[HISTORY: Adopted by the Township Committee of the Township
of Sandyston as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Volunteer Fire Department — See Ch. 11.
[Adopted 10-11-2011 by Ord. No. 2011-08]
A.
The Sandyston Township Volunteer Fire Department, Inc., is authorized,
but not required, to mitigate the effects of any hazardous material
unlawfully released, discharged or deposited upon or into any property
or facilities within the Township. The following described persons
shall be jointly and severally liable to the Township for payment
of all costs incurred by the Township as a result of such mitigation
activity.
(1)
The person or persons whose negligent or willful act or omission
proximately caused such release, discharge or deposit;
(2)
The person or persons who owned or had custody or control of the
hazardous substance or waste at the time of such release, discharge
or deposit, without regard to fault or proximate cause;
(3)
The person or persons who owned or had custody or control of the
container which held such hazardous waste or substance at the time
or immediately prior to such release, discharge or deposit, without
regard to fault or proximate cause; and
(4)
The person or person who owned or controlled the land on which the
hazardous material was deposited or from which the hazardous material
was released or discharged.
B.
In the event that any person undertakes, either voluntarily or upon order of a Township official, to cleanup or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities with the Township, the Township may take such action as is necessary to supervise or verify the adequacy of the clean up or abatement. The person described in Subsection A(1) of this section shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C.
For purposes of this section, "hazardous material" means any material
that, because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to
human health and safety or to the environment if released into the
workplace or the environment.
D.
For purposes of this section, costs incurred by the Township shall
include, but shall not necessarily be limited, to the following: actual
labor costs of Township personnel, including benefits and administrative
overhead; costs of equipment operation; cost of any contract labor
and material.
E.
The remedies provided in this section shall be in addition to any
other remedies provided by the law.
F.
The authority to recover costs under this section shall not include
actual fire-suppression services which are normally or usually provided
by the Fire Department.