[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:
CLEAN UP AND REMOVAL COSTS
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.
DISCHARGE
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.
HAZARDOUS SUBSTANCES
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.
PERSON
Shall mean public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals or any other entity.
PETROLEUM
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.