[Ord. #84-86, S 1]
This chapter shall be known as the "Supplemental Hazardous Substance
Storage Ordinance" of the Township of Montgomery.
[Ord. #84-86, S 1]
The Board reaffirms and reiterates the findings made in section BH16-2 of this Code as if set forth at length herein. The Board further finds that there exists a great potential for damage to the waters and environment of the Township and public health from leaking, deteriorating and defective hazardous substance containers located at hazardous substance facilities already existing in the Township at the time Ordinance No. 81-85 (Chapter BH16 of the Board of Health Code) was adopted. That great potential for damage may be reduced by requiring improvements to storage methods at existing facilities and by requiring registration of existing facilities so that the source of any discharge or spill may be more readily identified and the discharge/spill abated.
[Ord. #84-86, S 1; Ord. #94-5, S 2]
While many of the provisions of Ordinance No. 81-85 (Chapter BH16 of the Board of Health Code) applied to hazardous substance facilities already existing in the Township as of January 5, 1986 (the effective date of Ordinance No. 81-85), including for example and without limitation, the reporting and removal of spills/discharges requirements, several of the provisions of Ordinance No. 81-85 applied only to new hazardous substance facilities. The purpose of this chapter is to supplement Ordinance No. 81-85 to require registration of existing hazardous substance storage facilities and improvements to the storage procedures employed at those facilities, both private and publicly owned.
[Ord. #84-86, S 1]
Unless otherwise indicated the definitions set forth in section BH16-5 of the Board of Health Code shall apply in the interpretation and enforcement of this chapter. In addition, the following definitions shall apply:
[Ord. #84-86, S 1]
Within 180 days of the effective date of this chapter, the owner
or person in charge of any existing hazardous substance facility shall
register the facility with the Township Health Department. Registration
of the facility shall be completed on forms supplied by the Township
requiring, in addition to any other information required by the Department,
identification of the following:
a.
Name, address and phone number of facility.
b.
Name, address and phone number of facility owner.
c.
Name, address and phone number of person in charge of facility.
d.
A plot plan of the facility indicating the number and location of
containers, the date of their installation and the material of which
they are made. If the exact number of containers at the facility varies,
e.g. in the case of drums, the maximum number of containers ever present
and average weekly number of containers present at the facility shall
be noted.
e.
Name(s) of hazardous substance(s) stored at facility.
Having registered the facility, the owner or person in charge
thereof shall thereafter annually certify to the Health Department
that the information set forth in the registration is unchanged. The
owner or person in charge of any existing hazardous substance facility
shall notify the Health Department of any changes in the above information
within 30 days of the occurrence of said changes. There shall be no
fee for registration or annual certification. Failure to register,
provide notification of changes or annual certification as aforesaid
shall be deemed a violation of this Code.
[Ord. #84-86, S 1]
Within 180 days of the effective date of this chapter the owner
or person in charge of an existing hazardous substance storage facility
shall submit for review and approval by the Board of Health a program
of facility inspection designed to detect spills and potential equipment
failures. The program shall, without limitation, include the inspection
and testing of hazardous substance storage containers and any piping
or other equipment connecting therewith, any secondary containment
areas or diversionary systems, and security systems at regular intervals,
and an inventory control program. Records of inspections, test and
inventory control made under the program shall be maintained by the
owner or person in charge for a period of three years and shall be
available to the Health Officer for inspection between the hours of
8:30 a.m. and 4:30 p.m. In evaluating the adequacy of the proposed
inspection program, the Board shall consider the age of the containers
used at the facility, past discharges or spills from the facility,
the quantity and type of hazardous substance(s) stored and dangers
posed therefrom, the proximity of the facility to residences, businesses
and waters in the Township, regulations of the United States Environmental
Protection Agency and the recommendations, guidelines and standard
procedures of the following organizations:
a.
American Petroleum Institute (API), 1220 L Street, N.W., Washington,
D.C. 20005;
b.
American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA 19103;
c.
National Association of Corrosion Engineers (NACE), P.O. Box 218340,
Houston, Texas, 77218;
d.
National Fire Protection Association (NFPA), Batterymarch, Quincy,
Massachusetts 02269; and
e.
Underwriters Laboratory (UL), 333 Pfingston Road, Northbrook, Illinois
60062.
The approved program of facility inspection shall be implemented
within 60 days of the Board's approval of the program. The failure
to submit or implement a plan of facility inspection as aforesaid
shall be deemed a violation of this Code.
[Ord. #84-86, S 1; Ord. 94-5, S 2]
Within 180 days of the effective date of this chapter the owner or operator of an existing hazardous substance storage facility shall submit for review and approval by the Board of Health detailed engineering plans describing alterations or planned alterations to be made to the facility and to procedures employed at the facility to ensure that the facility meets the standards contained in sections BH16-11 paragraphs a, b, c, d, e, f, g, i, k, l, m, n, o, p, q, s, t, u, v, w, x and y of the Board of Health Code. The Board shall consider and act upon the plans submitted within 60 days of their receipt. The approved alterations to the facility shall be completed within 180 days of the Board's approval of the alterations and in accordance with any other applicable statutes, regulations, codes or ordinances. Following completion of the alterations as required by this section, the person(s) completing the alterations shall file a certification with the Board of Health that the alterations comply with the provisions of this section and any approvals issued hereunder. The failure to submit or implement plans for alterations as aforesaid shall be deemed a violation of this Code.
Upon request of the owner or person in charge of the facility
and as showing that the owner or person in charge of the facility
is taking steps to implement required alterations, the 180 day period
to make alterations may be extended by the Board of Health for an
additional period not to exceed 180 days.
[Ord. #84-86, S 1]
a.
When required by the Health Officer, the owner or operator of any
existing hazardous substance storage facility shall install monitoring
wells or monitoring systems in locations calculated to maximize the
detection of any discharge into the waters or environment of the Township.
The Health Officer will only determine to require monitoring wells
or monitoring systems where the location, quantity or quality of the
hazardous substances stored would cause early detection of a leak,
spill or discharge to be critical to the protection of public health,
waters or environment of the Township or where the facility has experienced
recurring (at least two) discharges. The Health Officer shall not
require installation of observation wells or other monitoring systems
if a discharge of a hazardous substance could be readily detected
by personnel at the facility, product gauging or other means.
b.
Prior to the installation of observation wells, as required by the
Health Officer, plans showing the proposed location of the wells or
other systems shall be submitted to the Health Officer for approval.
c.
The owner or operator shall sample the observation wells or other
systems quarterly or at such other intervals and in a manner as may
be required by the Board of Health, and submit samples to a State
certified or equivalently certified test laboratory for analysis for
determination as to whether or not any of the hazardous substances
stored or used at the facility have reached the waters of the Township
and, if so, in what concentration. The owner or operator shall cause
said laboratory reports to be forwarded to the Health Officer.
d.
Copies of said laboratory reports shall also be maintained by the
owner or operator at the existing hazardous substance storage facility
for purposes of inspection by the Health Officer, agent or employees
of the Board of Health for a minimum period of three years, including
three years following cessation of operation of activities by a facility
owner.
e.
In the event the laboratory analysis demonstrates the presence of
a hazardous substance in the observation well or other systems, the
Board of Health shall be immediately notified and steps approved by
the Health Officer immediately taken by the owner or operator of the
existing hazardous substance storage facility to abate the situation.
f.
The failure to install monitoring wells or monitoring systems as
foresaid shall be deemed a violation of this Code.
[Ord. #84-86, S 1]
In lieu of complying with all or some of the provisions of section BH16A-7 above, the owner or person in charge of an existing hazardous substance facility may within 180 days of the effective date of this chapter make application to the Board of Health for exemption from any or all of the requirements of section BH16A-7. Exemption from any or all of the requirements of section BH16A-7 may be granted by the Board of Health if the owner or person in charge of the facility demonstrates by clear ad convincing evidence the following:
a.
That exemption from the requirements of section BH16A-7 would not pose any danger or hazard to the waters or public health of the Township; or
b.
That the danger to the public health and waters of the Township is
de minimis and so slight so as not to justify the cost of making the
alterations.
Application for exemption shall be made to the Board of Health and considered by the Board within 60 days of receipt of the request by the Board. At the same time the owner or operator of the facility submits a request for exemption, the inspection procedures required by section BH16A-6 shall be submitted for approval. In evaluating the request for exemption the Board shall consider the nature and quantity of the substances stored at the facility and dangers posed therefrom, type and age of the existing storage and containment devices, whether spills or discharges have occurred in the past at the facility, proximity of the facility to residences, businesses and waters of the Township, soil and climate conditions, compatibility of the hazardous substance and its container, regulations of the United States Environmental Protection Agency and New Jersey Department of Environmental Protection and the recommendations, guidelines and standard procedures of the organizations listed in section BH16A-6 above.
If the Board denies a request for exemption, either in part or whole, the owner or person in charge of the facility shall comply with all provisions of section BH16-7 from which no exemption was granted.
[Ord. #84-96, S 1; Ord. #99-01, S 7]
Any person aggrieved by any decision of the Health Officer or designee made pursuant to this chapter shall have the right to appeal that decision to the Board of Health, pursuant to the procedures set forth in section BH1-3.
[Ord. #984-86, S 1]
In the event that any section, sentence or clause of this chapter
shall be declared unconstitutional, unenforceable or otherwise invalid
by a court of competent jurisdiction, such determination shall not
prejudice the enforcement of the remaining provisions.
[Ord. #84-86, S 1]
Nothing herein contained shall be deemed to limit the Board
of Health or any of its agents from exercising any other right or
power granted by the Federal, State or Local government to effectuate
the purpose of this chapter or to protect the health of the community,
nor shall anything contained herein be construed as relieving the
owner or operator of any existing hazardous storage facility from
complying with any other applicable statutes, regulations, codes or
ordinances.
[Ord. #84-86, 1]
Any person violating any of the provisions of this chapter shall
upon conviction thereof be subject to a penalty of not less than $5
nor more than $500 for each particular violation. Each day a violation
continues shall constitute a separate offense.
[Ord. #84-86, S 1; Ord. #94-89, S 7; Ord. #94-2, S 7]
a.
There is hereby established an annual fee of $35 per facility for the registration of existing hazardous substance facilities. Said fee shall be presented to the Health Department with the annual certification information required by section BH16A-5 of this Code.
b.
The fee for Board of Health review of inspection procedures (section BH16A-6) shall be $100 per facility. The fee for Board of Health review of alterations to facilities (section BH16A-7) shall be $100 per facility unless the Board of Health finds that it is unable to conduct a comprehensive review of the proposed facility because the magnitude or uniqueness of the proposed facility or hazardous substance to be stored therein causes data submitted to be so complex as to be beyond the scope of its knowledge, expertise or experience. In such instances, a review shall be undertaken by another qualified professional who shall make recommendations to the Board and an escrow account in the amount of $1,000 will be established to cover the cost of professional services. Escrow sums not utilized in the professional review process shall be returned to the applicant. If additional escrow sums are required to cover the cost of professional services, the applicant shall be notified of the required additional account and shall add such sum to the escrow amount within 15 days.
