Township of Mount Laurel, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mount Laurel 12-27-1982 as Ord. No. 1982-39. Section 87-1A(2) amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, trash and refuse — See Ch. 85.
ATTACHMENTS
087a Schedule A
A. 
The purposes of this chapter are as follows:
(1) 
The township has been informed that quantities of hazardous waste are being transported in and along the roads and streets of the Township of Mount Laurel and believes that same may be delivered to commercial and industrial entities for any purpose and may be delivered by said entities outside the township by utilizing said roads.
(2) 
The transporting of said wastes without the supervision of the Division of Police and the Fire Department and other fire and safety entities within the jurisdiction and control of the Township of Mount Laurel presents a potential threat to the public health, safety and welfare of the Township of Mount Laurel.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
The Township Council believes that federal and state laws and regulations inadequately provide for the health, safety and welfare of the residents of the Township of Mount Laurel with respect to the transportation of said wastes within the limits of the Township of Mount Laurel.
(4) 
The township hereby declares that it does not intend to sanction, permit or authorize the existence of facilities that treat, store or dispose of hazardous waste in the Township of Mount Laurel by the adoption of this chapter.
B. 
The obligations imposed by this chapter shall be in addition to the obligations imposed on generators, transporters and facilities that treat, store or dispose of hazardous waste by other federal, state and local laws and regulations.
As used in this chapter, the following terms shall have the following meanings:
GENERATOR OF HAZARDOUS WASTE
An entity located in the Township of Mount Laurel which generates 10 kilograms of hazardous waste per month for any purpose.
HAZARDOUS WASTE
Wastes which are defined by the Resource Conservation and Recovery Act and implementing regulations thereto, e.g., 40 C.F.R. 261 et seq., as amended, as being hazardous waste, which shall exclude gasoline and oil and other wastes excluded by 40 C.F.R. 261.4, including household waste and solid waste generated by any of the following and which are returned to the soil as fertilizers:
A. 
The growing and harvesting of agricultural crops.
B. 
The raising of animals, including animal manure.
"Hazardous waste" shall also be defined as set forth in the Hazardous Waste Management Regulations of the New Jersey Department of Environmental Protection.
TRANSPORTER OF HAZARDOUS WASTE
Any person or entity which engages in the business of transporting or otherwise carrying hazardous waste.
TREATMENT, STORAGE OR DISPOSAL FACILITY
An entity located in the Township of Mount Laurel which treats, stores or disposes of any amount of hazardous waste for any purpose.
A. 
No transporter shall transport, carry or haul hazardous waste in and along any township street or right-of-way or easement without registering its intent to do same with the Director of Public Safety of the Township of Mount Laurel in accordance with terms and conditions of this chapter.
B. 
No generator of hazardous waste located in the Township of Mount Laurel shall deliver, transport or arrange for the transportation or delivery of any such waste without first registering its intent to do same with the Director of Public Safety in accordance with the terms and provisions of this chapter.
C. 
No treatment, storage or disposal facility located within the Township of Mount Laurel shall receive a shipment of hazardous waste without first registering its intent to do same with the Director of Public Safety in accordance with the terms and provisions of this chapter.
A. 
Transporters, generators and treatment, storage or disposal facilities shall each register its intent to transport, deliver or receive hazardous waste by notifying the Director of Public Safety in writing not less than 24 hours prior to the moment of such wastes entering the township or, in the case of a generator, being delivered or transported, whichever the case may be.
B. 
Said notice shall be in writing and in a form satisfactory to the township, which shall include but not be limited to correspondence, mailgram or telegram. Said entities may telephone the Director of Public Safety 48 hours prior to said moment, provided that a written notice is immediately forwarded to confirm said call. Any changes in the time or routes shall be immediately communicated not less than two hours prior to the moment, said notice to be by telephone with immediate written confirmation following.
C. 
Said notification shall also set forth in determining the following information:
(1) 
The route through the township.
(2) 
The time of arrival.
(3) 
The description and quantity of waste.
(4) 
The name and address of a generator or generators of hazardous waste within or without the Township of Mount Laurel.
(5) 
The name and address of the transporter of hazardous waste.
(6) 
The license number and description of the vehicle that will be used to transport hazardous waste.
(7) 
The phone number of the transporter, generator or treatment, storage or disposal facility of the hazardous waste, whichever the case may be.
(8) 
The individual assigned to communicate with the Township of Mount Laurel with respect to the existence of hazardous waste in the township during the transportation, delivery or receipt of same.
(9) 
Such other information as the Director of Public Safety may deem appropriate in a particular set of circumstances.
In the event there is a spill of hazardous waste in the course of transporting same, the generator, transporter or treatment, storage or disposal facility, whichever the case may be, shall immediately notify the township telephonically of said spill and immediately cleanup or arrange for the cleanup of said spill to the satisfaction of the township.
Signs shall be posted in the appropriate locations in and along streets and roads of the Township of Mount Laurel and federal and state highways, if permitted, setting forth the notice that the transportation, delivery or receipt of hazardous waste within the Township of Mount Laurel requires registration with the Director of Public Safety or is subject to a fine.
Any action involving hazardous waste in violation of this chapter shall be deemed to be a threat to the public health, safety and welfare of the residents of Mount Laurel and is therefore declared to be a public nuisance.
The following regulations shall apply to all transporters of hazardous waste in the Township of Mount Laurel:
A. 
The transporters shall keep their headlights on at all times while in the township.
B. 
The transporters shall keep a three-hundred-foot distance from other vehicles while on the same road.
C. 
No vehicle transporting hazardous waste shall be left unattended.
D. 
No stopping or standing on township roads is permitted except to load or unload the hazardous waste.
E. 
Transporters shall immediately notify the Township Director of Public Safety in the event of a vehicle breakdown.
[Added 5-2-1983 by Ord. No. 1983-12[1]]
A. 
The Township Council hereby makes the following declarations:
(1) 
The township has been informed that quantities of hazardous waste are being transported or hauled in and along the roads and streets of the Township of Mount Laurel and believes that same may be delivered to commercial and industrial entities for any purpose and may be delivered by said entities from outside of the township by utilizing said roads.
(2) 
The use of the township streets and roads for the transportation of hazardous waste presents a potential threat to the public health, safety and welfare of the Township of Mount Laurel since accidents may occur with disastrous results.
(3) 
The Township Council believes that federal and state regulations inadequately provide for the health, safety and welfare of the residents of the Township of Mount Laurel with respect to the transportation of said substances within the limits of the Township of Mount Laurel.
(4) 
The Township Council believes that it would be in the best interests of the township to prohibit the use of the township streets and roads with certain exceptions for the transportation of hazardous waste in order to protect the health, safety and welfare of the residents of the Township of Mount Laurel.
(5) 
The selection of the hereinafter designated streets and roads for use for the transportation of hazardous waste is based upon the following factors:
(a) 
The conditions of the roads, i.e., the better the condition, the better the chance of the road being selected.
(b) 
The easiest and least circuitous route to known hazardous waste delivers, receivers or transporters.
(c) 
Roads least likely to have frequent accidents based upon traffic analysis.
(d) 
Streets and roads farthest from schools, medical clinics and residential areas.
(e) 
Streets and roads which are the farthest from water sources and other environmentally sensitive areas such as floodplains.
(6) 
The adoption of the regulations set forth in this section is without prejudice to the township's rights and position to challenge the location of any hazardous waste treatment or disposal site in the Township of Mount Laurel.
B. 
The Township Council hereby prohibits the transportation of hazardous waste in and along Township streets and roads except upon the streets and roads set forth in the attached Schedule A.[2]
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 87-9, Violations and penalties, to become § 87-10.
[Amended 10-1-1984 by Ord. No. 1984-33; 9-5-1989 by Ord. No. 1989-29]
Any person or entity who violates any of the provisions of this chapter shall be subject, upon conviction in the Mount Laurel Municipal Court, to a fine not exceeding $1,000 for each offense or to imprisonment in the county jail for a term not exceeding 90 days, or both, or by a period of community service not exceeding 90 days, at the discretion of the Judge. Each and every day that the condition occurs shall be deemed to be a separate offense.