[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-1992 by Ord. No. 92:15]
As used in this article, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge within or into the boundaries of the Borough of Somerdale, which shall include labor and material for the removal of hazardous substances or taking of reasonable measures to prevent or mitigate, damages to the public health, safety or welfare of the residents of the Borough of Somerdale, including the lands, private and public, therein.
- Any intentional or unintentional action or omission resulting in the release, spill, leak, emission, dumping or disposal of hazardous substances into the waters, air or lands within the Borough of Somerdale, or outside the Borough when damage may result to the waters, air or lands inside the Borough.
- HAZARDOUS SUBSTANCE
- All elements and compounds, including petroleum products as set forth within N.J.S.A. 58:10-23.11b, as amended, except that sewage and sewage sludge shall be considered "hazardous substances" for the purpose of this article.
- Any individual, public or private corporation, company, association, society, firm, partnership or joint-stock company.
Any person who shall discharge or cause to be discharged any hazardous substances within or into the Borough of Somerdale shall be strictly liable for all cleanup and removal costs incurred by the Borough of Somerdale, or any agencies and employees thereof.
Upon the occurrence of any discharge of hazardous substances and after the cleanup and removal of such hazardous substances involving the Borough of Somerdale, or any agency or employee thereof, the Emergency Management Coordinator of the Borough or the Deputy Coordinator shall calculate the costs and expenses incurred as a result of the cleanup of said hazardous substances discharge and forward on a bill for any and all Borough services related thereto by certified mail, return receipt requested, to the person liable for such cleanup and removal costs.
Upon assessment of cleanup and removal costs, the person assessed may, within 10 days of receipt of such assessment, make a written request for a hearing before the Borough Council; said hearing is to be solely and exclusively upon the issue of the reasonableness of the amount assessed.
The person responsible for the discharge shall be liable for all reasonable attorneys' fees and costs incurred in the collection of cleanup and removal costs, in the event that the assessment remains unpaid 30 days after receipt of said assessment.