[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 9-21-1993 by Ord. No. 8-93. Amendments noted where applicable.]
This chapter shall be known as the "Removal and Clean-up of Hazardous or Toxic Substance Discharge Ordinance of the Borough of Florham Park."
The purpose and intent of this chapter is to authorize and direct the removal, cleanup, containment and abatement of any hazardous and/or toxic substance discharge or spill within the Borough and to provide for the reimbursement and recovery of all associated costs from the responsible persons.
It shall be the responsibility of the Borough Administrator, in cooperation with other Borough department heads, to authorize and direct the activities necessary to effect the containment, abatement, removal and cleanup of any such discharge or spill within the Borough; the Borough Administrator shall also be authorized to seek full reimbursement for the recovery of all costs related to any removal and cleanup activities performed by Borough forces. The removal and cleanup of discharges of hazardous substances by the Borough shall be consistent with the regulations established by the New Jersey Department of Environmental Protection and Energy and the United States Environmental Protection Agency.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
Includes the Fire Department, First Aid Squad, Borough Road Department, Department of Public Works, Police Department, Sewerage Authority[2] and the Office of the Administrator.
DISCHARGE
Any action, intentional or unintentional, or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous or toxic substances into the waters, onto the lands or into the air, which threatens or does cause damage to Borough property or Borough residents and threatens the environment.
EMERGENCY APPARATUS AND PERSONNEL
Includes any apparatus, equipment, materials and personnel within the Borough and allocated to or controlled by the Borough Police, Health and Public Works Departments, Office of the Administrator, the Sewerage Authority,[3] Florham Park Volunteer Fire Department and First Aid Squad.
HAZARDOUS SUBSTANCES
Those elements, gases, compounds and petroleum products which are defined as such by the New Jersey Department of Environmental Protection and Energy, or as defined in the National Fire Protection Association Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), or as are defined on the list of toxic pollutants designated by the United States Congress or the Federal Environmental Protection Agency. For the purpose of this chapter, sewage and sewage sludge shall also be considered as "hazardous substances."
PERSON
Any public or private corporations, associations, societies, firms, agencies, partnerships, joint-stock companies, individuals, not-for-profit service organizations or any other entity, private, public or commercial.
PETROLEUM
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 substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
REMOVAL AND CLEANUP COSTS
All costs incurred by the Borough as a result of a discharge of hazardous or toxic substance as follows:
A. 
In the removal or attempted removal of hazardous or toxic substances; or
B. 
In performing reasonable measures to prevent, contain or mitigate damage to the health, safety or welfare of the public, including but not limited to public, semipublic and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wetlands, wildlife and other natural resources within the environment.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor trailers, construction equipment, farm machinery and military vehicles and equipment.
[1]
Editor's Note: See Ch. 188, Property Maintenance, § 188-4, for additional definitions.
[2]
Editor's Note: The Sewerage Authority was dissolved 2-17-2009 by Ord. No. 09-2, and its operations and activities were transferred to the Borough. See also § 2-34, Sewer Utility Committee, and Ch. 193, Sewers, Art. II, Sewer Utility.
[3]
Editor's Note: The Sewerage Authority was dissolved 2-17-2009 by Ord. No. 09-2, and its operations and activities were transferred to the Borough. See also § 2-34, Sewer Utility Committee, and Ch. 193, Sewers, Art. II, Sewer Utility.
A. 
Any person who, through an intentional or unintentional act or omission and/or is otherwise responsible for the discharge of hazardous substances which requires containment, abatement or removal, shall be liable and responsible for the reimbursement and payment of all costs incurred by the Borough or any of its departments or agents or contracted employees as a result of such cleanup activity. The remedy provided by this chapter shall be in addition to any other remedies provided by law.
B. 
Any person who owns or operates any vehicle or equipment which causes a leak, spill or fire of hazardous material on any public, semipublic or private property within the Borough shall be responsible and liable for the reimbursement to the Borough in full for all costs incurred by the Borough in the rendering of the necessary services, containment and abatement or removal of said hazardous condition.
A. 
For the purposes of this chapter, costs incurred by the Borough shall include but shall not necessarily be limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits, administrative overhead, cost of equipment and equipment operation, fire-fighting foam, chemical extinguishing agents, absorbent material, sand and sand recovery drums, booms and specialized protective equipment and clothing, including but not limited to acid suits, acid gloves, goggles and protective clothing, costs of materials, goods and supplies and the cost for the contracting for services and materials not provided by the Borough but supplied at its direction and authorization.
B. 
Within seven business days from the date of a cleanup, all persons having participated in the cleanup and being responsible for the expenditure of funds, private or public, shall present to the Borough Administrator a specific itemization of all costs associated with containment, abatement, removal and cleanup. Upon receipt, the Borough Administrator shall send the person(s) responsible for the discharge of the hazardous substance or material a letter directing payment(s) to either the Borough or such other person who has a legal claim to payment or reimbursement. Such person(s) shall be advised that full payment(s) is expected within 30 calendar days after receipt of the statement of charges.
A. 
Any person(s) responsible for the discharge of a hazardous or toxic substance and who fails to reimburse the Borough or its directed payee in full within the time frame prescribed under § 144-6 of this chapter shall be subject, upon conviction in the Municipal Court, to a fine not exceeding the sum of $2,000 and/or imprisonment for a period not exceeding 90 days, or both. These penalties shall be in addition to any other penalties prescribed and levied by the State of New Jersey and/or the federal government.
B. 
The imposition of any penalties through the Municipal Court shall not in any way relieve the person found guilty from making full reimbursement to the Borough.
C. 
In the event that said cleanup is on private property or emanates from private property and that property owner is proven responsible, any such unpaid moneys owed by that property owner shall become a lien on said property, subject to collection by the Borough as provided for by law, with costs, interest and attorney's fees.
(1) 
This chapter shall not be held to be in conflict with Chapter 188 of this Code, and to the extent inconsistencies exist, this chapter shall prevail due to the emergent nature of the violation and the necessity to immediately effect a cleanup.
(2) 
To the extent that it is not in conflict with this chapter, § 188-16, entitled "Violations and penalties," shall be read and applied in pari materia with this chapter.