[HISTORY: Adopted by the Township Committee of the Township of Franklin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-1981 by Ord.
No. O-8-81]
The following words, whenever used in this article, shall, for the purpose
of this article, have the following meanings:
Any individual or group of individuals composing any community of
interest, firm, partnership, corporation, political subdivision or authority.
Any substance which is, in its production and/or disposal, regulated
by any governmental agency for the purpose of protecting the health, safety
or welfare of citizens from the actual or potential threat, imposed by noncompliant
production and/or disposal of such substances, and shall specifically include
chemical waste, sewage, septage or any other chemical or biological wastes.
Any vehicle duly authorized by the Board of Public Utilities or other
regulating agency of the State of New Jersey.
Movement from one location to another by use of a vehicle or container
upon public streets or highways.
No person shall transport a potentially dangerous substance through
the Township of Franklin unless transportation is made on a duly regulated
vehicle which prominently displays a certificate of approval from an appropriate
governmental agency.
No person shall dispose of, dump or place any potentially dangerous
substance into any manhole, pipe, sewage line, receptacle of any type, stream,
lake, field or lot, situate within the Township of Franklin.
Any person who violates any provision of this article by transporting
a potentially dangerous substance in an unregulated vehicle or who disposes
of a potentially dangerous substance in a place other than authorized shall,
upon conviction, be subject to a fine not to exceed $500 or imprisonment for
a term not to exceed 90 days, or both. If any person performs a series of
prohibited transactions, each transaction shall be deemed to be a separate
violation of this article for sentencing purposes.
[Adopted 9-14-1993 by Ord.
No. O-16-93]
As used in this article, the following terms shall have the meanings
indicated:
All costs associated with a discharge within the boundaries of the
Township of Franklin, 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 Township
of Franklin, 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
in to the waters or lands within the Township of Franklin or outside the township
when damage may result to the waters or lands inside the township.
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 article.
Any individual, public or private corporation, companies, association,
societies, firms partnerships or joint-stock companies.
Any person who shall discharge hazardous substances within the Township
of Franklin shall be strictly liable for all cleanup and removal costs incurred
by the Township of Franklin or agencies and employees thereof.
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 Township Committee 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.
