[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 5-8-1978 by L.L. No. 5-1978. Section 158-7 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 96.
As used in this chapter, the following terms shall have the
meanings indicated:
A poster prepared by the Manufacturing Chemists Association,
depicting the name of the hazardous material, the potential hazards
and the appropriate action to be taken in case of accident.
The following materials are defined as "hazardous materials":
acrolein; acrylonitrile; ammonia; ammonia, anhydrous; boron trifluoride;
bromine; carbon disulfide; chlorine; dimethylamine; dimethyl ether;
demethyl sulfate; epichlorohydrin; ethyl chloride; ethylene; ethylenimine;
ethylene oxide; fluorine; hydrogen, liquid; hydrogen chloride; hydrogen
cyanide; hydrogen fluoride; hydrogen sulfide; liquid petroleum gas;
methane, liquid; methylamines, anhydrous; methyl bromine; methyl chloride;
methyl ethyl ether, methyl mercaptan; monomethylamine; nitric acid,
fuming; nitrogen tetroxide; oleum/sulfur trioxide; phosgene; phosphorus
trichloride; propane/LPG; sulfur dioxide; sulfur trioxide; titanium
tetrachloride; trimethylamine; and vinyl chloride.
All motor vehicles transporting hazardous materials are hereby
excluded from the streets and highways of the Village of Suffern,
except transport is not prohibited on state highways nor on the following
streets between the hours of 2:00 a.m. and 6:00 a.m.: Ramapo Avenue.
This chapter shall not prevent deliveries to consumers of hazardous
materials by motor vehicles transporting not more than 500 gallons.
All carriers of hazardous materials must notify the Suffern
Police Department at least one hour before transporting any hazardous
material into or through the Village of Suffern.
All vehicles transporting a hazardous material into or through
the Village of Suffern must display the appropriate chem-card prominently
in at least two places on the vehicle.
[Added 1-26-1981 by L.L. No. 1-1981]
A.
The Mayor of the Village of Suffern is authorized to grant a waiver
of the provisions of this chapter for specified deliveries or transportation
of hazardous materials by vehicles owned by Interstate Commerce Commission
registered companies if an emergency exists, upon such conditions
as he deems appropriate.
B.
In determining whether an emergency exists, the Mayor shall consider
the following:
(1)
If a situation exists or is imminent which will endanger the health,
safety or welfare of the residents of the Village of Suffern and the
granting of a waiver will eliminate or diminish the danger.
(2)
If adequate alternatives exist negating the necessity for the issuance
of a waiver.
(3)
The extent of the danger created by the issuance of a waiver and
the precautions which must occur if a waiver is issued.
(4)
The time of day of the activity for which the waiver is sought, the
anticipated route of travel and destination, the traffic in the area
and the type of material to be transported.
C.
If a waiver is issued, the Mayor shall cause the Chiefs of the Village
of Suffern Police Department and the Fire Department to be notified
of the type and quantity of the material to be transported,
the route of travel and the time at which the material will be transported.
The Chiefs of the Police Department and of the Fire Department or
a member of their Department appointed by the respective Chief will
accompany the vehicle transporting the hazardous substance while it
is in the Village of Suffern.
D.
Within 72 hours after the transportation of the hazardous substance
through the Village of Suffern has been completed, the applicant for
the waiver shall file with the Suffern Police Department a description
of the type and quantity of hazardous material transported, times
of presence in the Village of Suffern, occurrence of unusual events
and description of the vehicle used to deliver the material, together
with its license plate, the name and address of the driver and any
other relevant information regarding the event.
E.
The Mayor shall file a report with the Village Clerk within one week
after his decision on a requested waiver, setting forth his reasons
for granting or denial of a waiver and any conditions imposed.
