[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
Article I Reimbursement of Cleanup Costs
[Adopted 12-1-2014 by Ord. No. 2014-8]
This article authorizes the Township and volunteer emergency service companies to respond to incidents where the discharge of hazardous substances has occurred and to require reimbursement for time and materials expended in connection with the response to any such discharge.
A fee schedule shall be established by resolution of the Township Committee and amended from time to time for materials.
The following fee schedule be adopted:
All materials expended, equipment damaged, or supplies purchased to support operations at the incident will be billed at replacement cost plus 10% for administrative cost.
The emergency services will be responsible for billing and collecting their reimbursements/costs. When Township departments (i.e., Fire Prevention and/or Police) are involved, they will bill/collect and forward to the Chief Financial Officer.
In this article, the following words and phrases shall have the following meanings:
- CLEAN UP AND REMOVAL COSTS
- All costs incurred by the Township or a volunteer services company in the removal or attempted removal of any hazardous substance; or 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.
- All costs incurred by the Township or a volunteer emergency services company, including but not limited to the following: actual labor costs of 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 costs fee schedule shall be established by resolution of the Township Committee and amended from time to time.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land or into the air.
- HAZARDOUS SUBSTANCE
- Any 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 Environmental Protection Agency. This definition shall also include substances that the Emergency Management Coordinator has reason to believe may be hazardous substances.
- All materials including but not limited to fire-fighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment such as acid suits, acid gloves, goggles and protective clothing.
- Any public or private corporation, company, association, society, firm, partnership, joint stock company, individual, or other entity.
- PETROLEUM PRODUCT
- 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.
The Township and volunteer emergency services companies in the Township are hereby authorized to clean up and remove any discharge of hazardous substance (but not to exceed Level One first responder awareness and first responder operational) which occurs within the Township, or outside the boundaries of the Township when authorized by agreement between the Township and any other governing body.
Any person who causes, by act or omission, or is otherwise responsible for, a discharge of any hazardous substance which is cleaned up or abated by the Township or a volunteer emergency services company, including the owner of real or personal property from which a discharge of hazardous substances occurs, shall be liable for the payment of all costs incurred by the Township and the volunteer emergency services company as a result of such clean up or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.