[HISTORY: Adopted by the Township Committee of the Township of Washington
8-15-1994 by Ord. No. 17-94 (Sec. 3-4 of the Revised General Ordinances).
Amendments noted where applicable.]
This chapter entitles the township to reimbursement for the extraordinary
costs of replacing expended resources and nonreusable equipment maintained
or procured by the township or the township's Fire Department or any of its
agencies and used during an emergency response action to stop or contain the
release or threatened release of any hazardous materials.
As used in this chapter, the following terms shall have the meanings
indicated:
All of the activities conducted by the township and/or the township's
Fire Department to cleanup, remove, prevent, contain or mitigate a discharge
of hazardous materials that poses an immediate threat to the public health,
safety or welfare.
In general, those resources expended that are reasonable, necessary
and allocable to the emergency response action. Expended resources shall include,
but not be limited to, the following:
Materials and supplies acquired, consumed or expended specifically for
the purpose of the emergency response action.
Compensation of employees or independent contractors for the time and
efforts devoted specifically to the emergency response action.
Rental or leasing of equipment used specifically for the emergency response
action (such as protective, scientific and technical equipment and clothing).
Replacement costs for equipment owned by the township, the township's
Fire Department or a mutual aid company or department that is contaminated
beyond reuse or repair, if the loss occurred during an emergency response
action (such as self-contained breathing apparatus irreparably contaminated
during the response).
Decontamination of equipment and personnel contaminated during an emergency
response action.
Special technical services specifically required for an emergency response
action (such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the township).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency response
action.
Costs of cleanup, storage or disposal of the released material.
Costs assessed with services and supplies procured in response to an
evaluation resulting from a release.
Medical expenses incurred, including postexposure medical surveillance.
Legal expenses incurred as a result of the emergency response action,
including efforts to recover expenses pursuant to this chapter.
Costs in excess of $1,000 per incident.
Any material, solid, liquid or gas, classified as a hazardous material
by federal, state or local legislation or regulation.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into the waters or on to the lands within
the borders of the township, or into waters outside the jurisdiction of the
township when damage may result to the lands, waters or natural resources
within the borders of the township.
Any imminent or impending event potentially causing but not resulting
in a release, but causing the township to undertake an emergency response
action.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, barrel, box, cylinder or tank used to hold or
contain or carry or store any hazardous materials.
A.
Reimbursement to the township for the extraordinary costs
of replacing expended resources and nonreusable equipment shall be made by
the following parties jointly and severally:
(1)
The owner or operator of any vehicle responsible for
or contributing to any release or threatened release of hazardous materials.
(2)
The owner or person responsible for any vessel containing
hazardous materials involved in or contributing to any release or threatened
release on public or private property whether stationary or in transit, whether
accidental or through the negligence or intentional acts of the owner or person
responsible for the vessel.
(3)
The owner or person responsible for any property from
which any release or threatened release of hazardous materials emanate, whether
accidental or through the negligence or intentional acts of the owner of person
responsible for the property.
(4)
Any person responsible for or contributing to any release
or threatened release of hazardous material on public or private property,
whether accidental or through the negligence or intentional acts of the person
responsible for contributing to the release or threatened release.
B.
Any person or company responsible for or contributing
to any release or threatened release of a hazardous material may be required
to provide reimbursement directly to the township for services rendered by
any recovery company, towing company or other technical assistance required
by the township to handle such incident.
Any person, owner or company responsible for or contributing to any
release or threatened release of hazardous materials shall reimburse the Township
of Washington within a period of 45 days after receipt of a bill from the
Township of Washington.
[Amended 4-16-2007 by Ord. No. 9-07]
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Township of Washington within the time set forth in this chapter shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code.
