[HISTORY: Adopted by the Council of the City of Perth Amboy:
Art I, 12-21-1982 as Ord. No. 306-82; Art II, 7-3-1990 as Ord. No. 506-90. Amendments noted where applicable.]
[Adopted 12-21-82 as Ord. No. 306-82]
Any business engaged in or about to engage in processing, distribution,
storage, manufacturing and/or warehousing of toxic material, hazardous
material, carcinogenic material or Environmental Protection Agency
primary pollutants within the city limits of Perth Amboy must file
a certificate of registration at least ten (10) days prior to occupancy
and annually thereafter on or before April 1.
The application for the certificate of registration shall be
in the appropriate form obtainable at the City Clerk's office
and shall be filed with the City Clerk, together with a fee of ten
dollars ($10.).
The City Clerk shall forward a copy of said application to the
Director of the Fire Department for his review and information. The
enforcement of this Article shall be by and under the control and
direction of the Director of the Fire Department.
Every person, firm or corporation conducting a business requiring
registration shall permit all proper officials of the Fire Department
to have access to any building or premises for the purpose of ascertaining
whether there has been compliance with the provisions of this Article,
and any reprisal shall be deemed to be a violation.
Any person, firm or corporation who shall violate any of the
provisions of this Article or any supplement thereto shall, upon conviction,
be punished by a fine not to exceed five hundred dollars ($500) or
by imprisonment in the county jail for a period of not to exceed ninety
(90) days, or by both such fine and imprisonment, and each violation
of any of the provisions of this Article and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 7-3-1990 as Ord.
No. 506-90]
Whenever used in this Article, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
Liquid petroleum and any and all liquid by-products of petroleum
with a flashpoint in excess of one hundred degrees Fahrenheit (100°
F.) thirty-eight degrees Celsius (38° C.), as more particularly
set forth in American Petroleum Institute (API) Publication 2022,
Section 7, which is incorporated herein by reference.
A chained, linked or attached section of floatable solid
nonflammable material which has been designed for the purpose of enclosing
oil spills upon the Arthur Kill. Said "boom" should be of such dimensions,
both above and below water, so as to operate at maximum efficiency
consistent with the tides and winds in the Carteret-Perth Amboy-Woodbridge
waterfront area.
Includes all above-the-water vehicles, whether they be self-propelled
or pulled or pushed and whether they be intracoastal or intercoastal,
and including but not restricted to tankers, barges, floating platforms
of all types and sizes, ships and boats of all dimensions and any
and all types of water vehicles that can be utilized for the purpose
of transferring liquid petroleum products.
All vessels which dock at refineries or like industries within
the City of Perth Amboy for the purpose of transferring petroleum
products to or from said refineries or industries must, immediately
upon docking, be totally enclosed with a portable floating boom or
like apparatus, at least fifteen (15) feet from the docked vessel,
so that if a spillage should occur, said spillage would be contained
within the boomed area; provided, however, that no booming be necessary
on the dockside of the vessel, but said boom is to originate at some
point before the bow of the vessel and terminate at some point behind
the stern of the vessel so that the dock itself would thereby constitute
one (1) side of the boomed-in area.
In the case of vessels transferring or receiving liquid petroleum
products which do not fall within the aforesaid definition, a visual
inspection of all sides of the vessel shall be undertaken before,
during and after any such transfer or receiving to ensure that no
discharge or spillage occurs.
The Department of Environmental Control of the City of Perth
Amboy and/or the Central Jersey Air Pollution Agency are jointly or
severally authorized to enforce the provisions of this Article.
Any person, firm or corporation violating the provisions of
this Article shall, upon conviction, be punished by a fine of not
to exceed one thousand dollars ($1,000) or by imprisonment in the
county jail for a period of not to exceed ninety (90) days, or by
both such fine and imprisonment, and each violation of any of the
provisions of this Article and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
