Township of Jackson, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Articles I and II adopted by the Township Committee (now Council) of the Township of Jackson as indicated in article histories. Subsequent articles adopted by the Township Council as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fertilizer application — See Ch. 189.
Garbage, rubbish and waste material — See Ch. 216.
Public health nuisances — See Ch. 474.
[Adopted 4-14-1986 by Ord. No. 12-86 (Ch. 98, Art. I, of the 1972 Code)]
The designated best use of all groundwaters of Jackson Township is for public and private water supply, and of most surface waters, for food production, bathing and recreation. The aquifer below Jackson Township is a sole source for water supply. Therefore, it is hereby declared to be the policy of the Township of Jackson to maintain its water resources as near to their natural condition of purity as reasonably possible for the safeguarding of the public health and, to that end, to require the use of all available practical methods of preventing and controlling water pollution from toxic and hazardous materials.
It is the intent and purpose of this article to safeguard the water resources of the Township of Jackson from toxic or hazardous materials pollution by controlling or abating pollution from such sources in existence when this article is enacted and also by preventing further pollution from new sources under a program which is consistent with the above-stated declaration of policy.
Whenever used in this article, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings set forth or indicated:
ABOVEGROUND
When referring to tanks shall mean more than 90% exposed above the final ground elevation.
BULK STORAGE
The loose or bagged storage of dry or semidry materials.
DISCHARGE
To release by any means or to relinquish control in a manner that could result in a release to the surface waters, groundwaters, surface of the ground or below the ground. "Discharge" includes but is not necessarily limited to the following, either singly or in any combination:
A. 
Leaks from the failure of a storage facility.
B. 
Spills during transport or transfer of toxic or hazardous materials.
C. 
Disposal or storage of soils, sand or debris containing toxic or hazardous materials.
D. 
Disposal to storm drains, cooling water, roof drains, sanitary systems or any other drainage system or leaching system of toxic or hazardous materials.
E. 
Burial, land-spreading or dumping anywhere of toxic or hazardous materials, including but not limited to landfill and scavenger facilities, notwithstanding that the material so buried, spread or dumped was containerized at the time of said burial, spreading or dumping.
F. 
Passing of toxic or hazardous waste materials to any person.
G. 
Abandonment of containers, tanks, pipes, vehicles or premises containing toxic or hazardous materials or residues. For the purpose of this subsection, "abandonment" shall mean:
(1) 
Substantially empty and unattended; or
(2) 
The relinquishment or termination of possession, ownership or control without full disclosure to the new owner thereof of containers, tanks, pipes, vehicles or premises containing toxic or hazardous materials or residues, whether by vacating or by disposition thereof, and shall not depend on a mere lapse of time.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
[Added 3-14-2005 by Ord. No. 13-05]
DOUBLE-WALLED
Constructed with more than one containment layer with space between the layers sufficient to allow monitoring of any leakage into or out of the space.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Jackson Township, unless that discharge is authorized under a NJPDES permit other than the Tier A municipal stormwater general permit (NJPDES Permit No. NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
[Added 3-14-2005 by Ord. No. 13-05]
IMPERVIOUS
A layer of natural and/or man-made material of sufficient thickness, density and composition as to prevent the discharge into the underlying groundwater or adjacent surface waters of any toxic or hazardous substances for a period of at least as long as the maximum anticipated time during which the toxic or hazardous substances will be in contact with the material and sufficient to allow complete recovery of the spilled product with minimum disturbance of the containment material.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
[Added 3-14-2005 by Ord. No. 13-05]
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Jackson Township or other public body and is designed and used for collecting and conveying stormwater.
[Added 3-14-2005 by Ord. No. 13-05]
NEW JERSEY STATE DISCHARGE STANDARDS
Standards of quality and purity and special standards and groundwater quality standards and effluent standards and/or limitations as found in the New Jersey Revised Statutes and/or New Jersey Statutes Annotated and/or the State of New Jersey Administrative Code and/or the Department of Environmental Protection rules and regulations and/or Code of the United States.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
[Added 3-14-2005 by Ord. No. 13-05]
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides or biocides to control fouling of equipment, such as heat exchangers and/or corrosion inhibitors.
[Added 3-14-2005 by Ord. No. 13-05]
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 3-14-2005 by Ord. No. 13-05]
POLLUTION
The presence in the environment of conditions and/or contaminants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas of the Township of Jackson as shall be affected thereby.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.
[Added 3-14-2005 by Ord. No. 13-05]
PRODUCT-TIGHT
Impervious to the material which is or could be contained therein so as to prevent the detectable seepage of the product through the container. To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the product being contained.
PROPERLY REGISTERED INDUSTRIAL WASTE SCAVENGER
A person in the business of collecting industrial wastes who carries a current, valid industrial waste collector registration issued by the Department of Environmental Protection, State of New Jersey.
SINGLE-WALLED
Constructed with walls made of but one thickness of material. Laminated, coated or clad materials shall be considered as single-walled.
STORAGE FACILITY
Tanks, pipes, vaults, buildings, yards, pavements or fixed containers used or designed to be used, either singly or in any combination thereof, for the storage and/or transmission of toxic or hazardous materials or for the storage of portable containers containing toxic or hazardous materials.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Added 3-14-2005 by Ord. No. 13-05]
SUBSTANTIAL MODIFICATIONS
The construction of any addition to an existing storage facility, as defined under § 394-3 ("storage facility"), or restoration, refurbishment or renovation which:
A. 
Increases or decreases the in-place storage capacity of the facility;
B. 
Alters the physical configuration; or
C. 
Impairs or affects the physical integrity of the facility or its monitoring systems.
TOWNSHIP
The Code Enforcement Office or Officer of the Township of Jackson.
TOXIC OR HAZARDOUS MATERIALS
Any substance, solution or mixture which, because of its quality, quantity, concentration, physical, chemical or infectious characteristics, or any combination of the foregoing, presents or may present an actual or potential hazard to human health or to the drinking water supply if such substance, solution, mixture or combination thereof is discharged to the land or waters of the Township of Jackson. "Toxic or hazardous materials" shall include:
A. 
Each and every substance, material or waste found listed in either or both Part 116 and Part 261 of Title 40 of the Code of Federal Regulations or in the New Jersey Statutes or New Jersey Administrative Code or New Jersey Department of Environmental Protection rules and regulations.
B. 
Acids and alkalies beyond the pH range of four to 10.
C. 
Heavy metal sludges, mixtures and solutions in excess of standards.
D. 
Petroleum products, including fuels and waste oils.
E. 
Organic solvents, including petroleum solvents and halogenated and nonhalogenated hydrocarbons.
F. 
Any material listed in State of New Jersey regulations in excess of the concentration standards thereof, unless otherwise provided elsewhere in this article.
G. 
Any substance not included within Subsections A through F above subsequently declared to be a toxic or hazardous material by the State of New Jersey.
H. 
Any solid or semisolid material which, if left to stand or if exposed to water, will leach out or wholly or partially dissolve, forming a toxic or hazardous material as defined in Subsections A through G above.
A. 
Toxic or hazardous materials, as defined above, generated by, or as the result of, operations in, or the existence of, any manufacturing or other industrial or commercial establishment, which toxic or hazardous materials are not actually used in a final product for sale, and shall include those toxic or hazardous materials retained as by-products of the operations within such manufacturing or other industrial or commercial establishment for the purpose of recouping salvage value; or
B. 
Toxic or hazardous materials generated by one in possession or control of any residential premises, for which materials disposal is intended, and which waste is not domestic wastewater without the admixture of nonsewage wastewater from any industrial process.
C. 
All toxic and hazardous wastes are toxic and hazardous materials.
UNDERGROUND
When referring to tanks, shall mean 10% or more below the final ground elevation.
A. 
The Code Enforcement Officer may make, or cause to be made, any investigation or study which, in his opinion, is desirable for enforcing this article or controlling or reducing the potential for contamination of the waters of Jackson Township from toxic or hazardous materials.
B. 
The Code Enforcement Officer may order the owner or any other person in possession or control of any land, structure or equipment, or agent of such owner or other person, to take whatever action is necessary in the opinion of the Township to bring said land, structure or equipment into compliance with the provisions of this article and any standards or regulations promulgated thereunder. Such action may include but is not necessarily limited to the following, either singly or in any combination thereof:
(1) 
Ordering tank testing or the testing of the physical integrity of pipes or any other part of a storage facility or ordering the physical testing of the integrity of an entire storage facility.
(2) 
Ordering the removal of the contents of a tank, portable container, storage facility or any part thereof.
(3) 
Ordering the removal or abandonment or reconstruction of any installation, tank, storage facility or any part thereof installed in contravention of any of the requirements of this article or any standards or regulations promulgated thereunder.
(4) 
Ordering that physical improvements be performed on any tank, storage facility or part thereof before permitting it to be returned to service, including such improvements as tank lining removal and replacement, and bottom and structural repairs.
(5) 
Ordering the drafting of, and/or implementation of, contingency plans if there is evidence that such plans may be necessary to protect the public from toxic or hazardous materials stored at any particular facility.
(6) 
Ordering the posting of a performance bond or other undertaking either prior to, or subsequent to, the construction or operation of a storage facility within Jackson Township on a case-by-case basis if evidence indicates such may be necessary to protect the public from the effects of operating such a facility.
A. 
It shall be unlawful for any person to discharge toxic or hazardous materials in the Township of Jackson unless such discharge is specifically in accordance with State of New Jersey statutes or New Jersey Department of Environmental rules and regulations.
B. 
It shall be unlawful for any person to pick up, transport or dispose of toxic or hazardous waste materials in the Township of Jackson without having a valid and appropriate New Jersey State waste collector registration.
C. 
It shall be unlawful for any industrial waste collector with a registration issued by the State of New Jersey Department of Environmental Protection to fail to maintain a copy thereof on each vehicle operated by said collector at all times.
[Added 3-14-2005 by Ord. No. 13-05]
A. 
No person shall discharge or cause to be discharged through an illicit connection to the municipal storm sewer system operated by Jackson Township any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
B. 
The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
C. 
The following are exceptions to the prohibited discharges in this section:
(1) 
Waterline flushing and discharges from potable water sources.
(2) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
(3) 
Air-conditioning condensate (excluding contact and noncontact cooling water).
(4) 
Irrigation water (including landscape and lawn watering runoff).
(5) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(6) 
Residential car washing water and residential swimming pool discharges.
(7) 
Sidewalk, driveway and street wash water.
(8) 
Flows from fire-fighting activities.
(9) 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following its use for its intended purpose; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts, and does not apply to engines or other enclosed machinery.
A. 
It shall be unlawful for any person to construct, install or substantially modify a storage facility, or part thereof, without a valid permit therefor issued by or acceptable to the Code Enforcement Officer.
B. 
It shall be unlawful for any person in possession of, or acting pursuant to, a permit issued under this section to act, allow or cause any act in contravention of any provision of the permit.
C. 
Any permit issued pursuant to this section shall be effective for the specified duration of time indicated thereon, not to exceed one year from the effective date thereof.
A. 
It shall be unlawful for any person to use, cause to be used, maintain or fill, or cause to be filled, with toxic or hazardous materials any storage facility or part thereof without having registered all the tanks at the facility on forms provided by the Township of Jackson and without having obtained a valid permit to operate such storage facility or part thereof issued by or acceptable to the Code Enforcement Officer.
B. 
It shall be unlawful for any person in possession of, or acting pursuant to, a permit issued pursuant to this section to act, permit or cause any act in contravention of any provision of the permit.
C. 
No permit to operate a storage facility as required pursuant to this section shall be issued by the Code Enforcement Officer unless and until the prospective permittee has:
(1) 
Provided a listing to the Code Enforcement Office of all of the toxic or hazardous materials to be stored at the storage facility.
(2) 
Demonstrated that said storage facility complies with all of the provisions of this article and all Township, State of New Jersey or federal regulations and standards promulgated pursuant to it applicable to said storage facility based upon submission of such written proof as is required by the Code Enforcement Officer.
D. 
Any permit issued pursuant to this section shall be effective only for the specified duration of time indicated thereon, not to exceed four years from the effective date thereof.
A. 
All storage facilities which meet all of the following criteria shall be exempt from all provisions of this article except those contained in §§ 394-3, Definitions; 394-4, Powers of Code Enforcement Officer; 394-5, Prohibited discharges, transporting and disposal; 394-9, Exemptions; 394-11A, New storage facilities; 394-11E, General provisions and requirements; 394-11G, Overfill protection; 394-12A(4), Overfill detection; 394-12D(1) and (2), leaks and repairs; 394-14B(1) and (4), Transfer operations; and 394-20, Waivers:
(1) 
The materials so stored are not toxic or hazardous wastes.
(2) 
The volume of the storage facility is less than 1,001 gallons.
(3) 
The facility is intended solely for the storage of kerosene, No. 2 fuel oil, No. 4 fuel oil, No. 6 fuel oil or diesel or lubricating oil.
(4) 
The intended use of the product stored is solely for on-site heating, or intermittent stationary power production, such as standby electricity generation or irrigation pump power.
(5) 
The materials stored are not intended for resale or off-site use.
(6) 
The storage is located at or on residential property for use at such site.
B. 
All storage facilities which meet the following criteria shall be exempt from the provisions of this article contained in §§ 394-11B and D and 394-19 and any regulations or standards promulgated thereunder:
(1) 
The materials so stored are not toxic or hazardous wastes.
(2) 
The volume of the storage facility is not greater than 1,001 gallons.
(3) 
The facility is intended solely for the storage of kerosene, No. 2 fuel oil, No. 4 fuel oil, No. 6 fuel oil, diesel oil or lubricating oil.
(4) 
The intended use of the product stored is solely for on-site heating, or intermittent stationary power production, such as standby electricity generation or irrigation pump power.
(5) 
The materials stored are not intended for resale or off-site use.
C. 
All storage facilities no longer receiving the benefit of any exemption but which were previously exempted from any or all provisions of this article shall be required to appropriately conform to all of the provisions of this article and all regulations and standards promulgated pursuant thereto by January 1, 1988.
D. 
Tanks for the storage of No. 6 fuel oil, or other petroleum products of equivalent viscosity, are exempt from the internal inspection and tank lining requirements. Further, storage facilities for these products are exempted from the requirements for impervious dikes and enclosures around the tank if, in the opinion of the Township, the location of the facility is so situated that a spill could not run off into storm drains or surface waters.
E. 
All storage of toxic or hazardous materials in containers of five-gallon capacity or smaller, where the total capacity stored at any time does not exceed 250 gallons or where the dry storage in bags, bulk or small containers does not exceed 2,000 pounds, is exempt from all portions of this article unless specifically ruled otherwise by the Code Enforcement Officer or State of New Jersey on a case-by-case basis.
It shall be unlawful for any person to transfer a permit issued pursuant to §§ 394-7 and 394-8 of this article from one location to another, from one storage facility to another or from one person to another. Any permit transferred in violation of this section shall be deemed null and void and without any effect whatsoever as of the date of said unlawful transfer. However, upon making proper application, a new owner of a facility which was previously operating under a valid permit may continue operation under the terms of the old permit until such time as the new permit is issued or denied.
A. 
New storage facilities.
(1) 
All new storage facilities used or to be used for the underground storage of toxic or hazardous materials shall be designed and constructed in a manner which will, in the opinion of the Township, provide the maximum reasonable protection available against leakage or spillage from the facility due to corrosion, breakage, structural failure or other means. Double-walled or equivalent facilities are required for all toxic or hazardous materials except those with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline. For these floatable materials, acceptable designs for tank construction include cathodically protected steel; glass-fiber-reinforced plastic; steel clad with fiber-reinforced plastic; double-walled steel or plastic; or other equivalent designs approved by the Township.
(2) 
Approval of design by the Township is required before installation, and the determination of equivalency or adequacy lies with the Township.
(3) 
Design, construction, fabrication and installation of new underground storage facilities shall be in accordance with regulations and standards as they may be adopted by the State of New Jersey or under this article.
(4) 
A new storage facility for all facilities not previously covered by this section is one for which construction actually begins on or after April 14, 1986, subject, however, to the exemptions contained in § 394-9A.
(5) 
It shall be unlawful for any person to sell for use in the Township of Jackson, install, use, put into service or maintain the existence of any new underground storage facility or part thereof after April 14, 1986, if said new storage facility or part thereof fails to conform to all of the provisions of Subsection A(1), (2) and (3) above and all regulations and standards promulgated thereunder, subject, however, to the exemptions contained in § 394-9A.
B. 
Existing storage facilities.
(1) 
An existing underground storage facility is one for which construction actually begins prior to April 14, 1986.
(2) 
It shall be unlawful for any person to substantially modify or cause the substantial modification of any existing underground storage facility or part thereof without complying with the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(3) 
It shall be unlawful to use, or maintain the existence of, any existing underground storage facility beyond January 1, 1988, which is intended for use with toxic or hazardous materials with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(4) 
It shall be unlawful to use or maintain the existing underground storage facility beyond January 1, 1988, which is intended for use with any toxic or hazardous materials other than those with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
C. 
Abandonment.
(1) 
It shall be unlawful for any person to use or maintain the existence of an abandoned underground storage facility or part thereof.
(2) 
It shall be unlawful for anyone to sell or transfer to another an improperly abandoned underground storage facility or land containing an improperly abandoned underground storage facility if there exists any reasonable evidence of the existence of such a facility, unless the purchasing party has been made fully aware of the presence of such facility.
(3) 
It shall be unlawful for any person to repair, alter or prepare for use any abandoned storage facility without first obtaining a permit to construct from the Code Enforcement Officer.
(4) 
It shall be unlawful for the owner or other person in possession or control of any real property, building or place or vehicle to fail to immediately empty of all toxic or hazardous materials, and to completely and permanently remove, an abandoned storage facility or part thereof within 90 days of the discovery thereof on or in said real property, building or place pursuant to the provisions of Subsection H below unless approval is granted to do otherwise.
(5) 
For the purposes of this section, an "abandoned storage facility or part thereof" means one which has remained out of service for six months or more or which has been declared by the owner to be abandoned.
(6) 
For the purposes of this section, "out of service" means substantially empty, meaning 5% or less filled; or not in use, meaning no regular filling or drawing; or not being maintained, meaning lacking adherence to the requirements of this article; or uncontrolled, meaning not attended or secured; or any combination thereof.
(7) 
For the purposes of this section, "discovery" means either actual discovery or knowledge of the existence of the abandoned storage facility or part thereof or possession of sufficient knowledge of the facts and circumstances involved so that the existence of the abandoned storage facility or part thereof should have been discovered or known of.
D. 
Testing and inspection.
(1) 
All existing underground storage facilities or parts thereof which do not meet the construction standards in Subsection A above must be tested and inspected in accordance with the schedule set forth below. It shall be unlawful for any existing underground storage facility owner, operator or lessee to fail to test his tanks and file an acceptable certificate of test completion with the Code Enforcement Officer in accordance with the following schedule:
Testing Schedule for Existing Underground Tanks
Age of System by 1986
(years)
Date
1 to 4
5 to 9
10 to 14
15 to 19
20 or More
December 31, 1986
X
July 1, 1987
X
December 31, 1987
X
July 1, 1988
X
July 1, 1989
X
Full compliance for all facilities except those described in § 394-11B(3)
December 31, 1987
X
X
December 31, 1988
X
Full compliance for all facilities
(2) 
If, for any reason, testing satisfactory to the Township cannot be performed, the tank must be removed from service or brought up to the standards of Subsection A by the first scheduled test date.
(3) 
The Final Test of the National Fire Protection Association (NFPA), Recommended Practice No. 329 (1983), or other test of equivalent or superior accuracy, as approved by the Township, must be used to comply with the testing and inspection requirement of § 394-11D(1).
(4) 
Any test and inspection as required by this subsection shall be performed by a person whose qualifications are acceptable to the Township for performing such tests. Certificates of test completion containing the results of such tests as performed shall be prepared by the tester and shall be filed with the Township within 30 days after completion of the testing of the storage facility. No certificate of test completion shall be acceptable to the Township to indicate satisfactory compliance with the testing requirements of this subsection if qualifications of the tester have not been accepted by the Township prior to the test. No certificate of test completion shall be acceptable to the Township if the test and inspection were not performed in accordance with any regulation and standards which may be promulgated pursuant thereto.
(5) 
The certificate of test completion shall be filed on a form provided by the Township, and a copy of such form completed shall be kept by the storage facility owner, operator or lessee and by the tester for a period of not less than five years from the date of its issuance. It shall be unlawful for the storage facility owner, operator or lessee, and for the tester thereof, to fail to keep a copy of the certificate of test completion for the required five-year period.
(6) 
Certificates of test completion shall contain a legally authorized form notice to the effect that false statements made knowingly therein are punishable pursuant to the Code of Criminal Justice of New Jersey.
(7) 
A certificate of test completion not properly completed and/or not subscribed by the tester shall not be acceptable to the Township.
E. 
General provisions and requirements.
(1) 
When an underground storage facility or part thereof is found to be leaking, the portion containing the leak must be immediately emptied of all contents therein and removed from service. It shall be unlawful to cause or permit a leaking underground storage facility or part thereof to remain in service or to continue to retain its toxic or hazardous contents after the owner, operator or lessee of said storage facility or part thereof knows or should have known of the existence of the leak therein.
(2) 
It shall be unlawful for any person to repair, or to permit the repair, in place, of any underground storage facility or part thereof which has leaked or otherwise failed, for the purpose of reusing said storage facility, unless:
(a) 
Such repair will result in the storage facility or part thereof complying with the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(b) 
Such repairs occur pursuant to plans therefor previously submitted to and approved by the Township.
(3) 
It shall be unlawful for any person to replace or cause the replacement of any underground storage facility or part thereof for any reason if the replacement facility does not meet the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(4) 
It shall be unlawful for any person to use, maintain or put into service any underground storage facility or part thereof without first complying with the testing and inspection requirements of Subsection D above and regulations and standards promulgated thereunder.
F. 
Monitoring and leak detection.
(1) 
All underground storage facilities or parts thereof must be equipped with means of calculating product delivery and consumption. Accurate records must be kept of all deliveries and consumption and the figures reconciled daily in an approved manner unless a less frequent schedule is allowed by the Code Enforcement Officer.
(2) 
All underground storage facilities or parts thereof must be provided with a means of monitoring frequently and accurately for any leakage and spillage that might occur. All leak detection systems and tanks shall be monitored by the facility operator at least on a weekly basis and the results recorded and kept with the product records. Leak detection and monitoring can be provided by an electrical continuous leak detection system; visually operated or float-operated alarms for tanks in pits; pressure, vacuum or fluid level detectors for double-walled facilities; observation wells and collection barriers or membranes for use in high groundwater areas; for gasoline and oil facilities, a perforated, properly designed U-tube installation is acceptable; or other equivalent design approved by the Code Enforcement Officer. Permanent records of all monitoring shall be kept for a period of five years.
(3) 
It shall be unlawful for the owner or other person in possession or control of a storage facility or part thereof to fail to comply with any of the requirements of this subsection and of any regulations and standards promulgated pursuant thereto.
G. 
Overfill protection.
(1) 
A means of overfill protection shall be provided for all new underground storage facilities or parts thereof and for all replacement underground storage facilities or parts thereof. Overfill protection shall consist of either an overfill protection device or a product-tight containment capable of intercepting and preventing the release to the ground or groundwater of an overfill spill.
(2) 
It shall be unlawful for the owner, operator or lessee to fail to provide satisfactory overfill protection for any new underground storage facility or part thereof in accordance with the provisions of this subsection and any regulations and standards promulgated pursuant thereto.
H. 
Removal of underground storage facilities from service.
(1) 
It shall be unlawful for the owner or any other person in possession or control of an underground storage facility or part thereof to remove it from service unless:
(a) 
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days of so declaring and is disposed of as junk by first rendering it vapor-free and by sufficiently perforating it so as to render it unfit for further use;
(b) 
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days for the storage of other than toxic or hazardous materials after having met all of the requirements of Subsection A and all regulations and standards promulgated pursuant thereto;
(c) 
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days for the storage of other than toxic and hazardous materials, in which case the facility shall be emptied, cleaned of all residue and made safe and vapor-free;
(d) 
Said storage facility is declared temporarily out of service and maintained in accordance with Subsection A(3) of this section; or
(e) 
Said storage facility is declared to be suspected of leaking and maintained in accordance with § 394-11E.
(2) 
Any declaration of facility abandonment or of taking a facility temporarily out of service or returning a facility to service must be made to the Code Enforcement Officer in writing.
(3) 
It shall be unlawful for the owner or any other person in possession or control of any underground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within six months of the placement of it temporarily out of service, and it is returned to active service within said six months, it is emptied of its contents immediately and the fill line, gauge opening and pump suction are capped and secured against tampering, and the vent line is left open. No facility in a temporarily out-of-service condition shall be returned to use prior to notification to the Code Enforcement Officer and prior to the successful completion of any tightness testing due under § 394-11D.
(4) 
It shall be unlawful for anyone to place toxic or hazardous materials in a facility which is temporarily out of service.
A. 
New storage facilities.
(1) 
For the purpose of this subsection, a new aboveground storage facility shall be one for which construction actually begins on or after April 14, 1986.
(2) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility or part thereof in a manner which will allow the discharge of a toxic or hazardous material to the ground, groundwaters or surface waters of Jackson Township.
(3) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility or part thereof without having constructed around and under it an impervious containment and dike enclosing the storage facility or part thereof, conforming to the following requirements:
(a) 
The volume of the diked area shall be at least 110% of the volume of the largest tank contained therein, excluding the volume below the dike level occupied by other tanks. Additional volume of up to 10% of the total volume of all other tanks or vessels contained in the dike area may be required if the configuration, arrangement and spacing of the tanks and dikes do not meet National Fire Protection Association standards.
(b) 
The dikes and the entire area enclosed by the dikes, including the area under the tanks, shall be made permanently impervious to the types of products expected to be stored in the tanks. A tank cannot be switched from one product to another unless the barrier is impervious to the new material stored.
(c) 
Drainage of precipitation from within the diked area shall be controlled in a manner that will prevent any toxic or hazardous material from entering the ground, groundwaters or surface waters of Jackson Township.
(4) 
It shall be unlawful to construct, fabricate, install, use or maintain any new aboveground storage facility without providing a positive means of detecting an overfilling condition therein before any spillage can occur, which detection system shall include but shall not necessarily be limited to both visual and audible alarms at a point on the storage facility most frequently manned. The overflow point must be clearly visible to the operator filling the facility or the operator at the receiving facility where possible. If not possible, adequate means must be provided to immediately detect an overflow.
(5) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility or part thereof without conforming to all regulations and standards promulgated pursuant to this section relating to such new storage facilities.
(6) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility sitting on the ground and making contact therewith, or partially buried in the ground and making contact therewith, or part thereof, unless and until the exterior surface of the areas in contact with the ground are cathodically protected in conformance with a design approved by the Code Enforcement Officer.
B. 
Existing storage facilities.
(1) 
An existing aboveground storage facility is one for which construction actually begins prior to April 14, 1986.
(2) 
Commencing January 1, 1988, it shall be unlawful for any person to use, maintain or fill with toxic or hazardous materials any existing aboveground storage facility or part thereof without conforming to all of the requirements of Subsection A above and all regulations and standards promulgated pursuant thereto, with one exception. It will not be required to place an impervious barrier directly beneath an existing tank that is sitting on or partially in the ground and is too large to be moved. In this case, the interior bottom of the tank shall be coated with a glass-fiber-reinforced epoxy coating or approved equivalent. In achieving the above compliance, the following schedule shall be adhered to:
(a) 
By January 1, 1988, all interior coating of facilities shall be completed.
(b) 
By January 1, 1988, all facilities shall be protected against overfill.
(c) 
By January 1, 1988, installation of cathodic protection shall be completed on all facilities in contact with the ground which were built prior to 1967.
(d) 
By January 1, 1989, installation of cathodic protection shall be completed on all facilities in contact with the ground which were built between 1967 and 1972.
(e) 
By January 1, 1990, installation of cathodic protection shall be completed on all facilities in contact with the ground which were built between 1972 and 1977.
(3) 
It shall be unlawful for any person to use, maintain or fill with toxic or hazardous materials an existing aboveground storage facility or part thereof without complying with the following inspection schedule and all regulations and standards promulgated pursuant thereto and without submitting to the Code Enforcement Officer a statement of proof of inspection:
(a) 
Any owner or other person in possession or control of an aboveground storage facility or part thereof shall have said tanks and vessels inspected and shall file a proof of inspection with the Code Enforcement Officer by June 1, 1987. Where interior coating has not yet been applied, such inspection will be performed before coating.
(b) 
For the purpose of this section, "inspection" means the inspection of all aboveground tanks and other vessels for the storage of toxic or hazardous materials constituting an aboveground storage facility or part thereof.
(c) 
Any inspection of an existing aboveground storage facility of greater than 10,000 gallons' capacity or part thereof, as required by this subsection, shall be performed in accordance with a written protocol submitted to and approved by the Code Enforcement Officer by an authorized tank inspection firm or person or by a professional engineer licensed to practice professional engineering in the State of New Jersey, and it shall be performed in compliance with any regulations and standards promulgated pursuant to this section relating to such inspections.
(d) 
Aboveground storage facilities or parts thereof sitting on the ground and in contact therewith or partially buried in the ground and in contact therewith shall be emptied and cleaned to facilitate inspection of portions thereof not accessible from the outside.
(e) 
Proofs of inspection must be filed with the Code Enforcement Officer on a form provided by the Township or one acceptably equivalent thereto within 30 days of each inspection and before the tank is refilled, and a copy of such form shall be kept and maintained by both the owner, or other person in possession or control of the aboveground storage facility or part thereof, and the inspector for a period of not less than five years from the date of the inspection. The proof of inspection form shall be subscribed by both the owner, or other person in possession or control of the aboveground storage facility inspected, and the inspector. This proof of inspection form shall contain a legally authorized form notice to the effect that false statements made knowingly therein are punishable pursuant to the New Jersey Code of Criminal Justice.
(4) 
It shall be unlawful for any person to substantially modify or cause the substantial modification of any aboveground storage facility or part thereof without complying with the provisions of Subsection A above and all regulations and standards promulgated pursuant thereto.
C. 
General provisions.
(1) 
It shall be unlawful for any person to abandon an aboveground storage facility or part thereof without first cleaning out all residue, venting it until dry and safe and leaving all of the hatches open or with all connections severed and valves blank-flanged. For the purpose of this subsection, an abandoned aboveground storage facility or part thereof means one that has remained substantially empty and unattended for six months or more without being declared temporarily out of service or has been temporarily out of service for six months or more.
(2) 
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to remove it from service unless:
(a) 
Said storage facility or part thereof is disposed of as junk by first rendering it vapor-free and by sufficiently perforating it so as to render it unfit for further use and demolishing it and removing it from the site;
(b) 
Said storage facility or part thereof is removed for sale or use elsewhere, in which case it must be first cleaned and made vapor-free to be safe in transit, and such reuse shall be in accordance with all pertinent portions of this article if relocation is to be within Jackson Township;
(c) 
Said storage facility is declared abandoned; or
(d) 
Said storage facility is declared temporarily out of service; and
(e) 
The Code Enforcement Officer has been notified of the intended status of removal from service.
(3) 
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within six months of its placement temporarily out of service, and it is returned to active service within said six months, pursuant to the provisions of Subsection C(6) and (7) following, and it is drained of all liquid, and the fill line, gauge opening and discharge line are capped and blank-flanged and secured against tampering, and the vent line is left open.
(4) 
It shall be unlawful for anyone to place toxic or hazardous materials in an abandoned or temporarily out-of-service aboveground storage facility.
(5) 
It shall be unlawful for any person to bring an abandoned aboveground storage facility back into service without meeting all of the requirements of Subsection A above. No abandoned facility shall be brought back into service without a complete inspection acceptable to the Township.
(6) 
It shall be unlawful for any person to bring a temporarily out-of-service facility back into use after January 1, 1988, without first meeting all the requirements of Subsection A above.
(7) 
An aboveground storage facility properly declared to be temporarily out of service may be returned to service prior to 1987 by written notification to the Code Enforcement Officer if the requirements of § 394-12B(2) have been met.
(8) 
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to fail to empty, clean and inspect pursuant to Subsection B(3)(c) above, to file proof of inspection pursuant to Subsection B(3)(e) above, to leak-test and/or to recoat if necessary, every five years, each tank or vessel for the storage of toxic or hazardous materials within said storage facility or part thereof.
(9) 
It shall be unlawful for any person to replace or cause the replacement of any aboveground storage facility or part thereof for any reason without complying with the new storage requirements of Subsection A above and without complying with the inspection and proof of inspection requirements of Subsection B(3)(c) and (e), respectively.
(10) 
It shall be unlawful for any person to use, maintain, construct, fabricate, modify or install any aboveground storage facility or part thereof without conforming to all plans and specifications submitted to and approved by the Township prior to such use, maintenance, construction, fabrication, modification or installation.
D. 
Leaks; repairs.
(1) 
When an aboveground storage facility or part thereof is found to be leaking, it must immediately be emptied of all contents therein contained and removed from service unless approval is specifically granted by the Township to do otherwise.
(2) 
It shall be unlawful for the owner or other person in possession or control of a leaking aboveground storage facility or part thereof to cause or permit it to remain in service or to continue to retain its toxic or hazardous contents after said owner or other person knows or should have known of the existence of the leak.
(3) 
It shall be unlawful for any person to reuse and repair or cause the reuse and repair of an aboveground storage facility or part thereof which is leaking or which has leaked without:
(a) 
Performing or having said repairs performed in accordance with a written protocol submitted to and approved by the Township prior to said repairs.
(b) 
Inspecting or having said leaking storage facility or part thereof inspected by a person whose qualifications are acceptable to the Code Enforcement Officer, with such inspection in accordance with Subsection B(3)(c) above, and filing a proof of inspection in accordance with Subsection B(3)(e) above, with such inspection performed and proof of inspection filed prior to reuse of the storage facility or part thereof or to filling it with a toxic or hazardous material but after repairs have been effected.
A. 
New installations.
(1) 
For the purpose of this section, "new installations" means piping, pipelines, fittings or connections for use with toxic or hazardous materials for which installations or construction actually begins on or after April 14, 1986.
(2) 
All new installations shall be:
(a) 
Fabricated, constructed and installed in a manner that will prevent the escape of the toxic or hazardous materials contained therein to the ground, groundwater or surface waters of the Township of Jackson.
(b) 
Protected against corrosion by the use of noncorrosive materials, cathodic protection with coatings approved by the Township or the functional equivalent of the foregoing options approved by the Township.
(c) 
Designed, constructed and installed with access points as required by the Township to permit periodic pressure testing of all underground piping without the need of extensive excavation.
(d) 
Designed, constructed and installed with a simple, effective, reliable means of monitoring the new installation for leakage, including a warning device to indicate the presence of a leak, spill or other failure or breach of integrity for piping installed underground or in areas where piping is not clearly visible.
(e) 
Constructed of double-walled pipe or be constructed in product-tight trenches or galleries where piping is buried or below grade, except that single-walled piping will be allowed for facilities containing products with a specific gravity of less than one and only slightly soluble in water, such as gasoline and fuel oil.
(3) 
It shall be unlawful for any person to fabricate, construct, install, use or maintain or to cause the fabrication, construction, installation, use or maintenance of any new substantial installation or part thereof for use with toxic or hazardous materials:
(a) 
Without previously having submitted plans therefor to the Township and without having received approval of said plans.
(b) 
Without complying with the plans submitted to, and approved by, the Township as required in Subsection A(3)(a) above.
(c) 
Without complying with the provisions of Subsection A(1) and (2) above and any regulations and standards promulgated thereunder.
B. 
Existing installations.
(1) 
For the purpose of this section, "existing installations" shall mean piping, fittings and connections for use with toxic or hazardous materials for which installation or construction actually begins prior to April 14, 1986.
(2) 
Commencing January 1, 1988, it shall be unlawful to use or maintain any existing installation or part thereof in association with any underground storage facility or part thereof unless said existing installation complies with all of the provisions of Subsection A above and all regulations and standards promulgated pursuant thereto.
(3) 
It shall be unlawful for the owner or other person in possession or control of any existing piping installation or part thereof associated with any underground storage facility or part thereof to fail to pressure-test said existing piping or part thereof whenever the associated underground storage facility or part thereof is tested.
(4) 
It shall be unlawful for the owner or other person in possession or control of an existing installation or part thereof, when testing or contracting to test said installation or part pursuant to Subsection B(3) above, to fail to:
(a) 
Test or have said installation or part thereof tested by a person whose qualifications are acceptable to the Township.
(b) 
Test or have tested said installation in a manner acceptable to the Township.
(c) 
Test or have said installation tested in accordance with a written protocol submitted to, and approved by, the Township prior to said test.
(d) 
Test or have tested said installation in accordance with any regulations or standards which may be promulgated under this subsection relating to said testing.
(e) 
Submit to the Township, within 30 days of said test, a completed certificate of test completion form, pursuant to § 394-11D(3) through (6) and any regulations and standards promulgated thereunder.
C. 
General provisions.
(1) 
Notwithstanding the requirements of Subsection B(3) above, it shall be unlawful for the owner or other person in possession or control of a new or existing installation or part thereof not to test said installation or part in accordance with the procedures set forth in Subsection B(3) above and in all regulations and standards promulgated thereunder whenever the Township has determined that such a test is necessary or whenever the Township has ordered that such a test be performed.
(2) 
Whenever an existing or new installation or part thereof is found to be leaking, it must immediately be emptied of all contents therein contained and removed from service.
(a) 
It shall be unlawful for the owner or other person in possession or control of said leaking installation or part thereof to cause or permit it to remain in service or to continue to retain its toxic or hazardous contents after said owner or other person knows or should have known of the existence of the leak.
(b) 
It shall be unlawful for any person to repair or cause the repair of any new or existing installation or part thereof which has leaked or otherwise failed without performing said repairs or having said repairs performed in a manner approved by the Township.
(c) 
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation pursuant to the provisions of Subsection C(2)(b) above and all regulations and standards promulgated thereunder.
(d) 
It shall be unlawful for any person to reuse or to cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation or part so as to conform to the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(e) 
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without inspecting or having said installation or part inspected subsequent to the completion of any repairs but prior to said reuse by a person whose qualifications are acceptable to the Township in accordance with § 394-12B(3)(d) and any regulations and standards promulgated thereunder and without filing with the Township a proof of inspection prior to said reuse in accordance with § 394-12B(3)(d) and any regulations and standards promulgated thereunder.
A. 
Transfer facilities.
(1) 
"Transfer facilities" means truck fill stands and/or any other facility for the loading or unloading of toxic or hazardous materials.
(2) 
It shall be unlawful for any person to fabricate, construct or install a transfer facility or part thereof without:
(a) 
First submitting plans therefor to the Township and without first obtaining the Township's approval thereof.
(b) 
Fabricating, constructing and installing said transfer facility or part thereof in accordance with the plans submitted and approved pursuant to Subsection A(2)(a) above.
(c) 
Providing a simple, effective, reliable means of monitoring the transfer facility or part thereof for leakage or spillage, including a warning device.
(d) 
Providing a level of spill protection equivalent to that provided by a fill stand area completely paved and curbed with an impervious material and drained to a holding tank of adequate size to contain any spill that could reasonably be expected to occur from the normal operation of the facility and roofed so as to exclude precipitation which would otherwise tend to fill the holding tank.
(3) 
It shall be unlawful for any person to operate, maintain or use a transfer facility or part thereof so as to permit the escape therefrom of toxic or hazardous materials to the ground, groundwaters or surface waters of Jackson Township. All holding tanks associated with spill control shall be maintained in an empty condition at all times to provide maximum storage capacity at the time of a spill.
(4) 
It shall be unlawful for any person to fabricate, construct, install, use, operate or maintain any transfer facility or part thereof without doing so in accordance with regulations and standards pertaining thereto which may be promulgated by the Township.
B. 
Transfer operations.
(1) 
It shall be unlawful for any person to transfer, cause the transfer or permit the transfer of toxic or hazardous materials to or from a storage facility, part thereof or vehicle, where conditions at the transfer facility are inadequate at the time of said transfer to ensure a safe transfer operation without the occurrence of spills, leaks or accident.
(2) 
Failure of a transfer facility to conform to and comply with the provisions of Subsection A and all regulations and standards promulgated thereunder shall constitute a rebuttable presumption that conditions at said transfer facility are inadequate for the purposes of Subsection B(1) above.
(3) 
The transfer of toxic or hazardous materials to any storage facility or part thereof which does not comply with all provisions of this article applicable thereto and any regulations and standards promulgated under this article applicable thereto shall constitute a rebuttable presumption that conditions at said transfer facility are inadequate for the purposes of Subsection B(1) above.
(4) 
Conditions at the transfer facility shall be deemed to be inadequate at the time of a transfer if:
(a) 
The transfer facility is constructed so that all possible points of overflow are not visible from the loading and unloading locations; or
(b) 
The truck, storage facility or part thereof being delivered to does not have adequate capacity to contain the amount of toxic or hazardous material being transferred or to be transferred, or if a person performing or causing said transfer does not ensure by some reliable means that the truck, storage facility or part thereof has adequate capacity to contain the amount of toxic or hazardous material being transferred or to be transferred.
A. 
Storage facilities.
(1) 
It shall be unlawful to fabricate, construct, install or otherwise create a storage facility or part thereof for portable containers and tanks in excess of 100 gallons' total capacity containing toxic or hazardous materials if the facility has to be used for more than 30 days without:
(a) 
First having submitted satisfactory plans and specifications therefor to the Township.
(b) 
Constructing, installing, fabricating or otherwise creating said storage facility in accordance with the reports and plans submitted pursuant to Subsection A(1)(a) above.
(c) 
Constructing, installing, fabricating or otherwise creating said storage facility so as to prevent the discharge of any of the toxic or hazardous contents of the portable containers therein to the ground, groundwaters or surface waters of Jackson Township.
(d) 
Providing a chemically resistant pad on which to place the portable containers or tanks, impervious to the toxic or hazardous materials being stored in said containers and tanks.
(e) 
Providing a complete impervious containment of the storage facility or part thereof sufficient to contain at least 30% of the volume to be stored.
(f) 
Constructing, fabricating, installing or otherwise creating a storage facility or part thereof in accordance with all regulations and standards promulgated under this subsection.
(2) 
It shall be unlawful for any person to use, maintain or operate a storage facility containing portable containers or tanks for the storage of toxic or hazardous materials without:
(a) 
Preventing the discharge of any of the toxic or hazardous contents of the portable containers or tanks to the ground, groundwaters or surface waters of Jackson Township.
(b) 
Properly securing the portable containers or tanks containing toxic or hazardous materials so as to protect them from vandalism, unauthorized access and damage by traffic, machinery or falling objects.
(c) 
Storing the portable containers and tanks containing toxic or hazardous materials indoors except where such storage is prevented by fire regulations or where sufficient evidence is presented that physical or financial constraints of the facility make indoor storage impractical. Waiver of the indoor storage requirement shall be only by permission of the Township.
(d) 
Protecting any outdoor storage of portable containers or tanks containing toxic or hazardous materials from damage from heat, cold, rust and other weather-related conditions.
(e) 
Complying with all regulations and standards promulgated relating to the maintenance, use or operation of a storage facility containing portable containers containing toxic or hazardous materials.
(f) 
Complying with all of the provisions of Subsection B below and any regulations and standards promulgated thereunder.
B. 
Handling of portable containers or tanks. It shall be unlawful for the owner or other person in possession or control of a storage facility containing portable containers or tanks which contain toxic or hazardous materials to:
(1) 
Stack said portable containers or tanks more than two high without a properly designed storage rack for that purpose or to attempt any stacking without adequate equipment.
(2) 
Store said portable containers or tanks in a manner so as to prevent all sides thereof from being available for inspection.
(3) 
Fail to maintain current inventory records indicating deliveries, consumption, sale and final disposal of all toxic or hazardous materials stored in portable containers or tanks and to maintain said records for five years from the occurrence recorded.
(4) 
Fail to handle said portable containers or tanks in accordance with any regulations and standards promulgated pursuant to this subsection.
(5) 
Store said portable containers in numbers in excess of the maximum allowed by the approved design of the storage facility.
C. 
Inspections.
(1) 
It shall be unlawful for the owner or other person in possession or control of a storage facility containing portable containers or tanks for the storage of toxic or hazardous materials to fail to have said facility or part thereof containing said portable containers or tanks inspected:
(a) 
Prior to application for the renewal of a permit to operate a storage facility issued pursuant to § 394-8.
(b) 
Subsequent to any substantial modification of the storage facility or part thereof containing said portable containers or tanks and prior to the using or putting into service of a storage facility or part thereof.
(c) 
Prior to the using or putting into service of said storage facility or part thereof after repairs had been performed on it.
(2) 
It shall be unlawful to fail to have the inspections required by Subsection C(1) above performed in accordance with the provisions of § 394-12B(3)(c) and all regulations and standards promulgated pursuant thereto and those promulgated under this subsection.
(3) 
It shall be unlawful to fail to file a proof of inspection with the Township within 30 days of the performance of an inspection required by Subsection C(1) above complying with the provisions of § 394-12B(3)(e) and any regulations and standards promulgated pursuant thereto.
D. 
It shall be unlawful for any person to repair or modify or to cause or permit said repairs or modifications of a storage facility or part thereof containing portable containers or tanks for the storage of toxic or hazardous materials without performing said repairs or modifications or having them performed pursuant to a written protocol previously submitted to and approved by the Township.
E. 
At the discretion of the Township, § 394-15A(1)(a), (d), (e) and (f) and § 394-15C may be waived for temporary facilities, such as spill cleanup operations.
A. 
It shall be unlawful for any person to fabricate, construct, install, repair or modify any bulk storage facility or part thereof without doing so in accordance with a written protocol previously submitted to and approved by the Township.
B. 
It shall be unlawful for any person to fabricate, construct, install, modify, repair, use, maintain or operate any bulk storage facility or part thereof without:
(1) 
Doing so in a manner that will prevent toxic or hazardous materials contained therein from coming into contact with precipitation or other sources of moisture unless there is a provision made for collecting and treating the leachate and runoff generated so as to prevent a discharge of toxic or hazardous materials to the ground, groundwaters or surface waters of Jackson Township and so as to prevent the development of an explosive, incendiary or other hazardous or dangerous condition.
(2) 
Providing for the segregation of and without segregating potentially reactive chemicals which are toxic or hazardous materials or which may react so as to form toxic or hazardous materials, which reaction may present or cause a hazardous or dangerous condition.
(3) 
Providing for and storing bagged toxic or hazardous materials on pallets and within a roofed structure which prevents precipitation from reaching the bags.
(4) 
In the case of an indoor bulk storage facility, without providing for and providing an impervious floor without floor drains with a surrounding impervious dike so as to provide containment for hazardous or toxic materials generated from firefighting within the building.
(5) 
Providing for and providing adequate security so as to protect the storage facility and toxic or hazardous content therein from vandalism and accident.
(6) 
Complying with any regulations and standards which may be promulgated pursuant to this section.
C. 
Road deicing and other deicing materials are toxic or hazardous materials. In addition to the foregoing provisions of this section, road deicing salt may be stored near the shore or other areas where no adverse environmental impact may occur without brine control so long as the Township's approval for such a storage facility has been applied for and received in advance.
A. 
It shall be unlawful for the owner or other person in possession or control of any storage facility or part thereof to fail to report any unauthorized discharge, spill, leak, or any recognizable loss of toxic or hazardous materials therefrom or the failure of said storage facility to the Township within one hour of the time such owner or other person had sufficient evidence that he knew or should have known of said unauthorized discharge, spill, leak, loss or failure. A report to the Township shall not be deemed in compliance with any reporting requirement of any other federal, state or local law.
B. 
It shall be unlawful for the owner or other person in possession or control of any storage facility or part thereof to fail to keep records in writing reflecting the types and amounts of toxic or hazardous materials stored in the said storage facility or part thereof at any given time.
(1) 
It shall be unlawful for the owner or other person in possession or control of any storage facility or part thereof to fail to keep records of the disposal or other transfer in or out of said storage facility or part thereof, such records reflecting the types and amounts of toxic or hazardous materials involved in the transfer. The name and vehicle license and registration numbers of the transporter and the intended destination must also be included if the material is waste.
(2) 
It shall be unlawful for any person required to keep records by any provision of this article to fail to maintain said records available for inspection by the Township for at least five years from the date of the event, occurrence or transaction recorded. Copies shall be provided by the owner or operator for the Township if requested.
(3) 
It shall be unlawful for any person required to keep records by any provision of this article to fail to keep, record and maintain said records in accordance with any regulations and standards promulgated pursuant to this section.
C. 
It shall be the responsibility and obligation of any person who discharges, or causes or permits the discharge of, any toxic or hazardous material to the ground, groundwaters or surface waters of Jackson Township to cease said discharge; to reclaim, recover and/or properly dispose of the discharged toxic or hazardous material and any other substance contaminated therefrom; to restore the environment to a condition and quality acceptable to the Township; and to repair any damages caused thereby, all to the satisfaction of the Township.
(1) 
It shall be unlawful for the owner or any other person in possession or control of any source discharging toxic or hazardous materials to the ground, groundwaters or surface waters of Jackson Township to fail to cease said discharge immediately upon obtaining knowledge or notice of its existence.
(2) 
It shall be unlawful for the owner or any other person in possession or control of any source discharging or which has discharged toxic or hazardous materials to the ground, groundwaters or surface waters of Jackson Township to fail to reclaim, recover and/or dispose of the discharged toxic or hazardous materials. Where time permits, cleanup shall be in accordance with a written protocol previously submitted to and approved by the Township and the State of New Jersey.
(3) 
It shall be unlawful for the owner or other person in possession or control of any premises or place to fail to reclaim, recover and/or otherwise dispose of any toxic or hazardous materials discharged thereto, in accordance with a written protocol previously submitted to and approved by the Code Enforcement Officer, in the event that the persons described in Subsection C above are not ascertainable or otherwise fail to comply with the provisions of Subsection C(2). This provision shall not abridge any existing right of action in any person, nor shall it create any new right of action in any person.
(4) 
It shall be unlawful for the owner or any person in possession or control of any source which has discharged toxic or hazardous materials to the ground, groundwaters or surface waters of Jackson Township to fail to restore this environment contaminated or damaged by said discharge to its condition prior to the discharge, repairing any damages caused thereby in accordance with a written protocol previously submitted to, and approved by, the Township and the State of New Jersey Department of Environmental Protection.
(5) 
It shall be unlawful for any person required by this article or by any order of the Code Enforcement Officer to reclaim, recover or otherwise dispose of discharged toxic or hazardous materials and other substances contaminated therefrom and/or to restore the environment to the condition that existed prior to the discharge of toxic or hazardous materials thereto to fail to perform said required acts pursuant to any regulations and standards promulgated pursuant to this subsection.
A. 
Any information relating to secret processes, or methods of manufacture or production, obtained in the course of an inspection or investigation, or submitted to the Township, shall be kept confidential except for the use and purposes of the Township in the enforcement of this article and the rules and regulations promulgated thereunder.
B. 
Inability to file completed forms.
(1) 
In the event that a person claims to be unable to file completed reports and/or plans and specifications on the grounds that it related to, and is part of, a secret process or method of manufacture or production, an affidavit signed by an authorized person must be filed with the Township stipulating:
(a) 
The location of the process or equipment, specifying the building and the section or part of the building in which it is located.
(b) 
In general terms, the name of the process or equipment.
(c) 
The means to be employed for the control of water contaminants.
(d) 
The nature and estimated rate of discharge of contaminants to the ground or surface waters.
(e) 
The authority of the person signing the affidavit.
(f) 
A statement that the installation is related to a secret process or method of manufacture or production.
(2) 
In the event that such affidavit is filed, the Township shall determine the extent to which an exemption should be granted. Any information relating to secret processes, or methods of manufacture or production, which may be required, ascertained or discovered by the Township shall not be disclosed and shall be kept confidential.
A. 
It shall be unlawful for the owner or other person in possession or control of any place, building, land, vehicle or thing to store toxic or hazardous materials therein without conspicuously posting a notice thereat or thereon, warning of the presence of such materials and providing any safety information necessary to protect the public and assist emergency response personnel in carrying out their responsibilities.
B. 
It shall be unlawful for any person to use, maintain or operate any storage facility or part thereof without:
(1) 
Clearly labeling the specific contents of each portable container conspicuously on said container.
(2) 
Clearly labeling the specific contents of each indoor and aboveground tank or vessel conspicuously thereon.
(3) 
Clearly labeling the specific actual, intended and possible contents of piping associated with any storage facility or part thereof at or near the points of filling or drawing.
(4) 
Conspicuously posting any permit issued pursuant to this article.
C. 
It shall be unlawful for any person to falsely post or label any container or storage facility or to post an invalid permit.
D. 
It shall be unlawful for any person to use, maintain or operate any storage facility or part thereof without complying with all regulations and standards promulgated pursuant to this article.
Any requirement, mandate, prohibition or time limitation imposed by this article, or any regulation, standard or order generated hereunder, may be waived or modified by order of the Township.
The following shall be the permit fee schedule for permits issued pursuant to this article:
A. 
Permit to operate: $10 per tank.
B. 
Construction and modification permit: $5.
A. 
It shall be unlawful for any person to violate any of the provisions of this article, any lawful rules and regulations promulgated under this article, any lawful order of the Township of Jackson, Code Enforcement Officer or his designee or any conditions, limitations or restriction which is part of an operating permit. It shall be the duty of all municipal officials and employees to enforce the provisions of this article. No building permit shall be issued for the installation of any improvement of facilities governed by the provisions of this article without the prior approval of the Code Enforcement Officer or his designee. In addition to any other remedies provided by this article, the Code Enforcement Officer shall have the following judicial remedies available to him for violation of this article, any lawful rule or regulation promulgated under this article, any lawful order of the Code Enforcement Officer or his designee or any condition, limitation or restriction which is part of an operating permit.
B. 
The Code Enforcement Officer of the Township of Jackson may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with or prohibit the violation of this article, any lawful rule or regulation promulgated under this article, any lawful order of the Code Enforcement Officer or his designee or any condition, limitation or restriction which is part of an operating permit and to seek injunctive relief to prevent injury to the air, waters and property, including animal, plant and aquatic life, of the Township of Jackson and to protect human health, safety and welfare caused or threatened by any violation.
Whenever a violation of the article occurs or exists, any person, individually or otherwise, who has a legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation or who has a legal, beneficial or equitable interest in the real property upon which such facility or instrumentality is located shall be jointly and severally liable for said violation regardless of fault and regardless of knowledge of the violation. This provision shall be construed to impose joint and several liability, regardless of fault and regardless of knowledge of the violation, upon all persons, individually or otherwise, who, although no longer having any such legal, beneficial or equitable interest in said facility or instrumentality or real property, did have such an interest at any time during which such violation existed or occurred or continued to exist or to occur. This provision shall be liberally construed to protect the public health, safety and welfare and to accomplish the purposes of this article.
[Amended 3-14-2005 by Ord. No. 13-05]
If any person or corporation shall fail or refuse to obey or comply with or violates any of the provisions of this article or any lawful rule or regulation promulgated hereunder or any lawful order of the Code Enforcement Officer or his designee or any condition, limitation or restriction which is part of an operating permit issued or rendered under and pursuant to the provisions of this article, such person or corporation, upon conviction of such offense, shall be punished by a fine of $5,000 or by imprisonment not to exceed 90 days in the county jail, or both, in the discretion of the court. Each day of continued violation shall be considered as a separate offense.
[Adopted 4-24-1995 by Ord. No. 14-95 (Ch. 98, Art. II, of the 1972 Code)]
As used in this article, the following terms shall have the meanings indicated:
ETIOLOGICAL AGENTS
A viable microorganism or its toxin which causes or may cause human disease. These include, but are not restricted to, anthrax, rabies, tetanus, botulism, polio and AIDS specimens as per the Department of Transportation Guide Book.
EXPENDABLE ITEMS
Any items used to administer first aid to victims or emergency personnel or to extinguish any fire or stop or contain any leak or spill or disposal involving any hazardous material or etiological agent which cannot be reused or cannot be replenished without cost after that particular fire, leak, spill or disposal of any hazardous material or etiological agent. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment, to include but not be restricted to acid suits, acid gloves, goggles and protective clothing, cots, blankets and stretchers.
HAZARDOUS MATERIAL
Any substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury (National Fire Protection Association).
NONEXPENDABLE ITEMS
Any devices or vehicles used in the emergency operations to administer first aid, extinguish any fire or stop or contain any leak or spill or disposal involving any hazardous material or etiological agent which could normally be reused or replenished without cost but cannot due to said fire, leak, spill or disposal of any hazardous material or etiological agent. These include but are not restricted to fire apparatus, ambulances, trucks, loaders or electronical equipment.
PROPERTY OWNER
Any business, company, corporation or private individual, registered or unregistered, who manufactures, stores or sells any hazardous material or etiological agent.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, tanker trucks, construction equipment and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material or etiological agent.
A. 
This article provides for the replacement or reimbursement for the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the Township in case of fire, leakage or spillage or disposal involving any hazardous material or etiological agent.
B. 
This article entitles the Township of Jackson to reimbursement for any expendable and nonexpendable items used by the Township, including emergency management, or first aid squad or any of its fire districts in extinguishing any fire, stopping or containing any leak or controlling any spill or disposal of hazardous material or etiological agent.
The following shall be responsible for said reimbursement:
A. 
The owner or operator of any vehicle responsible for any fire, leak, spill or disposal of hazardous material or etiological agent.
B. 
The owner or person responsible for any vessel containing hazardous material or etiological agent involved in any fire, leak, spill or disposal on public or private property, whether stationary or in transit, whether accidental or through negligence.
C. 
The owner or person responsible for any property from which any leak, spill or disposal of hazardous material or etiological agent emanates, whether accidental or through negligence.
D. 
Any person responsible for any fire, leak, spill or disposal of hazardous material or etiological agent on public or private property, whether accidental or through negligence.
Any person or company responsible for any fire, leak, spill or disposal involving a hazardous material or etiological agent must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Township of Jackson, first aid squad or fire districts to handle such incident.
Any person, owner or company responsible for any fire, leak, spill or disposal of hazardous material or etiological agent shall reimburse the Township of Jackson, who shall in turn reimburse the first aid squad or fire districts, for the full price of any expendable or nonexpendable items used to extinguish such a fire, stop or contain such a leak, control such a spill or for removal of such disposed items within a period of 45 days after receipt of a bill for such items from the appropriate Township agency, first aid squad or fire district.
Any person, owner or company responsible for any fire, leak or spill of hazardous material or etiological agent who fails to reimburse the Township, first aid squad or the appropriate fire district within the time set forth in this article shall be subject to a fine of not less than $1,000 or to imprisonment for a period of not more than 90 days.
All reimbursements collected for hazardous material or etiological agents incidents shall be paid to the Township, who shall reimburse the appropriate Township agency. A record of all such funds shall be maintained by the appropriate Township agency, first aid squad or fire district.