[HISTORY: Adopted by the Mayor and Council of the Borough
of Chatham as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-15-2013 by Ord. No. 13-18[1]]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 205 but was renumbered to maintain the organizational structure
of the Code.
This chapter provides for the reimbursement to the Borough of
any and all costs expended in connection with the remediation of a
discharge of hazardous substances, as those terms are defined by state
environmental laws and regulations, including petroleum and petroleum-based
products. The provisions of this chapter shall not be construed to
apply to any ongoing remediation in compliance with state law.
The Borough of Chatham Fire Department, Police Department, Board
of Health and Department of Public Works, as well as the Borough's
approved agents and/or contractors, are authorized, but not required,
to mitigate the effects of any hazardous substance unlawfully discharged
upon or into any property, waters, facility, building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, impoundment,
ditch, storage container, or motor vehicle within the Borough. In
the event that the Borough undertakes any remediation or mitigative
measures, it shall not be a person responsible for conducting the
remediation as that term is defined by state environmental laws and
regulations.
Any person who has discharged a hazardous substance or who has
failed to report a discharge or who "is in any way responsible for
a discharged hazardous substance" as that term is defined by state
environmental laws and regulations shall be liable, strictly, jointly
and severally, without regard to fault, for all cleanup and removal
costs incurred by the Borough.
In the event that any person undertakes, either voluntarily
or upon order of a Borough official or other authority having jurisdiction,
to remediate the effects of any hazardous substance unlawfully discharged
upon or into any property, waters, facility, building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, impoundment,
ditch, storage container, or motor vehicle within the Borough, the
Borough may take such action as is necessary to supervise or verify
the adequacy of the remediation. All persons described above shall
be strictly liable to the Borough for all costs incurred as a result
of such supervision or verification.
Costs incurred by the Borough shall include, but shall not necessarily
be limited to, the following: actual labor costs of Borough personnel,
including benefits and administrative overhead; costs of equipment
operation, maintenance and repair; costs to repair any Borough equipment,
vehicles, tools, machines or other personal property; costs of any
contract labor and material; and attorney's fees and consultant's
fees.
A.Â
Any person and/or entity responsible for any discharge of a hazardous
substance shall reimburse the Borough the full price of expendable
items and costs used to address such discharge and for all costs and
expenses set forth in this chapter within 45 days after receipt of
a statement from the Borough outlining said costs and expenses.
B.Â
Whenever any person and/or entity responsible for any discharge of
a hazardous substance fails to remit payment within 45 days as prescribed
herein, the Borough may bring an action in a court of competent jurisdiction
to recover such costs, including reasonable attorney fees and costs.
C.Â
The remedies provided in this article shall be in addition to any
other remedies provided by the law. The recovery of costs incurred
under this article does not limit the liability of responsible parties
under local ordinance or state or federal law, rule or regulations.
