[HISTORY: Adopted by the Township Committee of the Township
of Harding 6-11-2018 by Ord. No.
09-18. Amendments noted where applicable.]
This chapter provides for the reimbursement to the Township
of any and all costs expended in connection with the remediation of
a discharge of hazardous substances, as those terms are defined by
state environmental laws and regulations, including petroleum and
petroleum-based products. The provisions of this chapter shall not
be construed to apply to any ongoing remediation in compliance with
state law.
The New Vernon Fire Department, Police Department, Board of
Health, and Department of Public Works, as well as the Township Committee
as approved agents and/or contractors, are authorized, but not required,
to mitigate the effects of any hazardous substance unlawfully discharged
upon or into any property, waters, facility, building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, impoundment,
ditch, storage container, or motor vehicle within the Township. In
the event that the Township undertakes any remediation or mitigative
measures, it shall not be a person responsible for conducting the
remediation as that term is defined by state environmental laws and
regulations.
Any person who has discharged a hazardous substance or who has
failed to report a discharge or who "is in any way responsible for
a discharged hazardous substance" as that term is defined by state
environmental laws and regulations shall be liable, strictly, jointly,
and severally, without regard to fault, for all cleanup and removal
costs incurred by the Township, fire department, emergency squad,
police, or public works.
A.Â
In the event that any person undertakes, either voluntarily or upon
order of a Township official or other authority having jurisdiction,
to remediate the effects of any hazardous substance unlawfully discharged
upon or into any property, waters, facility, building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, impoundment,
ditch, storage container, or motor vehicle within the Township, the
Township may take such action as is necessary to supervise or verify
the adequacy of the remediation.
B.Â
All persons described above shall be strictly liable to the Township
for all costs incurred as a result of such supervision or verification.
Costs incurred by the Township shall include, but shall not
necessarily be limited to, the following: actual labor costs of Township
personnel, including benefits, and administrative overhead; costs
of equipment operation, maintenance and repair; costs to repair any
Township equipment, vehicles, tools, machines or other personal property;
costs of any contract labor and material; and attorney's fees
and consultant's fees.
A.Â
Any person and/or entity responsible for any discharge of a hazardous
substance shall reimburse the Township the full price of expendable
items and costs used to address such discharge and for all costs and
expenses set forth in this chapter within 45 days after receipt of
a statement from the Township outlining said costs and expenses.
B.Â
Whenever any person and/or entity responsible for any discharge of
a hazardous substance fails to remit payment within 45 days as prescribed
herein, the Township may bring an action in a court of competent jurisdiction
to recover such costs, including reasonable attorney fees and costs.
C.Â
The remedies provided in this article shall be in addition to any
other remedies provided by the law. The recovery of costs incurred
under this article does not limit the liability of responsible parties
under local ordinance or state or federal law, rule, or regulations.
