[HISTORY Adopted by the Township Council of the Township of Parsippany-Troy
Hills by Ord. No. 93:25. Amendments noted where applicable.]
A.
This chapter provides for the reimbursement and the replacement
of expended resources and non-reusable equipment maintained or procured by
the Township or its public safety agencies and used in the case of a release
or threatened release of any hazardous materials.
B.
This chapter entitles the Township and/or the Township's
public safety agencies to reimbursement for the costs of replacing non-reusable
equipment and expended resources utilized by the Township or the Township's
public safety agencies or any of its agencies in stopping or containing any
release of a hazardous material during an emergency response action.
As used in this chapter, the following terms shall have the meanings
indicated:
All of the activities conducted by the Township and/or the Township's
public safety agencies to clean up, remove, prevent, contain or mitigate a
discharge of hazardous materials that poses an immediate threat to the environment
or to the public health, safety or welfare.
In general, those resources expended that are reasonable, necessary
and allocable to the emergency response action. Expended resources shall include,
but are not limited to, the following:
Materials and supplies acquired, consumed or expended specifically for
the purpose of the emergency response action.
Compensation of employees or independent contractors for the time and
efforts developed specifically to the emergency response action.
Rental or leasing of equipment used specifically for the emergency response
action (such as protective, scientific and technical equipment, and clothing).
Replacement costs for equipment owned by the Township, the Township's
public safety agencies or a mutual aid company or department, that is contaminated
beyond reuse or repair, if the loss occurred during an emergency response
action (such as self-contained breathing apparatus irreparably contaminated
during the response).
Decontamination of equipment and personnel contaminated during an emergency
response action.
Special technical services specifically required for an emergency response
action (such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the Township).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency response
action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with services and supplies procured in response to
an evacuation resulting from a release.
Medical expenses incurred, including post-exposure medical surveillance.
Legal expenses incurred as a result of the emergency response action,
including efforts to recover expenses pursuant to this chapter.
Any material, solid, liquid or gas, classified as a hazardous material
by federal, state or local legislation or regulation.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into the waters or on to the lands within
the borders of the Township, or into waters outside the jurisdiction of the
Township, when damage may result to the lands, waters or natural resources
within the jurisdiction of the Township.
For the purposes of this chapter, any single-family dwelling or multifamily
dwelling of three units or less.
Any imminent or impending event potentially causing but not resulting
in a release, but causing the Township to undertake an emergency response
action.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, barrel, box cylinder or tank used to hold or
contain or carry or store any hazardous materials.
[Amended by Ord. No. 95:14]
A.
Reimbursement to the Township or the Township's public
safety agencies for the costs of any expended resources shall be made by the
following parties jointly and severally:
(1)
The owner or operator of any vehicle responsible for
or contributing to any release or threatened release of hazardous materials.
(2)
The owner or person responsible for any vessel containing
hazardous materials involved in or contributing to any release or threatened
release on public or private property whether stationary or in transit, whether
accidental or through the negligence of the owner or person responsible for
the vessel.
(3)
The owner or person responsible for any property, other
than those exempted in this chapter, from which any release or threatened
release of hazardous material emanates, whether accidental or through the
negligence or intentional acts of the owner or person responsible for the
property.
(4)
Any person responsible for or contributing to any release
or threatened release of hazardous material on public or private property
whether accidental or through the negligence or intentional acts of the person
responsible for contributing to the release or threatened release.
B.
All Township public safety agencies which responded to
the release shall submit to the Township Business Administrator a list detailing
the expended resources and replacement costs of the materials and supplies
expended for the release.
[Amended by Ord. No. 95:14]
Any person or company responsible for or contributing to any release or threatened release of a hazardous material must provide reimbursement directly to the Township or the Township's public safety agencies for services rendered by any recovery company, towing company or other technical assistance required by the Township to handle such incident. The Business Administrator shall submit to the responsible person or company a detailed invoice of the expended resources and replacement costs and request payment as provided by §§ 199-5 and 199-6.
Any person, owner or company responsible for or contributing to any
release or threatened release of hazardous materials shall reimburse the Township
of Parsippany-Troy Hills for the full price of replacing any non-usable equipment
or expended resources used in an emergency response action concerning any
release or threatened release within a period of 45 days after receipt of
a bill for such items from the Township of Parsippany-Troy Hills.
[Amended 12-20-2005 by Ord. No. 2005:31]
A.
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Township of Parsippany-Troy Hills within the time set forth in this chapter shall be subject to the penalty set forth in § 1-17.
B.
If, due to the responsible party's failure to reimburse the Township of Parsippany-Troy Hills, and in addition to any penalties that may be imposed pursuant to Subsection A of this section, should the Township seek to recover the costs of any non-usable equipment or expended resources used in an emergency response action concerning any release or threatened release, the responsible party shall reimburse the Township for all reasonable costs incurred to enforce this chapter, including attorney's fees.
Nothing in this chapter shall be construed to conflict with state or
federal laws requiring persons causing or responsible for any release or threatened
release of a hazardous material to engage in remediation activities or pay
the costs thereof, or both.
This chapter does not preclude or precede any other remedy that may
be available to the Township or the Township's public safety agencies for
reimbursement for expended resources as specified herein.
