This article establishes a code prohibiting the pollution of the surface
and ground waters (water pollution) within the Borough of New Providence and
further prohibiting the discharge of hazardous substances into the surface
or ground water within the Borough of New Providence. The New Providence Board
of Health is empowered to adopt ordinances to protect the public water supply
and prevent the pollution of the ground and surface waters of the Borough
of New Providence and to prevent the use of or to close any well, the water
of which is polluted or detrimental to the public health. The New Providence
Board of Health is further empowered to enforce the making of returns or reports
to the New Providence Board of Health on the part of any person with such
duty under any law and to take cognizance of any failure to make such returns
and reports and deal with the same in an effective manner. The New Providence
Board of Health is further empowered to prohibit any nuisances, offensive
matter, foul or noxious odors, gases or vapors that are injurious to the health
of the inhabitants of the Borough of New Providence and to order the abatement
of such action.
A.
No person shall pollute or permit to be polluted any
stream of water or well, the water of which is used for domestic purposes,
or any well, spring, stream, lake or any body of water in such manner as to
cause or threaten injury to any of the inhabitants of the Borough of New Providence,
either in health, comfort or property, or to cause or threaten degradation
of water quality resulting in damage to the aquatic community or wildlife
adjacent to the affected body of water.
B.
All persons shall maintain their premises, storage and
other facilities so as to prevent water pollution from gaining access to any
stream of water or well, the water of which is used for domestic purposes,
or any well, spring, stream, lake or any body of water whether designated
as ground or surface water in such manner as to cause or threaten injury to
any of the inhabitants of this Borough, either in health, comfort or property,
or to cause or threaten degradation of water quality resulting in damage to
the aquatic community or wildlife adjacent to the affected water body.
Allowing a discharge of a hazardous substance into the ground or surface
waters of the Borough of New Providence or to remain upon the ground so that
it could enter into the surface or ground water of the Borough of New Providence
is prohibited.
Any discharge of a hazardous substance shall be reported by the owner,
operator or person in charge of any facility or vehicle from which the discharge
occurs to the New Providence Board of Health immediately upon its occurrence,
by telephone. Within 24 hours of the telephone report, the owner, operator
or person in charge shall submit to the New Providence Board of Health a written
report setting forth the time, place, date and persons present with addresses
and details of the discharge of the hazardous substance, These reports shall
set forth the amount of the discharge, a thorough description of the hazardous
substance, the proposed method of abatement and the estimated cost of the
removal of the hazardous substance. A report of all steps being taken to clean
up the discharge shall be filed every 72 hours thereafter until the New Providence
Board of Health determines that the discharge has been correctly abated. The
requirement for follow-up reports may be waived in writing by the New Providence
Board of Health.
The owner, operator or person in charge of the facility or vehicle wherein
or from which a discharge of a hazardous substance occurs shall provide access
to the area and records involving the discharge and the substance discharged
to the agents and employees of the Borough of New Providence for the purpose
of taking samples, photographs, photocopies of documents and statements from
witnesses as to the discharge or substance discharge.
The owner, operator or person in charge of the facility or vehicle from
which the discharge of hazardous substances occurs shall take all steps necessary
to stop the discharge and remove or contain the hazardous substance so that
under no circumstances can it reach the public water supply or pollute the
surface or ground waters of the Borough of New Providence.
A.
For the purpose of enforcement of this article, the New
Providence Board of Health, its employees and agents may inspect business,
agricultural, commercial, industrial and/or landfill sites and shall be permitted
to enter upon such public and private property and examine, test and take
samples of any and all substances which may affect ground or surface water,
including but not limited to water, solid materials, soil, spills, subsurface
disposal systems, underground and aboveground storage tanks and discharges
of any nature into the air, ground or otherwise.
B.
For the purposes of enforcement of this article, the
New Providence Board of Health, its employees and agents may require that
information be provided to the Department by the owner or occupant of a business,
agricultural, commercial, industrial, landfill or other site regarding chemicals
used, produced and/or disposed of at said site, including but not limited
to:
(1)
All information made available to the State of New Jersey,
Department of Environmental Protection or the United States Environmental
Protection Agency.
(2)
Quantity.
(3)
Trade name.
(4)
Generic name.
(5)
Method of storage.
(6)
Method of disposal.
(7)
Any other persons or parties involved in disposal.
(8)
On-site treatment facilities for waste products.
C.
In the event the information requested is a trade secret,
or samples taken by the New Providence Board of Health are trade secrets,
such information shall be restricted and revealed only to those parties whose
knowledge of such information is necessary for the enforcement of this article.
A.
Every owner or occupant of a business, agricultural,
commercial, industrial, landfill or other site storing hazardous materials
in quantities totaling more than 55 gallons liquid volume or 25 pounds dry
weight shall register with the New Providence Board of Health the types, quantities,
location and method of storage and disposal of said hazardous substances.
However, the registration requirement of this subsection shall not apply to
any site used exclusively for residential purposes. The registration statement
required by this provision shall be initially submitted to the New Providence
Board of Health within 90 days after the effective date of this article and
annually thereafter within 30 days of January 1 of each calendar year.
B.
In addition to submitting the registration statement
required by Subsection A of this section, the owner or occupant of a business,
agricultural, commercial, industrial, landfill or other site for which a registration
statement is required under Subsection A above shall maintain on the premises
an inventory, reconciled on a monthly basis of the purchase, use, sale and
disposal of all hazardous substances. The purpose of this account is to detect
any product loss and to provide an ongoing record of all quantities of hazardous
materials within the Borough of New Providence over the registration threshold.
If the owner of the premises refuses to permit entry to the New Providence
Board of Health, its agents or employees for the purposes set forth in this
article, the Board may apply to the Municipal Court Judge of the municipality
within which the premises are located for a search warrant. The application
shall be based upon an affidavit setting forth that the entry, examination,
test or sample is for the purposes set forth in this Article, and that conditions
and circumstances provide a reasonable basis for believing that such entry,
examination, test or sample may enable the New Providence Board of Health
or any other governmental agency to protect the public water supply or prevent
the pollution of the groundwaters or surface waters of the Borough of New
Providence. If the Judge is satisfied as to the matter set forth in the affidavit,
he/she shall authorize the issuance of either an administrative inspection
warrant or a search warrant permitting access to the premises for those purposes
set forth in this article.
A.
In the event it is determined by the New Providence Board
of Health that the water in any well is polluted or detrimental to the public
health, it is herewith empowered to prevent the use of or close said well,
B.
All water testing laboratories shall report to the New
Providence Board of Health, within three working days, all testing results
of public and private water supplies, including wells located in the Borough
of New Providence, which:
C.
In the event that a substance constitutes a priority
pollutant under Subsection B(1) above, as well as a contaminant under Subsection
B(2) above, the testing results shall be reported to the New Providence Board
of Health only if they see they exceed the current maximum contaminant level
set forth in Subsection B(2) above.
In the event it is determined by the New Providence Board of Health
that any person is doing or permitting any act which is polluting the surface
or ground waters of the Borough of New Providence in such a manner as to cause
or threaten injury to any of the inhabitants of the Borough of New Providence,
either in health, comfort or property, or to cause or threaten degradation
of the water quality of the groundwater or surface waters of the Borough of
New Providence resulting in damage to the aquatic community or wildlife in
and adjacent to the affected waters, the New Providence Board of Health may
order such person or persons to cease and desist from the continuance of such
act or the continuance of permitting such act. In addition, the New Providence
Board of Health may order such person or the owner of the subject premises
to abate said pollutant within such time as the New Providence Board of Health
may specify. In addition to any other remedies, the New Providence Board of
Health may institute an action in the Superior Court or such other court of
appropriate jurisdiction for injunctive relief.
Nothing contained herein shall be deemed to limit the New Providence
Board of Health from exercising any other right or power granted by the federal,
state or local government to effectuate the purpose of this article or to
protect to health of the community.
Any person violating any of the provisions of this article, upon conviction,
shall be subject to the imposition of penalties as provided pursuant to Article
III hereof.
