Chapter 43. Clean Up of Hazardous Substances

CHAPTER 43 CLEAN UP OF HAZARDOUS SUBSTANCES

§ 43-1. Enactment

§ 43-2. Definitions

§ 43-3. Purpose

§ 43-4. Prohibition

§ 43-5 Parties Responsible

§ 43-6 Reimbursement

§ 43-7 Penalties

§ 43-8 Repealer

§ 43-9. Severability

§ 43-10. Effective Date

HISTORY: Adopted by the Township Council of the Township of Gloucester as Ord. No. 0-93-61 on 12-27-93. Subsequent amendments noted where applicable.

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 43-1. Enactment

This Ordinance is enacted pursuant to N.J.S.A. 40:42-1 et seq., The Home Rule Act which directs municipalities to act to provide for the health, welfare and safety of its citizens.

§43-2. Definitions

Definitions as used in this Ordinance, the following terms shall have the meanings indicated:

1. CLEANUP AND DISPOSAL COSTS - All costs associated with a discharge within the boundaries of the Township of Gloucester, which shall include labor and material for disposal 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 Township of Gloucester, including the lands, private and public, therein.

2. COLLECTING AGENCY - shall be the Township of Gloucester

3. DISCHARGE - Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting emptying or dumping of hazardous substances into any waters or on any lands within the jurisdiction of the Township of Gloucester.

4. EXPENDABLE ITEMS - any items used to extinguish or prevent any hazardous material or hazardous substance fire, or stop or contain any leak release or spill involving any hazardous material or hazardous substance 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 item owned or controlled by the Township of Gloucester.

5. HAZARDOUS MATERIALS - Any material, solid, liquid or gas, listed as such under the N.F.P.A. Guide of Hazardous Materials, the Department of Transportation Guide Book, and as set forth under N.J.S.A. 58:10-23.11b.

6. HAZARDOUS SUBSTANCES - 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 Ordinance. The list of hazardous substances adopted by the Federal Environment Protection Agency (EPA) pursuant to Section 311 of the Federal Water Pollution Control Act, any hospital or medical waste, including but not limited to, syringes, bandages and discarded pharmaceutical products and any material warranting removal or clean-up in the opinion of the Township of Gloucester, Office of Emergency Management.

7. PERSON - any individual, public or private corporation, companies, association, societies, firms, partnerships or joint-stock companies.

8. TOWNSHIP - shall include the Gloucester Township employees, agents, officers, officials, and supporting units ad directed by the Office of Emergency Management, including but not limited to police, Fire District personnel, volunteer fire and rescue departments.

9. VEHICLE - any motorized equipment, registered or unregistered, including but not limited to, a passenger car, motorcycle, truck, tractor, construction equipment, farm machinery, watercraft, aircraft and trains.

10. VESSEL - any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous materials or hazardous substances, whether or not said container was manufactured for the containment of hazardous material or hazardous substances.

§ 43-3. Purpose

This Ordinance provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Township of Gloucester, for costs expended, without regard to ownership, for the purpose of mitigating, controlling or containing any incident in which a hazardous material is involved in a leak, release of spill, or where the potential thereof exists, or the prevention of same.

This Ordinance also provides for the reimbursement for the expense incurred by the Township of Gloucester for the wages (regular or overtime) paid to its employees, agent, or servants as a result of an incident involving a hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants, and employees of the Township of Gloucester.

This Ordinance also provides for reimbursement by the person responsible for the discharge for all reasonable attorney's fees.

This Ordinance also provides for full reimbursement to the Township by the person or persons responsible not later than forty-five (45) days after receipt of an itemized invoice from the Township of Gloucester.

This Ordinance also provides for a penalty for the violation of the Ordinance for either committing a spill or for failure to make reimbursement.

§ 43-4. Prohibition, Hazardous Substances, Discharge, Parties Liable.

1. The discharge of hazardous substances is prohibited. Any person who has discharged or caused to be discharged, either intentionally or unintentionally, directly or indirectly a hazardous substance, or who is in any way responsible for any hazardous substance which has been or shall be discharges within the Township, shall be strictly liable, jointly and severally, without regard to fault, and shall be responsible for all clean-up and disposal costs including all wages (regular and overtime) paid and all costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Township. This section shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a Federal or State permit.

2. Any person who may be subject to liability for a discharge, or becomes aware of a discharge which occurred prior to or after the effective date of this Ordinance shall immediately notify the Township of Gloucester, Office of Emergency Management at 228-4000 ext. 430 or 228-4500.

3. Whenever any hazardous substance is discharged, the Township may in their discretion act to remove or arrange for removal of such discharge.

§43-5 Parties Responsible

Reimbursement to the Township are items expended and cost incurred shall be made by the owner or operator of the vehicle responsible for or involved in the hazardous material fire, leak or spill of hazardous material: 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: the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence and the person responsible for the hazardous material, fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence and further, this responsibility shall also apply to all persons who have intentionally, unintentionally, directly or indirectly discharged or caused to be discharged hazardous material substance within the Township of Gloucester.

§ 43-6. Reimbursement for Services of Recovery Company, Towing Company or Technical Assistance.

Any person causing or the owner of any vehicle causing or involved in, a hazardous material fire, leak or spill or release involving a hazardous material must provide reimbursement for services rendered by, or damage caused to any recovery company, towing company, Fire Dept., Rescue Department, 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 it is deemed safe to proceed by the responsible official in conjunction and cooperation with the Township of Gloucester.

§ 43-7. Penalties

The person or entity responsible for or involved in any fire, leak or spill of hazardous material who fails to reimburse the Township shall be subject to a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00) per day, or by imprisonment for a period of not more than six (6) months, or both. the person or entity responsible for committing a spill, or who is involved in a spill, will be liable for the same penalties as aforesaid stated.

§ 43-8. Repealer

All ordinances or parts of ordinances inconsistent with the terms hereof are hereby repealed to the extent of such inconsistency only.

§43-9. Inconsistency

If any section, paragraph, subsection, clause or provisions of this ordinance shall be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of this ordinance as a whole or any other part thereof.

§43-10. When Effective

This Ordinance shall take effect immediately upon its final passage and publication as provided by law.