[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:
To sufficiently mix or penetrate with water to reasonably
prevent the release of particulates into the ambient air.
A mixture of mineral fragments, sand, gravel, rocks or similar
minerals.
The following hydrated minerals: chrysotile (fibrous serpentine),
crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite-grunerite),
fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
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.
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.
The traveled way of a road and any shoulder which extends
up to 10 feet from the edge of the traveled way.
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.
Any material that contains at least 10% serpentine as determined
by a registered geologist.
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.
A.
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.
B.
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.
C.
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:
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"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."
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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.
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D.
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.
E.
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.
A.
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.
B.
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:
(1)
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.
(2)
Limit vehicle access and speed on exposed serpentine and rock containing
asbestos material areas to reduce fiber releases.
(3)
Cover areas exposed to vehicle travel with nonasbestos cover material.
(4)
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.
(5)
Material transfers or stockpiles of loose material shall be kept
adequately wet, and sealed by an approved palliative or covered when
conditions warrant.
(6)
Provide employee notification of the potential health risk of airborne
asbestos and the requirements of the Asbestos Hazard Dust Mitigation
Plan.
(7)
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
Activities in violation of the provisions and requirements of this
chapter are hereby declared a nuisance.
B.
Activities in violation of the terms of an approved Asbestos Hazard
Dust Mitigation Plan are hereby declared a nuisance.
C.
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.
D.
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.
E.
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:
(1)
The Assessor's parcel number of the property upon which such
violation exists.
(2)
A description of the acts or conditions constituting the violation.
(3)
A description of the steps necessary to abate the violation.
(4)
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.
(5)
Notice that the condition or violation may be abated by county authorities.
(6)
Notice that all costs of abatement will be assessed upon the real
property owner.
(7)
Notice that administrative civil penalties may be assessed.
(8)
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.
F.
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.
G.
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.
