[Ord. No. 90-28 § 1]
The Township or any of its departments or authorized agents
may clean up and remove any release or spill of hazardous substances
or suspected hazardous substance which occurs within the Township.
No clean up or removal shall be conducted without prior approval of
the Township Administrator and/or Health Officer.
[Ord. No. 90-28 § 2]
As used in this chapter:
All costs associated with a release/spill or fire involving
hazardous substances or suspected hazardous substance incurred by
the Township, its departments or authorized agents:
In the containment/isolation, removal or disposal
of hazardous substances or suspected 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 sediments, soils and other affected
property, including wildlife and other natural resources.
Such elements and compounds, including petroleum or 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.
Sewage and sewage sludge shall be considered hazardous substances
for the purpose of this chapter.
Public or private corporations, companies' associations,
societies, firm's 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 action or omission resulting in the releasing, discharging,
spilling, leaking, pumping, pouring, emitting, emptying or dumping
of hazardous substances or suspected hazardous materials 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.
[Ord. No. 90-28 § 3]
Any person who causes by act or omission, or is otherwise responsible
for the release of hazardous substances or suspected hazardous substances
which require containment, isolation, personal protection, clean up,
removal, or disposal by the Township shall be liable for the payment
of all costs incurred by the Township, its departments or authorized
agents as a result of such actions and/or activities. The remedy provided
by this chapter shall be in addition to any other remedies provided
by law.
[Ord. No. 90-28 § 4]
For the purposes of this chapter, response costs incurred by
the Township, its departments or authorized agent shall include, but
not be limited to the following: actual labor costs of the responding
personnel and volunteers including Workers' Compensation benefits,
fringe benefits, administrative overhead; cost of equipment operation;
cost of materials; the cost of any outside contact for labor and materials;
and the cost of transportation and disposal.
[Ord. No. 90-28 § 5]
The cost of materials to be reimbursed shall include, but not
be limited to, the following: fire fighting foam, chemical extinguishing
agents, absorbent material, recovery drums, and specialized protective
equipment including acid suits, acid gloves, goggles and protective
clothing.
