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Home My Public Portal Aboutr 13-0289 � a�xttvn of toe Pormxgh of (garteret, 3q_ T- No. 13 - 28 Dale of Adolunt 'ebnlary 7 2 013 RESOLUTION IN SUPPORT OF A3128IS2094 CLARIFICATION OF THE "SPILL COMPENSATION & CONTROL ACT" WHEREAS, New Jersey's "Spill Compensation and Control Act" (Spill Act) was enacted in 1976; and WHEREAS, said Act was designed to ensure that the taxpayers of the State were not held responsible for environmental cleanup costs when a business or individual pollutes; and WHEREAS, A3128/S2094 clarifies that certain types of sewage and sewage sludge do not constitute hazardous substances under the "Spill Compensation and Control Act "; and WHEREAS, A3128/S2094 further clarifies that sewage treated by a municipality or municipal /regional sewage authority is not considered a hazardous substance under the Spill Act; and WHEREAS, this bill protects the taxpayers by ensuring that the cost of a cleanup will not be passed on to them; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Carteret supports the enactment of A3128/S2094 and urges members of the NJ Senate and Assembly to vote for these bills; BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the bill's sponsors, Senator M. Teresa Ruiz and Assemblyman John McKeon, and to Senator Joseph Vitale, Assemblymen John Wisniewski and Craig Coughlin. Adopted this 7th day of Febn>rary, 2013 and Certified as a true copy of the original. an February 8th, 2013. MUM M. 13iRff MT1 MJilicipal Clerk RECORD OF COUNCIL VOTE COUNCILRIAN YES NO NV A.R. COUNCII,AIAN Y ES N (F r NV A. B. BELLINO X X ` - DI AZ X _ N E X - X SITARZ X X - Indicate Vote AS - Absent NV - Not Voting XOR - Indienm, Vote in Ovenulc Vim Adopted al a meeting of the Municipal Council i nl aq b 7 2013 _ _ L1 tt �TCTI �, t k 1 U� Alx � of (jn jPZE 3q- No. 13- ,,,,,. �',�,�� '' Date of Adoplio 7 ZOL3 RESOLUTION SUPPORTING A BILL TO AMEND THE DEFINITION OF HAZARDOUS SUBSTANCES WITHIN THE SPILL COMPENSATION AND CONTROL ACT, N.J.S.A. 58:10- 23.11(b) WHEREAS, the Mayor and Council of the Borough of Carteret (the "Borough ") is a public body corporate and politic of the State of New Jersey; and WHEREAS, the Borough is a named Third Party Defendant in the pending environmental litigation captioned NJDEP v. Occidental Chemical et al. bearing Docket No. ESX- L- 9868 -05; and WHEREAS, in tine pending litigation the Third Party Plaintiffs are seeking contribution, among other things, from the Borough as a result of various alleged discharges of sewage and/or sewage sludge into the Arthur Kill, tire Passaic River Basin, and Newark Bay Complex; and WHEREAS, the Spill Compensation and Control Act (the "Act'), N.J.S.A. 58:10- 23.11(6), currently contains a definition of hazardous substances that reads as follows: "Hazardous substances" means the "environmental hazardous substances" on the environmental hazardous substance list adopted by the department pursuant to section 4 of P.L.1983, e.315 (C.34:5A -4); such elements and compounds, including petroleum products, which are defined as such by the department, after public hearing, and which shall be consistent to the maximum extent possible with, and which shall include, the list of hazardous substances adopted by the federal Environmental Protection Agency pursuant to section 311 [33 U.S.C. 132 1] of the Federal Water Pollution Control Act Amendments of 1972, Pub.L.92 -500, as amended by the Clean Water Act of 1977, Pub.L.95 -217 (33 U.S.C. § 1251 et seq.); the list of toxic pollutants designated by Congress or the EPA pursuant to section 307 [33 U.S.C. 1317] of that act; and the list of hazardous substances adopted by the federal Environmental Protection Agency pursuant to section 101 of the "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96 -510 (42 U.S.C. § 9601 et seq.); provided, however, that sewage and sewage sludge shall not be considered as hazardous substances for the purposes of P.L.1976, c.141 (C.58:10 -23.11 et seq.); and WHEREAS, this definition has been held by the New Jersey Courts to only apply to domestic sewage and sewage sludge from a public sewer system or publicly operated sewerage treatment plant; and WHEREAS, the legislative history for this section of the Act suggests that the Legislature intended for the definition to include all sewage and sewage sludge from a public sewer system or publicly operated sewerage treatment plant, whether domestic or commercial; and WHEREAS, the Legislature is now proposing an Amendment to Act that would clarify the definition of hazardous substance to read as follows: enviromnental hazardous substance list adopted by the department pursuant to section 4 of P.L.1983, c.315 (C.34:5A -4); such elements and compounds, including petroleum products, which are defined as such by the department, after public hearing, and which shall be consistent to the maximum extent possible with, and which shall include, the list of hazardous substances adopted by the federal Environmental Protection Agency pursuant to section 311 [33 U.S.C. 1321] of the Federal Water Pollution Control Act Amendments of 1972, Pub.L.92 -500, as amended by tine Clean Water Act of 1977, Pub.L.95 -217 (33 U.S.C. § 1251 et seq.); the list of toxic pollutants designated by Congress§ or the EPA pursuant to section 307 [33 U.S.C. 1317] of that act; and tine list of hazardous substances adopted by the federal Environmental Protection Agency pursuant to section 101 of the "Comprehensive Environmental Response, Compensation and. Liability Act of 1980," Pub.L.96 -510 (42 U.S.C. § 9601 et seq.); provided, however, that NO. 13-2$ PAG sewage and sewage sludge including, but not limited to, any domestic commercial or industrial wastewater, sewage or sewage sludge collected by or expelled from a sanitary sewer system or a public sewage treatment Ip ant shall not be considered as hazardous substances for the purposes of P.L.1976, c.141 (C.53:10 -23.1 I et seq.); and WHEREAS, the Legislature is also proposing an Amendment to Act that would define "Public sewage treatment plant" to read as follows: "Public sewage treatment plant" means any publicly owned structure device or facility used to treat or process do nestic commercial or industrial sewage sewage sludge or wastewater WHEREAS, the Borough is in full support of the adoption of the proposed Amendment to the definition of hazardous substances under the Act and inclusion of a definition of "Public sewer treatment plant; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Carteret, that the Mayor and Council be and hereby supports the adoption of the amendment to N.J.S.A. 53:10- 23.11(b), which clarifies the definition of hazardous substance by excluding any domestic, commercial and/or industrial sewage and sewage sludge discharged to or through a public sewage system or to or through a public sewage treatment plant from the definition; and BE IT FURTHER RESOLVED that the Municipal Clerk of the Borough of Carteret be and hereby is authorized to distribute copies of this Resolution to all appropriate officials and agencies including its Legislative Representatives, the Governor, and the Lieutenant Governor. BE IT FURTHER RESOLVED that no further action of the Mayor and Council shall be required in connection with this matter and this resolution shall take effect immediately. Adopted this 7" day of February, 2013 and certified as a true copy of the original on February 3, 2013. KATHLEEN M. BARNEY, Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCI UN IAIAN YES NO NV A.B. X - Indicate Vnte AB - Absent NV - Not Vining XOR - fndiamc.c Vote to Ovenule Veto Adopted at a meeting of the Municipal Council -- Fe1xltNty 7, 2013 CLERK Barney, Kathy From: Bergen, Robert Sent: Wednesday, March 13, 2013 10:34 AM To: Barney, Kathy Subject: RE: resolution I am not sure where you got that one. I thought it was the one I sent you. Just replace it with this correct one. It is only a . 'sense of the council" reso. It doesn't take any action, so it really doesn't matter. From: Barney, Kathy Sent: Wednesday, March 13, 2013 10:17 AM To: Bergen, Robert Subject: resolution Rob, Do you want the new resolution supporting the clarification of the 'Spill Compensation Act' to go on the 3/21 meeting? I sent the previously adopted resolution to all of the Senators, Assembly and I believe to the N1LOM. Please advise. kmb I