Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Office of Emergency Management — See Ch. 66.
Hazardous materials management — See Ch. 120.
Land use and development regulations — See Ch. 348.
Septic tanks, cesspools and privy vaults — See Ch. 417.
Depositing wastes in waters — See Ch. 442, Art. I.
Waterway control — See Ch. 501.
Dumping — See Ch. 524.
Sewerage connections — See Ch. 572.
Water supplies — See Ch. 589.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Toxic and Hazardous Substances, adopted 6-11-1985 by Ord. No. 2328-85, as amended.

§ 330-1 Declaration of policy.

The designated best use of all groundwaters of Toms River Township is for public and private water supply, and of most surface waters for food production, bathing and recreation. The aquifer below Toms River Township is a sole source for water supply. Therefore, it is hereby declared to be the policy of the Township of Toms River to maintain its water resources as near to their natural condition of purity as reasonably possible for the safeguarding of the public health and, to that end, to require the use of all available practical methods of preventing and controlling water pollution from toxic and hazardous materials.

§ 330-2 Intent and purpose.

It is the intent and purpose of this article to safeguard the water resources of the Township of Toms River from toxic or hazardous materials pollution by controlling or abating pollution from such sources in existence when this article is enacted and also by preventing further pollution from new sources under a program which is consistent with the above-stated declaration of policy.

§ 330-3 Definitions.

Whenever used in this article, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings set forth or indicated:
ABOVEGROUND
When referring to tanks, more than 90% exposed above the final ground elevation.
BULK STORAGE
The loose or bagged storage of dry or semidry materials.
DISCHARGE
To release by any means or to relinquish control in a manner that could result in a release to the surface waters, groundwaters, surface of the ground or below ground. "Discharge" includes but is not necessarily limited to the following, either singly or in any combination:
A. 
Leaks from the failure of a storage facility.
B. 
Spills during transport or transfer of toxic or hazardous materials.
C. 
Disposal or storage of soils, sand or debris containing toxic or hazardous materials.
D. 
Disposal to storm drains, cooling water, roof drains, sanitary systems or any other drainage system or leaching system of toxic or hazardous materials.
E. 
Burial, land-spreading or dumping anywhere of toxic or hazardous materials, including but not limited to landfill and scavenger facilities, notwithstanding that the material so buried, spread or dumped was containerized at the time of said burial, spreading or dumping.
F. 
Passing of toxic or hazardous waste materials to any person.
G. 
Abandonment of containers, tanks, pipes, vehicles or premises containing toxic or hazardous materials or residues. For the purpose of this subsection, "abandonment" shall mean substantially empty and unattended or the relinquishment or termination of possession, ownership or control without full disclosure to the new owner thereof of containers, tanks, pipes, vehicles or premises containing toxic or hazardous materials or residues, whether by vacating or by disposition thereof, and shall not depend on a mere lapse of time.
DOUBLE WALLED
Constructed with more than one containment layer with space between the layers sufficient to allow monitoring of any leakage into or out of the space.
IMPERVIOUS
A layer of natural and/or man-made material of sufficient thickness, density and composition as to prevent the discharge into the underlying groundwater or adjacent surface waters of any toxic or hazardous substances for a period of at least as long as the maximum anticipated time during which the toxic or hazardous substances will be in contact with the material, and sufficient to allow complete recovery of the spilled product with minimum disturbance of the containment material.
NEW JERSEY STATE DISCHARGE STANDARDS
Standards of quality and purity and special standards and groundwater quality standards and effluent standards and/or limitations as found in the New Jersey Revised Statutes and/or the New Jersey Statutes Annotated and/or the State of New Jersey Administrative Code and/or Department of Environmental Protection rules and regulations and/or Code of the United States.
POLLUTION
The presence in the environment of conditions and/or contaminants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas of the Township of Toms River as shall be affected thereby.
PRODUCT-TIGHT
Impervious to the material which is or could be contained therein so as to prevent the detectable seepage of the product through the container. To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the product being contained.
PROPERLY REGISTERED INDUSTRIAL WASTE SCAVENGER
A person in the business of collecting industrial wastes who carries a current, valid industrial waste collector registration issued by the Department of Environmental Protection, State of New Jersey.
SINGLE WALLED
Constructed with walls made of but one thickness of material. Laminated, coated or clad materials shall be considered as "single-walled."
STORAGE FACILITY
Tanks, pipes, vaults, buildings, yards, pavements or fixed containers used or designed to be used, either singly or in any combination thereof, for the storage and/or transmission of toxic or hazardous materials or for the storage of portable containers containing toxic or hazardous materials.
SUBSTANTIAL MODIFICATIONS
The construction of any additions to an existing "storage facility," as defined under this section, or restoration, refurbishment or renovation, which increases or decreases the in-place storage capacity of the facility, alters the physical configuration or impairs or affects the physical integrity of the facility or its monitoring systems.
TOWNSHIP
The Code Enforcement Office or officer of the Township of Toms River.
TOXIC OR HAZARDOUS MATERIALS
Any substance, solution or mixture which, because of its quality, quantity, concentration or physical, chemical or infectious characteristics, or any combination of the foregoing, presents or may present an actual or potential hazard to human health or to the drinking water supply if such substance, solution, mixture or combination thereof is discharged to the land or waters of the Township of Toms River. "Toxic or hazardous materials" shall include:
A. 
Each and every substance, material or waste found listed in either or both of Part 116 and Part 261, Title 40, of the Code of Federal Regulations; or New Jersey Statutes; or New Jersey Administrative Code; or New Jersey Department of Environmental Protection rules and regulations.
B. 
Acids and alkalies beyond the pH range of four to 10.
C. 
Heavy metal sludges, mixtures and solutions in excess of standards.
D. 
Petroleum products, including fuels and waste oils.
E. 
Organic solvents, including petroleum solvents, halogenated and nonhalogenated hydrocarbons.
F. 
Any material listed in State of New Jersey Regulations in excess of the concentration standards thereof, unless otherwise provided elsewhere in this article.
G. 
Any substance not included within Subsections A through F above, subsequently declared to be a toxic or hazardous material by the State of New Jersey.
H. 
Any solid or semisolid material which, if left to stand or if exposed to water, will leach out or wholly or partially dissolve forming a toxic or hazardous material, as defined in Subsections A through G above.
A. 
Toxic or hazardous materials, as defined above, generated by or as the result of operations in or the existence of any manufacturing or other industrial or commercial establishment, which toxic or hazardous materials are not actually used in a final product for sale, and shall include those toxic or hazardous materials retained as by-products of the operations within such manufacturing or other industrial or commercial establishment for the purpose of recouping salvage value.
B. 
Toxic or hazardous materials generated by one in possession or control of any residential premises, for which materials disposal is intended and which waste is not domestic wastewater without the admixture of nonsewage wastewater from any industrial process.
C. 
All toxic and hazardous wastes are toxic and hazardous materials.
UNDERGROUND
When referring to tanks, 10% or more below the final ground elevation.

§ 330-4 Powers of Code Enforcement Officer.

A. 
The Code Enforcement Officer may make or cause to be made any investigation or study which, in his or her opinion, is desirable for enforcing this article or controlling or reducing the potential for contamination of the waters of Toms River Township from toxic or hazardous materials.
B. 
The Code Enforcement Officer may order the owner or any other person in possession or control of any land, structure or equipment, or agent of such owner or other person, to take whatever action is necessary in the opinion of the Township to bring said land, structure or equipment into compliance with the provisions of this article and any standards or regulations promulgated hereunder. Such action may include but is not necessarily limited to the following, either singly or in any combination thereof:
(1) 
Ordering tank testing or the testing of the physical integrity of pipes or any other part of a storage facility or ordering the physical testing of the integrity of an entire storage facility.
(2) 
Ordering the removal of the contents of a tank, portable container, storage facility or any part thereof.
(3) 
Ordering the removal or abandonment or reconstruction of any installation, tank, storage facility or any part thereof installed in contravention of any of the requirements of this article or any standards or regulations promulgated thereunder.
(4) 
Ordering that physical improvements be performed on any tank, storage facility or part thereof before permitting it to be returned to service, including such improvements as tank lining removal and replacement and bottom and structural repairs.
(5) 
Ordering the drafting of and/or implementation of contingency plans if there is evidence that such plans may be necessary to protect the public from toxic or hazardous materials stored at any particular facility.
(6) 
Ordering the posting of a performance bond or other undertaking, either prior to or subsequent to the construction or operation of a storage facility within Toms River Township, on a case-by-case basis if evidence indicates that such may be necessary to protect the public from the effects of operating such a facility.

§ 330-5 Prohibited activities; registration to be maintained on vehicle.

A. 
It shall be unlawful for any person to discharge toxic or hazardous materials in the Township of Toms River unless such discharge is specifically in accordance with State of New Jersey statutes or New Jersey Department of Environmental Protection rules and regulations.
B. 
It shall be unlawful for any person to pick up, transport or dispose of toxic or hazardous waste materials in the Township of Toms River without having a valid and appropriate New Jersey state waste collector registration.
C. 
It shall be unlawful for any industrial waste collector with a registration issued by the State of New Jersey Department of Environmental Protection to fail to maintain a copy thereof on each vehicle operated by said collector at all times.

§ 330-6 Construction and modification permits.

A. 
It shall be unlawful for any person to construct, install or substantially modify a storage facility, or part thereof, without a valid permit therefor issued by or acceptable to the Code Enforcement Officer.
B. 
It shall be unlawful for any person in possession of or acting pursuant to a permit issued under this section to act, allow or cause any act in contravention of any provision of the permit.
C. 
Any permit issued pursuant to this section shall be effective for the specified duration of time indicated thereon, not to exceed one year from the effective date thereof.

§ 330-7 Permits to operate storage facility.

A. 
It shall be unlawful for any person to use, cause to be used, maintain or fill or cause to be filled with toxic or hazardous materials any storage facility or part thereof without having registered all the tanks at the facility on forms provided by the Township of Toms River and without having obtained a valid permit to operate such storage facility or part thereof issued by or acceptable to the Code Enforcement Officer.
B. 
It shall be unlawful for any person in possession of or acting pursuant to a permit issued pursuant to this section to act, permit or cause any act in contravention of any provision of the permit.
C. 
No permit to operate a storage facility, as required pursuant to this section, shall be issued by the Code Enforcement Officer or shall be satisfactory to the Code Enforcement Officer unless and until the prospective permittee:
(1) 
Has provided a listing to the Code Enforcement Officer of all of the toxic or hazardous materials to be stored at the storage facility; and
(2) 
Has demonstrated that said storage facility complies with all of the provisions of this article and all Township, State of New Jersey or federal regulations and standards promulgated pursuant to it, applicable to said storage facility, based upon submission of such written proof as is required by the Code Enforcement Officer.
D. 
Any permit issued pursuant to this section shall be effective only for the specified duration of time indicated thereon, not to exceed four years from the effective date thereof.

§ 330-8 Exemptions.

A. 
All storage facilities which meet all of the following criteria shall be exempt from all provisions of this article, except those contained in § 330-3, Definitions, § 330-4, Powers of Code Enforcement Officer, § 330-5, Prohibited activities; registration to be maintained on vehicle, § 330-8, Exemptions, § 330-10A, New storage facilities, § 330-10E, General provisions and requirements, § 330-10G, Overfill protection, § 330-11A(4), Overfill detection, § 330-11D(1) and (2), Leaks; repairs, § 330-13B(1) and (4), Transfer operations, and § 330-21, Waivers by Township:
(1) 
The materials so stored are not toxic or hazardous wastes.
(2) 
The volume of the storage facility is less than 1,001 gallons.
(3) 
The facility is intended solely for the storage of kerosene, Number 2 fuel oil, Number 4 fuel oil, Number 6 fuel oil, diesel oil or lubricating oil.
(4) 
The intended use of the product stored is solely for on-site heating or intermittent stationary power production, such as stand-by electricity generation or irrigation pump power.
(5) 
The materials stored are not intended for resale or off-site use.
(6) 
The storage is located at or on residential property for use at such site.
B. 
All storage facilities which meet the following criteria shall be exempt from the provisions of this article contained in §§ 330-10B, 330-10D, 330-12B, 330-19 and any regulations or standards promulgated thereunder:
(1) 
The materials so stored are not toxic or hazardous wastes.
(2) 
The volume of the storage facility is not greater than 1,001 gallons.
(3) 
The facility is intended solely for the storage of kerosene, Number 2 fuel oil, Number 4 fuel oil, Number 6 fuel oil, diesel oil or lubricating oil.
(4) 
The intended use of the product stored is solely for on-site heating or intermittent stationary power production, such as stand-by electricity generation or irrigation pump power.
(5) 
The materials stored are not intended for resale or off-site use.
C. 
All storage facilities no longer receiving the benefit of any exemption, but which were previously exempted from any or all provisions of this article, shall be required to appropriately conform to all of the provisions of this article and all regulations and standards promulgated pursuant thereto by January 1, 1987.
D. 
Tanks for the storage of Number 6 fuel oil or other petroleum products of equivalent viscosity are exempt from the internal inspection and tank lining requirements. Further, storage facilities for these products are exempted from the requirements of impervious dikes and enclosures around the tank if, in the opinion of the Township, the location of the facility is so situated that a spill could not run off into storm drains or surface waters.
E. 
All storage of toxic or hazardous materials in containers of five-gallon capacity or smaller, where the total capacity stored at any time does not exceed 250 gallons or where the dry storage in bags, bulk or small containers does not exceed 2,000 pounds, is exempt from all portions of this article unless specifically ruled otherwise by the Code Enforcement Officer or State of New Jersey on a case-by-case basis.

§ 330-9 Transfer of permits prohibited.

It shall be unlawful for any person to transfer a permit issued pursuant to §§ 330-6 and 330-7 of this article from one location to another, from one storage facility to another or from one person to another. Any permit transferred in violation of this section shall be deemed null and void and without any effect whatsoever as of the date of said unlawful transfer. However, upon making proper application, a new owner of a facility which was previously operating under a valid permit may continue operation under the terms of the old permit until such time as the new permit is issued or denied.

§ 330-10 Underground storage facilities.

A. 
New storage facilities.
(1) 
All new storage facilities used or to be used for the underground storage of toxic or hazardous materials shall be designed and constructed in a manner which will, in the opinion of the Township, provide the maximum reasonable protection available against leakage or spillage from the facility due to corrosion, breakage, structural failure or other means. Double-walled or equivalent facilities are required for all toxic or hazardous materials, except those with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline. For these floatable materials, acceptable designs for tank construction include cathodically protected steel; glass-fiber-reinforced plastic; steel-clad with fiber-reinforced plastic; double-walled steel or plastic; or other equivalent design approved by the Township.
(2) 
Approval of design by the Township is required before installation, and the determination of equivalency or adequacy lies with the Township.
(3) 
Design, construction, fabrication and installation of new underground storage facilities shall be in accordance with regulations and standards as they may be adopted by the State of New Jersey or under this article.
(4) 
A new storage facility, for all facilities not previously covered by this section, is one for which construction actually begins on or after June 11, 1985, subject, however, to the exemptions contained in § 330-8A.
(5) 
It shall be unlawful for any person to sell for use in the Township of Toms River, install, use, put into service or maintain the existence of any new underground storage facility or part thereof after June 11, 1985, if said new storage facility or part thereof fails to conform to all of the provisions of Subsection A(1), (2) and (3) above, and all regulations and standards promulgated thereunder, subject, however, to the exemptions contained in § 330-8A.
B. 
Existing storage facilities.
(1) 
An existing underground storage facility is one for which construction actually begins prior to June 11, 1985.
(2) 
It shall be unlawful for any person to substantially modify or cause the substantial modification of any existing underground storage facility or part thereof without complying with the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(3) 
It shall be unlawful to use or maintain the existence of any existing underground storage facility beyond January 1, 1987, which is intended for use with toxic or hazardous materials with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(4) 
It shall be unlawful to use or maintain the existence of any existing underground storage facility beyond January 1, 1987, which is intended for use with any toxic or hazardous materials other than those with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
C. 
Abandonment.
(1) 
It shall be unlawful for any person to use or maintain the existence of an abandoned underground storage facility or part thereof.
(2) 
It shall be unlawful for anyone to sell or transfer to another an improperly abandoned underground storage facility or land containing an improperly abandoned underground storage facility if there exists any reasonable evidence of the existence of such a facility, unless the purchasing party has been made fully aware of the presence of such facility.
(3) 
It shall be unlawful for any person to repair, alter or prepare for use any abandoned storage facility without first obtaining a permit to construct from the Code Enforcement Officer.
(4) 
It shall be unlawful for the owner or other person in possession or control of any real property, building or place or vehicle to fail to immediately empty it of all toxic or hazardous materials and to completely and permanently remove an abandoned storage facility or part thereof within 90 days of the discovery thereof on or in said real property, building or place, pursuant to the provisions of Subsection H below, unless approval is granted to do otherwise.
(5) 
For the purposes of this section, an "abandoned storage facility" or part thereof means one which has remained out of service for six months or more or which has been declared by the owner to be abandoned.
(6) 
For the purposes of this section, "out of service" means substantially empty, meaning 5% or less filled; or not in use, meaning no regular filling or drawing; or not being maintained, meaning lacking adherence to the requirements of this article; or uncontrolled, meaning not attended or secured; or any combination thereof.
(7) 
For the purposes of this section, "discovery" means either actual discovery or knowledge of the existence of the abandoned storage facility or part thereof or possession of sufficient knowledge of the facts and circumstances involved so that the existence of the abandoned storage facility or part thereof should have been discovered or known of.
D. 
Testing and inspection.
(1) 
All existing underground storage facilities or parts thereof which do not meet the construction standards in Subsection A above must be tested and inspected in accordance with the schedule set forth below. It shall be unlawful for any existing underground storage facility owner, operator or lessee to fail to test his or her tanks and file an acceptable certificate of test completion with the Code Enforcement Officer in accordance with the following schedule:
Testing Schedule for Existing Underground Tanks Age of System by 1985
(in years)
1 to 4
5 to 9
10 to 14
15 to 19
20 or more
December 31, 1985
x
July 1, 1986
x
December 31, 1986
x
July 1, 1988
x
July 1, 1989
x
Full compliance for all facilities except those described in § 330-10B(3).
December 31, 1986
x
x
December 31, 1987
x
Full compliance for all facilities.
(2) 
If for any reason testing satisfactory to the Township cannot be performed, the tank must be removed from service or brought up to the standards of Subsection A by the first scheduled test date.
(3) 
The Final Test of the National Fire Protection Association (NFPA), Recommended Practice No. 329 (1983), or other test of equivalent or superior accuracy, as approved by the Township, must be used to comply with the testing and inspection requirement of § 330-10D(1).
(4) 
Any test and inspection as required by this subsection shall be performed by a person whose qualifications are acceptable to the Township for performing such tests. Certificates of test completion containing the results of such tests as performed shall be prepared by the tester and shall be filed with the Township within 30 days after completion of the testing of the storage facility. No certificate of test completion shall be acceptable to the Township to indicate satisfactory compliance with the testing requirements of this subsection if qualifications of the tester have not been accepted by the Township prior to the test. No certificate of test completion shall be acceptable to the Township if the test and inspection were not performed in accordance with Subsection D(3) of this section and in accordance with any regulations and standards which may be promulgated pursuant thereto.
(5) 
The certificate of test completion shall be filed on a form provided by the Township, and a copy of such form, completed, shall be kept by the storage facility owner, operator or lessee and by the tester for a period of not less than five years from the date of its issuance. It shall be unlawful for the storage facility owner, operator or lessee and for the tester thereof to fail to keep a copy of the certificate of test completion for the required five-year period.
(6) 
Certificates of test completion shall contain a legally authorized form notice to the effect that false statements made knowingly therein are punishable pursuant to the Code of Criminal Justice of New Jersey.
(7) 
A certificate of test completion not properly completed and/or not subscribed by the tester shall not be acceptable to the Township.
E. 
General provisions and requirements.
(1) 
When an underground storage facility or part thereof is found to be leaking, the portion containing the leak must be immediately emptied of all contents therein and removed from service. It shall be unlawful to cause or permit a leaking underground storage facility or part thereof to remain in service or to continue to retain its toxic or hazardous contents after the owner, operator or lessee of said storage facility or part thereof knows or should have known of the existence of the leak therein.
(2) 
It shall be unlawful for any person to repair or to permit the repair, in place, of any underground storage facility or part thereof which has leaked or otherwise failed, for the purpose of reusing said storage facility, unless such repair will result in the storage facility or part thereof complying with the requirements of Subsection A above and all regulations and standards promulgated thereunder; and unless such repairs occur pursuant to plans therefor previously submitted to and approved by the Township.
(3) 
It shall be unlawful for any person to replace or cause the replacement of any underground storage facility or part thereof for any reason if the replacement facility does not meet the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(4) 
It shall be unlawful for any person to use, maintain or put into service any underground storage facility or part thereof without first complying with the testing and inspection requirements of Subsection D above and regulations and standards promulgated thereunder.
F. 
Monitoring and leak detection.
(1) 
All underground storage facilities or parts thereof must be equipped with means of calculating product delivery and consumption. Accurate records must be kept of all deliveries and consumption and the figures reconciled daily in an approved manner, unless a less frequent schedule is allowed by the Code Enforcement Officer.
(2) 
All underground storage facilities or parts thereof must be provided with a means of monitoring, frequently and accurately, for any leakage and spillage that might occur. All leak-detection systems and tanks shall be monitored by the facility operator at least on a weekly basis and the results recorded and kept with the product records. Leak detection and monitoring can be provided by an electrical continuous leak-detection system; visually operated or float-operated alarms for tanks in pits; pressure, vacuum or fluid-level detectors for double-walled facilities; observation wells and collection barriers or membranes for use in high groundwater areas; for gasoline and oil facilities, a perforated, properly designed U-tube installation is acceptable; or other equivalent designs approved by the Code Enforcement Officer. Permanent records of all monitoring shall be kept for a period of five years.
(3) 
It shall be unlawful for the owner or other person in possession or control of a storage facility or part thereof to fail to comply with any of the requirements of this subsection and of any regulations and standards promulgated pursuant thereto.
G. 
Overfill protection.
(1) 
A means of overfill protection can be provided for all new underground storage facilities or parts thereof and for all replacement underground storage facilities or parts thereof. Overfill protection shall consist of either an overfill-protection device or a product-tight containment capable of intercepting and preventing the release to the ground or groundwater of an overfill spill.
(2) 
It shall be unlawful for the owner, operator or lessee to fail to provide satisfactory overfill protection for any new underground storage facility or part thereof, in accordance with the provisions of this subsection and any regulations and standards promulgated pursuant thereto.
H. 
Removal of underground storage facilities from service.
(1) 
It shall be unlawful for the owner or any other person in possession or control of an underground storage facility or part thereof to remove it from service unless:
(a) 
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days of so declaring and is disposed of as junk by first rendering it vapor free and by sufficiently perforating it so as to render it unfit for further use.
(b) 
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days, for the storage of other than toxic or hazardous materials, after having met all of the requirements of Subsection A and all regulations and standards thereto.
(c) 
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days, for the storage of other than toxic and hazardous materials, in which case the facility shall be emptied, cleaned of all residue and made safe and vapor free.
(d) 
Said storage facility is declared temporarily out of service and maintained in accordance with Subsection H(3) of this section.
(e) 
Said storage facility is declared to be suspected of leaking and maintained in accordance with § 330-10E.
(2) 
Any declaration of facility abandonment or of taking a facility temporarily out of service or returning a facility to service must be made to the Code Enforcement Officer in writing.
(3) 
It shall be unlawful for the owner or any other person in possession or control of any underground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within six months of the placement of it temporarily out of service and it is returned to active service within said six months, it is emptied of its contents immediately and the fill line, gauge opening and pump suction are capped and secured against tampering and the vent line is left open. No facility in a temporarily out-of-service condition shall be returned to use prior to notification of the Code Enforcement Officer and prior to the successful completion of any tightness testing due under § 330-10D.
(4) 
It shall be unlawful for anyone to place toxic or hazardous materials in a facility which is temporarily out of service.

§ 330-11 Outdoor aboveground storage facilities.

A. 
New storage facilities.
(1) 
For the purpose of this subsection, a new aboveground storage facility shall be one for which construction actually begins on or after June 11, 1985.
(2) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility or part thereof in a manner which will allow the discharge of a toxic or hazardous material to the ground, groundwaters or surface waters of Toms River Township.
(3) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility or part thereof without having constructed around and under it an impervious containment and dike, enclosing the storage facility or part thereof, conforming to the following requirements:
(a) 
The volume of the diked area shall be at least 110% of the volume of the largest tank contained therein, excluding the volume below the dike level occupied by other tanks. Additional volume, up to 10% of the total volume of all other tanks or vessels contained in the dike area, may be required if the configuration, arrangement and spacing of the tanks and dikes do not meet National Fire Protection Association standards.
(b) 
The dikes and the entire area enclosed by the dikes, including the area under the tanks, shall be made permanently impervious to the types of products expected to be stored in the tanks. A tank cannot be switched from one product to another unless the barrier is impervious to the new material stored.
(c) 
Drainage of precipitation from within the diked area shall be controlled in a manner that will prevent any toxic or hazardous material from entering the ground, groundwaters or surface waters of Toms River Township.
(4) 
It shall be unlawful to construct, fabricate, install, use or maintain any new aboveground storage facility without providing a positive means of detecting an overfilling condition therein before any spillage can occur, which detection system shall include, but shall not necessarily be limited to, both visual and audible alarms at a point on the storage facility most frequently manned. The overflow point must be clearly visible to the operator filling the facility or the operator at the receiving facility, where possible. If not possible, adequate means must be provided to immediately detect an overflow.
(5) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility or part thereof without conforming to all regulations and standards promulgated pursuant to this section relating to such new storage facilities.
(6) 
It shall be unlawful to fabricate, construct, install, use or maintain any new aboveground storage facility sitting on the ground and making contact therewith or partially buried in the ground and making contact therewith, or part thereof, unless and until the exterior surface of the areas in contact with the ground are cathodically protected in conformance with a design approved by the Code Enforcement Officer.
B. 
Existing storage facilities.
(1) 
An existing aboveground storage facility is one for which construction actually begins prior to June 11, 1985.
(2) 
Commencing January 1, 1987, it shall be unlawful for any person to use, maintain or fill with toxic or hazardous materials any existing aboveground storage facility or part thereof without conforming to all of the requirements of Subsection A above and all regulations and standards promulgated pursuant thereto, with one exception. It will not be required to place an impervious barrier directly beneath an existing tank that is sitting on or partially in the ground and is too large to be moved. In this case, the interior bottom of the tank shall be coated with a glass fiber reinforced epoxy coating or approved equivalent. In achieving the above compliance, the following schedule shall be adhered to:
(a) 
By January 1, 1987, all interior coating of facilities shall be completed.
(b) 
By January 1, 1987, all facilities shall be protected against overfill.
(c) 
By January 1, 1987, installation of cathodic protection shall be completed on all facilities in contact with the ground which were built prior to 1967.
(d) 
By January 1, 1988, installation of cathodic protection shall be completed on all facilities in contact with the ground which were built between 1967 and 1972.
(e) 
By January 1, 1989, installation of cathodic protection shall be completed on all facilities in contact with the ground which were built between 1972 and 1977.
(3) 
It shall be unlawful for any person to use, maintain or fill with toxic or hazardous materials an existing aboveground storage facility or part thereof without complying with the following inspection schedule and all regulations and standards promulgated pursuant thereto and without submitting to the Code Enforcement Officer a statement of proof of inspection.
(a) 
Any owner or other person in possession or control of an aboveground storage facility or part thereof shall have said tanks and vessels inspected and shall file a statement of proof of inspection with the Code Enforcement Officer by June 1, 1986. Where interior coating has not yet been applied, such inspection will be performed before coating.
(b) 
For the purpose of this section, "inspection" means the inspection of all aboveground tanks and other vessels for the storage of toxic or hazardous materials constituting an aboveground storage facility or part thereof.
(c) 
Any inspection of an existing aboveground storage facility of greater than 10,000 gallons' capacity or part thereof as required by this subsection shall be performed in accordance with a written protocol submitted to and approved by the Code Enforcement Officer by an authorized tank inspection firm or person or by a professional engineer licensed to practice professional engineering in the State of New Jersey, and it shall be performed in compliance with any regulations and standards promulgated pursuant to this section relating to such inspections.
(d) 
Aboveground storage facilities or parts thereof sitting on the ground and in contact therewith or partially buried in the ground and in contact therewith shall be emptied and cleaned to facilitate inspection of portions thereof not accessible from the outside.
(e) 
Proof of inspection must be filed with the Code Enforcement Officer on a form provided by the Township or one acceptably equivalent thereto within 30 days of each inspection and before the tank is refilled, and a copy of such form shall be kept and maintained by both the owner or other person in possession or control of the aboveground storage facility or part thereof and the inspector for a period of not less than five years from the date of the inspection. The proof of inspection form shall be subscribed by both the owner or other person in possession or control of the aboveground storage facility inspected and the inspector. This proof of inspection form shall contain a legally authorized form notice to the effect that false statements made knowingly therein are punishable pursuant to the New Jersey Code of Criminal Justice.
(4) 
It shall be unlawful for any person to substantially modify or cause the substantial modification of any aboveground storage facility or part thereof without complying with the provisions of Subsection A above and all regulations and standards promulgated pursuant thereto.
C. 
General provisions.
(1) 
It shall be unlawful for any person to abandon an aboveground storage facility or part thereof without first cleaning out all residue, venting it until dry and safe and leaving all of the hatches open or with all connections severed and valves blank flanged. For the purpose of this subsection, an “abandoned aboveground storage facility” or part thereof means one that has remained substantially empty and unattended for six months or more without being declared temporarily out of service, or has been temporarily out of service for six months or more.
(2) 
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to remove it from service unless:
(a) 
Said storage facility or part thereof is disposed of as junk by first rendering it vapor free and by sufficiently perforating it so as to render it unfit for further use and demolishing it and removing it from the site.
(b) 
Said storage facility or part thereof is removed for sale or use elsewhere, in which case it must be first cleaned and made vapor free to be safe in transit, and such reuse shall be in accordance with all pertinent portions of this article if relocation is to be within Toms River Township.
(c) 
Said storage facility is declared abandoned.
(d) 
Said storage facility is declared temporarily out of service.
(e) 
The Code Enforcement Officer has been notified of the intended status of removal from service.
(3) 
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within six months of its placement temporarily out of service and it is returned to active service within said six months, pursuant to the provisions of Subsection C(6) and (7) following, and it is drained of all liquid and the fill line, gauge opening and discharge line are capped and blind flanged and secured against tampering and the vent line is left open.
(4) 
It shall be unlawful for anyone to place toxic or hazardous materials in an abandoned or temporarily out-of-service aboveground storage facility.
(5) 
It shall be unlawful for any person to bring an abandoned aboveground storage facility back into service without meeting all of the requirements of Subsection A above. No abandoned facility shall be brought back into service without a complete inspection acceptable to the Township.
(6) 
It shall be unlawful for any person to bring a temporarily out-of-service facility back into use after January 1, 1987, without first meeting all the requirements of Subsection A above.
(7) 
An aboveground storage facility properly declared to be temporarily out of service may be returned to service prior to 1986 by written notification to the Code Enforcement Officer if the requirements of § 330-11B(2) have been met.
(8) 
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to fail to empty, clean and inspect it, pursuant to Subsection B(3)(c) above; to file proof of inspection, pursuant to Subsection B(3)(e) above; to leak test and/or to recoat it, if necessary, every five years for each tank or vessel for the storage of toxic or hazardous materials within said storage facility or part thereof.
(9) 
It shall be unlawful for any person to replace or cause the replacement of any aboveground storage facility or part thereof for any reason without complying with the new storage requirements of Subsection A above and without complying with the inspection and proof of inspection requirements of Subsections B(3)(c) and (e), respectively.
(10) 
It shall be unlawful for any person to use, maintain, construct, fabricate, modify or install any aboveground storage facility or part thereof without conforming to all plans and specifications submitted to and approved by the Township prior to such use, maintenance, construction, fabrication, modification or installation.
D. 
Leaks; repairs.
(1) 
When an aboveground storage facility or part thereof is found to be leaking, it must immediately be emptied of all contents therein contained and removed from service, unless approval is specifically granted by the Township to do otherwise.
(2) 
It shall be unlawful for the owner or other person in possession or control of a leaking aboveground storage facility or part thereof to cause or permit it to remain in service or to continue to retain its toxic or hazardous contents after said owner or other person knows or should have known of the existence of the leak.
(3) 
It shall be unlawful for any person to reuse and repair or cause the reuse and repair of an aboveground storage facility or part thereof which is leaking or which has leaked without:
(a) 
Performing or having said repairs performed in accordance with a written protocol submitted to and approved by the Township prior to said repairs.
(b) 
Inspecting or having said leaking storage facility or part thereof inspected by a person whose qualifications are acceptable to the Code Enforcement Officer, with such inspection in accordance with Subsection B(3)(c) above, and filing a proof of inspection in accordance with Subsection B(3)(e) above, with such inspection performed and proof of inspection filed prior to reuse of the storage facility or part thereof or filing it with a toxic or hazardous material, but after repairs have been effected.

§ 330-12 Piping, fittings, connections.

A. 
New installations.
(1) 
For the purpose of this section, "new installations" means piping, pipelines, fittings or connections for use with toxic or hazardous materials for which installations or construction actually begins on or after June 11, 1985.
(2) 
All new installations shall be:
(a) 
Fabricated, constructed and installed in a manner that will prevent the escape of the toxic or hazardous materials contained therein to the ground, groundwater or surface waters of the Township of Toms River.
(b) 
Protected against corrosion by the use of noncorrosive materials, cathodic protection with coatings approved by the Township or the functional equivalent of the foregoing options approved by the Township.
(c) 
Designed, constructed and installed with access points, as required by the Township, to permit periodic pressure testing of all underground piping without the need of extensive excavation.
(d) 
Designed, constructed and installed with a simple, effective, reliable means of monitoring the new installation for leakage, including a warning device to indicate the presence of a leak, spill or other failure or breach of integrity, for piping installed underground or in areas where piping is not clearly visible.
(e) 
Constructed of double-walled pipe or be constructed in product-tight trenches or galleries where the piping is buried or below grade except that single-walled piping will be allowed for facilities containing products with a specific gravity less than one and only slightly soluble in water such as gasoline and fuel oil.
(3) 
It shall be unlawful for any person to fabricate, construct, install, use or maintain or to cause the fabrication, construction, installation, use or maintenance of any new, substantial installation or part thereof for use with toxic or hazardous materials without:
(a) 
Previously having submitted plans therefor to the Township and without having received approval of said plans.
(b) 
Complying to the plans submitted to and approved by the Township as required in Subsection A(3)(a) above.
(c) 
Complying with the provisions of Subsection A(1) and (2) above and any regulations and standards promulgated thereunder.
B. 
Existing installations.
(1) 
For the purpose of this section, "existing installations" shall mean piping, fittings and connections for use with toxic or hazardous materials for which installation or construction actually begins prior to June 11, 1985.
(2) 
Commencing January 1, 1987, it shall be unlawful to use or maintain any existing installation or part thereof in association with any underground storage facility or part thereof unless said existing installation complies with all of the provisions of Subsection A above and all regulations and standards promulgated pursuant thereto.
(3) 
It shall be unlawful for the owner or other person in possession or control of any existing piping installation or part thereof associated with any underground storage facility or part thereof to fail to pressure test said existing piping or part thereof whenever the associated underground storage facility or part thereof is tested.
(4) 
It shall be unlawful for the owner or other person in possession or control of an existing installation or part thereof when testing or contracting to test said installation or part pursuant to Subsection B(3) above:
(a) 
To fail to test or have said installation or part thereof tested by a person whose qualifications are acceptable to the Township.
(b) 
To fail to test or have tested said installation in a manner acceptable to the Township.
(c) 
To fail to test or have said installation tested in accordance with a written protocol submitted to and approved by the Township prior to said test.
(d) 
To fail to test or have tested said installation in accordance with any regulations or standards which may be promulgated under this subsection relating to said testing.
(e) 
To fail to submit to the Township, within 30 days of said test, a completed certificate of test completion form, pursuant to § 330-10D(3) to (6) and any regulations and standards promulgated thereunder.
C. 
General provisions.
(1) 
Notwithstanding the requirements of Subsection B(3) above, it shall be unlawful for the owner or other person in possession or control of a new or existing installation or part thereof not to test said installation or part in accordance with the procedures set forth in Subsection B(3) above and all regulations and standards promulgated thereunder, whenever the Township has determined that such a test is necessary or whenever the Township has ordered that such a test be performed.
(2) 
Whenever an existing or new installation or part thereof is found to be leaking, it must immediately be emptied of all contents therein contained and removed from service.
(a) 
It shall be unlawful for the owner or other person in possession or control of said leaking installation or part thereof to cause or permit it to remain in service or to continue to retain its toxic or hazardous contents after said owner or other person knows or should have known of the existence of the leak.
(b) 
It shall be unlawful for any person to repair or cause the repair of any new or existing installation or part thereof which has leaked or otherwise failed without performing said repairs or having said repairs performed in a manner approved by the Township.
(c) 
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation pursuant to the provisions of Subsection C(2)(b) above and all regulations and standards promulgated thereunder.
(d) 
It shall be unlawful for any person to reuse or to cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation or part so as to conform to the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(e) 
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without inspecting or having said installation or part inspected, subsequent to the completion of any repairs but prior to said reuse, by a person whose qualifications are acceptable to the Township, in accordance with § 330-11B(3)(d) and any regulations and standards promulgated thereunder and without filing with the Township a proof of inspection prior to said reuse, in accordance with § 330-11B(3)(e) and any regulations and standards promulgated thereunder.

§ 330-13 Transfer of toxic or hazardous materials.

A. 
Transfer facilities.
(1) 
"Transfer facilities" means truck fill stands and/or any other facility for the loading or unloading of toxic or hazardous materials.
(2) 
It shall be unlawful for any person to fabricate, construct or install a transfer facility or part thereof:
(a) 
Without first submitting plans therefor to the Township and without first obtaining the Township's approval thereof.
(b) 
Without fabricating, constructing and installing said transfer facility or part thereof in accordance with the plans submitted and approved pursuant to Subsection A(2)(a) above.
(c) 
Without providing a simple, effective, reliable means of monitoring the transfer facility or part thereof for leakage or spillage, including a warning device.
(d) 
Without providing a level of spill protection equivalent to that provided by a fill stand area completely paved and curbed with an impervious material and drained to a holding tank of adequate size to contain any spill that could reasonably be expected to occur from the normal operation of the facility and roofed so as to exclude precipitation which would otherwise tend to fill the holding tank.
(3) 
It shall be unlawful for any person to operate, maintain or use a transfer facility or part thereof so as to permit the escape therefrom of toxic or hazardous materials to the ground, groundwaters or surface waters of Toms River Township. All holding tanks associated with spill control shall be maintained in an empty condition at all times to provide maximum storage capacity at the time of a spill.
(4) 
It shall be unlawful for any person to fabricate, construct, install, use, operate or maintain any transfer facility or part thereof without doing so in accordance with regulations and standards pertaining thereto which may be promulgated by the Township.
B. 
Transfer operations.
(1) 
It shall be unlawful for any person to transfer, cause the transfer or permit the transfer of toxic or hazardous materials to or from a storage facility, part thereof or vehicle, where conditions at the transfer facility are inadequate at the time of said transfer to ensure a safe transfer operation without the occurrence of spills, leaks or accidents.
(2) 
Failure of a transfer facility to conform to and comply with the provisions of Subsection A and all regulations and standards promulgated thereunder shall constitute a rebuttable presumption that conditions at said transfer facility are inadequate for the purposes of Subsection B(1), above.
(3) 
The transfer of toxic or hazardous materials to any storage facility or part thereof which does not comply with all provisions of this article applicable thereto and any regulations and standards promulgated under this article applicable thereto shall constitute a rebuttable presumption that conditions at said transfer facility are inadequate for the purposes of Subsection B(1) above.
(4) 
Conditions at the transfer facility shall be deemed to be inadequate at the time of a transfer if:
(a) 
The transfer facility is constructed so that all possible points of overflow are not visible from the loading and unloading locations.
(b) 
The truck, storage facility or part thereof being delivered to does not have adequate capacity to contain the amount of toxic or hazardous material being transferred or to be transferred or if a person performing or causing said transfer does not ensure by some reliable means that the truck, storage facility or part thereof has adequate capacity to contain the amount of toxic or hazardous material being transferred or to be transferred.

§ 330-14 Contingency plan and emergency procedure.

A. 
Each owner or operator of a storage facility, manufacturing or other industrial or commercial establishment in which toxic or hazardous materials are used in the preparation of the final product for sale, including those establishments where toxic or hazardous materials are retained as by-products of the operations within such manufacturing or other industrial or commercial establishment, shall have a contingency plan for such facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of hazardous or toxic material or waste constituents to the air, soil or surface water.
B. 
The provisions of the plan shall be carried out immediately whenever there is a fire, explosion or release of hazardous or toxic material or hazardous waste constituents which could threaten human health or environment.
C. 
The provisions of the plan shall describe the actions that facility personnel shall take to comply with this section in response to fires, explosions or any unplanned sudden or nonsudden release of hazardous or toxic material to the air, soil or surface water at the facility. The plan describes arrangements agreed to by the Toms River Township Council, Township of Toms River Fire Department, Township of Toms River Police Department, hospitals, contractors and state and federal emergency response teams.
D. 
The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator and this list shall be kept up-to-date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.
E. 
The plan shall include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, external and internal, and decontamination equipment), where this equipment is required. This list shall be kept up-to-date. In addition, the plan shall include the location and a physical description of each item on the list and a brief outline of its capabilities.
F. 
The plan shall include an evacuation procedure for facility personnel, where there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes and alternative evacuation routes, in cases where the primary routes could be blocked by releases (of hazardous or toxic material or fires).
G. 
A copy of the contingency plan and all revisions to the plan shall be:
(1) 
Maintained at the facility.
(2) 
Submitted to the Township of Toms River, Fire Department, Code Enforcement Officer, Police Department and any local emergency response teams that may be called upon to provide emergency service.
H. 
The contingency plan shall be reviewed and immediately amended, if necessary, whenever:
(1) 
Applicable regulations are revised;
(2) 
The plan fails in an emergency;
(3) 
The facility changes (in its design, construction, operation, maintenance or other circumstances) in a way that materially increases the potential for fires, explosions or releases of hazardous or toxic material or hazardous waste constituents or changes the response necessary in an emergency;
(4) 
The list of emergency coordinates changes; or
(5) 
The list of emergencies changes.
I. 
All times, (24 hours a day, seven days a week) there shall be at least one employee, either on facility premises or on call, with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility and the locations and characteristics of hazardous and toxic material at the installation, the location of all records within the facility and the layout of buildings and storage at the facility. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
J. 
Emergency procedures are as follows:
(1) 
Whenever there is an imminent or actual emergency situation, the emergency coordinator (or a designee when the emergency coordinator is on call) shall immediately:
(a) 
Notify the Township of Toms River (Fire Department and Police Department) by phone, at 349-2285, or by direct-wire-alarm system.
(b) 
Identify the character, exact source, amount and area of any incident.
(c) 
Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.
(2) 
Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the discharge, fire or explosion. This assessment shall consider both direct and indirect effects of the discharge, fire or explosion.
(3) 
If the emergency coordinator determines that the facility has had a discharge, fire or explosion which would threaten human health or the environment, inside or outside the facility, the emergency coordinator shall:
(a) 
Immediately notify the Township of Toms River, if an assessment indicates that evacuation inside the facility or of the local areas may be advisable. The emergency coordinator shall be available at all times to help Township of Toms River officials decide what local areas should be evacuated.
(4) 
The emergency coordinator shall advise local emergency response personnel (Fire Department and Police Department) of the actual hazardous or toxic material involved in the incident.
(5) 
The emergency coordinator and facility owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan or response of Township of Toms River emergency response personnel. Within seven days after the incident, the emergency coordinator and owner or operator shall submit a written report on the incident to the Township of Toms River (Code Enforcement Officer). This report shall include, but not be limited to:
(a) 
The name, address and telephone number of the owner or operator.
(b) 
The name, address and telephone number of the facility.
(c) 
The name, address and telephone number of the emergency coordinator in charge of the incident.
(d) 
The date, time and type of incident.
(e) 
The name and quantity of materials involved.
(f) 
An assessment of actual or potential hazards to human health or the environment.
(g) 
The extent of injuries, if any.
(h) 
Assessment of the scope and magnitude of the problem or incident.
(i) 
Description of the immediate actions that have been taken and the estimated quantity and disposition of the material involved in the incident.
(j) 
An implementation schedule for undertaking suggested changes to the contingency plan and emergency procedures and measures to eliminate any problems.

§ 330-15 Portable containers and tanks.

A. 
Storage facilities.
(1) 
It shall be unlawful to fabricate, construct, install or otherwise create a storage facility or part thereof for portable containers and tanks in excess of 100 gallons' total capacity containing toxic or hazardous materials if the facility has to be used for more than 30 days without:
(a) 
First having submitted satisfactory plans and specifications therefor to the Township.
(b) 
Constructing, installing, fabricating or otherwise creating said storage facility in accordance with the reports and plans submitted pursuant to Subsection A(1)(a), above.
(c) 
Constructing, installing, fabricating or otherwise creating said storage facility so as to prevent the discharge of any of the toxic or hazardous contents of the portable containers therein to the ground, groundwaters or surface waters of Toms River Township.
(d) 
Providing a chemically resistant pad on which to place the portable containers or tanks, impervious to the toxic or hazardous materials being stored in said containers and tanks.
(e) 
Providing a complete impervious containment of the storage facility or part thereof sufficient to contain at least 30% of the volume to be stored.
(f) 
Constructing, fabricating, installing or otherwise creating a storage facility or part thereof in accordance with all regulations and standards promulgated under this subsection.
(2) 
It shall be unlawful for any person to use, maintain or operate a storage facility containing portable containers or tanks for the storage of toxic or hazardous materials without:
(a) 
Preventing the discharge of any of the toxic or hazardous contents of the portable containers or tanks to the ground, groundwaters or surface waters of Toms River Township.
(b) 
Properly securing the portable containers or tanks containing toxic or hazardous materials so as to protect them from vandalism, unauthorized access and damage by traffic, machinery or falling objects.
(c) 
Storing the portable containers and tanks containing toxic or hazardous materials indoors, except where such storage is prevented by fire regulations or where sufficient evidence is presented that physical or financial constraints of the facility make indoor storage impractical. Waiver of the indoor storage requirement shall be only by permission of the Township.
(d) 
Protecting any outdoor storage of portable containers or tanks containing toxic or hazardous materials from damage from heat, cold, rust and other weather-related conditions.
(e) 
Complying with all regulations and standards promulgated relating to the maintenance, use or operation of a storage facility containing portable containers containing toxic or hazardous materials.
(f) 
Complying with all of the provisions of Subsection B below and any regulations and standards promulgated thereunder.
B. 
Handling of portable containers or tanks. It shall be unlawful for the owner or other person in possession or control of a storage facility containing portable containers or tanks which contain toxic or hazardous materials to:
(1) 
Stack said portable containers or tanks more than two high without using a properly designed storage rack for that purpose, or to attempt any stacking without adequate equipment.
(2) 
Store said portable containers or tanks in a manner so as to prevent all sides thereof from being available for inspection.
(3) 
Fail to maintain current inventory records indicating deliveries, consumption, sale and final disposal of all toxic or hazardous materials stored in portable containers or tanks and to maintain said records for five years from the occurrence recorded.
(4) 
Fail to handle said portable containers or tanks in accordance with any regulations and standards promulgated pursuant to this subsection.
(5) 
Store said portable containers in numbers in excess of the maximum allowed by the approved design of the storage facility.
C. 
Inspections.
(1) 
It shall be unlawful for the owner or other person in possession or control of a storage facility containing portable containers or tanks for the storage of toxic or hazardous materials to fail to have said facility or part thereof containing said portable containers or tanks inspected:
(a) 
Prior to application for the renewal of a permit to operate a storage facility, issued pursuant to § 330-7.
(b) 
Subsequent to any substantial modification of the storage facility or part thereof containing said portable containers or tanks and prior to the using or putting into service of a storage facility or part thereof.
(c) 
Prior to the using or putting into service of said storage facility or part thereof after repairs had been performed on it.
(2) 
It shall be unlawful to fail to have the inspections required by Subsection C(1) above performed in accordance with the provisions of § 330-11B(3)(c) and all regulations and standards promulgated pursuant thereto and those promulgated under this subsection.
(3) 
It shall be unlawful to fail to file a proof of inspection with the Township within 30 days of the performance of an inspection required by Subsection C(1) above complying with the provisions of § 330-11B(3)(c) and any regulations and standards promulgated pursuant thereto.
D. 
It shall be unlawful for any person to repair or modify or to cause or permit said repairs or modifications of a storage facility or part thereof containing portable containers or tanks for the storage of toxic or hazardous materials without performing said repairs or modifications or having them performed pursuant to a written protocol previously submitted to and approved by the Township.
E. 
At the discretion of the Township, § 330-15A(1), (4), (5) and (6) and § 330-15C may be waived for temporary facilities, such as spill cleanup operations.

§ 330-16 Bulk storage of toxic or hazardous materials.

A. 
It shall be unlawful for any person to fabricate, construct, install, repair, or modify any bulk storage facility or part thereof without doing so in accordance with a written protocol previously submitted to and approved by the Township.
B. 
It shall be unlawful for any person to fabricate, construct, install, modify, repair, use, maintain or operate any bulk storage facility or part thereof without:
(1) 
Doing so in a manner that will prevent toxic or hazardous materials contained therein from coming into contact with precipitation or other sources of moisture, unless there is a provision made for collecting and treating the leachate and runoff generated so as to prevent a discharge of toxic or hazardous materials to the ground, groundwaters or surface waters of Toms River Township and so as to prevent the development of an explosive, incendiary or other hazardous or dangerous condition.
(2) 
Providing for the segregation of and without segregating potentially reactive chemicals which are toxic or hazardous materials or which may react so as to form toxic or hazardous materials, which reaction may present or cause a hazardous or dangerous condition.
(3) 
Providing for and storing bagged toxic or hazardous materials on pallets and within a roofed structure which prevents precipitation from reaching the bags.
(4) 
In the case of an indoor bulk storage facility, providing for and providing an impervious floor, without floor drains, with a surrounding impervious dike so as to provide containment for hazardous or toxic materials generated from firefighting within the building.
(5) 
Providing for and providing adequate security so as to protect the storage facility and toxic or hazardous content therein from vandalism and accident.
(6) 
Complying with any regulations and standards which may be promulgated pursuant to this section.
C. 
Road deicing salt and other deicing materials are toxic or hazardous materials. In addition to the foregoing provisions of this section, road deicing salt may be stored near the shore or other areas where no adverse environmental impact may occur without brine control so long as the Township's approval for such a storage facility has been applied for and received in advance.

§ 330-17 Reporting of discharge; recordkeeping; cleanup and restoration following discharge.

A. 
It shall be unlawful for the owner or other person in possession or control of any storage facility or part thereof to fail to report any unauthorized discharge, spill, leak or any recognizable loss of toxic or hazardous materials therefrom or the failure of said storage facility to the Township within one hour of the time such owner or other person had sufficient evidence that he or she knew or should have known of said unauthorized discharge, spill, leak, loss or failure. A report to the Township shall not be deemed compliance with any reporting requirement of any other federal, state or local law.
B. 
It shall be unlawful for the owner or other person in possession or control of any storage facility or part thereof to fail to keep records in writing reflecting the types and amounts of toxic or hazardous materials stored in said storage facility or part thereof at any given time.
(1) 
It shall be unlawful for the owner or other person in possession or control of any storage facility or part thereof to fail to keep records of the disposal or other transfer in or out of said storage facility or part thereof, such records reflecting the types and amounts of toxic or hazardous materials involved in the transfer. The name and vehicle license and registration numbers of the transporter and the intended destination must also be included if the material is waste.
(2) 
It shall be unlawful for any person required to keep records by any provision of this article to fail to maintain said records available for inspection by the Township for at least five years from the date of the event, occurrence or transaction recorded. Copies shall be provided by the owner or operator for the Township if requested.
(3) 
It shall be unlawful for any person required to keep records by any provision of this article to fail to keep, record and maintain said records in accordance with any regulations and standards promulgated pursuant to this section.
C. 
It shall be the responsibility and obligation of any person who discharges or causes or permits the discharge of any toxic or hazardous material to the ground, groundwaters or surface waters of Toms River Township to cease said discharge, to reclaim, recover and/or properly dispose of the discharged toxic or hazardous material and any other substance contaminated therefrom, to restore the environment to a condition and quality acceptable to the Township and to repair any damages caused thereby, all to the satisfaction of the Township.
(1) 
It shall be unlawful for the owner or any other person in possession or control of any source discharging toxic or hazardous materials to the ground, groundwaters or surface waters of Toms River Township to fail to cease said discharge immediately upon obtaining knowledge or notice of its existence.
(2) 
It shall be unlawful for the owner or any other person in possession or control of any source discharging or which has discharged toxic or hazardous materials to the ground, groundwaters or surface waters of Toms River Township to fail to reclaim, recover and/or dispose of the discharged toxic or hazardous materials. Where time permits, cleanup shall be in accordance with a written protocol previously submitted to and approved by the Township and State of New Jersey.
(3) 
It shall be unlawful for the owner or other person in possession or control of any premises or place to fail to reclaim, recover and/or otherwise dispose of any toxic or hazardous materials discharged thereto, in accordance with a written protocol previously submitted to and approved by the Code Enforcement Officer, in the event that the persons described in Subsection C above are not ascertainable or otherwise fail to comply with the provisions of Subsection C(2). This provision shall not abridge any existing right of action in any person, nor shall it create any new right of action in any person.
(4) 
It shall be unlawful for the owner or any person in possession or control of any source which has discharged toxic or hazardous materials to the ground, groundwaters or surface waters of Toms River Township to fail to restore this environment contaminated or damaged by said discharge to its condition prior to the discharge, repairing any damages caused thereby in accordance with a written protocol previously submitted to and approved by the Township and State of New Jersey, Department of Environmental Protection.
(5) 
It shall be unlawful for any person, who is required by this article or by any order of the Code Enforcement Officer to reclaim, recover or otherwise dispose of discharged toxic or hazardous materials and other substances contaminated therefrom and/or to restore the environment to the condition that existed prior to the discharge of toxic or hazardous materials thereto, to fail to perform said required acts pursuant to any regulations and standards promulgated pursuant to this subsection.

§ 330-18 Reporting requirements.

A. 
It shall be unlawful for the owner or other person in possession or control of any toxic or hazardous material storage facility or part thereof to fail to report any unauthorized discharge, spill, leak or any recognizable loss of toxic or hazardous material therefrom or any fire within any facility or hazardous material or whenever there is an imminent or actual emergency situation within any facility or part thereof. Failure of said facility or owner or person in possession or control thereof, or other person who had sufficient evidence that he or she knew or should have known of said unauthorized discharge, spill, leak, loss, fire, imminent or actual emergency situation within or failure, to notify and report immediately to the Toms River Township Fire Department, the Toms River Township Police Department and the Toms River Township Code Enforcement Officer shall be a violation of this article.
B. 
A report to the Township shall not be deemed compliance with any reporting requirement of any other federal, state or local law.

§ 330-19 Confidentiality of records.

A. 
Any information relating to secret processes or methods of manufacture or production obtained in the course of an inspection or investigation or submitted to the Township shall be kept confidential, except for the use and purposes of the Township in the enforcement of this article and the rules and regulations promulgated thereunder.
B. 
Exemption.
(1) 
In the event that a person claims to be unable to file complete reports and/or plans and specifications on the grounds that it relates to and is part of a secret process or method of manufacture or production, an affidavit signed by an authorized person must be filed with the Township stipulating:
(a) 
The location of the process or equipment, specifying the building and the section or part of the building in which it is located.
(b) 
In general terms, the name of the process or equipment.
(c) 
The means to be employed for the control of water contaminants.
(d) 
The nature and estimated rate of discharge of contaminants to the ground- or surface waters.
(e) 
The authority of the person signing the affidavit.
(f) 
A statement that the installation is related to a secret process or method of manufacture or production.
(2) 
In the event that such affidavit is filed, the Township shall determine the extent to which an exemption should be granted. Any information relating to secret processes, methods of manufacture or production which may be required, ascertained or discovered by the Township shall not be disclosed and shall be kept confidential.

§ 330-20 Posting of notice; labeling.

A. 
It shall be unlawful for the owner or other person in possession or control of any place, building, land, vehicle or thing to store toxic or hazardous materials therein without conspicuously posting a notice thereat or thereon warning of the presence of such materials and providing any safety information necessary to protect the public and assist emergency response personnel in carrying out their responsibilities.
B. 
It shall be unlawful for any person to use, maintain or operate any storage facility or part thereof without:
(1) 
Clearly labeling the specific contents of each portable container conspicuously on said container.
(2) 
Clearly labeling the specific contents of each indoor and aboveground tank or vessel conspicuously thereon.
(3) 
Clearly labeling the specific actual, intended and possible contents of piping associated with any storage facility or part thereof at or near the points of filling or drawing.
(4) 
Conspicuously posting any permit issued pursuant to this article.
C. 
It shall be unlawful for any person to falsely post or label any container or storage facility or to post an invalid permit.
D. 
It shall be unlawful for any person to use, maintain or operate any storage facility or part thereof without complying with all regulations and standards promulgated pursuant to this article.

§ 330-21 Waivers by Township.

Any requirement, mandate, prohibition or time limitation imposed by this article or any regulation, standard or order generated hereunder may be waived or modified by order of the Township.

§ 330-22 Permit fees.

The following shall be the permit fee schedule for permits issued pursuant to this article:
A. 
Permit to operate: $100 per tank.
B. 
Construction and modification permit: $50.

§ 330-23 Enforcement; remedies.

A. 
It shall be unlawful for any person to violate any of the provisions of this article, any lawful rules and regulations promulgated under this article, any lawful order of the Township of Toms River, Code Enforcement Officer or his or her designee or any condition, limitation or restriction which is part of an operating permit. It shall be the duty of all municipal officials and employees to enforce provisions of this article. No building permit shall be issued for the installation of any improvement of facilities governed by the provisions of this article without the prior approval of the Code Enforcement Officer or his or her designee. In addition to any other remedies provided by this article, the Code Enforcement Officer shall have the following judicial remedies available to him for violation of this article, any lawful rule or regulation promulgated under this article, any lawful order of the Code Enforcement Officer or his or her designee or any condition, limitation or restriction which is part of an operating permit.
B. 
The Code Enforcement Officer of the Township of Toms River may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with or prohibit the violation of this article, any lawful rule or regulation promulgated under this article any lawful order of the Code Enforcement Officer or his or her designee or any condition, limitation or restriction which is part of an operative permit; and to seek injunctive relief to prevent injury to the air, waters and property, including animal, plant and aquatic life, of the Township of Toms River and to protect human health, safety and welfare caused or threatened by any violation.

§ 330-24 Civil liability.

Whenever a violation of this article occurs or exists, any person, individually or otherwise, who has a legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation or who has a legal, beneficial or equitable interest in the real property upon which such facility or instrumentality is located shall be jointly and severally liable for said violation, regardless of fault and regardless of knowledge of the violation. This provision shall be construed to impose joint and several liability, regardless of fault and regardless of knowledge of the violation, upon all persons, individually or otherwise, who, although no longer having any such legal, beneficial or equitable interest in said facility or instrumentality or real property, did have such an interest at any time during which such violation existed or occurred or continued to exist or to occur. This provision shall be liberally construed to protect the public health, safety and welfare and to accomplish the purposes of this article.

§ 330-25 Violations and penalties.

If any person or corporation shall fail or refuse to obey or comply with or violates any of the provisions of this article or any lawful rule or regulation promulgated hereunder or any lawful order of the Code Enforcement Officer or his or her designee or any condition, limitation or restriction which is part of an operating permit issued or rendered under and pursuant to the provisions of this article, such person or corporation, upon conviction of such offense, shall be punished by a fine of $500 or by imprisonment not to exceed 90 days in the county jail, or both, in the discretion of the court. Each day of continued violation shall be considered as a separate offense.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Hazardous Spills Reimbursement, adopted 11-14-2006 by Ord. No. 4052-06.

§ 330-26 Reimbursement for hazardous spills.

A. 
Authority. This article is enacted pursuant to N.J.S.A. 40:42-1 et seq., the Home Rule Act, which directs municipalities to act to provide for the health, welfare and safety of their citizens.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
COLLECTING AGENCY
The Township of Toms River.
DISCHARGE
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or pumping of hazardous substances into any waters which flow within the jurisdiction of the Township or any land within the jurisdiction of this Township or into the waters or land outside the jurisdiction of the Township when damage may result to the people, lands, waters, or natural resources within the jurisdiction of the Township.
EXPENDABLE ITEMS
Any items used to extinguish or prevent any hazardous material or fire or stop or contain any leak, release or spill involving any hazardous material which cannot be reused or replenished without cost after that particular incident. These expendable items include, but are not limited to, fire-fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, and any protective equipment and clothing, to include but not be restricted to chemical protective suits, gloves, boots, goggles and any other item owned or controlled by the Township of Toms River or owned or controlled by any volunteer organization or other municipal organizations rendering assistance.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas listed as a hazardous substance or material, including but not necessarily limited to the NFPA Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances and toxic pollutants designated by the Federal Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection pursuant to Section 311 of the Federal Water Pollution Control Act, Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), and the list of toxic pollutants designated by Congress or the EPA pursuant to Section 307 of the Federal Water Pollution Control Act, and hospital or medical waste, including but not limited to syringes, bandages and discarded pharmaceutical products and any material warranting removal or cleanup in the opinion of the Toms River Township Office of Emergency Management.
TOWNSHIP
Includes the Township of Toms River's employees, agents, officers, officials and supporting units as directed by the Office of Emergency Management.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft, and trains.
VESSEL
Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous materials, whether or not said container was manufactured for the containment of hazardous material.
VOLUNTEER ORGANIZATION
Any duly incorporated volunteer fire, ambulance, first aid, emergency or rescue company or squad.
C. 
Purpose; reimbursement rates.
(1) 
This article provides for the reimbursement for the expenses incurred by the Township of Toms River, any and all volunteer organizations, as defined above, and all persons rendering both volunteer and nonvolunteer services from other local municipalities for the use of their vehicles, expendable items and equipment and for the wages (both regular and overtime) paid to their employees, agents, servants, and those persons from local municipalities who render nonvolunteer services as a result of an incident involving a hazardous material fire or leak, release or spill of a hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants, and employees of the Township of Toms River as well as those persons who render voluntary service as part of a volunteer organization and/or nonvoluntary service for the Township of Toms River as a result of the incident.
(2) 
Any person causing any hazardous material fire or leak, spill or release involving a hazardous material must reimburse the Township for the aforementioned services at the rate of $75 per hour for the use of a lighting truck; $50 per hour for the use of any other vehicle or equipment; $20 per hour for each hour of time rendered by a member of a volunteer organization as defined above; for expendable items at the rate of 100% of the current cost; 100% of the regular or overtime wages, whichever is applicable, plus fringe benefits; and 100% of the regular or overtime wages, whichever is applicable, plus fringe benefits for clerical employees.
(3) 
This article also provides a penalty for the violation of the article for either committing a spill or for failure to report the same.
D. 
Discharge prohibited; notice; liability for costs.
(1) 
The discharge of hazardous substances is prohibited within the Township. This article shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
(2) 
Any person who may be subject to liability for a discharge or who becomes aware of a discharge which occurred prior to or after the effective date of this article shall immediately notify the Township of Toms River Office of Emergency Management at the Municipal Engineering, Planning and Code Building during normal business hours or through the Toms River Township Police Department after business hours.
(3) 
Whenever any hazardous substance is discharged, the Township may, in its discretion, act to remove or arrange for the removal of such discharge.
(4) 
Any person who has discharged a hazardous substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the costs associated with the use of Township or volunteer organization vehicles, expendable items and equipment and for the wages (regular and overtime) paid to Township employees, agents, and servants and those persons from local municipalities who render nonvolunteer services as a result of an incident involving a hazardous material fire or leak, release or spill of a hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants and employees of the Township of Toms River as well as those persons who render voluntary service as part of a volunteer organization and/or those persons who render nonvoluntary service for the Township of Toms River as a result of the incident.
E. 
Parties responsible. Reimbursement to the Township for expendable items used shall be made by the owner or operator of the vehicle responsible for any hazardous material fire or leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and any person responsible for any hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
F. 
Reimbursement for services. Any person causing any hazardous material fire or leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the Township to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and cooperation with the Township of Toms River and until such time arrangements have been made to reimburse the Township and the towing company for their expenditures under the terms of this article.
G. 
Period for payment. The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, to stop or contain such leak, or to control such spill within 15 days after receipt of a bill therefor. The collections agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units for amounts collected. In the event that the collection agency is not able to collect said costs or only a portion thereof, the collection agency shall not be responsible to its agents or the local units for the full amount of the same.
H. 
Violations and penalties. The person or entity responsible for any fire, leak or spill of hazardous material who or which fails to reimburse the Township within the time required shall be subject to a fine of not less than $300 nor more than $500 per day or to imprisonment for a period of not more than six months, or both. The person or entity responsible for committing a spill, or who or which fails to report the same, will be liable for the same penalties as aforesaid stated.
I. 
Office of Emergency Management Trust Account. The Township of Toms River, through its Chief Financial Officer, shall be authorized to open a bank account titled "Toms River Township Office of Emergency Management Trust Account," and funds received from a) those persons or parties responsible for the hazardous material fire or leak or spill of hazardous material; b) the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; c) the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and d) any person responsible for any hazardous material fire or leak or spill of hazardous material on public or private property, whether accidental or through negligence, shall be deposited into this account and used for reimbursement purposes only.