[HISTORY: Adopted by the Borough Council of the Borough of Carteret: Art. I, 4-21-1983 as Ord. No. 83-19; Art. II, 12-19-1991 as Ord. No. 91-50 (which superseded former Art. II, Petroleum Products, adopted 4-5-1990 as Ord. No. 90-11). Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 137.
Liquid spills — See Ch. 218.
Tractor trailers — See Ch. 240.
Unattended trucks — See Ch. 249.
[Adopted 4-21-1983 as Ord. No. 83-19]
All trucks carrying hazardous or toxic materials, as the same are identified in a booklet entitled "Hazardous Materials," dated 1980, promulgated by the Department of Transportation, United States of America, and on file with the Borough Clerk's office, and which trucks remain in the borough for four (4) or more hours must follow the following procedures:
A. 
The operator of a truck covered by this Article who shall remain on the land of another shall deliver to the property owner, lessor, renter or agent of said person a copy of the truck's bill of lading, which shall identify the nature and amount of the cargo. Said bill of lading shall remain on file with the property representative until such time as said truck leaves the property.
B. 
The bill of lading shall be made available for inspection to any representative of the Borough Police Department, Health Department, First Aid Squad, Department of Civil Defense and Fire Department upon the presentation of proper credentials.
[Amended 4-19-1990 by Ord. No. 90-16]
Any person or persons who violate any provision of this Article shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.
[Adopted 12-19-1991 as Ord. No. 91-50]
The following words and terms, when used in this Article shall have the following meanings, unless the context clearly indicates otherwise:
HAZARDOUS SUBSTANCES
Petroleum, petroleum products, pesticides, solvents and other substances as set forth in N.J.A.C. 7:1E-1.7.
PORTABLE FLOATING BOOM OR LIKE APPARATUS
A chain linked or attached sections of floatable solid nonflammable material which has been designed for the purpose of enclosing oil spills upon the Arthur Kill. Said boom shall be of such dimensions both above and below the water as to operate at maximum efficiency consistent with the tides and winds in the Carteret, Woodbridge, Perth Amboy waterfront area.
NONMISCIBLE LIGHTER-THAN-WATER
Having a density less than water and not mixing with water to an appreciable degree.
VESSEL
Includes all above-the-water vehicles, whether they are self-propelled or pulled or pushed or whether they are intercoastal, and including but not restricted to tankers, barges, floating platforms of all types and sizes, ships and boats of all dimensions and any and all types of water vehicles that can be utilized for the purpose of transferring hazardous substances.
All vessels which dock at terminals or like industries within the Borough of Carteret for the transferring of hazardous substances to or from said terminals or industries shall deploy a portable floating boom or like apparatus prior to commencing the transfer of any nonmiscible lighter-than-water hazardous substance with a flash point in excess of one hundred degrees Fahrenheit (100º F.) [thirty-eight degrees Celsius (38º C.)] as measured by the Penske-Martens close cup flash test (ASTM D-93, incorporated here by reference).
If a containment device is required by this Article to be in place during the transfer of a hazardous substance, the device shall be deployed at least fifteen (15) feet from the docked vessel so that, if spillage should occur, said spillage would be contained in the boomed area; provided, however, that no booming shall be necessary on the dockside of the vessel, but said boom is to originate at some point before the bow of the vessel and terminate at some point behind the stern of the vessel so that the dock itself would thereby constitute one (1) side of the boomed-in area.
The owner or operator of the terminal or like industry shall be responsible for supplying, maintaining and deploying the portable floating boom or like apparatus as well as providing the necessary training personnel to efficiently deploy such containment device.
The Police Department and Fire Department of the Borough of Carteret are jointly or severally authorized to enforce the provisions of this Article.
Any person, firm or corporation violating the provisions of this Article may be subject to a penalty in an amount not to exceeding five hundred dollars ($500.). Each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct event.