[1966 Code § 56-1; Ord. No. 3-83]
As used in this section:
Shall mean any ingredient which will prevent, destroy, repel,
control or mitigate pests or which will act as a plant regulator,
defoliant or desiccant.
Shall mean one who keeps or studies bees.
Shall mean a place where bees are kept.
Shall mean any type of ground, water or aerial apparatus
or contrivance used to apply any pesticide.
Shall mean the characteristic designation by words, symbols,
name, number or trademark of a specific, particular pesticide or formulation
under which the pesticide is distributed, sold, offered for sale,
handled, stored, used or transported in the State of New Jersey.
Shall mean any person (whether or not he is a private applicator
with respect to some uses), State certified and registered with the
appropriate State agency, who uses or supervises the use of any pesticide
for any purpose or on any property other than as provided by the definition
of "private applicator."
Shall mean any person who applies pesticide by equipment,
other than aerial, under the direct supervision of a certified and
registered responsible pesticide applicator.
Shall mean any pesticide application performed on aggregate
areas greater than three acres of land which is part of a pesticide
control program administered by a governmental agency or which is
contracted for or performed by one person who has control over the
use of the land to which the pesticide is applied.
Shall mean any person who hires a commercial pesticide applicator
business to perform an ornamental pest control application on property
owned or controlled by him.
Shall mean the United States Environmental Protection Agency.
Shall mean trees, shrubs and other plantings in and around
habitations generally, but not necessarily located in urban and suburban
areas, including residences, parks, streets, retail outlets, industrial
and institutional buildings.
Shall mean any insect, rodent, nematode, fungus, weed or
any other form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism (except viruses, bacteria or other
microorganisms on or in living man or other animals) which is injurious
to health or the environment.
Shall mean and include any substance or mixture of substances
labeled, designed or intended for use in preventing, destroying, repelling
or mitigating any pest, or any substance or mixture of substances
labeled, designed or intended for use as a defoliant, desiccant or
plant regulator, provided that the term "pesticide" shall not include
any substance or mixture of substances which the EPA does not consider
to be a pesticide.
Shall mean any individual who is accountable for the use
of a pesticide by himself or any person under his direct supervision.
[New]
No person shall be permitted to engage in the spraying or application
of any pesticide unless they can demonstrate to the Municipal Clerk
that they have satisfied any and all State and Department of Environmental
Protection Statutes, rules and regulations.
[1966 Code § 33-1; Ord. No. 13-71]
a.
The Borough Council finds that the gypsy moth (Porthetria dispar)
has been found heavily defoliating tree and plant growth in the Borough
and that the continued destruction of the foliage may result in the
loss of valuable forest lands and trees and that a gypsy moth control
program should be instituted with the State of New Jersey, the State
of New Jersey Department of Agriculture or any other State or Federal
agency to the end that trees and other natural resources be preserved,
maintained and undisturbed as the natural condition constitutes important
physical, social, aesthetic, recreational and economical benefits
to existing and future residents of the Borough.
b.
It is the intent of the Borough Council to protect the citizens of
the Borough by providing for the proper control or elimination of
the gypsy moth, public nuisance, and to provide for the protection
of vegetation or plant life therefrom, the intention being the subject
matter of public welfare and that all measures deemed necessary be
taken in compliance with Borough, County, State and Federal recommendations
in order to suppress this forest pest.
[1966 Code § 33-2; Ord. No. 13-71]
This section shall be known and may be cited as the "Gypsy Moth
Control Law" of the Borough of Bloomingdale.
[1966 Code § 33-2; Ord. No. 13-71]
The Borough Council shall utilize all lawful methods, County,
State and Federal, and the political subdivisions thereof, to combat
the infestation of the gypsy moth (Porthetria dispar) by the use of
all approved chemical and biological forms of control and elimination
of this pest. The Borough Council shall be authorized to enter into
agreements with the County, State and Federal governments, and agencies
thereof, to implement the furtherance of the avowed purposes of eliminating
the gypsy moth as a threat to the natural resources of the Borough,
to prevent economic losses to the recreational areas and to the timber
and property values and the wildlife, soil and water resources of
the Borough. The Borough Council shall be further authorized to take
whatever lawful and necessary action is deemed advantageous to the
purposes herein expressed.
[Added 12-19-2023 by Ord.
No. 39-2023]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in the
Borough of Bloomingdale to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Added 12-19-2023 by Ord.
No. 39-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
[Added 12-19-2023 by Ord.
No. 39-2023]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all loose de-icing materials stored in
temporary outdoor storage facilities between April 16th and October
14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15-April 15.
c.
All such temporary and/or permanent structures must also comply with
all other Borough of Bloomingdale ordinances, including building and
zoning regulations.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
[Added 12-19-2023 by Ord.
No. 39-2023]
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in § 24-3.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 12-19-2023 by Ord.
No. 39-2023]
This section shall be enforced by the Borough Zoning Officer
and/or Borough Code Enforcement Officer during the course of ordinary
enforcement duties.
[Added 12-19-2023 by Ord.
No. 39-2023]
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
subject such person(s) to fines and penalties in accordance with N.J.S.A.
40:49-5.
