[Ord. #1308, § 1, 6-9-1998, adopted]
The Mayor shall designate an Emergency Management
Coordinator who is hereby authorized to request the volunteer fire
companies in the Township to clean up and remove any discharge of
hazardous substances or suspected hazardous substances (but not to
exceed level one first responder awareness and first responder operational)
which occurs within the Township of Bernards, or outside the boundaries
of the Township when authorized by agreement between the Township
and any other governing body.
[Ord. #1308, § 2, 6-9-1998, adopted]
As used in this section, the following terms
shall have the meanings indicated:
Shall mean all costs associated with a discharge of hazardous
substances incurred by the Township of Bernards or its authorized
agents (1) in the removal or attempted removal of hazardous substances
or suspected hazardous substances or (2) in the taking of reasonable
measures to prevent or mitigate damage to public health, safety or
welfare, including but not limited to public and private property,
surface waters, subsurface waters, water columns and bottom sediments,
soils and other affected property, including wildlife and other natural
resources.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances or suspected hazardous
materials into the waters, onto the lands or into the air, which may
or does cause or it is reasonably believed will damage or result in
damage to the lands, waters, air or natural resources.
Shall mean such elements and compounds, including petroleum
products, which are defined as such by the Department of Environmental
Protection of the State of New Jersey (NJDEP) or as are defined in
the National Fire Protection Association (NFPA) Guide of Hazardous
Materials or as are set forth in the list of hazardous substances
adopted by the Federal Environmental Protection Agency or as are defined
on the list of toxic pollutants designated by Congress or the Environmental
Protection Agency; provided, however, that sewage and sewage sludge
shall not be considered as hazardous substances for the purpose of
this section. This definition also includes substances which the Emergency
Management Coordinator has reasonable reason to believe are hazardous
substances.
Shall mean public or private corporations, companies, associations,
societies, firms, partnerships, joint stock companies, individuals
or any other entity.
Shall mean 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.
[Ord. #1308, § 3, 6-9-1998, adopted]
Any person who causes, by act or omission, or
is otherwise responsible for, a discharge of hazardous substances
which requires cleanup or abatement by the Township or one of its
fire companies shall be liable for the payment of all costs incurred
by the Township and the fire department as a result of such cleanup
or abatement activity. The owner of real or personal property from
which a discharge of hazardous substances occurs is responsible for
the cost of cleanup or abatement. The remedy provided by this section
shall be in addition to any other remedies provided by law.
[Ord. #1308, § 4, 6-9-1998, adopted]
For the purposes of this section, costs incurred
by the Township shall include but shall not necessarily be limited
to the following: actual labor costs of fire department personnel,
including workers' compensation benefits, fringe benefits and administrative
overhead; cost of equipment operation; cost of materials; and the
cost of any outside contract for labor and materials. A fee schedule
shall be established by resolution of the Township Committee as amended
from time to time.
[Ord. #1308, § 5, 6-9-1998, adopted]
The cost of materials to be reimbursed to the
Township shall include, without limitation, fire-fighting foam, chemical
extinguishing agents, absorbent material, sand recovery drums and
specialized protective equipment including acid suits, acid gloves,
goggles and protective clothing.
[Ord. #1308, § 6, 6-9-1998, adopted]
Upon obtaining any information that a hazardous
discharge has occurred in the Township (unless previously notified
of a hazardous discharge by NJDEP), the appropriate Township officials
shall immediately notify NJDEP of such hazardous discharge in accordance
with the requirements of all applicable NJDEP statutes and regulations.
