Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 3-26-1985 by Ord. No. 85-46; amended in its entirety 8-16-1988 by Ord. No. 88-59. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 111.
Radioactive waste — See Ch. 161.
Public health nuisances — See Ch. 228.

§ 197-1 Testing required.

[Amended 3-6-1990 by Ord. No. 90-19]
The owner or occupant of any land within the Township of Stafford upon which there is installed or located any tank above ground with a storage capacity in excess of 1,000 gallons, but less than 400,000 gallons, used for the storage or holding of any liquid substance defined in § 197-2 shall cause said tank and all connecting piping to be tested for leakage no later than one year from the effective date of this chapter and thereafter at least once every calendar year.

§ 197-2 Applicability.

[Amended 7-11-1989 by Ord. No. 89-46]
This chapter shall apply to the storage of all liquid substances toxic to the public water supply and shall include but shall not be limited to gasoline, oil, kerosene, crankcase drainage, acids, petrochemicals, pesticides and all other hydrocarbons and hazardous chemical substances not recommended for human consumption. In the Pinelands area, no toxic waste shall be stored in accordance with the provisions of § 211-9G(8)(d) of the Stafford Township Code.

§ 197-3 Leakage; declaration of nuisance.

A. 
In the event that the results of any such tests reveal a leakage, the owner or occupant of the land upon which said tank is located shall remove all of the liquid in said tank and shall cease to operate said tank until the tank is either replaced or repaired to correct the leakage.
B. 
Any tank which must be repaired to correct a leakage shall not be put into operation until a further test of said tank, after the repairs are made, reveals that there are no leaks. Proof that said tank has no leaks shall be submitted in the form of a certification or affidavit setting forth the dates of the tests and the results thereof to the Township Engineer.
[Amended 3-6-1990 by Ord. No. 90-19]
C. 
The Township Engineer may, in the event that there is reason to believe that there is a leak in any underground or aboveground tank, order that a test be made of that tank forthwith. Any underground or aboveground tank determined to be leaking shall and is hereby declared to be a nuisance to the Township health and water supply.
[Amended 3-6-1990 by Ord. No. 90-19]

§ 197-4 Licensing provisions.

[Amended 3-6-1990 by Ord. No. 90-19]
All owners or occupants of any land within the Township of Stafford upon which there is installed or located an aboveground tank in excess of 1,000 gallons, but less than 400,000 gallons, as defined in this chapter, shall be required to obtain a license for the privilege of maintaining or operating said tank.
A. 
The license shall be issued by the Township of Stafford Zoning Officer only upon compliance with the terms and conditions of this chapter and upon payment of the license fee of $75.
B. 
The license shall be nontransferable and shall be conspicuously displayed in the premises or be produced upon request to the enforcing authority, which shall be the Township of Stafford Zoning Officer. Failure to comply with the terms and conditions of this chapter shall be grounds for the revocation of said license and will prohibit said owner or occupant of any land within the Township of Stafford to maintain or operate said tank.
C. 
The license application shall set forth the size and exact location of the subject tank, the exact substance it contains and the date of original installation to the best of the licensee's knowledge. Said license shall automatically terminate upon any change in the contents of said tank unless the holder of said license shall provide the Township of Stafford with an exact description of the new substance it contains.

§ 197-5 (Reserved) [1]

[1]
Editor's Note: Former § 197-5, New installations, was repealed 3-6-1990 by Ord. No. 90-19.

§ 197-6 Installation of new aboveground tanks.

A. 
"Aboveground tanks" are all tanks that are not fully below the finish grade level.
B. 
Location. All aboveground tanks in excess of 1,000 gallons, but less than 400,000 gallons, shall be so located with respect to any existing structure so that the loads expected by the tank will not undermine the existing structure. All aboveground storage tanks in excess of 1,000 gallons storing toxic substances as outlined in § 197-2 shall be not less than five feet from the nearest wall of any existing structure.
[Amended 3-6-1990 by Ord. No. 90-19]
C. 
Construction of tank. All storage tanks shall be so constructed to meet or exceed all state and federal requirements for such structures. Storage tanks shall be constructed of steel or fiberglass or other recognized material in accordance with the requirements of the National Board of Fire Underwriters (Underwriters Laboratories). All tanks are to have a suitable coating to prevent deterioration by the elements. Installation and construction standards are as set forth by the Township of Stafford and shall include the construction standards set forth in the BOCA Code.
[Amended 3-6-1990 by Ord. No. 90-19]
D. 
Rules on aboveground tanks are as follows:
(1) 
Aboveground bulk storage tank installation shall be provided with an adequate means of secondary containment, designed and built in accordance with good engineering practice, capable of effectively holding the entire contents of the largest single tank contained and having sufficient additional capacity to accommodate accumulated precipitation and to provide a reasonable margin of safety in the event of a tank failure.
(2) 
The secondary containment system shall conform to the standards set forth in N.J.A.C. 7:1E-4.7 and 40 CFR 112, where applicable.
(3) 
The area beneath bulk storage tank shall be made of or surfaced with a material sufficiently impermeable to passage and/or chemical attack by the stored substances so as to prevent passage into groundwater by the substances under the conditions of storage prevailing within the tank. Existing bulk storage tanks shall be exempted from this requirement until such time as they may require substantial reconstruction or replacement in the normal course of use.
(4) 
Pipes leading to and from aboveground tanks which enter the tank below the liquid level shall be equipped with valves sufficiently close to the tank so that they can prevent the contents of the tank from escaping outside the secondary containment area in the event of a pipe rupture outside the containment area.
(5) 
Aboveground tanks shall be subjected to periodic integrity testing on a schedule which shall take into account the material of which the tank is constructed, the substances stored therein, soil conditions and other circumstances which affect tank life and probability of leakage. Testing techniques shall take into account tank design. Acceptable methods include hydrostatic or other liquid pressure testing, visual inspection or a system or nondestructive shell thickness testing. Where the last system is used, comparison records of shell thickness reduction shall be maintained throughout the life of the tank. Tank supports and foundations shall be inspected as well.
E. 
Testing. No new tanks for the storage of substances covered under this chapter shall be installed or operated unless the tanks are certified and tested for nonleakage in accordance with this chapter and said certification or affidavit, as set forth in § 197-3, has been submitted to the Township of Stafford Zoning Officer showing that there are no leaks in the tank.
[Amended 3-6-1990 by Ord. No. 90-19]
F. 
License. Upon compliance with all sections of this chapter and the payment of $75, a license shall be issued for the maintenance and operation of each new tank.
G. 
Inspections. All inspections shall be made under the authority of the Stafford Township Zoning Officer and shall be made by the Township Zoning Officer or Township Engineer.
[Amended 3-6-1990 by Ord. No. 90-19]

§ 197-7 Abandoned tanks; removal.

[Amended 3-4-2003 by Ord. No. 2003-31]
A. 
All tanks in excess of 1,000 gallons taken out of service or abandoned shall be safeguarded or disposed of in a safe manner. All abandoned tanks and connecting pipelines shall be completely drained of their contents, and a certified report setting forth the tank size, location, date of abandonment and method used for placing the abandoned tank in a safe condition shall be submitted to the Township within 10 days of the date of abandonment. Abandoned tanks shall be removed from their location.
B. 
When tanks are temporarily taken out of service for a period of more than 30 days, a certified report shall be submitted to the Township, setting forth the planned temporary abandonment and proposed safeguarding procedures. No temporary abandonment shall exceed a period of six months, except that the Township may grant a six-month extension if requested by the owner, in writing, prior thereto. Any owner or occupant of any land upon which an abandoned tank is located who fails to comply with these safeguarding procedures shall immediately remove said tank at his own expense. No abandoned tank shall be returned to service without first being tested for leakage in accordance with this chapter.

§ 197-8 Required records to be kept.

[Amended 3-4-2003 by Ord. No. 2003-31]
Accurate daily inventory records shall be maintained and reconciled on all storage tanks in excess of 1,000 gallons for indication of possible leakage of tanks or piping. The records shall be kept at the premises, available for inspection by the enforcing authority, and shall include, as a minimum, records showing by-products and daily reconciliation between sales, use, receipts and inventory on hand. If there is more than one system consisting of a tank(s) serving a separate pump(s) or dispenser(s) for any product, a reconciliation shall be maintained separately for each tank system. The Township of Stafford shall make periodic inspections of all tanks in excess of 1,000 gallons so as to require compliance with this chapter.

§ 197-9 Method of testing.

A. 
Testing shall be performed with a device and method approved by the Environmental Protection Agency or Department of Environmental Protection for the testing for leakage of all tanks in excess of 1,000 gallons as set forth in this chapter. Testing shall be performed by a reputable and certified testing company or person. The fee for this inspection will be established on a yearly basis. Said fee will be paid directly to the inspection company authorized to make the required inspections of such tanks in Stafford Township.
B. 
In the event that no method for testing above- and below-ground tanks has been approved by either the Environmental Protection Agency or the Department of Environmental Protection, then the tank shall be tested in accordance with the procedures set up by one of the following; the American Petroleum Institute, the American Society for Testing and Materials and the National Fire Protection Agency.

§ 197-10 Violations and penalties.

[Amended 2-21-1989 by Ord. No. 89-22]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.