[HISTORY: Adopted by the Township Committee of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
Article I Cleanup of Discharge
[Adopted 10-2-2002 by Ord. No. 1436-2002]
As used in this article, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within the boundaries of the Township of Hamilton, 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 Hamilton, 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 within the Township of Hamilton or outside the Township when damage may result to the waters or lands inside the Township.
- HAZARDOUS SUBSTANCES
- 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 Hamilton shall be strictly liable for all cleanup and removal costs incurred by the Township of Hamilton 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.