[HISTORY: Adopted by the Township Committee of the Township
of Morris 4-25-1990 by Ord. No. 7-90 (Ch. 56 of the 1969 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All costs associated with a discharge of hazardous substances
incurred by the Township or its authorized agents in the removal or
attempted removal of hazardous substances or 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 sediment,
soils and other affected property, including wildlife and other natural
resources.
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, onto the lands
or into the air, which may or does cause damage or result in damage
to the lands, waters, air or natural resources.
Such elements and compounds, including petroleum products,
which are defined as such by the Department of Environmental Protection
of the State of New Jersey or as are defined in the N.F.P.A. 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 Federal Environmental Protection Agency; provided, however,
that sewage and sewage sludge shall not be considered as hazardous
substances for the purpose of this chapter.
Public or private corporations, companies, associations,
societies, firms, partnerships, joint-stock companies, individuals
or any other entity.
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.
Any person who causes, by act or omission, or is otherwise responsible
for the discharge of hazardous substances which requires cleanup or
abatement shall be liable for the payment of all costs incurred by
the Township of Morris or any of its departments or agents as a result
of such cleanup or abatement activity. The remedy provided by this
chapter shall be in addition to any other remedies provided by law.
For the purposes of this chapter, costs incurred by the Township
of Morris or any of its departments or agents shall include, but shall
not necessarily be limited to, the following: actual labor costs of
personnel, including workers' compensation benefits, fringe benefits,
administrative overhead, cost of equipment operation, cost of materials
and the cost of any outside contract for labor and materials.
The cost of materials to be reimbursed to the Township of Morris
or any of its departments or agents shall include, without limitation,
firefighting foam, chemical extinguishing agents, absorbent material,
sand recovery drums and specialized protective clothing, including
acid suits, acid gloves, goggles and protective clothing.
