[Adopted 12-29-1983 by Ord.
No. 5-1983]
A.
ENVIRONMENTALLY SENSITIVE AREA(S)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
LOCATE
PERSON
POLYCHLORINATED BIPHENYLS (PCB's)
STORAGE
Definitions. As used in this article, the following terms
shall have the meanings indicated:
Any of the following:
A riverine flood hazard area delineated by the New Jersey Department
of Environmental Protection pursuant to the State Flood Hazard Area Control
Act, N.J.S.A. 58:16A-50 et seq., or the one-hundred-year flood hazard area
identified under the flood insurance studies prepared for the Federal Emergency
Management Agency or in other areas shown to be within the area subject to
inundation by the one-hundred-year design flood of a nondelineated stream
as determined pursuant to N.J.S.A. 58:16A-55.2.
A coastal flood hazard area identified by the Federal Emergency Management
Agency or delineated by the New Jersey Department of Environmental Protection,
or, if not delineated, areas at elevations of less than 12 feet above mean
sea level in the coastal floodplain.
The upstream portion of the watershed draining to an on-stream reservoir.
Those watershed areas that drain directly into an off-stream reservoir.
The watersheds for waters classified by the New Jersey Department of
Environmental Protection as FW-1 waters or FW-2 trout production waters in
the surface water quality standards, N.J.S.A. 7:9-4 et seq.
Wetland areas inundated by surface or ground water with a frequency
to support, under normal circumstances, a prevalence of vegetative or aquatic
life that requires saturated or seasonally saturated soil conditions for growth
and reproduction.
Areas where the location of PCB's would adversely affect a habitat of
an endangered or threatened wildlife or vegetative species as defined by the
New Jersey Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1
et seq., or the Federal Endangered Species Act of 1973, P.L. 93-205, unless
a habitat adequate to assure the survival of the species within the region
surrounding or on the site is preserved.
Areas designated as wild, scenic, recreational or developed recreational
areas pursuant to the National Wild and Scenic Rivers Act, 16 U.S.C.A. 1271
et seq., or the New Jersey Wild and Scenic River Act, N.J.S.A. 13:8-45 et
seq.
Lands in municipally approved farmland preservation programs or lands
which have been dedicated to agricultural use by the purchase of their development
rights pursuant to the provisions of the Farmland Preservation Bond Act, P.L.
1981, c. 276, or equivalent independent county/municipal programs.
Areas within 6.25 miles [10 kilometers] of any mandatory Federal Class
I Prevention of Significant Deterioration of Air Quality area.
Areas where the groundwater travel time within the uppermost saturated
unit from the proposed PCB containment structure to the site boundary or to
a surface water body within the site boundary is less than 10 years.
Areas within one mile of a water supply well or well field producing
over 100,000 gallons per day unless it may be demonstrated to the satisfaction
of the New Jersey Department of Environmental Protection and the Gloucester
County Health Department that the natural hydrologic barriers isolate the
site from the aquifer being pumped.
In the case of partially in-ground facilities, areas where the depth
to the seasonally high-water level in the uppermost saturated unit will rise
to within five feet of the proposed PCB containment structure.
In the event of wholly aboveground facilities, areas where the depth
to the seasonally high-water level in the uppermost saturated unit will rise
to within one foot of the ground surface.
Place, store, site or situate, on a temporary, recurrent or repeated
basis, for purposes of storage and/or accumulation and/or disposal.
An individual, trust, firm, joint-stock company, corporation (including
a government corporation), partnership, association, state, municipality,
commission, political subdivision of a state or any interstate body.
Any chemical substance that is limited to the biphenyl molecule that
has been chlorinated to varying degrees, or any combination of substances
or mixture which contains chlorinated biphenyl molecules in concentrations
of greater than 50 parts per million.
The holding of PCB's for a temporary period, at the end of which
the PCB's are treated, disposed of or stored elsewhere.
B.
Word usage. Unless the context requires otherwise, words
and phrases used within this article shall have the meaning ascribed to them
in N.J.A.C. 7:26-13.6.
No person shall locate PCB's in any environmentally sensitive area in
Logan Township, Gloucester County, New Jersey.
A.
Enforcement officers. This Article shall be enforced
by the Logan Township Board of Health or the Police Department of Logan Township
or the Logan Township Zoning Administrator, as the case may be.
B.
Violations and penalties. Any person who violates the
provisions of this article shall be liable to a penalty of not more than $1,000
or a term of imprisonment not exceeding 90 days. The penalty, if not paid
by the violator, may be collected in a civil action commenced in the Superior
Court, County District Court or Logan Township Municipal Court. If the violation
is of a continuing nature, each day during which it continues after the date
given by which the violation must be eliminated in accordance with the order
of the enforcement officer shall constitute an additional, separate and distinct
offense.
[Amended 12-7-1985 by Ord.
No. 8-1985]
C.
Additional enforcement powers. In case any building or
structure is erected, constructed, altered, repaired, converted or maintained,
or any building or structure or land is used, in violation of this article,
the proper township authorities, including the Logan Township Board of Health,
Logan Township Police Department and Logan Township Zoning Administrator,
and any interested party as defined by N.J.S.A. 40:55D-4, in addition to other
remedies, may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, or to restrain, correct or abate such violation, or to
prevent the occupancy of said building, structure or land, or to prevent any
illegal act, conduct, business or use in or about such premises.
The legislative history supporting this article includes the following
documents, which shall remain on file, with the original copy of this article,
in the Logan Township Clerk's office:
A.
United States Geological Survey — Water
Resource Investigation 82-36.
B.
United States Environmental Protection Agency consultant
reports, findings and related documents, Bridgeport Rental & Oil Services,
Inc.
C.
December 2, 1983, Administrative Consent Order and Agreement
"In the Matter of Monsanto Company."
D.
Work Plan — Rollins Environmental Assessment,
prepared by New Jersey Department of Environmental Protection and REAAG, April
1980.
E.
Eustace A. Dixon, "New Jersey: Environment and Cancer,"
Eureka Publications, P.O. Box 372, Mantua, New Jersey (1982).
F.
Region II EPA Technical Assistance Panels Program Report
Work Assignment No. 9, Control No. 68-01-6002 (April 1981) Batelle, Columbus
Division, Columbus, Ohio.
G.
January 16, 1981, New Jersey Department of Environmental
Protection's denial of Matlack, Inc. Discharge Permit Application, NPDES,
NJO028398.
H.
C.E. Ashby, Jr., "Yesterday, Today and Tomorrow," Rollins
Environmental Services, Inc., Logan Township, Gloucester County, New Jersey.
I.
NJDEP Groundwater Study, Logan Township, Gloucester County,
New Jersey.
