[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-15-1990 by Ord. No. 1898]
For the purpose of this article, the following
definitions shall apply:
Any container, carton, box, cup, lid, plate, bowl, tray or
wrapping of any kind which is or may be used to contain, package,
store, insulate or serve any food and/or beverage, where any CFC has
been used in the manufacturing and production of such item.
The family of substances containing carbon, fluorine and
chlorine and having no hydrogen atoms and no double bonds and which
includes, without limitation, CFC-11, CFC-12, CFC-113, CFC-114 and
CFC-115. Examples of products containing or utilizing chlorofluorocarbons
are Freon, used in air-conditioning and refrigeration units, degreasers
and solvents used in the cleaning of metals and electronic components
and rigid and flexible foam used as packaging material and insulating
material, and flexible foam used in car seats, bedding and furniture.
Any domestic or foreign corporation, firm, association, syndicate,
joint-stock company, partnership of any kind, joint venture, club,
common-law trust, society or individual engaged in any profession,
trade, occupation and any and every kind of calling carried on for
profit or otherwise within the town, including any governmental entity
or charitable organization.
Any fully halogenated carbon compound containing bromine,
chlorine or fluorine, and includes, without limitation, Halon-1301,
Halon-1211 and Halon-2402.
Any health-care facility licensed either by the State of
New Jersey Department of Health, pursuant to the provisions of the
Health and Safety Code, or by the United States Department of Health
and Human Services.
The Town Council of the Town of West New York.
Any CFC, Halon, the chemical compounds of methyl chloroform
and carbon tetrachloride or any other chemical compound hereafter
designated by the Mayor and Board of Commissioners by amendment to
this article as being an "ozone-depleting compound."
Includes any natural person, firm, associations, partnership
or corporation, whether acting as a principal agent, employee or otherwise,
and includes any governmental entity or charitable organization.
Any rigid or flexible foam, such as Styrofoam or thermoplastic
foam, building insulation or any other rigid or flexible foam that
contains within any closed cell any ozone-depleting compound or that
was produced by using an ozone-depleting compound in any manner during
the manufacturing process.
All territory within the corporate limits of the Town of
West New York, County of Hudson, State of New Jersey.
A.
Within the Town of West New York, no person shall
use any ozone-depleting compound in any process or activity involving
the manufacture, production, cleansing, degreasing or sterilization
of any substance or product, except as otherwise provided in this
section.
B.
Within the Town of West New York, no establishment
shall package any product with rigid or flexible foam containing or
utilizing an ozone-depleting compound, except as otherwise provided
in this section.
C.
Within the Town of West New York, no establishment
shall purchase, obtain, store, sell, distribute or otherwise provide
to any person any CFC food packaging materials, except as otherwise
provided in this section.
D.
Exemptions.
(1)
This section shall not apply to the study and/or research
of the effects of the release of ozone-depleting compounds into the
environment and/or the development of alternative technologies, where
such compounds are necessary for conducting such study and research.
(2)
This section shall not apply to any ozone-depleting
compound used as a coolant in any refrigeration or air-conditioning
unit or system.
(3)
Subsection A of this section shall not apply to any licensed health-care facility operated either for profit or not for profit, including any medical research conducted at such facility.
(4)
This section shall not apply to any person manufacturing
a product or component product under contract with any branch of the
United States Armed Forces where applicable military specifications
require the use of an ozone-depleting compound.
In the construction of any building or structure
(commercial, industrial, residential or other), no person shall install
any building insulation which contains or utilizes an ozone-depleting
compound.
No person shall erect, construct, enlarge, alter,
repair, move, improve, remove, convert, renovate or demolish any building
or structure which requires removal of existing insulation that contains
an ozone-depleting compound without recovering and properly disposing
of such insulation in accordance with the procedures adopted by the
Director of Public Safety or his designee.
All establishments that repair, service or maintain
any refrigeration or air-conditioning unit or system shall adopt and
implement a recycling system whereby the ozone-depleting compound
used as a coolant in such refrigeration or air-conditioning unit or
system will not be released into the environment, but will be recaptured
and recycled in accordance with a recycling system approved by the
Director of Public Safety or his designee. Such approval shall be
evidenced by a certificate issued by the Director of Public Safety
or his designee.
No person shall sell any ozone-depleting compound
for use as a coolant in a refrigeration or air-conditioning unit or
system to any person who does not possess and provide evidence of
a certificate of possession and operation of a recycling system.
No recycling firm, scrap yard, business or establishment
which recycles or disposes of any refrigeration or air-conditioning
unit or system, either in conjunction with the disposal of another
product or in any other manner, shall do so without first recapturing
and recycling any ozone-depleting compound used as a coolant in said
unit or system, or without first ensuring that such coolant will be
recaptured and recycled, in accordance with a recycling program approved
by the Director of Public Safety or his designee.
Other than testing or training as may be required
by any statute, rule or regulation mandating the release of Halon,
no person shall release Halon in the training of personnel or in the
testing of any fire-extinguishing system unless the owner or lessee
of the premises has obtained a testing permit from the Fire Prevention
Bureau. The fee shall be $25 per unit tested.
All establishments that repair, service or perform
maintenance on any portable fire-extinguishing system or unit shall
adopt and implement a reclamation system whereby any Halons used as
the extinguishing agent in any such system or unit shall not be released
into the environment, but shall be recaptured and recycled or properly
disposed of in accordance with a reclamation system approved by the
Director of Public Safety or his designee.
The Director of Public Safety or his designee
shall oversee and be responsible for the enforcement and administration
of this article; establishing rules and regulations governing the
recycling of ozone-depleting compounds from refrigeration and/or air-conditioning
units or systems; providing informational assistance to persons seeking
to implement a recycling program for ozone-depleting compounds used
in air-conditioning and refrigeration systems; creating and implementing
an educational program to provide information to local establishments,
industry and residents regarding the dangers and hazards associated
with products made from or utilizing ozone-depleting compounds; establishing
a program to encourage the development of alternative chemicals and
technologies to replace the use of ozone-depleting compounds in existing
products; consulting and cooperating with other local, state and federal
governmental agencies regarding the regulation of ozone-depleting
compounds and other matters affecting the environment and the health,
safety and general welfare of the public; such other duties and responsibilities
as may be directed. Upon a showing by any person that no technically
feasible alternative for such use of an ozone-depleting compound is
currently available, the Director of Public Safety or his designee,
upon finding that there is no technically feasible alternative for
such use, may grant an exemption from any section or subsection of
this Article. The Director of Public Safety or his designee is authorized
to draft regulations and to take any and all actions reasonable and
necessary to enforce this article, including but not limited to inspection
of any establishments premises to verify compliance with this article.
The Mayor and Board of Commissioners hereby
establishes the Science Advisory Committee for the purpose of assisting
and providing information to the Director of Public Safety or his
designee concerning the effects of ozone-depleting compounds and other
matters regarding the environment and the health, safety and general
welfare of the public. The Director of Public Safety or his designee
shall nominate individuals to serve as members of the Science Advisory
Committee. Thereafter such nominees shall be approved by the Mayor
and Board of Commissioners. The Director of Public Safety or designee
shall serve as chairperson of the Committee and shall formulate policies
and procedures to govern the operations of the Committee. The number
of persons serving on said Committee shall be four with the term of
appointment being two years.
This article shall be enforced by the Director
of Public Safety or his designee, the Health Officer and all of his
inspectors, the Construction Official and his inspectors, all law
enforcement officers and all investigators, Alcoholic Beverage Control
of the Police Department, all Fire Inspectors and all employees so
authorized and empowered to enforce this article by the Director of
Public Safety or his designee.
Any person found guilty of violating any provision
of this article shall be punished by a fine not exceeding $1,000.
Each violation and each day a violation is committed or permitted
to continue shall constitute a separate violation and shall be punishable
as such.
