[HISTORY: Adopted by the Township Committee
of the Township of Hampton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 13.
[Adopted 7-29-1980[1]]
This article shall be known and may be cited
as the "Hazardous Waste Management Ordinance of Hampton Township."
It is hereby declared to be the purpose of this
article to regulate the storage, collection, generation, production,
disposal, processing, burning, dumping and spilling of hazardous wastes
in order to protect the public safety, health and welfare and to enhance
the environment of the people of the Township of Hampton.
As used in this article, the following terms
shall have the meanings indicated:
A material, normally generated by or used in chemical, petrochemical,
plastic, pharmaceutical, biochemical or microbiological manufacturing
processes, which has been selected for waste disposal and which is
known to hydrolize, ionize or decompose, which is soluble, burns or
oxidizes or which may react with any of the waste materials which
are introduced into the landfill or which is buoyant on water or which
has a viscosity less than that of water or which produces a foul odor.
Chemical waste may be either hazardous or nonhazardous.
The New Jersey Department of Environmental Protection.
The storage, treatment, utilization, processing or final
disposition of hazardous waste.
Nonliquid waste materials which are inherently dangerous
to handle or dispose of. Included in this category are waste materials
which are toxic, corrosive, irritating or sensitizing, biologically
infectious, explosive or flammable.
Nonliquid material, normally generated by or used in chemical,
petrochemical, plastic, pharmaceutical, biochemical or microbiological
manufacturing processes, that is not included in the dry hazardous
waste category.
A land site at which solid waste is disposed of in a manner
which does not protect the environment, is susceptible to open burning
or is exposed to the elements, vectors and scavengers.
The agency or agencies of this municipality charged with
the enforcement of those aspects of this article related to the protection
of the public safety, health, welfare and environment.
Any waste or combination of waste which poses a present or
potential threat to human health, living organisms or the environment.
It shall include waste material that is toxic, corrosive, irritating
or sensitizing, radioactive, biologically infectious, explosive or
flammable. It includes but need not be limited to those materials
and concentrations of materials that are determined to be toxic by
the Federal Secretary of Health, Education and Welfare pursuant to
Section 20(6) of the Occupational Safety and Health Act of 1970 (Public
Law 91-596) (OSHA) and those materials listed in the current Part
172, Title 49 of the Code of Federal Regulations issued by the Federal
Department of Transportation.
The controlled process by which solid, liquid or gaseous
combustible wastes are burned and changed into gases, and the residue
produced contains little or no combustible material.
An engineered apparatus used to burn waste substances and
in which all the factors of combustion (temperature, retention line,
turbulence and combustion air) can be controlled.
Liquid that has been in contact with solid waste and contains
dissolved or suspended materials from that solid waste.
Free-flowing material normally generated by or used in chemical,
petrochemical, plastic, pharmaceutical, biochemical or microbiological
manufacturing processes. This material is known to hydrolize, ionize
or decompose, is soluble, burns or oxidizes or may react with any
of the waste materials which are introduced into the landfill or produces
a foul odor. Not included is any liquid hazardous waste.
Free-flowing material which is inherently dangerous to handle
or dispose of. Included in this category are waste materials which
are toxic, corrosive, irritating or sensitizing, biologically infectious,
explosive or flammable.
Any fire whose products of combustion are emitted directly
into the open air and are not directed thereto through the stack or
chimney of an incinerator.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company or any political subdivision
of this state or any agency or instrumentality thereof.
Any method, system or other treatment designed to change
the physical form or chemical content of solid waste.
Any waste liable to enter into a state of putrefaction, the
typically anaerobic splitting of proteins by bacteria and fungi with
the formation of foul-smelling, incompletely oxidized products.
The interim containment of waste after generation and prior
to disposal.
Useless, unwanted or discarded solid, semiliquid or liquid
material.
It shall be unlawful for any person within any
zone within this Township to engage in or continue to engage in the
storage, collection, generation or production or processing, disposal,
dumping, burning or incineration of dry or liquid hazardous wastes,
as defined in this article.
The provisions of this article shall not apply
to any person who has received an appropriate permit from the Department
for the purpose or purposes of generating, producing, collecting,
storing, disposing, processing, dumping, burning and spilling of hazardous
wastes.
The Zoning Officer or Health Officer of the
Township of Hampton shall be responsible for the enforcement of those
aspects related to the protection of the public safety, health, welfare
and environment of this article.
Any person who violates or neglects to comply
with any provision of this article or notice issued pursuant hereto
shall, upon conviction, pay a penalty of not less than $200 nor more
than $500 for each violation, and, for a continuing violation, each
calendar day on which the violation continues shall constitute a separate
offense.
Nothing in this article shall be deemed to affect,
modify, amend or repeal any provisions of an ordinance administered
by any department, board, commission or agency of this locality.
[Adopted 7-26-2011 by Ord. No. 2011-07[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
71 but was redesignated for organizational purposes.
A.
The Hampton Township Fire Rescue Department is authorized, but not
required, to mitigate the effects of any hazardous material unlawfully
released, discharged or deposited upon or into any property or facilities
within the Township. The following described persons shall be jointly
and severally liable to the Township for payment of all costs incurred
by the Township as a result of such mitigation activity:
(1)
The person or persons whose negligent or willful act or omission
proximately caused such release, discharge, or deposit;
(2)
The person or persons who owned or had custody or control of the
hazardous substance or waste at the time of such release, discharge,
or deposit, without regard to fault or proximate cause;
(3)
The person or persons who owned or had custody or control of the
container which held such hazardous waste or substance at the time
of or immediately prior to such release, discharge, or deposit, without
regard to fault of proximate cause; and,
(4)
The person or persons who owned or controlled the land on which the
hazardous material was deposited or from which the hazardous material
was released or discharged.
B.
In the event that any person undertakes, either voluntarily or upon order or a Township official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged, or deposited upon or into any property or facilities with the Township, the Township may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The person described in Subsection A(1) of this section shall be liable to the Township for all costs incurred as a result of such supervision or verification.
C.
For purposes of this section, "hazardous material" means any material
that, because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to
human health and safety or to the environment if released into the
workplace or the environment.
D.
For purposes of this section, costs incurred by the Township shall
include, but shall not necessarily be limited to, the following; actual
labor costs of Township personnel, including benefits and administrative
overhead; cost of equipment operation; cost of any contract labor
and material.
E.
The remedies provided in this section shall be in addition to any
other remedies provided by the law.
F.
The authority to recover costs under this section shall not include
actual fire suppression services which are normally or usually provided
by the Fire Department.
