[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon
Heights 9-2-1997 by Ord. No. 1020 (Ch.
62 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All costs associated with a discharge within the boundaries of the
Borough of Haddon Heights, which shall include labor and material for the
removal of hazardous substances or taking of reasonable measures to prevent
or mitigate damages to the public health, safety or welfare of the residents
of the Borough of Haddon Heights, including the lands, private and public,
therein.
Any intentional or unintentional action or omission resulting in
the release, spill, leak, emission, dump or disposal of hazardous substances
into the waters or lands with the Borough of Haddon Heights or outside the
Borough when damage may result to the waters or lands inside the Borough.
All elements and compounds, including petroleum products, as set
forth within N.J.S.A. 58:10-23.11b, as amended, except that sewage and sewage
sludge shall be considered hazardous substances for the purpose of this chapter.
Any individual, public or private corporation, companies, association,
societies, firms, partnerships or joint-stock companies.
Any person who shall discharge hazardous substances within the Borough
of Haddon Heights shall be strictly liable for all cleanup and removal costs
incurred by the Borough of Haddon Heights or agencies and employees therein.
Upon assessment of cleanup and removal costs, the person assessed may,
within 10 days of receipt of such assessment, make a written request for a
hearing before the governing body exclusively upon the reasonableness of the
amount assessed.
The person responsible for the discharge shall be liable for all reasonable
attorneys' fees and costs incurred in the collection of cleanup and removal
costs.
[Added 9-18-2001 by Ord. No. 1116]
The cost of materials as hereinabove noted shall be the replacement
cost of all materials used to clean up or to prevent damage associated with
a discharge. The cost of labor shall be assessed in accordance with the following
schedule:
[Added 6-18-2002 by Ord. No. 1129;
amended 4-1-2003 by Ord. No. 1150]
All sums received in the form of cleanup or removal costs as hereinabove
described shall be maintained under an account separate from the general revenue
fund of the Borough and from the operating budget of the Fire Department at
the discretion of the Chief of the Fire Department, along with the Director
of Public Safety, for use only to purchase equipment and supplies used in
cleanup or removal of discharge of hazardous substances and for training related
to hazardous substance cleanup. The Fire Chief shall render an accounting
of receipts and disbursements with the governing body on an annual basis at
the time of submittal of the Haddon Heights Fire Department's operating budget.
