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.
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"Hazardous waste" shall also be defined as set
forth in the Hazardous Waste Management Regulations of the New Jersey
Department of Environmental Protection.
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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]
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.
[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.