[HISTORY: Adopted by the Township Committee
of the Township of Hanover 2-24-1983 by Ord. No. 12-83. Amendments noted where
applicable.]
The short title of this chapter shall be the
"Hazardous Substances Ordinance."
The purpose of this chapter is to provide for
the proper use, handling and storage of hazardous substances within
the Township of Hanover and to provide for an effective enforcement
system for the rules and regulations concerning the use, handling
and storage of hazardous substances.
As used in this chapter, the following terms
shall have the meanings indicated:
The Health Administrator/Environmental Specialist, the Sanitarian/Zoning
Officer and members of the Hanover Township Police Department.
[Amended 6-12-1986 by Ord. No. 21-86]
Any building or structure falling under the use group classifications
of assembly, business, factory/industrial, high hazard, institutional,
mercantile and storage as defined in the BOCA Basic Building Code
(1981 Edition) per Article 3, Sections 302.1, 303.1, 304.1, 305.1,
306.1, 307.1 and 309.1.
A substance or combination of substances which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness: or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of, or otherwise managed.
All substances defined under N.J.A.C. 7:1E-1.3(j)
and listed in Appendix A of N.J.A.C. 7:1E-1.3(j), entitled "List of
Hazardous Substances," promulgated April 28, 1982, by the New Jersey
Department of Environmental Protection, a copy of which is on file
with the Township Clerk and which is incorporated herein by reference.
Petroleum and petroleum products.
All pesticides designated as prohibited, restricted
or specially restricted pursuant to the New Jersey Pesticide Control
Act of 1971 (N.J.S.A. 13:1F-1 et seq.) and N.J.A.C. 7:30-1.5 through
1.7.
Substances designated as hazardous substances
by the Federal Environmental Protection Agency pursuant to Section
311(b)(2)(A) of the Federal Water Pollution Control Act Amendments
of 1972, as amended by the Clean Water Act of 1977, 33 U.S.C. § 1321.
Substances designated as toxic pollutants by
Congress for the Environmental Protection Agency pursuant to Section
307 of the Federal Pollution Act Amendments of 1972, as amended by
the Clean Water Act of 1977, 33 U.S.C. § 1317.
Any other substance listed in Appendix A.
Any substance defined as a hazardous substance
in Section 101(14) of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA); hazardous wastes adopted by the
United States Environmental Protection Agency pursuant to Section
3001 of the Resource Conservation and Recovery Act of 1976 (RCRA).
[Added 6-12-1986 by Ord. No. 21-86]
A questionnaire form prepared by and made available from
the Township of Hanover's Department of Administration in cooperation
with the Hanover Township Board of Health.
[Amended 6-12-1986 by Ord. No. 21-86]
[Amended 6-12-1986 by Ord. No. 21-86]
Hazardous substances shall only be used, stored
or handled pursuant to and in accordance with the codes known as the
"BOCA Basic Fire Prevention Code (1981)," the "Life Safety Code NFPA
101 (1981)" and the "Resource Conservation and Recovery Act of 1976
(RCRA)," of which codes not less than three copies have been and are
filed in the office of the Clerk of the Township of Hanover, the office
of the Construction Code Official of the Township of Hanover and the
office of the Board of Health, and the same are hereby adopted and
incorporated as if fully set forth at length.
[Amended 6-12-1986 by Ord. No. 21-86; 12-10-1987 by Ord. No.
35-87]
It shall be unlawful for any person, corporation or partnership to store, use or handle hazardous substances within or surrounding a facility located within the Township without first completing the hazardous substance questionnaire on an annual basis. The term "facility" is defined pursuant to § 162-3 of this chapter. The questionnaire form shall be mailed by the Department of Administration to all persons, corporations or partnerships which are affected by the provisions of this chapter. It shall be the responsibility of all persons, corporations or partnerships completing the application form to return the form and the annual application fee within 30 days from the receipt of the application packet.
[Added 6-12-1986 by Ord. No. 21-86]
A.
The facility landowner or lessee, their agents or other persons with legal authority of a facility which uses, stores or handles hazardous substances shall allow any authorized representative(s), as referred to under § 162-3 of this chapter, upon the presentation of credentials and other documents as may be required by law, to:
(1)
Enter upon the premises where hazardous materials
exist or might be located or records required are kept, for purposes
of inspection, sampling, copying or photographing. Photography shall
be allowed only as related to this chapter.
(2)
Have access to any copy, at reasonable times, of any
records that must be kept under the conditions of this chapter.
(3)
Inspect, at reasonable times, any facilities, equipment
(including monitoring and control equipment), practices or operations
regulated or required under this chapter.
(4)
Sample or monitor, at reasonable times, for the purpose
of assuring ordinance compliance.
B.
Any refusal by the facility landowner(s), facility
lessee(s), their agents or any other person(s) with legal authority
to allow entry to the authorized representatives shall be in violation
of this chapter.
C.
The facility landowner(s), facility lessee(s), their
agents or any other person(s) with legal authority waives all rights
to prevent inspections by authorized representatives to determine
the extent of compliance with any and all conditions of this chapter
and agrees not to, in any manner, seek to charge said representatives
with the civil or criminal act of trespass when they enter the premises
occupied by the permittee in accordance with the provisions of this
authorization as set forth hereinabove.
[Amended 6-12-1986 by Ord. No. 21-86]
A.
It shall be the responsibility of any person, corporation or partnership which stores hazardous substances to file a completed questionnaire form and fee with the Township on an annual basis. The date on which the questionnaire is first completed shall serve as the anniversary date for subsequent filings. Said questionnaire form shall be completed within 30 days from the date of receipt. The annual filing fees for the storage of substances pursuant to the provisions of this chapter shall be as provided in Chapter 125, Fees, of the Code of the Township of Hanover.
[Amended 12-10-1987 by Ord. No. 35-87; 7-11-1991 by Ord. No. 16-91]
B.
The annual fees shall be payable to the Township of
Hanover by check or money order and shall accompany the annual questionnaire
form, which shall be returned to the Township's Department of Administration.
[Amended 6-12-1986 by Ord. No. 21-86]
Any time that any person, corporation or partnership which stores hazardous substances changes the reported maximum volume or the type of hazardous substance or the method of handling or storing said hazardous materials, the Health Administration/Environmental Specialist shall be notified by telephone within 24 hours of the change. In addition, a new hazardous substances questionnaire shall be completed with the payment of a revised storage fee, which shall reflect the difference between the original fee and the new fee required in accordance with the fee schedule as provided for in § 162-8. The revised questionnaire form and fee shall be filed with the Department of Administration within seven days from the date of telephone notification to the Health Administrator/Environmental Specialist.
[Amended 6-12-1986 by Ord. No. 21-86]
It shall be the responsibility of the Township's
Department of Administration to coordinate the implementation and
administration of the chapter. The Department of Administration shall
serve as the central repository for the completed questionnaires.
It shall be the responsibility of said Department to provide copies
to the following departments and agencies:
[Added 12-10-1987 by Ord. No. 35-87]
The annual filing fee for storage of substances
pursuant to the provisions of this chapter shall be waived for the
following types of facilities:
[Added 12-10-1987 by Ord. No. 35-87]
It is not necessary to include materials into
the inventory which are purchased in normal retail quantities, packaged
in consumer packaging and used for the normal operation and maintenance
of the offices, buildings and grounds at a facility (e.g., touch-up
paints, fire extinguishers, cleaners and office and janitorial supplies).
Materials received in bulk, rather than retail, packaging (e.g., certain
dyes, solvents or pesticides) shall be listed.
[Added 12-10-1987 by Ord. No. 35-87;
amended 7-11-1991 by Ord. No. 16-91]
Whenever additional inspections of a facility defined herein are necessitated by reason of an unsatisfactory initial inspection, the facility landowner(s), facility lessee(s), their agents or any other person with legal authority shall be assessed and the Township of Hanover reimbursed for the cost of such inspections at a rate per hour or part thereof as provided in Chapter 125, Fees, of the Code of the Township of Hanover. These costs may be made a lien and special assessment against the parcel of land on which the business is located, but implementation of such an assessment procedure shall not be the exclusive remedy of the Township for recovery of such costs.
[Added 12-10-1987 by Ord. No. 35-87]
Whenever a business which handles hazardous
substances intends to cease or ceases doing business at a location,
the business shall immediately notify the Township of Hanover Health
Department.
[Added 12-10-1987 by Ord. No. 35-87]
Information provided in the hazardous substance
questionnaire shall be deemed a public record subject to public inspection
and copying, except where the information involved is a trade secret
or is otherwise excepted under law from requirement of public disclosure.
[Added 12-10-1987 by Ord. No. 35-87]
A.
Identification.
(1)
If a business believes that the disclosure of information
requested involves a trade secret which the business wishes to protect
from public disclosure, the business shall identify or list on an
additional and separate page of the hazardous substance questionnaire,
conspicuously marked or labeled as containing trade secret information,
the hazardous substance or other information that it claims should
be protected as a trade secret. The trade secret information shall
not be as set forth in any other part of the application.
(2)
Within 60 days of filing a hazardous substance questionnaire
in which a business has claimed a trade secret, the business shall
file with the Township a written substantiation of the trade secret
claim. It shall also file with the Township a signed written agreement
in a form acceptable to the Township Attorney which indemnifies the
Township for the Township's litigation expenses and costs, if any,
and for any awards of damages and attorneys' fees arising out of litigation
resulting from a Township refusal to disclose information claimed
by the business to be a trade secret in the event such nondisclosure
is found by a court of competent jurisdiction to be unwarranted.
C.
Disclosure to public officers and employees. Trade
secret information obtained by the Township may be disclosed to an
officer or employee of the Township of Hanover or other public entity,
provided that such disclosure is in connection with the official duty
of such officer or employee under any fire suppression, health, safety
or environmental law. Trade secret information may be disclosed to
Township contractors and to their employees if, in the judgment of
the Township Administrator, such disclosure is necessary for the performance
of a contract with the Township and to protect the health or safety
of the employees of the contractor.
D.
Acknowledgment of receipt. Recipients of trade secret information pursuant to Subsection C of this section must file with the Township, at the time of receipt of such information, a completed, dated and signed written acknowledgment of receipt of said trade secret information. The acknowledgment shall state that the individual signing it is aware of the confidentiality of the information received, the restrictions on its use and dissemination and the penalties for unlawful dissemination as set forth in this section.
E.
Disclosure for medical purposes. Trade secret information
may be disclosed to a paramedic or medical doctor by the Township
when necessary for the purposes of treating a patient, so long as
the paramedic or doctor is first advised that any disclosure of the
information which is not necessary for the treatment of the patient
would constitute a misdemeanor.
F.
Penalty for unauthorized disclosure. A person in possession
of trade secret information disclosed to the Township pursuant to
this section who knowingly makes further disclosure thereof to any
person not entitled to receive such information is guilty of a misdemeanor.
G.
Disclosure pursuant to Public Records Act.
(1)
The Township, upon receipt of a written request under the Public Records Act from any person for the disclosure of information which a business has notified the Township it seeks to protect as a trade secret pursuant to Subsection A of this section, shall notify the business within two working days by personal service or certified mail, return receipt requested, that a request for disclosure of trade secret information has been received by the Township. The Township shall also inform the business that it should immediately file the written substantiation of its claim of trade secret required by Subsection A of this section, if it has not already done so, and any other relevant information it may wish to file with the Township.
(2)
Upon receipt of a request for disclosure of trade
secret information, the Township shall forward a copy of the request,
together with any substantiation of the trade secret claim and the
Township's proposed determination to the Township Attorney for review
and comment.
(3)
Within 10 days after the receipt of a written request
for disclosure of trade secret information, the Township shall make
a final determination whether or not to comply with the request and
shall immediately notify both the person requesting the information
and the business of such determination and the reasons therefor.
H.
National defense classification. Information certified
by an appropriate official of the United States as classified for
national defense purposes shall be accorded whatever protection against
disclosure is directed by such official as specified by applicable
federal law.
[Added 12-10-1987 by Ord. No. 35-87]
A.
A nuisance exists where a business handles a hazardous substance which has not been disclosed as required by § 162-5 of this chapter. If a business is not in compliance with the requirements of said § 162-5, then the Township may recover the costs of obtaining the necessary information concerning the handling of hazardous substances by the business, together with any administrative costs and fees, as a lien and special assessment against the parcel of land on which the business site is located.
B.
In the event that such nuisance exists, the enforcement official shall give notice to the on-site manager and the owner of the business, as well as the property owner, that the business must immediately file a completed hazardous substance questionnaire as required under § 162-5 of this chapter. The notice shall state that if the questionnaire is not so filed the enforcement official may conduct a special inspection or other action necessary to obtain the required information concerning the handling of hazardous substances at the business site, that the costs of obtaining such information, together with any administrative costs and fees, may become a special assessment against the parcel, and that, upon Township Committee confirmation of the assessment and recordation of such an order, a lien will be attached to the subject property to be collected on the next regular property tax bill.
C.
In the event that a hazardous substance questionnaire
is not filed by the business as so required, the enforcement official
may conduct a special investigation or other appropriate action necessary
to obtain information concerning the handling of hazardous substances
at the business site.
[Amended 12-10-1987 by Ord. No. 37-87; 7-11-1991 by Ord. No. 16-91]
Any person, corporation, partnership or facility
violating this chapter shall be subject, upon conviction in the Municipal
Court, to a fine of not less than $1,000 and/or imprisonment up to
90 days or both. Each day that a particular violation continues shall
constitute a separate violation.
