[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.
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]
(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:
An entity located in the Township of Mount Laurel which generates
10 kilograms of hazardous waste per month for any purpose.
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:
Any person or entity which engages in the business of transporting
or otherwise carrying hazardous waste.
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.
[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.
