[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 6-25-2006 by Ord. No. 107-06. Amendments noted where
applicable.]
The intent of this chapter is to require an owner to bear the
cost of cleanup and disposal of a hazardous material spill occurring
on its property, thereby alleviating the Borough from the cost and
responsibility for the same.
As used in this chapter, the following terms shall have the
meanings indicated:
Actions to clean up or remove or attempt to clean up or remove
a discharge of a hazardous material[1] or the source thereof, or to chemically neutralize the
discharge, or measures to prevent or mitigate any damages to the public
health, safety or welfare, including but not limited to public and
private property, shorelines, beaches, surface waters, water columns
and bottom sediments, soils and other affected property, including
wildlife and other nature resources.
All costs associated with cleanup and removal activities
incurred by the state, the Borough of Bloomsbury or its agents or
any person with written approval of the Department of Environmental
Protection.
Actions to limit or prevent the spread of a leak or discharge.
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous material into
the water adjacent to or onto the lands of the Borough or into waters
outside the jurisdiction of the Borough when damage may result to
the lands, waters or natural resources within the jurisdiction of
the Borough.
A substance or material of petroleum, petroleum products,
pesticides, solvents and other hazardous materials as defined in N.J.A.C.
7:1E-1.7. Sewage and sewage sludge shall not be considered as hazardous
materials.
Public or private corporations, companies, associations,
societies, firms, partnerships, and joint-stock companies, as well
as individuals, and when used to designate the owner of property which
may be subject to the provisions of this chapter, any agents lawfully
owning or possessing property. "Owner" shall include direct or indirect
beneficial ownership by the person asserted to have a controlling
interest and any of such person's affiliates of at least 50%
of the voting stock or other equity interest in the owner.[2]
Each owner or operator of any facility, vehicle or vessel
from which a discharge has occurred; any person who owns or controls
any hazardous material which is discharged; any person who has directly
or indirectly caused a discharge; any person who has allowed a discharge
to occur; or any person who brokers, generates or transports the hazardous
material discharge.
A.
The owner of any commercial property within the Borough upon whose
land occurs a discharge of hazardous materials as defined herein,
whether that discharge occurs during the transportation, handling
or storage thereof, shall be responsible for all costs involved in
the containment, neutralization and cleanup of the site emanating
from either the discharge or spillage of the same.
B.
The owner shall attend to the cleanup of the site so affected which
shall be under the auspices of both the Borough and State Offices
of Emergency Management and the New Jersey Department of Environmental
Protection.
C.
The owner's responsibility to clean up and remediate the site
shall further extend to any and all measures required and costs associated
with the cleanup and remediation of any adjoining properties or adjoining
waters upon which a discharge or spillage of hazardous materials occurs.
D.
The owner shall promptly respond to any directive from either the
Borough or State Office of Emergency Management or the New Jersey
Department of Environmental Protection to commence containment and
cleanup activities. In the event of the property owner's failure
or refusal to commence containment and cleanup activities within 24
hours after formal notification to do so, the Borough may, but shall
not be obligated to, contract for emergency containment and cleanup
services by firms licensed and qualified to do so. The cost thereof
as certified by the Mayor and Borough Council shall be charged against
said lands and the amount so charged shall forthwith become a lien
upon such lands and shall be added to and become and form part of
the taxes next to be assessed and levied upon said lands, the same
to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
