[HISTORY: Adopted by the Township Committee of the Township of Hamilton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2002 by Ord.
No. 1436-2002]
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 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.
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.
