[HISTORY: Adopted by the Township Council of the Township of Logan
4-6-1993 by Ord. No. 5-1993. Amendments noted where applicable.]
As used in this chapter, the following terms mean:
All expenses associated with a discharge within Logan Township, including
but not limited to, labor and material for removal of hazardous substances
and/or the taking of reasonable measures to prevent, mitigate, or eliminate
actual or threatened damage to the public health, safety, and welfare of the
residents of Logan Township and/or lands, public or private, located within
Logan Township.
Any intentional or unintentional act or omission resulting in the
release, spill, leak, emission, dump or disposal of hazardous substances into
the waters or lands within Logan Township or beyond the township when damage
to the waters or lands of the township is threatened.
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/or sewage
sludge shall be considered hazardous substances for the purpose of this chapter.
Any individual, public or private corporation, companies, associations,
societies, firms, partnerships, joint-stock companies or other entities.
Any person who shall discharge hazardous substances within the Township
of Logan shall be strictly liable for all cleanup and removal costs incurred
by the Township of Logan, its agents or employees.
A.
Costs incurred by the township shall be related to actions
taken in response to a discharge which have been taken, directed or approved
in accordance with the Emergency Management Program administered by the Emergency
Management Coordinator of the Township of Logan.
B.
The Emergency Management Coordinator shall prepare the
assessment of cleanup and removal costs and the person assessed may, within
10 days of receipt of such assessment, request a hearing before the Logan
Township Council on the reasonableness of the amount assessed by submitting
such request to the Logan Township Clerk.
C.
If requested, the Township Council shall schedule the
hearing within 30 days of receipt of the request by the Logan Township Clerk.
If no request is received by the Township Clerk within the allotted time,
the assessment shall be paid within 15 days of the assessment.
A.
In the event costs assessed are not paid within 15 days
of the assessment, the Township Attorney shall initiate legal proceedings
and seek a judgment for payment of such costs together with reasonable attorney's
fees and litigation costs.
B.
In the event of a timely request for a hearing on the amount of the assessment, no action shall be filed for collection until a decision is rendered by the Township Council. If Council affirms the assessment in whole or in part, the amount affirmed shall be paid within the time permitted by Subsection A.
