A.Â
The Mayor shall appoint an Emergency Management Coordinator from
among the residents of the municipality. The Emergency Management
Coordinator shall serve, subject to fulfilling the requirements of
this section, for a term of three (3) years.
B.Â
As a condition of his appointment and his right to continue for the
full term of his appointment, the Emergency Management Coordinator
shall have successfully completed, at the time of his appointment
or within one (1) year immediately following his appointment, the
current approved civil defense director-coordinator course. The failure
of any Emergency Management Coordinator to fulfill such requirements
within the period prescribed shall disqualify the Coordinator from
continuing in the office of Coordinator, and thereupon a vacancy in
said office shall be deemed to have been created.
A.Â
The Emergency Management Coordinator shall be responsible for the
planning, activating, coordinating and the conduct of disaster control
operations within the Township.
B.Â
Whenever, in his opinion, a disaster has occurred or is imminent
in the Township, the Emergency Management Coordinator shall proclaim
a state of local disaster emergency within the Township. The Emergency
Management Coordinator, in accordance with regulations promulgated
by the State Civilian Defense Director, shall be empowered to issue
and enforce such orders as may be necessary to implement and carry
out disaster control operations and to protect the health, safety
and resources of the residents of the Township.
There is hereby created an Emergency Management Service Council
to be composed of not more than fifteen (15) members who shall be
appointed by the Mayor and shall hold office at the will and pleasure
of the Mayor. The Emergency Management Coordinator shall be a member
and shall serve as Chairman of the Emergency Management Service Council.
[Ord. #95-01, § 17-4]
Sections 17-4 through 17-15 are enacted pursuant to New Jersey Law including, without limitation, N.J.S.A. 40:42-1, et seq. and N.J.S. 40:48-1 and other applicable enabling legislation permitting municipalities to take action to provide for the public health, safety and welfare. Pursuant thereto, the Township Committee of Plumsted Township, does hereby adopt §§ 17-4 through 17-15 in order to provide that any costs and expense incurred by the Township and by voluntary hazardous material response teams (including those who respond through mutual aid including, without limitation, fire companies and first aid squads and those as spelled out in the Emergency Management Plan of Plumsted Township) shall be borne by the spiller and/or responsible party and/or releasor of such hazardous materials and/or substances and pollutants as defined herein and as may be set forth and defined under New Jersey law including, without limitation, those hazardous substances, chemicals, pollutants and materials that may be defined in any Act of the State of New Jersey including, without limitation, the Spill Compensation and Control Act and such legislation and regulations that define same and as also provided under the N.F.P.A. Guide of Hazardous Materials; the New Jersey Department of Transportation Guidebook; the Hazardous Substance List adopted by the Environmental Protection Agency of the United States pursuant to the Clean Water Act, the Clean Air Act, the Federal Water Pollution Control Act and other pollutants and toxins designated by Congress and/or the EPA and/or N.J.D.E.P.E. as well as any hospital or medical waste, any materials or substances warranting removal or cleanup in the opinion of the Office of Emergency Management of the Township of Plumsted and/or the Ocean County Board of Health.
[Ord. #95-09, § 17-5]
As used in this chapter, the following terms shall have and
include the meanings hereinafter prescribed.
Any material, solid, liquid, or gas, listed as such under
the N.F.P.A. Guide Book of Hazardous Materials, the list of hazardous
substances adopted by the Federal Environmental Protection Agency
(EPA), pursuant to Section 311 of the Federal Water Pollution Control
Amendment of 1972, as amended by the Clean Water Act of 1977, and
as amended and supplemented and the list of toxic pollutants designated
by Congress or the EPA, pursuant to Section 307 of the Federal Water
Pollution Control Act and any hospital or medical waste, including,
but not limited to, syringes, bandages and discarded pharmaceutical
products, and any material warranting removal or cleanup in the opinion
of the Plumsted Township Office of Emergency Management.
Any motorized equipment, registered or unregistered, including,
but not limited to, a passenger car, motorcycle, truck, tractor trailer,
tank truck, construction equipment, farm machinery, watercraft, aircraft
and trains.
A "vessel" is any container, drum, box cylinder or tank used
to hold or contain or carry or store any hazardous materials, whether
or not said container was manufactured for the containment of a hazardous
material.
Any intentional or unintentional act, action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of any hazardous substances into any waters which
flow within the jurisdiction of this Township or any land within the
corporate limits and/or jurisdiction of this Township.
Any items used to extinguish or prevent any hazardous material
fire, or stop or contain any leak, release or spill involving any
hazardous material which cannot be reused or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to fire fighting foam, chemical extinguishing
agents, absorbent materials, sand, recovery drums, and any protective
equipment and clothing to include, but not restricted to, chemical
protective suits, chemical protective gloves, goggles, and any other
items owned or controlled by the Plumsted Township and/or any public
related full time or voluntary response time.
Shall include the Plumsted Township employees, agents, officers,
officials, and supporting units as directed by the Office of Emergency
Management.
Shall be the Township of Plumsted.
[Ord. #95-09, § 17-6]
Without limitations, §§ 17-4 through 17-15 and this chapter provide for the reimbursement of any and all equipment utilized by Plumsted Township and others as defined for costs expended without regard to ownership for the purposes of mitigating, controlling or continuing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same; also for the reimbursement for the expenses incurred by the Township for the wages (regular and overtime) paid to its employees, agents, or servants as a result of any incident involving a hazardous material fire, leak, release or spill of a hazardous material and for the costs incurred by agents, servants and employees of the Township and others as defined.
Sections 17-4 through 17-15 also provide for penalties and as indicated aforesaid; provides for the repayment and collection of all expenses incurred by voluntary hazardous material response teams including those who respond through mutual aid such as fire companies and first aid squads and those as also may be spelled out in the Plumsted Township Emergency Operations Plan.
[Ord. #95-09, § 17-7]
A.Â
The discharge of hazardous substances and materials is prohibited.
This section shall not apply to discharge of hazardous substances
pursuant to and in full authorized compliance with the conditions
of a federal or state permit.
B.Â
Any person and/or entity who may be subject to liability for a discharge
or become aware of a discharge which occurred prior to or after the
effective dates of this chapter shall immediately notify Plumsted
Township Emergency Management or the Township Clerk.
C.Â
Whenever any hazardous substances is discharged, the Township may
in its discretion act to remove or arrange for the removal of such
discharge.
D.Â
Any person and/or entity who has discharged a hazardous material
and/or substance or who has failed to report a discharge or who is
in any way responsible for any hazardous substance and material which
has been or shall be removed by the Township shall be strictly liable,
jointly and severally, without regard to fault for all cleanup and
removal costs and shall be liable for the wages (regular and overtime)
paid and the costs of medical and hospital treatment for injuries
and diseases incurred by the agents, servants and employees of the
Township and/or others as defined herein.
[Ord. #95-09, § 17-8]
Reimbursement to the Township, and voluntary hazardous material
response teams and others as hereinbefore indicated shall be made
by the owner or operator of the vehicle responsible for the hazardous
material fire, leak or spill of hazardous material; by 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; by the owner or person responsible for any property from
which any leak or spill of hazardous material emanates, whether accidental
or through negligence; and by the person responsible for the hazardous
material fire, leak or spill of hazardous material on public or private
property whether accidental or through negligence. They are also to
be deemed to be strictly liable for same.
[Ord. # 95-09, § 17-9]
Any person and/or entity causing any hazardous material fire, leak, spill or release involving a hazardous material and substance must provide for services rendered by any recovery company, towing company or any other technical assistance called for by the Township to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and in cooperation with Plumsted Township and the New Jersey State Police and until such time as arrangements have been made to reimburse the Township and the towing company for their expenditures under the terms of §§ 17-4 through 17-15.
[Ord. #95-09, § 17-10]
Any person and/or entity responsible for any fire, leak, spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill and for all costs and expenses set forth in §§ 17-4 through 17-15 within forty-five (45) days after receipt of a bill therefor. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect said costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of the same.
[Ord. #95-09, § 17-11]
A.Â
The Township may seek such remedies in any Court as it may determine
in its discretion.
B.Â
Any person, corporation, entity and/or others violating any provisions of this §§ 17-4 through 17-15 and any person, corporation or entity or others violating and responsible for any fire, leak or spill of hazardous materials or substances who fails to reimburse the Township and others as provided herein within the time required shall be liable and subject to a penalty and/or fine for each violation and each offense that shall include the following in the discretion of the Court:
C.Â
fine not exceeding one thousand dollars ($1,000) and/or imprisonment in the county jail or a place of detention for a term not exceeding ninety (90) days and/or required to perform community service for a period not exceeding ninety (90) days; all in the discretion of the Court and as the Court may direct. The penalties set forth herein are subject to be imposed upon any person, corporation, entity and/or others violating any provisions of §§ 17-4 through 17-15 and the Court shall have the ability to impose each penalty set forth or impose one of them or any combination of them or all of them all in the discretion of the combination of them or all of them all in the discretion of the Court.
[Ord. #95-09, § 17-12]
All ordinances or parts hereof which are inconsistent with or
in conflict with this ordinance or any part hereof are hereby repealed
to the extent of said inconsistency.
[Ord. § 95-09, § 17-13]
If the provisions of any section, subsection, paragraph, subdivision or clause of §§ 17-4 through 17-15 shall be adjudged invalid by a court or entity of competent jurisdiction, such Order or Judgment from the Court and/or an administrative law proceeding and/or other appropriate public entity having jurisdiction shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of §§ 17-4 through 17-15 or any ordinance which is referred to herein by reference and to this end, the provisions of this section, subsection, paragraph, subdivision or clause of §§ 17-4 through 17-15 are hereby declared to be severable.
[Ord. #95-09, § 17-14]
[Ord. # 95-09, 17-15]
