[1999 Code § 8.56.010]
This section shall regulate and control air pollution in the
Township.
[1999 Code § 8.56.020]
It is declared that pollution of the atmosphere by smoke, cinders,
soot, fly ash, gases, fumes, vapors, odors, dust and other contaminants
is a menace to the health, welfare and comfort of the residents of
Edison Township and a cause of substantial damage to property. For
the purpose of controlling, and reducing atmospheric pollution, it
is declared to be the policy of the Township to minimize air pollution
as herein defined and prohibit excessive emission of the same, to
establish standards governing the installation, maintenance and operation
of equipment and appurtenances relating to combustion which are a
source or potential source of air pollution, and, in furtherance of
this purpose, to cooperate and coordinate these efforts with the State
Department of Health, Air Pollution Control Program.
[1999 Code § 8.56.030]
As used in this section:
Means the presence in the outdoor atmosphere of one (1) or
more air contaminants in such quantities and duration as are or tend
to be injurious to human health or welfare, to animal or plant life
or to property, or would unreasonably interfere with the enjoyment
of life or property throughout the Township as shall be affected thereby,
and excludes all aspects of employer-employee relationship as to health
and safety hazards.
Means those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides or defoliants.
Means any furnace, boiler, water heater, device, mechanism,
stoker, burner, stack, oven, stove, kiln, still or other apparatus,
or a group or collection of such units, in the process of fuel burning
for the generation of heat or power. Refuse-burning equipment shall
be considered incinerators as herein defined and not as "fuel-burning
equipment" under this definition. Ovens, stoves or ranges used exclusively
for domestic cooking purposes are not included herein.
Means any device, apparatus, equipment or structure used
for destroying, reducing or salvaging by fire any material or substance,
including, but not limited to, refuse, rubbish, garbage, debris or
scrap, or facilities for cremating human or animal remains.
Means a property of a substance which affects the sense of
smell.
Means any fire wherein the products of combustion are emitted
into the open air and are not directed thereto through a stack or
chimney.
Means any person who has care, custody or control of a building
or premises or a portion thereof, whether with or without knowledge
of the owner thereof.
Means any person who, alone or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof; or who shall have
charge, care or control of any premises or part thereof, including,
but not limited to, a dwelling or dwelling unit, as owner or agent
of the owner, or as a fiduciary, including, but not limited to, executor,
administrator, trustee, receiver, guardian, or as a mortgagee in possession
regardless of how such possession was obtained. Any person who is
a lessee or sublessee of all or any part of any premises, including,
but not limited to, a dwelling or dwelling unit, shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
with the owner over the premises or portion thereof so leased or subleased.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals.
Means all putrescible and nonputrescible wastes (except body
wastes), and shall include, but not be limited to, garbage, rubbish,
yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
Means Ringelmann's Scale for Grading the Density of
Smoke, published by the United States Bureau of Mines, or any chart,
recorder, indicator or device for the measurement of smoke density
which is approved by the State Department of Health of the State of
New Jersey as the equivalent of Ringelmann's Scale.
Means solids not considered to be highly flammable or explosive,
and shall include, but not be limited to, rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
Means any business, trade or industry engaged in whole or
in part in salvaging or reclaiming any product or material, including,
but not limited to, metals, chemicals, shipping containers or drums.
Means small gasborne and airborne particles arising from
a process of combustion in sufficient number to be observable.
Means all solid or liquid material or rubbish resulting from
construction, building operations or the prosecution of any business,
trade or industry, and shall include, but not be limited to, plastic
products, carton, paint, grease, oil and other petroleum products,
chemicals, cinders and other forms of solid or liquid waste materials.
[1999 Code § 8.56.040]
a.Â
No person shall cause, suffer, allow or permit open burning of refuse
or plant life nor conduct a salvage operation by open burning, except
as provided in paragraph b. below.
b.Â
The open burning of trade waste is not prohibited where no other
known method of disposal can be used without hazard to health or property
and the required affidavit has been filed with and approved by the
Commissioner of the New Jersey State Department of Health in accordance
with Chapter II, Section 1.4 of the New Jersey Air Pollution Control
Code.
[1999 Code § 8.56.050]
a.Â
No person shall cause, suffer, allow or permit smoke from any fuel-burning
equipment, the shade or appearance of which is darker than No. 1 of
the Ringelmann Smoke Chart, to be emitted into the open air.
b.Â
The provisions of this subsection shall not apply to smoke emitted
during the cleaning of a firebox or the building of a new fire, the
shade or appearance of which is not darker than No. 2 of the Ringelmann
Smoke Chart, for a period or periods aggregating no more than three
(3) minutes in any fifteen (15) consecutive minutes.
[1999 Code § 8.56.060]
a.Â
Smoke Emissions. No person shall cause, suffer, allow or permit smoke
from any incinerator, the shade or appearance of which is darker than
No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air;
or emissions of such opacity within a stack or chimney or, exclusive
of water vapor, of such opacity leaving a stack or chimney, to a degree
greater than the emission designated as No. 1 of the Ringelmann Smoke
Chart.
b.Â
New Fires. The provisions of paragraph a. shall not apply to smoke
emitted during the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringelmann Smoke Chart (for
a period of no longer than three (3) consecutive minutes; or to emissions
of such opacity leaving a stack or chimney or, exclusive of water
vapor, of such opacity leaving a stack or chimney, to a degree which
is not greater than the emissions designated as No. 2 of the Ringelmann
Smoke Chart, for period no longer than three (3) consecutive minutes.
c.Â
Visible Particles. No person shall cause, suffer, allow or permit
the emission of particles of unburned waste or ash from any incinerator
which are individually large enough to be visible while suspended
in the atmosphere.
d.Â
Odors. No person shall construct, install, use or cause to be used
any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
e.Â
Limitation on Time of Operation. No person shall operate, and no
owner or operator of any building in the Township shall permit the
operation of, an incinerator prior to 7:00 a.m. or after 5:00 p.m.
of any days, and all operation shall be completely terminated by 5:00
p.m., including complete extinction of the fire and removal of material
in a safe manner from the firebox to a noncombustible container; provided,
however, that by special permit, the Health Officer may, because of
exceptional circumstances, permit different hours of operation under
such conditions as he or she shall deem necessary for the health,
safety and welfare of the public or of persons in the vicinity.
[1999 Code § 8.56.070]
No person or owner of property, and no person having possession
or control of property, shall cause, suffer, allow or permit to be
emitted into the open air substances in such quantities as shall result
in air pollution. The provisions of this subsection shall not apply
to the use of economic poisons.
[1999 Code § 8.56.080]
a.Â
All buildings and premises subject to this section are subject to
inspection from time to time by the Health Officer or his or her duly
authorized representatives. All rooms and areas in the building shall
be available and accessible for such inspection, which shall be made
during usual business hours if the premises are used for nonresidential
purposes; provided, however, that inspections may be made at other
times if:
1.Â
The premises are not available during the foregoing hours for inspection;
or
2.Â
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proved by inspection during other
than the prescribed hours; or
3.Â
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety, requiring inspection and
abatement without delay.
b.Â
Emergency inspections may be authorized without warrant if the Health
Officer has reason to believe that a condition exists which poses
an immediate threat to life, health or safety. Such procedure shall
take place only where the time required to apply for and secure the
issuance of a warrant would render ineffective the immediate action
necessary to abate the condition. Emergency inspections may also be
authorized by the Governor in times of air pollution emergencies in
accordance with N.J.S.A. 26:2C-32. Where the Health Officer or his
or her duly authorized representatives are refused entry or access
or are otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, such person shall be
in violation of this section.
[1999 Code § 8.56.090]
a.Â
The Health Officer may, upon affidavit, apply to any judge for a
search warrant, setting forth factually the actual conditions and
circumstances that provide a reasonable basis for believing that a
nuisance or violation of the section may exist on the premises, including
one (1) or more of the following:
1.Â
That the premises require inspection according to the cycle established
by the Health Officer for periodic inspections of premises of the
type involved;
2.Â
That observation of external conditions (for example, smoke, ash,
soot, odors) of the premises and its public areas has resulted in
the belief that violations of this section exist;
3.Â
Circumstances such as age and design of fuel-burning equipment and/or
system types of incinerator, particular use of premises or other factors
render systematic inspections of such building necessary in the interest
of public health and safety.
b.Â
If the Judge is satisfied as to the matters set forth in the affidavit,
he or she shall authorize the issuance of a search warrant permitting
access to and inspection of that part of the premises on which the
nuisance or violation may exist.
[1999 Code § 8.22.010]
The purpose of this section is to provide a mechanism for the
Township of Edison to independently monitor and analyze the environmental
remediation of redevelopment or rezoning sites within the Township
of Edison where on-going or prospective NJDEP or USEPA environmental
remediation is taking place or is about to take place.
[1999 Code § 8.22.020]
a.Â
The following parties shall be responsible for the posting of an
Environmental Remediation Escrow (defined below) with the Edison Township
Department of Health and Human Services:
1.Â
The owner of any property which has been designated by the Township
Council as an "area in need of redevelopment" under the Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1, et seq., which is the subject
of an on-going or prospective NJDEP or USSEPA environmental clean-up
(hereinafter a "Redevelopment Clean-Up Site"); or
2.Â
The owner of any property seeking the rezoning of said property by
the Township Council which is the subject of an on-going or prospective
NJDEP or USEPA environmental clean-up (hereinafter a "Rezoning Clean-Up
Site").
b.Â
The Township Council, as a condition precedent to 1. the adoption
of any ordinance adopting a redevelopment plan for a Redevelopment
Clean-Up Site, or 2. the adoption of any ordinance rezoning a Rezoning
Clean-Up Site, may require the owner thereof to post with the Edison
Township Department of Health and Human Services a twenty thousand
($20,000) dollar escrow to allow the Township (by and through its
own personnel or through outside environmental consultants) to independently
monitor and analyze the on-going or prospective NJDEP or USEPA clean-up
of said Redevelopment Clean-Up Site or Rezoning Clean-Up Site (hereinafter
the "Environmental Remediation Escrow").
c.Â
A formal escrow agreement shall be prepared by the Township Attorney
memorializing the posting and use of the Environmental Remediation
Escrow. Said agreement shall authorize its execution by the Mayor
and Township Clerk by formal resolution of the Township Council.
d.Â
Any unused escrow shall be refunded by the Township upon the completion
of the Township's independent environmental analysis and monitoring.
e.Â
The owner of any Redevelopment Clean-Up Site or Rezoning Clean-Up
Site shall have the right to copies of all reports and analyses generated
by the Township of its independent consultants.
[1999 Code § 8.22.030]
The provisions of this section shall be administered and enforced
by the Department of Health and Human Services, and said Department
is charged with the duty to enforce this section and, to that end,
to make and sign complaints for violations in the Municipal Court
of the Township.
[1999 Code § 8.22.040]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be committed on each day during or on which a violation occurs or continues.
[Ord. No. O.1720-2009§ I]
The purpose of this section is to provide enhanced public outreach
by those responsible for clean-up of contaminated sites under the
jurisdiction of the DEP, the USEPA and/or the USACE (as such terms
are defined below), to post signs and to distribute notification letters
informing local residents of work progress. Additionally, this section
will provide notice to the Township personnel identified herein of
proposed remediation work so that appropriate steps can be taken to
safeguard the residents in this community and the surrounding environment.
[Ord. No. O.1720-2009§ I]
Means any location where contaminants are or were known or
suspected to have been discharged, generated, manufactured, refined,
transported, stored, handled, treated, or disposed, or where contaminants
have or may have migrated.
Means any discharged hazardous substance as defined pursuant
to section P.L. 1976, c. 141 (C. 58:10-23.11b), hazardous waste as
defined pursuant to section 1 of P.L. 1976, c. 99 (C. 13:1E-38), or
pollutant as defined pursuant to section 3 of P.L. 1977, c. 74 (C.
58:10A-3).
Means the New Jersey Department of Environmental Protection.
Means the Director of the Township of Edison Department of
Health and Human Services.
Means any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into the waters or onto
the lands of the State, or into waters outside the jurisdiction of
the State when damage may result to the lands, waters or natural resources
within the jurisdiction of the State.
Means the Township of Edison Chief of the Division of Fire.
Means a health and safety plan prepared in accordance with
N.J.A.C. 7:26E-1.9, as supplemented and amended.
Means the "environmental hazardous substances" on the environmental
hazardous substance list adopted by the DEP pursuant to section 4
of P.L. 1983, c. 315 (C. 34:5A-4); such elements and compounds, including
petroleum products, which are defined as such by the DEP, after public
hearing, and which shall be consistent to the maximum extent possible
with, and which shall include, the list of hazardous substances adopted
by the USEPA pursuant to section 311 of the Federal Water Pollution
Control Act Amendments of 1972, Pub. L. 92-500, as amended by the
Clean Water Act of 1977, Pub. L. 95-217 (33 U.S.C. s.1251 et seq.);
the list of toxic pollutants designated by Congress or the USEPA pursuant
to section 307 of that act; and the list of hazardous substances adopted
by the USEPA pursuant to section 101 of the "Comprehensive Environmental
Response, Compensation and Liability Act of 1980," Pub. L. 96-510
(42 U.S.C. s.9601 et seq.); provided, however that sewage and sewage
sludge shall not be considered as hazardous substances for the purposes
of P.L. 1976, c. 141 (C. 58:10-23 et seq.).
Means a condition at a contaminated site where there is:
(1) confirmed contamination in a well used for potable purposes at
concentrations at or above the groundwater remediation standards;
(2) confirmed contamination that has migrated into an occupied or
confined space producing a toxic or harmful atmosphere resulting in
an unacceptable human health exposure, or producing an oxygen-deficient
atmosphere, or resulting in demonstrated physical damage to essential
underground services; (3) confirmed contamination at the site of a
nature that either dermal contact, ingestion, or inhalation of contamination
could result in an acute human health exposure; or (4) any other condition
that poses an immediate threat to the environmental or to the public
health and safety.
Means an individual who is licensed by the board pursuant
to section 7 of P.L. 2009, c. 60 (C. 58:10C-7) or the DEP pursuant
to section 12 of P.L. 2009, c. 60 (C. 58:10C-12).
Means the Coordinator of the Township of Edison Office of
Emergency Management.
Means (1) any person who executes or is otherwise subject
to an oversight document to remediate a contaminated site, (2) the
owner or operator of an industrial establishment subject to P.L. 1983,
c. 330 (C. 13:1K-6 et al.), for the remediation of a discharge, (3)
the owner or operator of an underground storage tank subject to P.L.
1986, e. 102 (C. 58:10A21 et seq.), for the remediation of a discharge,
(4) any other persons who discharge a hazardous substance or is in
any way responsible for a hazardous substance, pursuant to section
8 of P.L. 1976, c. 141 (C. 58:10-23.11g), that was discharged at a
contaminated site, or (5) any other person who is remediating a site.
Means the Township of Edison Chief of the Division of Police.
Means those actions taken at a site or off site if a contaminant
has migrated or is migrating therefrom, as may be required by the
DEP or USEPA, including the removal, treatment, containment, transportation,
securing, or other engineering or treatment measures, whether to an
unrestricted use or otherwise, designed to ensure that any discharged
contaminant at the site or that has migrated or is migrating from
the site, is remediated in compliance with the applicable health risk
or environmental standards.
Means a plan for the remedial action to be undertaken at
a site, or at any area to which a discharge originating at a site
is migrating or has migrated; a description of the remedial action
to be used to remediate a site; a time schedule and cost estimate
of the implementation of the remedial action; and any other information
the DEP or USEPA deems necessary.
Means a process to determine the nature and extent of a discharge
of a contaminant at a site or a discharge of a contaminant that has
migrated or is migrating from the site and the problems presented
by a discharge, and may include data collected, site characterization,
sampling, monitoring, and the gathering of any other sufficient and
relevant information necessary to determine the necessity for remedial
action and to support the evaluation of remedial actions if necessary.
Means all necessary actions to investigate and cleanup or
respond to any known, suspected, or threatened discharge of contaminants,
including, as necessary, the preliminary assessment, site investigation,
remedial investigation, and remedial action; provided, however, that
"remediation" or "remediate" shall not include the payment of compensation
for damage to, or loss of, natural resources.
Means a written determination by a licensed site remediation
professional that the contaminated site was remediated in accordance
with all applicable statutes and regulations, and based upon an evaluation
of the historical use of the site, or of any area of concern at that
site, as applicable, and any other investigation or action the DEP
deems necessary, there are no contaminants present at the site, or
at any area of concern, at any other site to which a discharge originating
at the site has migrated, or that any contaminants present at the
site or that have migrated from the site have been remediated in accordance
with applicable remediation regulations, and all applicable permits
and authorizations have been obtained.
Means the collection and evaluation of data adequate to determine
whether or not discharged contaminants exist at a site or have migrated
or are migrating from the site at levels in excess of the applicable
remediation standards. A site investigation shall be developed based
upon the information collected pursuant to the preliminary assessment.
Means the United States Army Corps of Engineers. For purposes of this Section 22-3, the use of the term "USACE" herein shall refer only to active or time critical United States Army Corps of Engineers remediation sites.
Means the United States Environmental Protection Agency.
|
NOTE: All terms used but not defined herein shall have the same
meaning ascribed to them in the Site Remediation Reform Act, N.J.S.A.
58:10C-1 et seq.
|
[Ord. No. O.1720-2009§ I]
Except as exempted by N.J.A.C. 7:26E-1.4(e), any person responsible
for conducting the remediation of any contamination or contaminant
within the Township of Edison shall take the following notification
actions not later than thirty (30) days prior to either (i) the commencement
of a site investigation or remedial investigation of an area of concern,
or (ii) the initiation of remediation of a contaminated site:
a.Â
Sign Placement.
1.Â
The placement of a minimum of one (1) sign at every street frontage
a location clearly visible to the public, which sign shall be in English
and, as to the extent applicable, the prevalent language within 200
feet of the site boundary if a "sensitive population" is identified
pursuant to N.J.A.C. 7:26E-1.4. Any such sign shall be at least two
(2) feet by three (3) feet in size and shall include the following
words in font that is of sufficient size to be readable from the street
or sidewalk:
(a)Â
"Environmental Investigation Cleanup in Progress at this Site;"
(b)Â
"For Further Information Contact...," followed by the telephone
number for the person responsible for conducting the remediation and
the telephone number for the DEP's, USEPA's or USACE's
Office of Community Relations;
(c)Â
"Contaminants of concern are listed as..." stating, at a minimum,
the three (3) chemicals which pose the highest health and/or environmental
risk;
(d)Â
The DEP's preferred ID, as provided in the most recent
edition of the "Department's Known Contaminated Sites in New
Jersey" report or the valid USEPA site identification number. If neither
number is available, the number provided by the DEP's hotline
may be substituted (1-877-WARNDEP or 1-877-927-6337); and
(e)Â
"Posted on," followed by the date the sign was posted.
2.Â
Within two (2) weeks after the sign is posted, the person responsible
for conducting the remediation shall submit the site information required
at paragraph b1(d) below, and a photograph of the sign showing its
location and content in both electronic/digital format and in hard
copy to:
(a)Â
The assigned case manager. If a case manager for the site has
not been assigned, include a copy of the photograph as part of the
remedial investigation report or remedial action report required by
this chapter;
(b)Â
The DEP's, USEPA's, or USACE's Office of Community
Relations;
(c)Â
The Township Clerk;
(d)Â
The Director of Health;
(e)Â
The OEM Coordinator;
(f)Â
The Police Chief;
(g)Â
The Fire Chief;
(h)Â
The Edison Township Environmental Commission; and
(i)Â
Any other interested party as authorized by Resolution of the
Township Council to receive such information.
3.Â
The person responsible for conducting the remediation shall comply
with all local laws and requirements relevant to the posting of signs.
4.Â
For sites where the remedial investigation or remediation was initiated
prior to September 2, 2008, the sign shall be posted no later than
November 1, 2009.
5.Â
The sign shall remain posted and shall be maintained so that it is
legible at all times, until such time as the DEP or USEPA issues a
No Further Action Letter and Covenant Not to Sue (or its functional
equivalent) pursuant to N.J.A.C. 7:26-C.
6.Â
No sign shall be placed in such a manner as to impede or obstruct
the clear line of site of the traveling public. In this regard, the
Director of Health, or his or her designee, shall have the right to
direct the person responsible for conducting the remediation of any
contamination or contaminant to relocate said sign to a location on
the site which does not impede or obstruct the clean line of site
of the traveling public.
7.Â
The sign requirements set forth herein shall supersede any inconsistent
or conflicting local sign regulations.
b.Â
Notification by Mail.
1.Â
The person responsible for conducting the remediation shall provide
public notice by sending notification letters and, the following shall
apply:
(a)Â
Notification letters shall be sent:
(1)Â
No later than two (2) weeks prior to either initiating field
activities associated with a remedial investigation of a multi-phase
remediation or initiating a single phase remediation; or
(2)Â
For sites where the remedial investigation or remediating was
initiated prior to September 2, 2008, no later than November 1, 2009.
(b)Â
Additional notification letters that reflect the current condition
and progress of the remediation shall be sent every two (2) years
after the initiation of the remediation or the remedial action until
a No Further Action and Covenant Not to Sue letter (or its functional
equivalent) is issued by the DEP or USEPA pursuant to N.J.A.C. 7:26C,
or on a schedule approved by the DEP or USEPA.
(c)Â
The notices prepared pursuant to paragraph b, 1(a) and (b) above
shall be sent to the following persons by certified mail or by using
the certificate of mailing service:
(1)Â
Each owner of all real property, as shown on the current Township
tax duplicate, and tenants of those properties, located within two
hundred (200) feet of the site boundary; and
(2)Â
The administrator of each school and child care facility identified
in the sensitive population and resource checklist required pursuant
to N.J.A.C. 7:26E-1.4(f).
(d)Â
The notice shall include the following site information:
(1)Â
The name and address of the site;
(2)Â
The tax block(s) and lot(s);
(3)Â
The DEP's Preferred ID number as provided in the most recent
edition of the "Department's Known Contaminated Sites in New
Jersey" report or the valid USEPA site identification number. If neither
number is available, the number provided by the DEP's hotline
may be substituted (1-877-WARNDEP or 1-877-927-6337);
(4)Â
A statement that contamination has been identified;
(5)Â
A brief description of the type of contamination in common language,
the affected environmental media and action(s) being taken at the
site;
(6)Â
Contact information for the person responsible for conducting
the remediation and for the DEP's, USEPA's or USACE's
Office of Community Relations; and
(7)Â
A statement that the person responsible for conducting the remediation
will provide a copy of all environmental reports to the Director of
Health.
(e)Â
Each time notification letters are sent, the person responsible
for conducting the remediation shall submit an electronic copy and
a paper copy of one (1) notification letter and list of recipients
to the following:
(1)Â
The assigned case manager. If a case manager for the site has
not been assigned, include a copy of the notification letter and list
of recipients as part of the remedial investigation report or remedial
action report required by this section;
(2)Â
The DEP's, USEPA's or USACE's Office of Community
Relations;
(3)Â
The Township Clerk;
(4)Â
The Director of Health;
(5)Â
The OEM Coordinator;
(6)Â
The Police Chief;
(7)Â
The Fire Chief;
(8)Â
The Edison Township Environmental Commission; and
(9)Â
Any other interested party as authorized by resolution of the
Township Council to receive such information.
[Ord. No. O.1720-2009§ I]
The Township Clerk shall, within forty-eight (48) hours after having received the sign verification documentation and notice letters as set forth in subsection 22-3.3, shall immediately notify the Mayor and Township Council of same by providing a copy of said written materials.
[Ord. No. O.1720-2009§ I]
In addition to the requirements of this Section 22-3, any person conducting remediation activities shall prepare a site-specific HASP in accordance with the requirements of N.J.A.C. 7:26E-1.9. Such HASP shall be submitted to the Director of Health and the OEM Coordinator at least forty-five (45) days before initiating such remediation activities.
[Ord. No. O.1720-2009§ I]
All residential oil tank removals shall be exempt from the requirements of this Section 22-3.
[Ord. No. O.1720-2009§ I]
The provisions of this section shall be administered and enforced
by the Director of Health, and said Director of Health is charged
with the duty to enforce this section and, to that end, to make and
sign complaints for violations in the Municipal Court of the Township.
If the Director of Health and Human Services is unavailable to enforce
this section, the provisions of this section shall be administered
and enforced by the Township Engineer.
[Ord. No. O.1720-2009§ I]
Any person who violates any provision of this section shall, upon conviction thereof be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be committed on each day during or on which a violation occurs or continues.
[Ord. No. O.1720-2009§ I]
Nothing in this Section 22-3 shall be construed to abridge or limit the powers of the DEP under the Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. or the rules promulgated thereunder (N.J.A.C. 7:26E-1 et seq.). In the event of a conflict between the Reform Act and the regulations promulgated thereunder, the provisions of the Site Remediation Reform Act and the regulations promulgated thereunder shall control.
[Ord. No. O.2025-2018]
It is hereby declared that pollution of the waters in and about
the Township of Edison presents serious problems of health and safety
to the citizens of the Township. For the purpose of controlling and
reducing these health and safety hazards, it is declared to be the
policy of this Township to minimize water pollution and, in furtherance
of this policy, to coordinate these efforts with the New Jersey Department
of Environmental Protection (NJDEP) and the United States Environmental
Protection Agency (EPA).
[Ord. No. O.2025-2018]
The streams, rivers and other bodies of water in and around
the Township are subject to the jurisdiction of the NJDEP and EPA.
All persons placing any substance or object in these waters shall
comply with all applicable rules, statutes and regulations.
[Ord. No. O.2025-2018]
The only exceptions to the prohibitions contained in this section
shall be actions for which the EPA, the NJDEP, or a formally delegated
utility authority, as authorized by NJDEP or other authorized agent,
has issued a permit for such activity pursuant applicable federal
or New Jersey Law and provided that all such activities are undertaken
in conformance with the provisions of said permit(s).
[Ord. No. O.2025-2018]
a.Â
The Business Administrator, or her designee, shall appoint or designate
some suitable person or agency to administer this section on or before
its effective date.
b.Â
Any person violating any of the provisions of this section shall,
upon conviction, be subject to a fine not to exceed five hundred ($500.00)
dollars or imprisonment not to exceed ninety (90) days, or both. Each
and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation. This provision shall
not preclude the right of the Township to pursue or cooperate with
any enforcement action for violation of any applicable federal or
state water pollution control statute and or regulation.
