[Ord. #1744, § 1; Ord. #1830, §§ 1,
2; Ord. #2000, § I]
A hazardous chemical control board is hereby established to
effectively control hazardous chemicals. The purpose of this board
and of this chapter is to protect the safety, health and welfare of
the residents of the Township of Lyndhurst from hazardous chemicals.
The board shall consist of:
a.
A graduate chemical engineer hereinafter referred to as "engineer"
who shall be a graduate from an accredited college or university,
licensed to practice professional engineering under N.J.S.A. 45:8-27,
with additional degrees, certifications and experience in chemical
engineering as the board of commissioners may require. The "engineer"
shall have in addition at least three years of relevant safety experience.
The chemical engineer shall be appointed by the commissioners and
shall be compensated by a fixed annual contract.
b.
The following township officials:
[Ord. #1744, § 1; Ord. #2000, § II]
a.
The engineer shall inspect, at least four times per year, all facilities manufacturing, processing, handling, using or storing hazardous chemicals within the township. He shall also make such additional inspections as are reasonably necessary to obtain compliance with the provisions of this chapter. In making his inspections the engineer may be accompanied by one or more members of the board. For the purposes of this chapter, "hazardous chemicals" are those materials defined as such in the BOCA Basic Fire Prevention Code as adopted by the Revised General Ordinances of the Township of Lyndhurst, 1979, Chapter 11, as amended, hereafter referred to as the "Fire Prevention Code" and including LP gas, explosive dust, flammable and combustible liquids and organic coatings.
b.
The board shall also inspect all other commercial and industrial plants and warehouses at least once a year to determine whether they require a permit under Section 25-3 hereof and to determine the contents of the effluents being discharged into the township sanitary and storm sewer systems.
c.
After each inspection a written report is to be submitted by each
inspector, to the engineer, which report shall include, but not be
limited to, any violations discovered and actions taken concerning
same. The engineer shall submit a monthly written report to the board
of commissioners, which report shall be available to the public.
d.
The engineer shall have the power, where there is or appears to be
an imminent hazard affecting life or safety of the public or property
involving hazardous chemicals, to declare an emergency and order remedy.
In such an emergency the board shall have the power to order the suspension
of the hazardous chemical operation. The method of suspension shall
pose no threat to the public and shall be subject to the approval
of the engineer. The suspension period shall be only as long as the
emergency exists.
[Ord. #1744, § 2]
Each owner and/or lessee which shall include individuals, partnerships
and/or corporations, who owns or leases property and/or structures
wherein and whereon hazardous chemicals are manufactured, processed,
handled, used, or stored in any manner shall:
a.
Have a permit as required under Section 25-3 of this chapter and show it upon request to the engineer or any member of the board.
b.
Once a year provide the board with a "safety control chemical data
sheet" as described in Schedule 1 herein.* Submission to the board
of a material safety data sheet in the form provided by the U. S.
Department of Labor (Form LSBOOS-4) shall be an acceptable alternative.
In using either sheet, materials having similar properties may be
grouped on one sheet.
c.
Once a year provide the board with a "plot plan" on its property
indicating the location of hazardous chemical storage areas in the
manner described in Schedule 2 herein,[1] and including the location of all stationary liquid containers,
and container storage areas containing a significant quantity of hazardous
chemicals on the premises.
[1]
Editor’s Note: The schedules are included as attachments to this chapter.
[Ord. #1744, § 3; Ord. #1830, § 3; Ord.
#2000, § III; Ord. #2107, § I; Ord. #2318, § I]
It is hereby determined that a permit shall be required for
the manufacturing, processing, handling, use or storage of a significant
quantity of hazardous chemicals in the township. The fee for such
permit shall be as set forth in Schedule 3[1] hereof. A significant quantity shall be any amount equal
to or in excess of those set forth in Schedule 3 hereof. When the
required fee has been paid to the chemical control inspector and the
other sections of the chapter have been complied with, a permit shall
be issued by the engineer. The permit shall list, by type and class,
as defined in the fire prevention code, the hazardous chemicals which
may be stored on the premises covered by the permit. For each type
and class of hazardous chemicals, the permit shall list the area in
which storage of such hazardous chemicals is permitted, the amount
permitted in each area, and the type of storage, such as, (by way
of example and not limitation) underground tank, above ground tank,
or 55 gallon drum. The type or class of significant quantities of
hazardous chemicals stored in a given area shall not be changed to
a different type or class without written notice to the board at least
three business days before the proposed change. "Class" means the
classes of flammable or combustible liquids listed in the Fire Prevention
Code. "Type" means the types of hazardous materials and chemicals
listed in the Fire Prevention Code.
[1]
Editor’s Note: The schedules are included as attachments to this chapter.
[Ord. #1744, § 3; Ord. #1830, § 4]
All application forms and other necessary forms shall be provided
for by the township and obtainable from the chemical control inspector.
When completed they shall be filed with the chemical control inspector
together with the required fee.
[Ord. #1744, § 3; Ord. #2000, § IV]
All permits shall expire on December 31 of the year in which they were issued. Applications for renewal of permits shall be filed 90 days prior to the expiration date in order that the application may be properly reviewed by the board. A permit shall be renewable for no more than the total amount of hazardous chemicals for which it was previously issued, except that this chapter shall not prohibit relocation of fuel oil tanks. Changes in types and classes of hazardous chemicals within the previously allowed total amount shall not prevent reissuance of a permit as long as the other sections of this chapter are complied with changes to a more hazardous type and or class shall not be permitted without prior written notice to the board. The chemical engineer or the board may require review and/or approval pursuant to Section 25-8d.
[Ord. #1744, § 3; Ord. #1830, § 5]
a.
The applicant must provide the board with a fully completed safety control chemical data sheet as required by paragraph b of Section 25-2 hereof. All items thereon shall be completed. If an answer to an item is properly "none" or "not applicable", it shall be so stated.
b.
The applicant must also provide the board with a fully completed plot as required by paragraph c of Section 25-2.
c.
The applicant shall clearly identify each storage tank, and storage
area by marking it in accordance with National Fire Protection Association
(NFPA) 704-1975 standard. Underground tanks shall be marked on the
fill or vent pipe. Drums and other container storage areas shall be
clearly marked, in accordance with the NFPA system, in such a manner
as to readily identify the hazardous chemicals stored therein.
d.
It is the intention of this chapter that no permit applicant or holder
may extend its capacity to store hazardous chemicals beyond that amount
safely stored prior to the date of the introduction of this chapter,
September 17, 1979. The total amount of hazardous chemicals permitted
shall not exceed: (1) The maximum capacity capable of being stored
in fixed tanks as of September 17, 1979; and (2) the maximum quantity
actually stored in non-fixed tank containers during the 12 months
period prior to September 17, 1979. The permit holder shall be permitted
to build fixed tanks for the storage of inventory formerly stored
in non-fixed containers.
e.
Nothing in this chapter shall be interpreted so as to prevent the
introduction and use of hazardous chemicals where such use is incidental,
as determined by the hazardous chemical control board, and reasonably
necessary for the operation of an allowed structure or use and shall
not constitute another line of business. The applicant is still required
to meet all of the requirements of this chapter. By way of example,
but not for limitation, the following uses of hazardous chemicals
are deemed incidental:
[Ord. #1744, § 4]
a.
All persons engaged in hazardous chemical operations shall carry
out such operations in a manner to protect the health, safety, and
welfare of the public from such operations.
b.
All person engaged in hazardous chemical operations shall comply
with the requirements and the standards set forth in this chapter.
The engineer or the board may accept equivalent protection where strict
compliance would create a hardship.
[Ord. #1744, § 4]
Every person engaged in hazardous chemical operations shall:
a.
Comply with the township's Building Code, Fire Prevention Code, Electrical
Code, Plumbing Code, and Sanitary Code and such other codes and standards
which have been or may be adopted by the Township of Lyndhurst.
b.
Comply with nationally recognized standards for their hazardous chemical
operation; such standards shall be listed annually by the board and
made available to permit holders.
c.
Comply with state laws and regulations and federal laws and regulations
protecting public safety and health from hazardous chemicals.
d.
Furnish certificate of liability insurance in the amount of $1,000,000.
[Ord. #1744, § 4]
a.
Every permit holder shall insure that a qualified person shall be
in charge at all times and at each and every place where hazardous
chemical operations are carried out. The qualified person shall remain
on the premises as long as the manufacture, use, processing, or handling
of hazardous chemicals is being carried out and shall return to the
premises when required under emergent circumstances. To be a qualified
person, the individual shall be knowledgeable in the chemical and
physical processes utilized by the permit holder and shall be selected,
trained, and designated by the permit holder.
b.
The permit holder shall furnish to the engineer, fire chief and police
chief a list of qualified persons with their addresses and telephone
numbers to be contacted in the event of any emergent circumstance.
[Ord. #1774, § 4; Ord. #2000, §§ V,
VI]
a.
Explosive material, as defined in the Fire Prevention Code, is hereby
prohibited within the confines of the Township of Lyndhurst.
b.
Unstable (reactive) chemicals as defined in the Fire Prevention Code,
and assigned a reactivity index of 3 or 4 according to NFPA 704-1980
standards are hereby prohibited within the confines of the Township
of Lyndhurst. This section does not pertain to laboratory samples
of one pound or less held by permit holder.
c.
Highly toxic materials as defined in the Fire Prevention Code and
assigned a health hazard index of 4 according to NFPA 704-1980 standards
are hereby prohibited within the confines of the Township of Lyndhurst
except for quantities used for laboratory testing. This section does
not pertain to such materials when labeled and packaged for consumer
use in accordance with applicable laws, nor does it pertain to use
of such materials by pest control applicators certified by the New
Jersey Department of Environmental Protection and in accordance with
applicable laws.
d.
Poisonous Gases.
1.
Poisonous gases as defined in the Fire Prevention Code and assigned
a health hazard index of 4 according to NFPA 704-1980 are hereby prohibited
within the confines of the Township of Lyndhurst except for quantities
used for laboratory testing.
2.
Poisonous gases as defined in the Fire Prevention Code and assigned
a health hazard index of 3 according to NFPA 704-1980 are hereby prohibited
within the confines of the Township of Lyndhurst except for quantities
used for laboratory testing. This prohibition shall not apply to a
material for which there is a nationally recognized consensus standard
which will protect the public safety from that material.
3.
Poisonous gases shall include liquids boiling at a temperature below
100° F. if the liquid releases gas that has a health hazard index
of 3 or more. These paragraphs c1, c2 and c3, do not pertain to such
materials when labeled and packaged for consumer use in accordance
with applicable laws nor does it pertain to the use of such materials
by licensed pest control applicators certified by the New Jersey Department
of Environmental Protection and in accordance with applicable law.
e.
Any significant change in any process or procedure involving a hazardous
chemical shall be submitted in writing to the engineer for approval
or denial before such change is instituted. A significant change is
one that may adversely affect the public health, safety, or welfare.
In his review, the engineer shall give first consideration to protecting
the health, safety and welfare of the residents of the township. The
engineer shall make his determination within a reasonable period of
time. Failure of the engineer to make a decision shall be deemed as
a refusal.
[Ord. #1744, § 4]
a.
Wherever hazardous chemicals in liquid form are present in vehicles,
rail cars, or above ground tanks or other containers, adequate drainage
or diking shall be provided. Satisfactory provisions for neutralizing
leakage or spills of corrosive liquids shall be provided.
b.
All storage areas for drums, carboys, barrels, bags, cylinders and
all other types of containers shall comply with the appropriate provisions
of the New Jersey Uniform Construction Code, the Fire Prevention Code,
and nationally recognized standards.
c.
Each storage tank and storage area shall be clearly marked in accordance
with National Fire Protection Association (NFPA) Standard 704-1975
to readily identify the hazardous chemicals stored therein. Underground
tanks shall be marked on the fill or vent pipe.
d.
Whenever underground storage tanks containing hazardous chemicals
have been in use for a period of 20 years or more, they shall be subject
to retesting when reasonably required by the engineer.
e.
Tank trucks and/or rail tank cars shall not be utilized for storage
of hazardous chemicals except as further provided by this chapter.
f.
Use of Tank Trucks or Rail Tank Cars for Active Storage.
1.
The permit holder may, by prior written notice to the board, use
a tank truck or rail tank car for the active storage of hazardous
chemicals during short campaigns for periods of no more than 14 working
days.
2.
Active storage shall be the transferring of chemicals from the tank
trunk or rail tank car directly into the chemical process used in
the campaign.
3.
All active storage areas for tank trunks or rail tank cars containing
hazardous chemicals shall be provided with adequate drainage complying
with Department of Environmental Protection and Fire Prevention Code
regulations, fixed fire protection in accordance with the Fire Prevention
Code and such other requirements as the board may deem reasonable.
[Ord. #1744, § 4]
a.
All loading, unloading, or transfer of hazardous chemicals shall
take place entirely on the permit holder's premises and under the
supervision of a qualified person.
b.
Liquid or bulk solid hazardous chemicals shall be transferred from
a vehicle or rail car to a storage tank and not directly to cylinders,
drums, portable tanks, or similar containers except in an emergency.
c.
All vehicles and rail cars carrying hazardous chemicals shall stand
or be parked only in a secure area where they are under the care,
custody, and control of a permit holder.
d.
All vehicles and rail cars carrying hazardous chemicals shall be
moved expeditiously through the township and in accordance with township,
state, and federal law on such movements. The permit holder shall
provide a qualified person who shall ensure that such movements comply
with this requirement for shipments to or from his premises.
e.
All tank trunks and rail tank cars containing flammable or combustible
liquids shall be loaded or unloaded within two working days. All tank
trucks and rail tank cars containing all other hazardous chemicals
shall be loaded or unloaded within seven working days. If the above
requirements cannot be complied with the board shall be notified immediately
by telephone.
f.
A person who loads or unloads hazardous chemicals shall comply with
the applicable federal laws and regulations.
[Ord. #1744, § 4]
a.
In every building and structure where hazardous chemical operations
are carried out, there shall be not less than two approved independent
exitways servicing every floor area and leading to less hazardous
locations. Stairways shall be enclosed. All exitways shall meet the
construction requirements of the New Jersey Uniform Construction Code
and the maintenance requirements of the township Fire Prevention Code
and Property Maintenance Code.
b.
Enclosed areas where hazardous chemical operations are carried out
shall be provided with approved automatic sprinkler, or other appropriate
protection in accordance with the New Jersey Uniform Construction
Code under approved supervision.
c.
Explosion venting shall be provided where hazardous chemical operations
are carried out as required by the New Jersey Uniform Construction
Code.
d.
All boilers and pressure vessels associated with hazardous chemical operations shall be in current compliance with applicable state law or regulations. Any such boiler or pressure vessel not in current compliance shall be declared an imminent hazard in accordance with Section 25-2 and shall be brought to atmospheric pressure and emptied of its contents forthwith, with due regard for the safety of the public.
e.
All existing buildings and structures and their equipment, tanks,
process equipment, and all other facilities used for or associated
with hazardous chemical operations shall be brought into and maintained
in compliance with federal, state and township public safety laws,
regulations or nationally recognized standards within three years
from the effective date of this chapter. Plans for compliance with
the requirements may include an increase in the quantity of hazardous
chemicals permitted to be stored when the engineer has determined
that such an increase shall contribute to significantly reducing the
exposure of the public to hazardous chemicals. All such plans shall
be submitted for approval to the engineer and as required by ordinances.
[Ord. #1774, § 4]
Every permit holder shall conduct hazardous chemical operations
so as to prevent the release of noxious or toxic fumes, mists, dusts,
vapors, gasses, odors, or other emissions into the atmosphere. Any
violation of state and federal air or water pollution or solid waste
laws or regulations shall also constitute a violation of this chapter.
[Ord. #1744, § 4]
In the event of any fire, explosion, structural failure, or
other accident relating to hazardous chemicals, the permit holder
shall immediately notify the police and fire departments, who will
in turn notify the engineer. Such notification shall be required notwithstanding
the permit holder's actual or anticipated ability to control the accident
without affecting public safety.
[Ord. #1744, § 4]
Each person who carries out hazardous chemical operations shall
instruct each of his officers, agents and employees having any responsibility
for such operations as to applicable requirements in this chapter.
[Ord. #1744, § 4]
The abandonment or removal of tanks which contain hazardous
chemicals shall comply with the appropriate sections of the New Jersey
Uniform Construction Code, the Fire Prevention Code, or such other
equivalent requirements acceptable to the engineer.
[Ord. #2355, § I]
Any person engaged in hazardous chemical operations subject
to inspections under this chapter shall, upon the request of the construction
code official or his designee, deposit the sum of $750 with the Township
of Lyndhurst to be applied against the anticipated costs of said inspections
to be made by the engineer. Said inspection fee shall be invoiced
at a rate not to exceed $150 per hour. Any escrow monies not used
shall be returned within 30 days from the completion of the inspections.
Any deficiency between the escrow deposited and the invoice for the
inspections shall be paid by the person who is engaged in hazardous
chemical operations prior to any permit or any certificate regarding
the subject matter of the inspection(s) being is issued.
[Ord. #1744, § 5]
The board shall use all reasonable means to see that information
clearly designated by an applicant or permit holder as a trade secret
is maintained as such. Such information shall be available within
the board only to those having a need to know in order to perform
their duties. Such information shall not be made available to persons
outside the board unless clearly required by an emergency situation.
The board shall follow the procedures set up by the department of
environmental protection when dealing with trade secrets.
[Ord. #1744, § 6]
Every day after an initial court adjudication of a violation
that the provisions of this chapter are violated by an owner and/or
lessee of any building or location shall be a separate and distinct
violation of this chapter.
[Ord. #1744, § 7]
If any section or part of this chapter shall be declared to
be unconstitutional, invalid or inoperative in whole or in part by
any court of competent jurisdiction, such section or part shall be
to the extent that is not unconstitutional, invalid or inoperative
remain in full force and effect and no such determination shall be
deemed to invalidate the remaining sections or parts of this chapter.
[Ord. #1744, § 8]
a.
The engineer shall give written notice of any violation of the provisions
of this chapter, to any owner and/or lessee who occupies any premises
subject hereto, as follows:
1.
Ten days' written notice to abate or correct any violation other
than that requiring structural or mechanical changes in the building,
structure or operation used in the manufacture or storage of hazardous
chemicals.
2.
Thirty days' written notice to abate or correct any violation requiring
structural or mechanical changes in the building, structure or operation
used in the manufacture or storage of hazardous chemicals.
b.
No complaint shall be filed upon proof by the owner and/or lessee
occupying such premises to the engineer that the abatement or correction
of the violation of the provisions of this chapter has been commenced
in good faith and work relating thereto is continuing.
c.
Upon failure of the owner and/or lessee to complete the abatement
or correction of the violation of the provisions of this chapter or
for any misstatement of fact, then upon the engineer filing a complaint
with the municipal court of the Township of Lyndhurst and conviction
thereunder, the owner and/or lessee shall pay a fine not exceeding
$500 for each offense or shall be imprisoned in the county jail for
a term not exceeding 90 days or both, at the discretion of the judge.
d.
1.
Upon the denial of a permit required by Section 25-3, or where enforcement of any provision of this chapter would work a substantial financial hardship, an aggrieved party may appeal to the board of commissioners. No such appeal shall be granted where the lives and safety of people or property would be adversely affected.
2.
Any such appeal shall be referred to the chemical control board for
a plenary hearing and recommendation.
3.
An appeal shall be decided by the board of commissioners only upon
the record established before the chemical control board. The appellant
shall arrange for six copies of the transcript to be submitted to
the board of commissioners.
4.
The board of commissioners shall make its decision within 30 days
of the receipt of the transcript.
5.
The chemical control board shall conduct a hearing within 30 days
of the filing of the appeal and make its decision within 21 days of
the hearing.
6.
Any of the above time limits may be extended upon written approval
of the applicant.
7.
Any prosecution in the Lyndhurst Municipal Court dealing with the
subject matter of the appeal shall be stayed pending the outcome of
the appeal.
[Ord. #1744, § 9]
All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies.
[Ord. #1744, § 10]
This chapter shall take effect immediately upon passage and
publication according to law, except that the fees prescribed hereunder
shall become effective on January 1, 1980 and the first of every year
thereafter.
[Ord. #1874, § I]
Shall mean continual, uninterrupted movement through the
township by the most expeditious route without stops for meals, sleep,
or to satisfy any other human needs except by delays caused by traffic
or traffic signals.
Shall mean waste derived from the use of chemicals which
must be discarded and disposed of and not intended for any use. Chemical
waste shall also include any such waste which is intended to be recycled
or reclaimed. No chemical analysis need be made of the substance so
long as the waste is derived from the use of chemicals.
Shall mean to spill accidentally or intentionally any chemicals
or chemical waste in any ground, building, waters, sewer or any other
place in the township. Dump shall also include discarding, abandoning
or otherwise disposing of containers containing such substances.
Shall mean a person who either owns or is in control of or
is in possession of real property in this township.
Shall mean and include a corporation, firm partnership, association,
organization and any other group acting as a unit as well as individuals.
It shall also include an executor, administrator, trustee, receiver
or other representative appointed according to law. Whenever the word
"person" is used in any section of this code prescribing a penalty
or fine, as to partnerships or associations, the word shall include
the partners or members thereof, and as to corporations, shall include
the officer, agents or members thereof who are responsible for any
violation of such section.
Shall mean:
In the case of chemical waste contained in drums or other containers,
removal shall occur within 12 hours.
In the case of dumped or discarded chemical wastes in or upon
the ground, such substances shall be removed within 24 hours. It shall
not be a defense that said dumped or discarded chemical waste cannot
be physically removed within such time.
Shall mean to keep, retain or maintain.
[Ord. #1874, § II]
a.
No person shall transport or cause to be transported chemical wastes
into this township unless such substances are in active transit through
the township for a destination outside this township.
[Ord. #1874, § III]
a.
Any person transporting chemical waste through this township shall
have a proper manifest for such shipment if the nature of the waste
is such that federal or state laws require such a manifest. In the
event the nature of the waste is such that no such manifest is required
then that person shall have other documentary proof setting forth
the following information:
[Ord. #1874, § IV]
a.
No person shall store any chemical wastes in this township unless
all of the following conditions are met:
1.
The wastes are generated in this township as a result of processes
or activity permitted within this township.
2.
A permit to store such waste is obtained from the hazardous chemical
control board.
3.
That such wastes are not stored beyond a reasonable time to enable
removing same out of the township or for the time needed to recycle
or reclaim same into chemicals to be reused by processes permitted
within the township. Reasonable time to be set by the hazardous chemical
control board.
b.
Any person who has possession or is in control of any chemical wastes
in the township and has no permit to store same, shall forthwith remove
such chemical waste from the township.
c.
No person who is the owner of property in this township shall allow
or permit, directly or indirectly, or cause to allow or permit, directly
or indirectly, any person to store, keep or retain any chemical waste
in or upon such property without a permit.
d.
Any person who is the owner of property in this township, upon which
property there is stored by someone else such chemical waste without
a permit shall forthwith remove or cause to be removed such chemical
waste from this township.
[Ord. #1874, § V]
a.
Application for permits to store chemical wastes which are generated
in this township shall contain the following information:
1.
The name and address of the applicant.
2.
The nature and quantity of the waste, also setting forth whether
hazardous or non-hazardous, toxic or non-toxic, flammable or non-flammable.
3.
The precise location of the storage place. If the waste is to be
stored in a building the precise location in the building.
4.
The type of containers in which the waste is to be stored.
5.
What is to be done with the waste; whether it is to be removed from
the township or recycled or reclaimed in this township.
6.
If the waste is to be removed from the township, the date on or before
it will be transported out of the township, such date shall not be
beyond a reasonable time to enable removal from the township by the
exercise of due diligence in good faith.
7.
If the waste is to be recycled or reclaimed by processes to be conducted
in this township, the date on or before the waste will be so processed.
Such date shall not be beyond a reasonable time to enable such processes
to be conducted by the exercise of due diligence in good faith.
8.
If the generation of the waste is a continual one; then there must
be set forth the quantity that will be accumulated and stored at any
one time before it is removed or reclaimed or recycled. Such amounts
which can be stored at any one period shall not exceed an amount which
is sufficient to be transported or reclaimed or recycled, as the case
may be.
b.
No permits shall be issued to store chemical wastes generated in
this township, unless same is stored in containers and in places which
comply with all federal, state and township laws and regulations pertaining
to the particular nature of the waste to be stored.
c.
Permits shall be issued for a period of one year and may be renewed
annually.
d.
All permits shall set forth the following:
1.
The nature of the waste which can be stored.
2.
The precise location where the waste can be stored.
3.
The quantity of the waste which can be stored at any one time.
4.
The length of time which any particular accumulation may be stored.
5.
The type of container which must be used for such wastes.
[Ord. #1874, § VI]
a.
No person shall dump, abandon or otherwise dispose of any chemical
waste within this township:
1.
Provided, however, in the event the waste is of such a nature that
federal, state or local laws and regulations allow such wastes to
be disposed of in the sanitary sewerage system, then such wastes may
be disposed of in this manner.
2.
Any such wastes dumped into the sewers shall be limited to the quantities
allowed for such disposition.
3.
Any person who intends to dispose of chemical wastes into the sewers
shall first file a copy with the hazardous chemical control board
setting forth the nature of the chemical waste, and the quantities
which will be introduced into the sewers each day. In addition thereto,
there shall be a copy of the laws or regulations which permit such
wastes to be disposed of into the sewers.
b.
Any person who shall dump, abandon or otherwise dispose of chemical
waste in this township, shall forthwith remove said chemical waste
from this township.
c.
No person who is the owner of property shall allow or permit any
person to dump, abandon or dispose of any chemical waste upon such
property.
d.
Any person who is the owner of property, and who shall allow or permit
any person to dump, abandon, or otherwise dispose of chemical wastes
upon such property, shall forthwith remove or cause to be removed,
such chemical waste from this township.
e.
The owner of property upon which another has dumped, abandoned or
otherwise disposed of chemical wastes without the permission of the
owner shall cause that person to forthwith remove said chemical waste
from this township. In the event the person who placed said substance
upon the property is unknown or unavailable and the owner cannot cause
him to remove said chemical waste, then the owner shall be responsible
to remove said chemical wastes forthwith at his own cost and expense.
f.
It shall be the responsibility of the owner of any motor vehicle
which was used to transport chemical wastes and which motor vehicle
has been stolen or abandoned within this township, or which was abandoned
in this township by the owner or lessee of said vehicle, to forthwith
remove said chemical wastes from this township at the owners cost
and expense.
[Ord. #1874, § VII]
[Ord. #1874, § VIII]
a.
Persons violating any of the provisions of this section shall be
subject to a fine not to exceed $500 or imprisonment not to exceed
90 days, or both, for each separate and distinct offenses in violation
of this section are as follows:
1.
Transporting chemical wastes into this township unless such substances
are in active transit through the township for a destination outside
the township.
3.
Storing chemical wastes in violation of subsection 25-11.4. Each day said wastes are stored shall be a separate and distinct violation and shall be punishable as such as set forth above.
4.
Failing to remove chemical wastes illegally brought into this township.
Each day such waste is kept in this township shall constitute a separate
and distinct violation and shall be punishable as such.
5.
For the owner of property who allows or permits any person to store,
keep or retain chemical wastes in this township without a permit.
Each day said owner shall permit said storage shall constitute a separate
and distinct offense and shall be punishable as such, as set forth
above.
6.
For dumping, abandoning or otherwise disposing of any chemical wastes within the township in violation of subsection 25-11.1.
7.
For failing to remove forthwith, any chemical waste dumped, abandoned, or otherwise disposed of in this township in violation of subsection 25-11.4. Each day the person fails to remove such substance shall constitute a separate and distinct offense and shall be punishable as such as set forth herein.
8.
For the owner of property to allow or permit any person to dump,
abandon, or otherwise dispose of any chemical waste on said property.
9.
For failure of the owner of property to forthwith remove or cause
to be removed, any chemical wastes which were dumped, abandoned, or
otherwise disposed of upon such property with or without the owner's
permission. Each day that said owner fails to forthwith remove said
chemical waste shall be a separate and distinct offense and shall
be punishable as such, as set forth above.
10.
For failure of the owner of a motor vehicle containing chemical wastes,
which motor vehicle has been abandoned, either by the owner or lessee,
or a person who has stolen same, to forthwith remove said chemical
wastes from this township. Each day that said owner shall fail to
remove the chemical wastes from the township shall be punishable as
such as set forth above.
11.
For failure to remove from this township chemical wastes within the
time allowed by the permit to store same. Each day or failure to so
remove shall constitute a separate and distinct offense and shall
be punishable as such.
12.
For failure to recycle or reclaim chemical wastes stored for such
purpose within the township. Each day of failure to recycle or reclaim
shall constitute a separate and distinct offense and shall be punishable
as such.
b.
Where it is set forth herein that each day a violation exists shall
constitute a separate and distinct offense, only one summons or complaint
shall be issued. In such case the summons or complaint shall set forth
a charge that each day the offense continues shall constitute separate
and distinct offenses and shall be punishable as such.
[Ord. #1874, § IX]
[Ord. #1874, § X]
a.
No person shall transport any chemicals into this township unless
such person shall have the following:
b.
Where chemicals are of such a nature and quantity that the storage
of same are regulated by federal, state or local laws and regulations
then no person shall store same without first obtaining a permit for
such storage from the hazardous chemical control board.
c.
Permits for the storage such chemicals within this township shall
be issued in accordance with the provisions contained in this chapter
of this code and any person storing said chemicals shall comply with
regulations set forth therein.
d.
No person or persons shall transport chemicals through the township
that do not comply with all state and federal regulations including
the United States Department of Transportation regulations on such
transport.
[Ord. #1874, § XI]
[Added 12-12-2023 by Ord. No. 3182-23]
[Added 12-12-2023 by Ord. No. 3182-23]
As used in this section, the following terms shall have the
meanings indicated:
Any items used to extinguish or prevent any hazardous material
fire, stop or contain any release involving any hazardous material,
which cannot be reused or cannot be replenished without cost after
a particular incident. These expendable items include but are not
limited to fire-fighting foam, chemical extinguishing agents, absorbents
and absorbent materials, sand, recovery drums and any protective equipment
and clothing, to include but not restricted to firefighting turnout
gear, breathing apparatus, chemical protective suits, boots, gloves
and goggles and any other item owned or controlled by the Township
of Lyndhurst or its employees, agents, officers and/or officials.
Expendable items shall also include any miscellaneous expenses incurred
by the Township of Lyndhurst resulting from such a release, including
but not limited to overtime wages paid to its employees, costs of
medical and hospital treatment for injuries sustained by employees,
agents or servants of the Township, vehicle response hours, monitoring
devices, decontamination equipment, communications expenses and meals.
Any material, solid, liquid or gas, in any quantity, listed
as such under the National Fire Protection Associations (NFPA) Guide
of Hazardous Materials, the Department of Transportation Guide Book,
the list of hazardous substances and toxic pollutants as adopted by
the Federal Environmental Protection Agency (EPA), pursuant to Sections
307 and 311 of the Federal Water Pollution Control Act of 1972, as
amended by the Clean Water Act of 1977 (33 U.S.C. § 1251
et seq.), any hospital or medical waste, including but not limited
to, syringes, bandages and discarded pharmaceutical products, and
any other material which may be an unreasonable risk to life, property
or the environment.
Includes, but is not limited to, any overtime payment necessitated
and generated by the hazardous material response. If applicable, it
shall include Fire Department personnel, Police Department personnel,
Medical Response personnel, Department of Public Works personnel.
It shall also include the cost of disposal and transportation of the
hazardous material.
Any natural person or individual, or any firm, partnership,
association, limited partnership, association, limited partnership,
proprietorship, corporation or any other business entity or any governmental
agency or entity.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances anywhere within the Township of
Lyndhurst or any other location outside of the Township where the
Lyndhurst Fire Department is requested for assistance.
The Township of Lyndhurst, including its employees, agents,
officers and officials.
Any motorized equipment, registered or unregistered, including
but not limited to a passenger car, motorcycle, truck, tractor trailer,
construction equipment, farm machinery, watercraft, aircraft and train
and/or any other method of carrying or transporting hazardous material.
Any container, drum, box, cylinder or tank used to hold or
to contain or carry or store any hazardous material, whether or not
said container was manufactured for the containment of a hazardous
material.
[Added 12-12-2023 by Ord. No. 3182-23]
a.
This section provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Township of Lyndhurst, for
costs expended, without regard to ownership, for the purpose of mitigating,
controlling or containing any incident in which a hazardous material
is involved in fire, leak, release or spill, or where the potential
thereof exists, or for the prevention of same.
b.
This section also provides for the reimbursement for the expenses
incurred by the Township of Lyndhurst for the overtime wages paid
to its employees, agents or servants and the costs of medical or hospital
treatment for injuries sustained by any employee, agent or servant
of the Township resulting from an incident involving a hazardous material
and any miscellaneous expenses incurred by the Township from an incident
involving a hazardous material.
c.
This section provides for the reimbursement to the Township of Lyndhurst
for any expendable items used by the Township or any of its employees,
agents, servants, officers or officials, in extinguishing any hazardous
material fire, stopping or containing, or controlling, or mitigating
any spill, release, or leak of any hazardous material.
[Added 12-12-2023 by Ord. No. 3182-23]
a.
The discharge of hazardous substances is prohibited, unless the responsible
party is in compliance with the conditions of a federal or state permit.
b.
Any person who may be subject to liability for a discharge or becomes
aware of a discharge which has occurred shall immediately notify the
Township of Lyndhurst Police Department at 201-939-2900.
c.
Whenever a hazardous material is discharged, the Township of Lyndhurst
may, in its discretion, act to remove or arrange for the removal of
such discharge.
d.
Any person who has discharged a hazardous material which has been
or shall be removed by the Township shall be strictly liable, jointly
and severally, without regard to fault, for all cleanup and removal
costs.
[Added 12-12-2023 by Ord. No. 3182-23]
Reimbursement to the Township for any incurred expenses shall
be made by the following parties:
a.
The owner, operator or party responsible for any vehicle or vessel
containing hazardous material involved in any fire or release on public
or private property, whether stationary or in transit, whether accidental,
through negligence or a criminal act.
b.
The owner or person responsible for any property from which any fire
or release of hazardous material emanates, whether accidental, through
negligence or criminal act.
c.
Any person or persons responsible for any fire, leak or spill of
hazardous material on public or private property.
[Added 12-12-2023 by Ord. No. 3182-23]
Any person responsible for a fire or release of a hazardous
material must provide reimbursement for services rendered and materials
used for services incurred by the Township or rendered by any recovery
company, towing company, or other technical assistance called by the
Township to handle such an incident. Vehicles involved in such a fire
or release may be impounded by the Township until such time as arrangements
have been made to reimburse the Township, recovery company, towing
company or technical assistance for their expenditures under the terms
of this section.
[Added 12-12-2023 by Ord. No. 3182-23]
a.
Any party responsible for a fire or release involving a hazardous material as set forth in § 25-12.4 shall reimburse the Township for the full amount of expenses incurred for expendable items and other costs of response which were used to extinguish a fire, control or contain a leak or spill within a period of 45 days after receipt of an itemized bill from the Township.
b.
This bill shall be forwarded to the responsible party and shall indicate
the fair market value of any items specified to be replaced from a
nationwide vendor's catalogue or submitted receipts. Items not
listed as fair market value shall be billed in accordance with the
following schedule of fees:
c.
Communications charge: $20 minimum charge, plus all charges that
exceed $20.
d.
Other costs of response shall include, but not be limited to any
overtime payments necessitated and generated by the hazardous material
response, any and all medical costs incurred by responding personnel.
e.
Other costs shall also include the cost of disposal and transportation
of the hazardous material as well as any and all environmental tests
required to ensure a hazard-free environment (soil-water-air) and
any other miscellaneous costs.
f.
Other costs shall also include the cost to replace any routine or
specialized equipment that becomes contaminated during response, containment,
abatement or recovery efforts.
g.
Replacement of any item is permitted, provided that it meets the
specifications established by the Lyndhurst Police or Fire Department.
[Added 12-12-2023 by Ord. No. 3182-23]
Any government agency outside the Township of Lyndhurst which
requests the assistance of the Township's emergency services
shall be responsible for the reimbursement of the costs incurred in
the mitigation of the fire or release of a hazardous material. The
governmental agency shall not be responsible to reimburse the Township
for any vehicle response hours or other routine expenses which are
consistent with mutual aid responses.
[Added 12-12-2023 by Ord. No. 3182-23]
In addition to charges for reimbursement to the Township of
Lyndhurst, any person or party responsible for any fire or release
of any hazardous material who fails to reimburse the Township within
the time set forth in this section shall be subject to a fine not
to exceed $1,000 or imprisonment not to exceed 90 days, or both, for
each separate and distinct offense.
