[Ord. No. 98-7 § 1]
The purpose of this section is to authorize and establish guidelines
for reimbursement to the Borough for any and all costs incurred by
the Borough as a result of a discharge of hazardous substance.
[Ord. No. 98-7 § 2; Ord. No. 2014-1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean all costs associated with a discharge within the
boundaries of the Borough, 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 Elmer, including the lands, private
and public, therein.
Shall mean any intentional or unintentional action, omission
or accident resulting in the release, spill, leak, emission, dump
or disposal of hazardous substances into the waters or upon lands
within the Borough or outside the Borough which may result in or causes
damages to the waters or lands within the Borough.
Shall mean 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 section.
Shall mean any individual, public or private corporation,
companies, association, societies, firms, partnerships or joint-stock
companies.
[Ord. No. 98-7 § 3; Ord. No. 2014-1]
Any person who shall discharge hazardous substances within the
Borough shall be strictly liable for all cleanup and removal costs
incurred by the Borough or agencies and employees thereon.
[Ord. No. 98-7 § 4; Ord. No. 2014-1]
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 exclusively upon
the reasonableness of the amount assessed.
[Ord. No. 98-7 § 5; Ord. No. 2014-1]
The person responsible for the discharge shall be liable for
all reasonable attorney's fees and costs incurred in the collection
of cleanup and removal costs.
