[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 5-15-2002 by Ord. No. DR-41. Amendments noted where applicable.]
For the purposes of this chapter, the following definitions shall apply:
- ADEQUATELY WET
- To sufficiently mix or penetrate with water to reasonably prevent the release of particulates into the ambient air.
- AGGREGATE MATERIALS
- A mixture of mineral fragments, sand, gravel, rocks or similar minerals.
- ASBESTOS or ASBESTOS MINERALS
- The following hydrated minerals: chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
- ASBESTOS TEST METHOD
- The test method specified in EPA 40 CFR Part 763, or any replacement test approved by the State of New Jersey.
- The City of Hoboken Department of Human Services.
- The City of Hoboken Director of Human Services or his/her designee.
- All surface disturbances, including all cuts and fills.
- Includes an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation including, but not limited to, a government corporation. Person also includes any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. Person also includes a project proponent and any of its contractors and subcontractors.
- POTENTIAL ASBESTIFORM MINERALS MAP
- Areas of the City of Hoboken designated as Serpentine Rock (SaF and DeE), incorporated herein by reference and on file with the Human Services Department of the City, shall at a minimum comply with the requirements set forth in this chapter. The Potential Asbestiform Minerals Map may be revised from time to time by the Director in light of new information.
- Any written acknowledgment that a specified amount of serpentine material was received, delivered, or purchased. Receipts include, but are not limited to, bills of sale, bills of lading, and notices of transfer.
- ROAD SURFACE
- The traveled way of a road and any shoulder which extends up to 10 feet from the edge of the traveled way.
- ROCK CONTAINING ASBESTOS MATERIALS
- Any soil or rock that contains any amount of asbestos minerals.
- Any form of hydrous magnesium silicate minerals including, but not limited to, antigorite, lizardite, and chrysotile.
- SERPENTINE MATERIAL
- Any material that contains at least 10% serpentine as determined by a registered geologist.
- SURFACE MINING OPERATION
- A surface mining operation of rock containing asbestos material subject to regulation under this chapter.
- The act of covering any surface used for the purposes of pedestrian, vehicular, or nonvehicular travel, such as road surfaces, road shoulders, streets, alleys, lanes, driveways, and parking lots, including appurtenant improvements such as landscaping and trails, playgrounds, squares, plazas and fairgrounds.
No person shall use or apply serpentine material or rock containing asbestos materials for surfacing in the City of Hoboken unless the material has been tested using an Asbestos Test Method and determined to have a permissible asbestos content level. A written receipt or other record documenting the asbestos content, as required by § 76-3B, shall be retained by any person who uses or applies the material for a period of at least seven years from the date of use or application. Within five business days of the date that surfacing takes place, the person using or applying the material shall provide a copy of such receipt to the Department. This chapter does not affect the continued use of previously applied surfacing material; it is intended to apply only prospectively to surfacing activities taking place after its effective date.
No person shall sell, supply, or offer for sale serpentine material or rock containing asbestos materials for surfacing in the City of Hoboken unless that material has been tested using an Asbestos Test Method and has been determined to have a permissible asbestos content level. Seller shall provide to each purchaser or person receiving the materials a written receipt which specifies the following information: the amount of materials sold or supplied; the dates that the materials were produced, sampled, tested, and supplied or sold; the asbestos content of the material as measured by an Asbestos Test Method; and a statement that a copy of the receipt must be provided to the Department within five business days. A copy of the receipt must, at all times, remain with the material during transit and surfacing. No later than within five business days of the date that the materials are supplied, the supplier shall provide a copy of such receipt to the Department.
Any person who sells, supplies, or offers for sale serpentine material in the City of Hoboken shall also provide, as part of each sale, a written receipt containing the following statement:
"Aggregate materials in this region may contain asbestos. It is unlawful to use serpentine material or rock containing asbestos materials for surfacing in the City of Hoboken used in compliance with Chapter 76 of the Hoboken City Code. All tests for asbestos content must use an Asbestos Test Method, and a written record documenting the test results must be retained by both purchaser and seller for at least seven years if the material is used for surfacing."
A sample notice, reflecting the then applicable permissible asbestos content level and any methodology replacing an Asbestos Test Method, shall be kept on file in the Department of Human Services and shall be available to the public.
Any person who sells, supplies, or offers for sale serpentine material or rock containing asbestos materials for use in surfacing, shall retain for a period of at least seven years from the date of sale or supply, copies of all receipts and copies of any analytical test results from asbestos testing of the material. All receipts and test results shall be provided to the Department.
Serpentine material or rock containing asbestos materials that is an integral part of bituminous concrete, Portland cement concrete, bituminous surface, or other similar cemented materials is exempt from the provisions of this chapter.
No person shall engage in activities requiring a City of Hoboken grading permit on property included in the sections identified on the Potential Asbestiform Minerals Map without first submitting to the Department and obtaining prior approval of an Asbestos Hazard Dust Mitigation Plan.
The Asbestos Hazard Dust Mitigation Plan, in form approved by the Department, shall include practices to be followed to eliminate, to the greatest extent possible, the emission of fugitive dust from grading, excavation and construction activity. These practices may include, but are not limited to the following:
Pre-wet work area and immediately follow with fine spray application on the immediate area being worked to eliminate visible dust to the greatest extent possible.
Limit vehicle access and speed on exposed serpentine and rock containing asbestos material areas to reduce fiber releases.
Cover areas exposed to vehicle travel with nonasbestos cover material.
Maintain a high moisture condition of the disturbed surface or treat the disturbed surface of the work area with an approved palliative material to seal loose fibers together to the parent rock particle.
Material transfers or stockpiles of loose material shall be kept adequately wet, and sealed by an approved palliative or covered when conditions warrant.
Provide employee notification of the potential health risk of airborne asbestos and the requirements of the Asbestos Hazard Dust Mitigation Plan.
Worker safety precautions and exposure monitoring should be considered but is not specifically required in all cases. Other relevant regulations from county and state agencies may also be used when applicable according to their provisions.
The Director may require additional mitigation and/or air monitoring measures to be included in the Asbestos Hazard Dust Mitigation Plan whenever he/she finds that such measures are necessary to protect and/or demonstrate the protection of public health and safety.
The Department may charge the project proponent a reasonable fee for review, inspection, approval and enforcement of the Asbestos Hazard Dust Mitigation Plan. Fees shall be set by resolution of the City Council, which may from time to time be amended.
All existing surface mining operations, which operate in deposits of serpentine material, shall, within 30 days of the effective date of this chapter, obtain approval from the Department of an Asbestos Hazard Dust Mitigation Plan that complies with the provisions of this chapter. Any new surface mining operation proposed for operation in serpentine deposits shall file and obtain approval of an Asbestos Hazard Dust Mitigation Plan prior to commencing operations.
The Department may charge the project proponent a reasonable fee for review, approval and enforcement of the Asbestos Hazard Dust Mitigation Plan. Fees shall be set by resolution of the City Council, which may from time to time be amended.
Activities in violation of the provisions and requirements of this chapter are hereby declared a nuisance.
Activities in violation of the terms of an approved Asbestos Hazard Dust Mitigation Plan are hereby declared a nuisance.
In order to protect public health, the Director is authorized to monitor and enforce compliance with the terms of this chapter and the terms of any Asbestos Hazard Dust Mitigation Plan approved under this chapter.
The Director may, in responding to an actual or reasonably foreseeable violation of this chapter concerning the release or imminent release of dust which may contain asbestos fibers into the air, issue an immediate order to cease and desist all activities to prevent the release or mitigate the reasonable foreseeable threat of release in violation of this chapter pending a hearing as specified in Subsection E, below. Further, the City of Hoboken may immediately, and independent of any administrative remedy, commence action for the abatement of the nuisance and may apply to such court as may have jurisdiction to grant relief as will abate the nuisance and to prevent any person from conducting any activities in violation of this chapter.
When the Director determines that acts are being performed or conditions exist which have been declared by law to be in violation of this chapter but which do not require immediate abatement action under Subsection D, above, the Director shall notify, by certified letter, the owner of the property upon which the violation exists and the person conducting the activities in question, if different from the owner of the property. The letter shall contain the following information:
The Assessor's parcel number of the property upon which such violation exists.
A description of the acts or conditions constituting the violation.
A description of the steps necessary to abate the violation.
The date, time and location of a hearing at which objections to the notice of violation may be heard. The hearing shall be held no earlier than five days after the date of the letter, unless the parties agree otherwise.
Notice that the condition or violation may be abated by county authorities.
Notice that all costs of abatement will be assessed upon the real property owner.
Notice that administrative civil penalties may be assessed.
Any person aggrieved by an order of the Director issued under subsections D or E may obtain review of the order by filing in the superior court a petition for writ of mandate within 30 days following the issuance of the order. If the aggrieved person does not petition for a writ of mandate within the time limits set by this subsection, an order of the Director shall not be subject to review by any court or agency.
Any person who negligently violates, or causes another person to violate, the provisions of this chapter shall be subject to an administrative civil penalty not to exceed $2,500 for each violation or, for continuing violations, for each day the violation continues.
Any person who intentionally violates, or causes another person to violate, this chapter shall be subject to an administrative civil penalty not to exceed $25,000 for each violation or, for continuing violations, for each day the violation continues.
The requirements contained in this chapter are in addition to, and not in lieu of, any existing regulations enacted by the City of Hoboken or any other governmental entity.
The requirements contained in this chapter are severable. Should a court of competent jurisdiction conclude that any provision of this chapter is unenforceable, it shall not effect the enforceability of the remaining provisions.