Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 4-1-1985 by Ord. No. 5-85 (Ch. 63 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 20.
Board of Health — See Ch. 25.
Uniform construction codes — See Ch. 90.
Fire prevention — See Ch. 106.
Public health nuisances — See Ch. 223.

§ 118-1 Findings.

The groundwater underlying the Borough of Mendham is the sole source of its existing and future potable water supply. Accidental spills or discharge of petroleum products, such as gasoline and benzene and other toxic and hazardous materials, could threaten the quality of such groundwater supplies, posing potential public health and safety hazards and threatening economic losses to the community. Unless preventive measures are adopted to prohibit discharge of toxic and hazardous materials and to control their storage, further spills or discharge of such materials could predictably occur with greater frequency and degree of hazard by reason of increased construction, development, population and traffic. The feasibility of restoring an acceptable quality of groundwater, once contaminated, to a safe potable condition is highly doubtful, except over a long period of time and at high cost.

§ 118-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DISCHARGE
The accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of toxic or hazardous materials upon or into any land, water or sanitary or storm sewer in the Borough of Mendham. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site subsurface waste disposal system, dry well, catch basin or landfill and the abandonment of containers, tanks or vehicles containing such materials. The term "discharge," as used and applied herein, does not include the following:
A. 
Proper disposal of any material into a sanitary or industrial landfill which has received and maintained all necessary licensing or legal approvals for that purpose or to state licensed scavengers of toxic or hazardous materials. (N.J.S.A. 13:1D-9k; N.J.A.C. 7:26-2.1 et seq.; N.J.A.C. 7:26-3.1)
B. 
Application of fertilizers and pesticides in accordance with label recommendation and state regulations. (N.J.S.A. 13:1F-1 et seq.; N.J.A.C. 7:30-1.1 et seq.)
C. 
Application of road salts in conformance with a state or county program of snow and ice control.
D. 
Disposal of sanitary sewage to a subsurface disposal system. (N.J.S.A. 58:11-23 et seq.; N.J.A.C. 7:9-2.1 et seq.)
STORAGE TANK OR TANK
A container or any portion thereof, installed above and/or below the surface of the ground, in which hazardous substances are stored, except that "storage tank" or "tank" shall not include a tank used to store fuel oil for residential use.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture having such physical, chemical or infectious characteristics as to pose, in the judgment of the Board of Health, a significant or potential hazard to water supplies or human health, if such substances were discharged to land or waters of this community. Included without limitation are organic chemicals, petroleum products, solvents, thinners, acids and alkalis beyond the pH range of 4.0 to 10.0, heavy metals, radioactive or infectious wastes and wastes generated in such activities as motor vehicle or machinery service or repair, dry cleaning, laboratory operation, metal plating, finishing and polishing, pesticide and herbicide application and wood preserving, unless anyone engaged in such activity can demonstrate the absence of toxicity or hazard to the satisfaction of the Board of Health.
VENDOR
Any person owning or operating a place of business from which hazardous substances are dispensed from or stored for sale in a storage tank.

§ 118-3 Prohibited acts.

A. 
The discharge of toxic or hazardous materials upon or into the ground or into any surface or ground waters or into any sanitary or storm sewer systems within the community is prohibited.
B. 
Storage of toxic or hazardous materials is prohibited except in accordance with the standards set forth in this chapter.
C. 
Repairing underground storage tanks is prohibited.

§ 118-4 Storage.

A. 
All storage tanks and appurtenant lines, fixtures and other equipment shall be constructed of materials that meet or exceed the standards contained in and installed in a manner consistent with the State Uniform Construction Code adopted pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
B. 
The owner of any storage tank regulated by this chapter shall, within 60 days following its effective date, provide the following information to the Borough Fire Official:
(1) 
The owner's name, address and telephone number.
(2) 
The number of storage tanks owned and, as to each tank:
(a) 
The type of construction.
(b) 
The capacity in gallons.
(c) 
The product stored therein (if out of service, specify manner of inactivation).
(d) 
If an underground tank, its actual age, if known, or date of transfer.
C. 
Each vendor shall maintain a daily inventory control ledger, by product. Such ledger shall reconcile inventories, receipts and disposals through metered devices and shall, on a cumulative basis, indicate aggregate gains and/or losses. The vendor shall make such ledger available for inspection during normal business hours, upon proper identification, to the Borough Fire Official or Borough Health Officer.
D. 
If at any time the daily inventory maintained by the vendor discloses an unaccountable loss of volume from the underground storage tank, the vendor shall, upon discovery thereof, notify the Borough Fire Official and Borough Health Officer of the occurrence.
E. 
Upon notification by a vendor of an inventory discrepancy, the Borough Fire Official shall promptly conduct an inspection to determine if the disclosed loss of volume represents a leak of the hazardous substances contained in the underground storage tank into the ground or groundwaters, and the Borough Health Officer shall prepare an analysis of the potential threat to public health and safety and to the groundwater resources of the area proximate to the tank.
F. 
Upon finding that the loss of volume represents a leak of hazardous substances, the Borough Fire Official and Borough Health Officer shall take or require the owner of the tank to take all appropriate actions necessary to mitigate the adverse effects of the leak and shall notify or require the owner to notify the New Jersey Department of Environmental Protection. Costs for those actions shall be borne by the owner of the tanks.

§ 118-5 Periodic testing of tank systems.

A. 
Each vendor shall cause a test, by a device known as the "Petro-tite Tank System Tightness Tester (TSTT)" and/or the "Leak Lokator LD-2000," to be conducted by a qualified expert on each tank and appurtenant lines in use according to the following schedule: within six months following the effective date of this chapter, and thereafter, at least once every two years. As an exception to the foregoing schedule, any new facility installed after adoption of this chapter shall be tested upon installation, then during the fifth and 10th year following installation and thereafter at least once every two years. This exception shall not apply, however, unless the new facility meets all of the following conditions:
(1) 
Sight wells shall be installed around the facility and sampled monthly.
(2) 
A monitoring well shall be installed at the facility and sampled monthly.
(3) 
Hydrocarbon detection devices shall be installed and activated as part of the facility.
B. 
The results of each test shall be certified by the testing agency and submitted immediately by the vendor to the Borough Fire Official and the Borough Health Officer.
C. 
If the test results indicate a leak, the Borough Fire Official and the Borough Health Officer shall follow the procedure set forth in § 118-4E and F of this chapter.

§ 118-6 Violations and penalties.

[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]
Any person violating or failing to comply with any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code, in the discretion of the Judge.

§ 118-7 Construal of provisions.

Nothing in this chapter shall be construed to repeal or supplant anything contained in Chapter 106, Fire Prevention, of this Code.