[Ord. No. 85-4, § 1]
As used in this section:
Shall mean a plan for the cleanup of industrial establishments
including those operating on farmlands, approved by the Township Committee,
which includes a description of the locations and quantities of sludge
and contaminants that will remain on the premises where sludge has
been applied; a description of the types and locations of storage
vessels, surface, improvements or secured landfills containing sludge;
recommendations regarding the most practicable method of cleanup;
and a cost estimate of the cleanup plan.
Shall mean the Township Committee.
Shall mean any place of business (including farms) engaged
in operations which involve the generation, manufacture, refining,
transportation, treatment, storage, handling, or disposal of sludge
on site, above or below ground.
Shall mean any business engaging in the generation, manufacture,
refining, transportation, treatment, storage, handling or disposal
of sludge above or below ground, including operations conducted on
farmland.
Shall mean the solids, precipitates and liquids, other than
effluent, which are produced as a result of the storage or treatment
of domestic or industrial sewerage.
Shall mean the cessation of all operations which involve
the generation, manufacture, refining, transportation, treatment,
storage, handling or disposal of sludge, or any temporary cessation
for a period of not less than six months, or any transaction or proceeding
through which an industrial establishment, including a farm, becomes
nonoperational for health or safety reasons or undergoes change in
ownership.
[Ord. No. 85-4, § 2]
a.
The owner or operator of an industrial establishment planning to
close operations shall:
1.
Notify the Township Committee in writing, no more than five days
subsequent to public release, of its decision to close operations;
2.
Upon closing operations, or 60 days subsequent to public release
of its decision to close or transfer operations, whichever is later,
the owner or operator shall submit a copy of a cleanup plan to the
Committee, including a guarantee of performance of the cleanup in
an amount equal to the cost estimate for the cleanup plan. This duty
shall be considered mandatory and nontransferable or assignable.
b.
The owner or operator of an industrial establishment planning to
sell or transfer operations shall:
1.
Notify the Township Committee in writing within five days of the
execution of an agreement of sale or any option to purchase.
2.
Submit to the Township Committee, within 60 days prior to transfer
of title, a copy of cleanup plan attached to the contract or agreement
of sale or any option to purchase which may be entered into with respect
to the transfer of operations.
3.
Obtain, upon approval of the cleanup plan by the Committee, a surety
bond or other financial security approved by the Township Committee
guaranteeing performance of the cleanup plan in an amount equal to
the cost estimate for the cleanup plan.
4.
The obligations of the owner or operator pursuant to this subsection
shall be nontransferable or assignable and the cleanup plan and detoxification
of the site shall therefore be implemented by the owner or operator.
[Ord. No. 85-4, § 3]
a.
The Committee shall, in accordance with the schedule contained in
an approved cleanup plan, inspect the premises to determine conformance
with minimum standards for soil, groundwater and surface water quality
and shall certify that the cleanup plan has been executed and that
the site has been detoxified.
[Ord. No. 85-4, § 4]
a.
The provisions of any law, rule or regulation to the contrary notwithstanding,
the transferring of an industrial establishment is contingent on the
implementation of the provisions of this section.
b.
If the premises of the industrial establishment would be subject
to substantially the same use by the purchaser, transferee, mortgagee
or other party to the transfer, and upon written certification thereto
and approval by the Committee thereof, the implementation of a cleanup
plan and the detoxification of the site may be deferred until the
use changes or until the purchaser, transferee, mortgagee or other
party to the transfer closes, terminates or transfers operations.
1.
Within 60 days of receiving notice of the sale of realty transfer
and certification that the industrial establishment would be subject
to substantially the same use, the Committee shall approve, conditionally
approve, or deny the certification.
2.
Upon approval of the certification, the implementation of a cleanup
plan and detoxification of the site shall be deferred.
3.
Upon denial of the certification, the cleanup plan and detoxification
of the site shall be implemented pursuant to the provisions of this
section.
c.
The authority to defer implementation of the cleanup plan set forth
in paragraph b of this subsection shall not be construed to limit,
restrict, or prohibit the Committee from directing site cleanup under
any other statute, ordinance, rule, or regulation, but shall be solely
applicable to the obligations of the owner or operator of an industrial
establishment, pursuant to the provisions of this section, nor shall
any other provisions of this section be construed to limit, restrict,
or prohibit the department from directing site cleanup under any other
statute, rule or regulation.
[Ord. No. 85-4, § 5]
No obligations imposed by this section shall constitute a lien
or claim which may be limited or discharged in a bankruptcy proceeding.
All obligations imposed by this section shall constitute continuing
regulatory obligations imposed by the Township.
[Ord. No. 85-4, § 6]
a.
Failure of the transferrer to comply with any of the provisions of
this section is grounds for voiding the sale or transfer of an industrial
establishment or any real property utilized in connection therewith
by the transferee, entitles the transferee to recover damages from
the transferrer, and renders the owner or operator of the industrial
establishment strictly liable, without regard to fault, for all cleanup
and removal costs and for all direct or indirect damages resulting
from the failure to implement the cleanup plan.
b.
Failure to submit a cleanup plan pursuant to the provisions of subsection 21-1.2 of this section is grounds for voiding the sale by the Committee.
c.
Any person who fails to comply with the provisions of this section is liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense. Any officer or management official of an industrial establishment who knowingly directs or authorizes the violation of any provisions of this act shall be personally liable for the penalties established in this paragraph.
[Ord. No. 85-4, § 7]
a.
An owner or operator of an industrial establishment, or real property
which once was the site of an industrial establishment which engaged
in operations which involve the generation, manufacture, refining,
transportation, treatment, storage, handling, or disposal of sludge
on-site who knows or suspects the occurrence of any hazardous discharge
involving sludge on-site, above or below ground at the industrial
establishment or real property shall, within 10 days of obtaining
any information leading to this knowledge or suspicion, make an inspection
thereof and file a written report concerning this hazardous discharge
of sludge with the Committee and the local Board of Health. The report
shall include: the quantity of sludge involved in the hazardous discharge
if known; the location of the hazardous discharge; and any actions
taken by the owner or operator of the industrial establishment to
contain the discharge.
b.
A person who fails to make a report required pursuant to this subsection or who knowingly gives or causes to be given any false information in any such report, or otherwise violates the provisions of this subsection, or any rule or regulation adopted pursuant thereto, is liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature each day during which it continues shall constitute an additional, separate and distinct offense.
[Ord. No. 89-2, § 1]
Many types of biological research, such as genetic engineering,
are of exceptional importance and may offer many potential benefits,
but are also characterized by major uncertainties and possible significant
hazards regarding effects on the human population, other organisms
and the general environment;
As the products of biotechnology move from contained research
laboratories into full contact with the public and the environment
through commercial testing and applications in the environment, the
residents of the Township maintain serious and legitimate concerns
about the effect that the release of genetically engineered microorganisms
and bacteria into the outdoor environment may have on the health,
safety and welfare of the public;
It is therefore incumbent upon the governing body to take responsible
and timely measures to insure that the public health, safety and welfare,
and the environment are protected and public concerns associated with
the release of genetically engineered microorganisms are promptly
addressed.
That these important interests may be addressed through the
establishment of a procedure for reviewing proposed releases of genetically
engineered microorganisms into the outdoor environment.
[Ord. No. 89-2, § 2]
As used in this section:
Shall mean a living microorganism, including but not limited
to bacteria and viruses, whose genes have been artificially altered
for scientific or commercial purposes.
Shall mean the Committee of the Township of Millstone.
Shall mean any area outside of the confines of a laboratory
or other closed and secured building, or structure, including but
not limited to forests, fields, streams, rivers, lakes or other bodies
of water and the atmosphere.
Shall mean, in addition to the usual meanings, all political
subdivisions of this State or any agencies or instrumentalities thereof.
Shall mean the location within the boundaries of the Township
of Millstone on which a person proposes to release a genetically engineered
microorganism.
[Ord. No. 89-2, § 3]
No person shall release any genetically engineered microorganisms
into the outdoor environment of the Township, as part of any field
test, experiment, or research project without first having obtained
a permit issued by the governing body, after a public hearing.
[Ord. No. 89-2, § 4]
A person who proposes to release genetically engineered microorganisms
into the outdoor environment shall not later than six months prior
to the date of this proposed release notify the governing body of
the proposed release date by certified mail. The notice shall be accompanied
by the following information:
a.
The names and addresses of all persons holding an interest in the
tract upon which the site is located;
b.
The location of the tract on which the site is located or is to be
located as identified by municipal Tax Map by lot and block;
c.
The name and address of the corporate surety and the identifying number of the bond required pursuant to subsection 21-2.9 of this section;
d.
A plan for environmental protection, which shall include a method
for containment and disposal of the genetically engineered microorganisms;
e.
A plan for insuring the health, safety and welfare of the public
including clean up and containment provisions in case of an accident
or unanticipated consequence of the release of a genetically engineered
micro-organism;
f.
A plan for restoration of the land surface disturbed by operations
incident to the release of genetically engineered microorganisms;
g.
A risk assessment which shall include:
1.
Information on the projected survivability of the genetically engineered
microorganism in the environment;
2.
A determination as to the genetically engineered microorganism's
ability to survive in a human host;
3.
Information on the genetically engineered microorganism's ability
to reproduce in the outdoor environment;
4.
An analysis of the likelihood that the genetically engineered microorganism
will be dispersed or transported to a new or unintended site;
5.
A determination as to whether or not the release of the genetically
engineered microorganism will pose any threat to the public health,
safety or welfare; and
6.
A determination as to whether or not the release of the genetically
engineered microorganism will have any deleterious environmental effect.
h.
A sworn statement that the owner has in force, and will maintain
until the completion of the restoration, to the satisfaction of the
governing body, of any site in the Township, liability insurance coverage
in an amount no less than $5,000,000 for bodily injury and $1,000,000
for property damage, to pay claims arising out of the release of genetically
engineered microorganisms.
i.
A sworn statement that all requirements of the Federal and State
governments over any activity related to the release of genetically
engineered microorganisms have been fulfilled and are in effect at
the time of application is filed, including copies of any Federal
or State permits.
j.
A description, by name or number, of the County, State, and municipal
streets that the applicant anticipates will be used for access to
and egress from the site; and
k.
A map, on a scale not smaller than 400 feet to the inch, prepared
by a surveyor licensed in New Jersey, showing the location of the
site.
[Ord. No. 89-2, § 5]
A permit required by subsection 21-2.3 of this section shall be issued only upon the adoption of a resolution by the governing body that the authorized activities will not result in:
[Ord. No. 89-2, § 6]
[Ord. No. 89-2, § 7]
A photostatic copy of an original permit shall be prominently
displayed in a conspicuous location at the site, together with a document
providing the name, current address, and telephone number of the permit
holder and the telephone numbers of police and fire services. The
permit or copy and the emergency numbers shall remain prominently
displayed at all times during the course of all work authorized or
required by the permit.
[Ord. No. 89-2, § 8]
a.
Prior to the approval of any permit or amended permit, the governing
body shall provide timely and informative notice of the permit application
to the public. The public shall be afforded an opportunity to review
the permit application. Any public comment submitted to the governing
body shall be made part of the public record and considered by the
governing body in determining whether to approve the permit. The governing
body shall hold a public hearing on a permit application before adopting
the resolution approving the permit.
b.
Notice of the public hearing pursuant to paragraph a of this subsection
shall be given to the owners of all real property as shown on the
current tax duplicates, located in the State and within 200 feet in
all directions of site. Notice shall be given by the person proposing
to release the genetically engineered microorganisms, who shall mail
a copy of the public hearing notice by certified mail to the property
owner at his address as shown on the current tax duplicate.
[Ord. No. 89-2, § 9]
As a precondition to the issuance of a permit under subsection 21-2.3 of this section, the applicant shall execute and file with the governing body a surety bond guaranteeing compliance with all provisions of this section and all provisions and conditions of the permit. The bond shall be in an amount established by resolution of the governing body. The surety bond required by this section shall be executed by a surety company authorized to do business in this State. The governing body shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by his attorney in ordinance, with a certified copy of the power of attorney attached thereto. The governing body shall not approve a bond unless there is attached a certificate of the Commissioner of Insurance that the company is authorized to transact a fidelity and surety business in this State.
All bonds shall run to the governing body as obligee.
[Ord. No. 89-2, § 10]
The governing body may order the immediate suspension of any
activities related to the release of genetically engineered microorganisms
if it finds that the activity poses an imminent danger to public health,
safety or welfare or results in, or is likely to result in, substantial
damage to the environment. Within five calendar days after the issuance
of the order the governing body shall provide the permittee an opportunity
to be heard and to present evidence that the allegedly dangerous condition
or activity is not likely to result in substantial damage to the environment
and does not present an imminent danger to public health, safety,
or welfare. After the hearing, the governing body shall make a final
determination.
[Ord. No. 89-2, § 11]
If the governing body finds that a holder of a permit issued under subsection 21-2.3 of this section has violated a provision or condition of his permit or a rule or regulation adopted pursuant to this section, the governing body may declare the surety bond filed to guarantee compliance forfeited. The governing body shall certify the forfeiture to the Township Attorney who shall proceed to collect the amount thereof, and forward it to the governing body.
[Ord. No. 89-2, § 12]
A holder of a permit issued under subsection 21-2.3 of this section shall restore, or cause to be restored, the land surface within the area disturbed in siting in accordance with a plan approved by the governing body.
[Ord. No. 89-2, § 13]
If the governing body requires more information from the person
during the six-month period, the proposed release data may be postponed
by order of the governing body, as necessary, pending further action
or investigation of the governing body. A person shall not release
any genetically engineered microorganism into the outdoor environment
of this Township if the release is not approved by the governing body.
[Ord. No. 89-2, § 14]
A person who violated this section is liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.
In addition to the penalties provided above, if a person violates
this section, or if the Township Attorney has reason to believe that
a person is about to violate this section, the Township Attorney may
seek injunctive relief to prohibit and prevent the violation.
[Ord. No. 93-18, § I]
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq.,
The Home Rule Act which directs municipalities to act to provide for
the health, welfare and safety of its citizens.
[Ord. No. 93-18, § I]
Shall mean the Township of Millstone.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into any waters which
flow within the jurisdiction of this Township or any land within the
jurisdiction of this Township.
Shall mean any items used to extinguish or prevent any hazardous
material fire, or stop or contain any leak, release or spill involving
any hazardous material, which cannot be reused or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to, fire fighting foam, chemical extinguishing
agents, absorbent materials, sand, recovery drums, and any protective
equipment and clothing to include, but not restricted to chemical
protective suits, chemical protective gloves, goggles, and any other
item owned or controlled by the Township of Millstone.
Shall mean any material, solid, liquid or gas, listed as
such under N.F.P.A. Guide of Hazardous Materials, the Department of
Transportation Guide Book, the list of hazardous substances adopted
by the Federal Environmental Protection Agency (EPA), pursuant to
Section 311 of the Federal Water Pollution Control Act Amendment of
1972, as amended by the Clean Water Act of 1977 (33 U.S.C., 1251,
et seq.), and the list of toxic pollutants designated by Congress
or the EPA, pursuant to Section 307 of the Federal Water Pollution
Control Act, any hospital or medical waste, including but not limited
to syringes, bandages and discarded pharmaceutical products, and any
material warranting removal or cleanup in the opinion of the Millstone
Township Office of Emergency Management.
Shall mean and include the Township of Millstone's employees,
agents, officers, officials and supporting units as directed by the
Office of Emergency Management.
Shall mean 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 trains.
Shall mean any container, drum, box cylinder or tank used
to hold or contain or carry or store any hazardous materials, whether
or not said container was manufactured for the containment of a hazardous
material.
[Ord. No. 93-18, § I]
This section provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Township of Millstone, 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 a fire, leak, release or spill or where the potential
thereof exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses
incurred by the Township of Millstone for the wages (regular or overtime)
paid to its employees, agents, or servants as a result of an incident
involving a hazardous material, fire, leak, release, or spill of a
hazardous material and for the costs of medical and hospital treatment
for injuries incurred by agents, servants and employees of the Township
of Millstone.
This section also provides for a penalty for the violation of
the section for either committing a spill or for failure to report
the same.
[Ord. No. 93-18, § I]
a.
The discharge of hazardous substances is prohibited. This section
shall not apply to discharge of hazardous substances to and in compliance
with the conditions of a Federal or State permit.
b.
Any person who may be subject to liability for a discharge, or become
aware of a discharge which occurred prior to or after the effective
date of this section shall immediately notify the Township of Millstone,
Office of Emergency Management.
c.
Whenever any hazardous substance is discharged, the Township may
in their discretion act to remove or arrange for the removal of such
discharge.
d.
Any person who has discharged a hazardous substance, or who has failed
to report a discharge or who is in any way responsible for any hazardous
substance 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 and shall be liable for the wages
(regular and overtime) paid and the costs of medical and hospital
treatment for injuries incurred by the agents, servants and employees
of the Township.
[Ord. No. 93-18, § I]
Reimbursement to the Township for expendable items used shall
be made by the owner or operator of the vehicle responsible for the
hazardous material fire, leak or spill of hazardous material; the
owner or person responsible for the vessel containing the hazardous
material involved in such fire, leak or spill on public or private
property, whether stationary or in transit and whether accidental
or through negligence; the owner or person responsible for any property
from which any leak or spill of hazardous material emanates, whether
accidental or through negligence and the person responsible for the
hazardous material fire, leak or spill of hazardous material on public
or private property whether accidental or through negligence.
[Ord. No. 93-18, § I]
Any person causing any hazardous material fire, leak, spill
or release involving a hazardous material must provide reimbursement
for services rendered by any recovery company, towing company or any
other technical assistance called for by the Township to handle such
incident. In the event of a vehicle having been responsible for an
incident, such vehicle shall be impounded until such time as it has
been deemed safe to proceed by the responsible official in conjunction
and cooperation with the Township of Millstone, and until such time
as arrangements have been made to reimburse the Township and the towing
company for their expenditure under the terms of this section.
[Ord. No. 93-18, § I]
The person or entity responsible for any fire, leak or spill
of hazardous material shall reimburse the Township the full price
of expendable items and costs used to extinguish such fire, or to
stop or contain such leak or to control such spill within 45 days
after receipt of a bill thereof. The collecting agency shall utilize
its best efforts to collect costs hereunder and shall reimburse its
agents or the local units of amounts collected. In the event that
the collecting agency is not able to collect said costs or only a
portion thereof, the collecting agency shall not be responsible to
its agents or the local units for the full amount of same.
[Ord. No. 93-18, § I]
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Township within the time required, shall be subject to a fine in accordance with Section 1-5 hereof.
