Borough of Carteret, NJ Control of Hazardous Substances

[Adopted 7-21-2005 by Ord. No. 05-36]

It is the purpose and scope of this article to properly identify all areas of potential risk to life, property, the environment and the surrounding community that may be caused by the use and storage of hazardous materials and chemicals within the Borough of Carteret. In doing so, the Borough is seeking to address the need for adequate emergency response planning to include the establishment of a direct line of communication between private industries that use and store hazardous materials and municipal emergency service personnel.

Moreover, it is the intent of this article to ensure that the Borough possesses the necessary resources required to enhance and maintain its ability to respond to the public health threat posed by the use and storage of hazardous materials and to enable the Borough to address incidents related thereto with the most efficient deployment of life safety, suppression and mitigation techniques. Additionally, it is the Borough's intent to provide its emergency response workers with the most up-to-date training in the ever-changing world of hazardous materials and to better identify future needs in the areas of specialized training and equipment and to apply the knowledge, skills and abilities of its personnel to effectively manage both small and large-scale incidents.

§ 128-35 Enforcement; inspections; reports; declaration of emergency.

This article is hereby established to effectively control hazardous materials. This chapter shall be enforced by the Local Enforcing Officer.

The Local Enforcing Officer shall inspect, at least once each year, all facilities manufacturing, processing, handling, using or storing hazardous materials within the Borough. He shall also make such additional inspections as are reasonably necessary to obtain compliance with the provisions of this article.

After each inspection under this article, a written report is to be submitted by each inspector to the Local Enforcing Officer, which report shall include, but not be limited to, any violations discovered and actions taken concerning same. The Local Enforcing Officer shall prepare a quarterly written report.

The Local Enforcing Officer shall have the power, where there is or appears to be an imminent hazard affecting the life or safety of the public or property involving hazardous materials, to declare an emergency and order an appropriate remedy in light of the emergent circumstances. In such an emergency, he shall have the power to order the suspension of the hazardous materials operation. The method of suspension shall pose no threat to the public and shall be subject to the approval of the Local Enforcing Officer. The suspension period shall be only as long as the emergency exists.

§ 128-36 Duties of owners and lessees.

Each owner and/or lessee, which shall include individuals, partnerships, corporations and/or other business entities that own or lease property and/or structures wherein and whereon hazardous materials and/or chemicals are manufactured, processed, handled, used or stored in any manner, shall:

Have a permit as required under § 128-37 and display it, upon request, to the Local Enforcing Officer.

Provide MSDS to the Local Enforcing Officer annually as requested with a floor plan or plot plan of its property, indicating the location of hazardous materials and/or chemical storage areas.

§ 128-37 Permits.

Permit required. It is hereby determined that a permit shall be required for the manufacturing, processing, handling, use or storage of hazardous materials. The fee for such permit shall be as set forth in Schedule I, attached hereto and made a part hereof.[1] When the required fee has been paid to the Local Enforcing Officer or other designated official and the other sections of this article have been complied with, a permit shall be issued. The permit shall list, by type and class, the hazardous materials that may be stored on the premises covered by the permit. For each type and class of hazardous materials, the permit shall list the areas in which storage of such hazardous materials is permitted, the amount permitted in each area and the type of storage, such as (by way of example and not limitation) underground tank, aboveground tank, or fifty-five-gallon drum. The type or class of hazardous materials stored in a given area shall not be changed to a different type or to a more hazardous class without written notice to the Local Enforcing Officer at least 48 hours before the change.

[1]

Editor's Note: Schedule I is on file in the Borough offices.

Application for permit; expiration; information to be provided.

(1)

The applicant must provide the Local Enforcing Officer with a fully completed MSDS as required by § 128-36B.

(2)

The applicant must also provide the Local Enforcing Officer, upon request, with a fully completed hazardous materials management plan (HMMP) in accordance with the New Jersey Uniform Fire Code.

(3)

The applicant shall clearly identify each storage tank, vessel and storage area by marking it in accordance with National Fire Protection Association (NFPA) 704 Standard. Underground tanks shall be marked on the fill or vent pipe. Drums and other container storage areas shall be clearly marked, in accordance with the NFPA system, in such a manner as to readily identify the hazardous materials stored therein.

(4)

It is the intention of this article that no permit applicant or holder may store hazardous materials in excess of the amount safely stored during the twelve-month period prior to the date of the introduction of this article. The permit holder shall be permitted to build fixed tanks for the storage of inventory formerly stored in nonfixed containers.

(5)

All buildings and other structures in or upon which hazardous materials are used or stored shall be clearly marked on or about the principal entrance in accordance with the NFPA 704 Standard placed on a fifteen-inch placard with six-inch signals. The Local Enforcing Officer may determine that any additional entrances must be marked in a similar fashion. Determinations of the relative hazards shall be made by the Local Enforcing Officer. It shall be the responsibility of the permit holder to post, maintain and update the placards as needed and to remove them upon vacating the premises of chemical storage. Tampering with the placards shall be a violation of this chapter.

§ 128-38 Required control procedures and regulations.

General.

(1)

All persons engaged in hazardous chemical operations shall carry out such operations in a manner so as to protect the health, safety and welfare of the public from such operations.

(2)

All persons engaged in hazardous chemical operations shall comply with the requirements and the standards set forth in this article. The Local Enforcing Officer may accept equivalent protection where strict compliance would create a hardship.

Specific compliance. Every person engaged in hazardous chemical operations shall:

(1)

Comply with the Building Code, Fire Prevention Code, New Jersey Uniform Fire Code, Electrical Code, Plumbing Code, Sewer Code and such other codes and standards that have been or may be adopted.

(2)

Comply with the National Fire Codes or such codes relating to the hazardous chemical operation as shall be approved by the Local Enforcing Officer. Any person desiring to utilize a standard not approved by the Local Enforcing Officer shall notify him and supply a copy of such code or standard to the Local Enforcing Officer for his approval.

(3)

Comply with State laws and regulations and Federal laws and regulations protecting public safety and health from hazardous materials.

Qualified personnel.

(1)

Every permit holder shall ensure that a qualified person shall be in charge at all times and at each and every place where hazardous chemical operations are carried out. The qualified person shall remain on the premises as long as the manufacture, use, processing or handling of hazardous materials is being carried out and shall return to the premises when required under emergent circumstances. To be a qualified person, the individual shall be knowledgeable in the chemical and physical processes utilized by the permit holder and shall be selected, trained and designated by the permit holder.

(2)

The permit holder shall furnish to the Local Enforcing Officer a list of qualified persons, with their addresses and telephone numbers, to be contacted in the event of any emergency circumstances.

Storage and transfer areas.

(1)

Wherever hazardous materials are present in vehicles or aboveground tanks or other containers, adequate drainage or containment shall be provided. Satisfactory provisions for the prevention, control and countermeasures for leakage or spills of hazardous materials, including a written plan, shall be provided.

(2)

All storage areas for drums, carboys, barrels, bags, cylinders and all other types of containers shall comply with the appropriate provisions of the New Jersey Uniform Construction Code, the Fire Prevention Code and nationally and/or locally recognized standards.

(3)

Each storage tank and storage area shall be clearly marked in accordance with § 128-37B(3) and 128-37B(5) of this article.

(4)

All underground storage tanks containing hazardous materials shall be tested by nationally recognized standards within two years of the adoption of this article and at two-year intervals thereafter, unless other legal requirements impose a more stringent testing protocol. All aboveground tanks shall be inspected, including testing for leaks to nationally recognized standards, as the Local Enforcing Officer may require.

(5)

Tractor-trailers, tank trucks, portable containers, or any other vehicle shall not be utilized for the storage of hazardous materials.

Loading, unloading and transfer.

(1)

All loading, unloading or transfer of hazardous materials shall take place entirely on the permit holder's premises and under the supervision of a qualified person.

(2)

All vehicles carrying hazardous materials shall stand or be parked only in a secure area where they are under the care, custody and control of a permit holder.

(3)

All vehicles containing hazardous materials shall be loaded or unloaded within two working days. If the above requirements cannot be complied with, the Local Enforcing Officer shall be notified immediately by telephone.

(4)

A person who loads or unloads hazardous materials shall comply with the applicable federal laws and regulations.

Buildings and equipment.

(1)

In every building and structure where hazardous chemical operations are carried out, there shall be not less than two approved independent exitways servicing every floor area and leading to less hazardous locations. Stairways shall be enclosed. All exitways and stairways shall meet the construction requirements of the New Jersey Uniform Construction Code and the maintenance requirements of the local Fire Prevention Code and New Jersey Uniform Fire Code.

(2)

Enclosed areas where hazardous chemical operations are carried out shall be provided with an approved automatic sprinkler or other appropriate protection in accordance with the New Jersey Uniform Construction Code under approved supervision.

(3)

Explosion venting shall be provided where hazardous chemical operations are carried out as required by the New Jersey Uniform Construction Code.

(4)

All boilers and pressure vessels associated with hazardous chemical operations shall be in current compliance with applicable state law and regulations. Any such boiler or pressure vessel not in current compliance shall be declared an imminent hazard in accordance with Subsection 13-1.1 and shall be brought to atmospheric pressure and emptied of its contents forthwith, with due regard for the safety of the public.

(5)

All existing buildings and structures and their equipment, tanks, process equipment, and all other facilities used for or associated with hazardous chemical operations shall be brought into and maintained in compliance with federal, state and local public safety laws, regulations or nationally recognized standards within two years from the effective date of this article. Plans for compliance with the requirements may include an increase in the quantity of hazardous materials permitted to be stored when the Local Enforcing Officer has determined that such an increase shall contribute to significantly reducing the exposure of the public to hazardous materials. All such plans shall be submitted for approval to the Local Enforcing Officer and as required by ordinance.

(6)

All containers containing hazardous waste, oil, waste oil or oil-coated products stored outside shall be kept on an impervious surface, such as concrete, lined, if necessary, with adequate provisions made to control leakage and spillage. All unusable or otherwise unsafe drums, barrels, carboys or other containers used for the storage or transportation of materials shall not remain on a premises for more than 90 days without authorization from the Local Enforcing Officer. Any containers intended for reuse must have all prior labels removed, be appropriately cleaned and be identified with the new intended use and shall be stored in a safe manner.

Pollution. Every permit holder shall conduct hazardous chemical operations so as to prevent the release of noxious or toxic fumes, mists, dusts, vapors, gases, odors or other emissions into the atmosphere and liquid or solid wastes to the earth or natural waters. Any violation of state and federal air or water pollution or solid waste laws or regulations shall also constitute a violation of this chapter. The cleanup of leaks or spills shall be the responsibility of the permit holder or the owner.

Emergency notification. In the event of any fire, explosion, structural failure or other unplanned or accidental release relating to hazardous materials, the permit holder shall immediately notify the Police and Fire Departments, which will in turn notify the Local Enforcing Officer. Such notification shall be required, notwithstanding the permit holder's actual or anticipated ability to control the accident without affecting public safety.

Training. Each person who carries out hazardous chemical operations shall instruct each of his officers, agents and employees having any responsibility for such operations as to applicable requirements in this article.

Abandonment or removal of tanks. The abandonment or removal of tanks which contain hazardous materials shall comply with the appropriate sections of the New Jersey Uniform Construction Code, the Fire Prevention Code or such other equivalent requirements acceptable to the Local Enforcing Officer.

§ 128-39 Maintenance of trade secrets; responsibility of Local Enforcing Officer.

The Local Enforcing Officer shall use all reasonable means to see that information clearly designated by an applicant or permit holder as a trade secret is maintained as such. Such information shall be used by the Local Enforcing Officer and such experts as are utilized by the Borough on a need-to-know basis in order to perform their duties. Such information shall not be made available to other persons unless clearly required by an emergency situation.

§ 128-40 Violations and penalties.

Continuance deemed separate violation. Every day that the provisions of this article are being violated by an owner and/or lessee of any building or location shall constitute a separate and distinct violation of this article.

Violations and penalties.

(1)

Service of notice. Any person, firm or corporation who or which shall, as principal or agent, violate any of the provisions of this article and shall fail, within 15 days after notice of a violation complained of, served personally or by certified mail, to abate the violation shall, upon conviction thereof, be liable to the penalty. Each and every day of the continuation of the violation following the 15th day after notice requiring its abatement shall be considered a separate and specific violation of this article.

(2)

Extension of time limit. The Local Enforcing Officer, upon proof by the owner and/or lessee, may, in his discretion, extend the fifteen-day time limit to abate if he determines that the violator is making good faith efforts to abate the violation.

§ 128-41 Appeals; fee.

An application for appeal must be submitted to the Mayor and Council within seven days of the date of notice or order of the Local Enforcing Officer. All appeals to the Mayor and Council shall be accompanied by a fee of $200.

The Mayor and Council shall make its decision within 30 days of the receipt of the appeal.

Any prosecution in Municipal Court dealing with the subject matter of the appeal shall be stayed pending the outcome of the appeal.

§ 128-42 Applicability; exceptions.

This article shall not apply to vehicle and/or cooking or heating fuels when stored for on-premises consumption by the owner or tenant.

This article shall cover nonresidential use, including the sale of liquefied petroleum gas.

This article shall not cover gasoline stations, liquor stores or taverns, retail dry-cleaning plants, nor shall the article cover the use of hazardous materials on residential properties for noncommercial purposes.

The required control provisions of § 128-38 shall apply to any industry using or storing hazardous materials or hazardous or petroleum waste if determined to be a hazard by the Local Enforcing Officer.

This article shall apply to the bulk storage of Level III aerosol products, including those in consumer packaging, as defined in Factory Mutual Standard 7-29S, which is hereby adopted by reference.

This article shall not apply to fire-fighting or suppression equipment as defined by NFPA.

§ 128-43 Reimbursement for use of services and equipment for spills, leaks and fires.

Definitions. As used in this section, and as may be applicable to the balance of this article, the following terms shall have the meanings indicated:

EXPENDABLE ITEMS

Any items used to extinguish any fire or stop or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment, to include but not be restricted to acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIAL

Any material solid, liquid or gas listed as such under the current National Fire Protection Association Guide to Hazardous Materials or U.S. Department of Transportation Emergency Response Guide Book or any other material that the Local Enforcement Officer at the scene classifies as such in order to protect the public safety, health or environment under the emergency conditions present.

VEHICLE

Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers and construction equipment.

VESSEL

Any container, drum, box, cylinder, tank, tanker truck, and/or similar storage mechanism, whether fixed or mobile, used to hold, contain, carry or store any hazardous material.

Purpose.

(1)

This section provides for the replacement or reimbursement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the Borough in case of fire, leakage or spillage involving any hazardous material.

(2)

This section entitles the Local Enforcing Officer to reimbursement for any expendable items used by the by the Carteret Fire Department or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials.

Responsibility for reimbursement for expendable items. Reimbursement to the Local Enforcing Officer for any expendable items used shall be made by the following parties:

(1)

The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

(2)

The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.

(3)

The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.

(4)

Any person responsible for any fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.

Reimbursement for services. Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.

Time limit for payment. Any person, owner or company responsible for any fire, leak or spill of hazardous material shall reimburse the Fire Department for the full price of any expendable items used to extinguish such a fire, stop or contain such a leak or control such a spill within a period of 45 days after receipt of a bill for such items from the Fire Department.

Violations and penalties. Any person, owner or company responsible for any fire, leak or spill of hazardous materials who fails to reimburse the Fire Department within the time set forth in this article shall be subject to a fine of not less than $50 nor more than $500 per day or to imprisonment for a period of not more than six months, or both.[1]

[1]

Editor's Note: Former Art. VI, Charges for Fire Response Services, adopted 4-10-2008 by Ord. No. 08-07, which immediately followed this section, was repealed 8-21-2008 by Ord. No. 08-24.