence.
Any person responsible for any fire, leak, spill or release
involving a hazardous material shall reimburse the Township of Allamuchy
for services rendered by any recovery company, towing company, hazardous
materials response unit or any other technical assistance called for
by the Township to handle such incident. In the event of a vehicle
having been responsible for an incident, such vehicles shall be impounded
until such time as it has been deemed safe to proceed by the Incident
Commander in consultation with Office of Emergency Management officials
and until such time as arrangements have been made to reimburse the
Township and the towing company for expenses incurred pursuant to
the terms of this chapter of the Code of the Township of Allamuchy.
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Township the full cost
of expendable items used to extinguish such fire or to stop or contain
such leak or to control such spill within 30 days after receipt of
a statement from the Township of Allamuchy setting forth the amount
of reimbursement required.
A.
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Township within the time required by § 178-6 shall be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code, including a fine of not less than $100.[1]
B.
The Township of Allamuchy shall also have the right to seek such
civil penalties and action, including injunctive relief, to enforce
the policy of reimbursement mandated by this chapter.
