[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 2-4-2014 by Ord.
No. 2014-1 (Ch. 146 of the 1986 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All costs associated with a discharge within the boundaries
of the Borough of Penns Grove, 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 Penns Grove, including the lands,
private and public, therein.
Any intentional or unintentional action or omission resulting
in the release, spill, leak, emission, dump or disposal of hazardous
substances into the waters or lands within the Borough of Penns Grove
or outside the Borough when damage may result to the waters or lands
inside the Borough.
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 chapter.
Any individual, public or private corporation, companies,
association, societies, firms, partnerships or joint-stock companies.
Any person who has discharged or caused to be discharged, either
intentionally or unintentionally, directly or indirectly, a hazardous
substance, or who is in any way responsible for any hazardous substance
which has been or shall be discharged within the Borough, shall be
strictly liable, jointly and severally, without regard to fault, and
shall be responsible for all cleanup and disposal costs, including
all wages (regular and overtime) paid and all costs of medical and
hospital treatment for injuries incurred by the agents, servants and
employees of the Borough. This section shall not apply to discharge
of hazardous substances pursuant to and in compliance with the conditions
of a federal or state permit.
Reimbursement to the Borough for items expended and cost incurred
shall be made by the owner or operator of the vehicle responsible
for or involved in the hazardous material fire, leak or spill of hazardous
material; the owner or person responsible for the vessel containing
the hazardous material involved in such fire, leak or spill on public
or private property, whether stationary or in transit and whether
accidental or through negligence; the owner or person responsible
for any property from which any leak or spill of hazardous material
emanates, whether accidental or through negligence; and the person
responsible for the hazardous material fire, leak or spill of hazardous
material on public or private property, whether accidental or through
negligence; and, further, this responsibility shall also apply to
all persons who have intentionally, unintentionally, directly or indirectly
discharged or caused to be discharged hazardous material substance
within the Borough of Penns Grove.
Any person causing or the owner of any vehicle causing or involved
in a hazardous material fire, leak or spill or release involving a
hazardous material must provide reimbursement for services rendered
by or damage caused to any recovery company, towing company, fire
department, rescue department, or any other technical assistance called
for by the Borough to handle such incident. In the event of a vehicle
having been responsible for an incident, such vehicle shall be impounded
until such time it is deemed safe to proceed by the responsible official
in conjunction and cooperation with the Borough of Penns Grove.
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 governing body exclusively upon the
reasonableness of the amount assessed.
Full reimbursement shall be made to the Borough by the person
or persons responsible not later than 45 days after receipt of an
itemized invoice from the Borough of Penns Grove. The person responsible
for the discharge shall be liable for all reasonable attorney fees
and costs incurred in the collection of cleanup and removal costs.
