[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Office of Emergency Management — See Ch. 66.
Hazardous materials management — See Ch. 120.
Land use and development regulations — See Ch. 348.
Septic tanks, cesspools and privy vaults — See Ch. 417.
Waterway control — See Ch. 501.
Dumping — See Ch. 524.
Sewerage connections — See Ch. 572.
Water supplies — See Ch. 589.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Toxic
and Hazardous Substances, adopted 6-11-1985 by Ord. No. 2328-85, as
amended.
The designated best use of all groundwaters of Toms River Township
is for public and private water supply, and of most surface waters
for food production, bathing and recreation. The aquifer below Toms
River Township is a sole source for water supply. Therefore, it is
hereby declared to be the policy of the Township of Toms River to
maintain its water resources as near to their natural condition of
purity as reasonably possible for the safeguarding of the public health
and, to that end, to require the use of all available practical methods
of preventing and controlling water pollution from toxic and hazardous
materials.
It is the intent and purpose of this article to safeguard the
water resources of the Township of Toms River from toxic or hazardous
materials pollution by controlling or abating pollution from such
sources in existence when this article is enacted and also by preventing
further pollution from new sources under a program which is consistent
with the above-stated declaration of policy.
Whenever used in this article, unless otherwise expressly stated
or unless the context or subject matter requires a different meaning,
the following terms shall have the respective meanings set forth or
indicated:
When referring to tanks, more than 90% exposed above the
final ground elevation.
The loose or bagged storage of dry or semidry materials.
To release by any means or to relinquish control in a manner
that could result in a release to the surface waters, groundwaters,
surface of the ground or below ground. "Discharge" includes but is
not necessarily limited to the following, either singly or in any
combination:
Leaks from the failure of a storage facility.
Spills during transport or transfer of toxic or hazardous materials.
Disposal or storage of soils, sand or debris containing toxic
or hazardous materials.
Disposal to storm drains, cooling water, roof drains, sanitary
systems or any other drainage system or leaching system of toxic or
hazardous materials.
Burial, land-spreading or dumping anywhere of toxic or hazardous
materials, including but not limited to landfill and scavenger facilities,
notwithstanding that the material so buried, spread or dumped was
containerized at the time of said burial, spreading or dumping.
Passing of toxic or hazardous waste materials to any person.
Abandonment of containers, tanks, pipes, vehicles or premises
containing toxic or hazardous materials or residues. For the purpose
of this subsection, "abandonment" shall mean substantially empty and
unattended or the relinquishment or termination of possession, ownership
or control without full disclosure to the new owner thereof of containers,
tanks, pipes, vehicles or premises containing toxic or hazardous materials
or residues, whether by vacating or by disposition thereof, and shall
not depend on a mere lapse of time.
Constructed with more than one containment layer with space
between the layers sufficient to allow monitoring of any leakage into
or out of the space.
A layer of natural and/or man-made material of sufficient
thickness, density and composition as to prevent the discharge into
the underlying groundwater or adjacent surface waters of any toxic
or hazardous substances for a period of at least as long as the maximum
anticipated time during which the toxic or hazardous substances will
be in contact with the material, and sufficient to allow complete
recovery of the spilled product with minimum disturbance of the containment
material.
Standards of quality and purity and special standards and
groundwater quality standards and effluent standards and/or limitations
as found in the New Jersey Revised Statutes and/or the New Jersey
Statutes Annotated and/or the State of New Jersey Administrative Code
and/or Department of Environmental Protection rules and regulations
and/or Code of the United States.
The presence in the environment of conditions and/or contaminants
in quantities or characteristics which are or may be injurious to
human, plant or animal life or to property or which unreasonably interfere
with the comfortable enjoyment of life and property throughout such
areas of the Township of Toms River as shall be affected thereby.
Impervious to the material which is or could be contained
therein so as to prevent the detectable seepage of the product through
the container. To be product-tight, the container shall be made of
a material that is not subject to physical or chemical deterioration
by the product being contained.
A person in the business of collecting industrial wastes
who carries a current, valid industrial waste collector registration
issued by the Department of Environmental Protection, State of New
Jersey.
Constructed with walls made of but one thickness of material.
Laminated, coated or clad materials shall be considered as "single-walled."
Tanks, pipes, vaults, buildings, yards, pavements or fixed
containers used or designed to be used, either singly or in any combination
thereof, for the storage and/or transmission of toxic or hazardous
materials or for the storage of portable containers containing toxic
or hazardous materials.
The construction of any additions to an existing "storage
facility," as defined under this section, or restoration, refurbishment
or renovation, which increases or decreases the in-place storage capacity
of the facility, alters the physical configuration or impairs or affects
the physical integrity of the facility or its monitoring systems.
The Code Enforcement Office or officer of the Township of
Toms River.
Any substance, solution or mixture which, because of its
quality, quantity, concentration or physical, chemical or infectious
characteristics, or any combination of the foregoing, presents or
may present an actual or potential hazard to human health or to the
drinking water supply if such substance, solution, mixture or combination
thereof is discharged to the land or waters of the Township of Toms
River. "Toxic or hazardous materials" shall include:
Each and every substance, material or waste found listed in
either or both of Part 116 and Part 261, Title 40, of the Code of
Federal Regulations; or New Jersey Statutes; or New Jersey Administrative
Code; or New Jersey Department of Environmental Protection rules and
regulations.
Acids and alkalies beyond the pH range of four to 10.
Heavy metal sludges, mixtures and solutions in excess of standards.
Petroleum products, including fuels and waste oils.
Organic solvents, including petroleum solvents, halogenated
and nonhalogenated hydrocarbons.
Any material listed in State of New Jersey Regulations in excess
of the concentration standards thereof, unless otherwise provided
elsewhere in this article.
Toxic or hazardous materials, as defined above, generated by
or as the result of operations in or the existence of any manufacturing
or other industrial or commercial establishment, which toxic or hazardous
materials are not actually used in a final product for sale, and shall
include those toxic or hazardous materials retained as by-products
of the operations within such manufacturing or other industrial or
commercial establishment for the purpose of recouping salvage value.
Toxic or hazardous materials generated by one in possession
or control of any residential premises, for which materials disposal
is intended and which waste is not domestic wastewater without the
admixture of nonsewage wastewater from any industrial process.
All toxic and hazardous wastes are toxic and hazardous materials.
When referring to tanks, 10% or more below the final ground
elevation.
A.
The Code Enforcement Officer may make or cause to be made any investigation
or study which, in his or her opinion, is desirable for enforcing
this article or controlling or reducing the potential for contamination
of the waters of Toms River Township from toxic or hazardous materials.
B.
The Code Enforcement Officer may order the owner or any other person
in possession or control of any land, structure or equipment, or agent
of such owner or other person, to take whatever action is necessary
in the opinion of the Township to bring said land, structure or equipment
into compliance with the provisions of this article and any standards
or regulations promulgated hereunder. Such action may include but
is not necessarily limited to the following, either singly or in any
combination thereof:
(1)
Ordering tank testing or the testing of the physical integrity of
pipes or any other part of a storage facility or ordering the physical
testing of the integrity of an entire storage facility.
(2)
Ordering the removal of the contents of a tank, portable container,
storage facility or any part thereof.
(3)
Ordering the removal or abandonment or reconstruction of any installation,
tank, storage facility or any part thereof installed in contravention
of any of the requirements of this article or any standards or regulations
promulgated thereunder.
(4)
Ordering that physical improvements be performed on any tank, storage
facility or part thereof before permitting it to be returned to service,
including such improvements as tank lining removal and replacement
and bottom and structural repairs.
(5)
Ordering the drafting of and/or implementation of contingency plans
if there is evidence that such plans may be necessary to protect the
public from toxic or hazardous materials stored at any particular
facility.
(6)
Ordering the posting of a performance bond or other undertaking,
either prior to or subsequent to the construction or operation of
a storage facility within Toms River Township, on a case-by-case basis
if evidence indicates that such may be necessary to protect the public
from the effects of operating such a facility.
A.
It shall be unlawful for any person to discharge toxic or hazardous
materials in the Township of Toms River unless such discharge is specifically
in accordance with State of New Jersey statutes or New Jersey Department
of Environmental Protection rules and regulations.
B.
It shall be unlawful for any person to pick up, transport or dispose
of toxic or hazardous waste materials in the Township of Toms River
without having a valid and appropriate New Jersey state waste collector
registration.
C.
It shall be unlawful for any industrial waste collector with a registration
issued by the State of New Jersey Department of Environmental Protection
to fail to maintain a copy thereof on each vehicle operated by said
collector at all times.
A.
It shall be unlawful for any person to construct, install or substantially
modify a storage facility, or part thereof, without a valid permit
therefor issued by or acceptable to the Code Enforcement Officer.
B.
It shall be unlawful for any person in possession of or acting pursuant
to a permit issued under this section to act, allow or cause any act
in contravention of any provision of the permit.
C.
Any permit issued pursuant to this section shall be effective for
the specified duration of time indicated thereon, not to exceed one
year from the effective date thereof.
A.
It shall be unlawful for any person to use, cause to be used, maintain
or fill or cause to be filled with toxic or hazardous materials any
storage facility or part thereof without having registered all the
tanks at the facility on forms provided by the Township of Toms River
and without having obtained a valid permit to operate such storage
facility or part thereof issued by or acceptable to the Code Enforcement
Officer.
B.
It shall be unlawful for any person in possession of or acting pursuant
to a permit issued pursuant to this section to act, permit or cause
any act in contravention of any provision of the permit.
C.
No permit to operate a storage facility, as required pursuant to
this section, shall be issued by the Code Enforcement Officer or shall
be satisfactory to the Code Enforcement Officer unless and until the
prospective permittee:
(1)
Has provided a listing to the Code Enforcement Officer of all of
the toxic or hazardous materials to be stored at the storage facility;
and
(2)
Has demonstrated that said storage facility complies with all of
the provisions of this article and all Township, State of New Jersey
or federal regulations and standards promulgated pursuant to it, applicable
to said storage facility, based upon submission of such written proof
as is required by the Code Enforcement Officer.
D.
Any permit issued pursuant to this section shall be effective only
for the specified duration of time indicated thereon, not to exceed
four years from the effective date thereof.
A.
All storage facilities which meet all of the following criteria shall be exempt from all provisions of this article, except those contained in § 330-3, Definitions, § 330-4, Powers of Code Enforcement Officer, § 330-5, Prohibited activities; registration to be maintained on vehicle, § 330-8, Exemptions, § 330-10A, New storage facilities, § 330-10E, General provisions and requirements, § 330-10G, Overfill protection, § 330-11A(4), Overfill detection, § 330-11D(1) and (2), Leaks; repairs, § 330-13B(1) and (4), Transfer operations, and § 330-21, Waivers by Township:
(1)
The materials so stored are not toxic or hazardous wastes.
(2)
The volume of the storage facility is less than 1,001 gallons.
(3)
The facility is intended solely for the storage of kerosene, Number
2 fuel oil, Number 4 fuel oil, Number 6 fuel oil, diesel oil or lubricating
oil.
(4)
The intended use of the product stored is solely for on-site heating
or intermittent stationary power production, such as stand-by electricity
generation or irrigation pump power.
(5)
The materials stored are not intended for resale or off-site use.
(6)
The storage is located at or on residential property for use at such
site.
B.
All storage facilities which meet the following criteria shall be exempt from the provisions of this article contained in §§ 330-10B, 330-10D, 330-12B, 330-19 and any regulations or standards promulgated thereunder:
(1)
The materials so stored are not toxic or hazardous wastes.
(2)
The volume of the storage facility is not greater than 1,001 gallons.
(3)
The facility is intended solely for the storage of kerosene, Number
2 fuel oil, Number 4 fuel oil, Number 6 fuel oil, diesel oil or lubricating
oil.
(4)
The intended use of the product stored is solely for on-site heating
or intermittent stationary power production, such as stand-by electricity
generation or irrigation pump power.
(5)
The materials stored are not intended for resale or off-site use.
C.
All storage facilities no longer receiving the benefit of any exemption,
but which were previously exempted from any or all provisions of this
article, shall be required to appropriately conform to all of the
provisions of this article and all regulations and standards promulgated
pursuant thereto by January 1, 1987.
D.
Tanks for the storage of Number 6 fuel oil or other petroleum products
of equivalent viscosity are exempt from the internal inspection and
tank lining requirements. Further, storage facilities for these products
are exempted from the requirements of impervious dikes and enclosures
around the tank if, in the opinion of the Township, the location of
the facility is so situated that a spill could not run off into storm
drains or surface waters.
E.
All storage of toxic or hazardous materials in containers of five-gallon
capacity or smaller, where the total capacity stored at any time does
not exceed 250 gallons or where the dry storage in bags, bulk or small
containers does not exceed 2,000 pounds, is exempt from all portions
of this article unless specifically ruled otherwise by the Code Enforcement
Officer or State of New Jersey on a case-by-case basis.
It shall be unlawful for any person to transfer a permit issued pursuant to §§ 330-6 and 330-7 of this article from one location to another, from one storage facility to another or from one person to another. Any permit transferred in violation of this section shall be deemed null and void and without any effect whatsoever as of the date of said unlawful transfer. However, upon making proper application, a new owner of a facility which was previously operating under a valid permit may continue operation under the terms of the old permit until such time as the new permit is issued or denied.
A.
New storage facilities.
(1)
All new storage facilities used or to be used for the underground
storage of toxic or hazardous materials shall be designed and constructed
in a manner which will, in the opinion of the Township, provide the
maximum reasonable protection available against leakage or spillage
from the facility due to corrosion, breakage, structural failure or
other means. Double-walled or equivalent facilities are required for
all toxic or hazardous materials, except those with a specific gravity
of less than one and which are only slightly soluble in water, such
as oils and gasoline. For these floatable materials, acceptable designs
for tank construction include cathodically protected steel; glass-fiber-reinforced
plastic; steel-clad with fiber-reinforced plastic; double-walled steel
or plastic; or other equivalent design approved by the Township.
(2)
Approval of design by the Township is required before installation,
and the determination of equivalency or adequacy lies with the Township.
(3)
Design, construction, fabrication and installation of new underground
storage facilities shall be in accordance with regulations and standards
as they may be adopted by the State of New Jersey or under this article.
(4)
A new storage facility, for all facilities not previously covered by this section, is one for which construction actually begins on or after June 11, 1985, subject, however, to the exemptions contained in § 330-8A.
(5)
It shall be unlawful for any person to sell for use in the Township of Toms River, install, use, put into service or maintain the existence of any new underground storage facility or part thereof after June 11, 1985, if said new storage facility or part thereof fails to conform to all of the provisions of Subsection A(1), (2) and (3) above, and all regulations and standards promulgated thereunder, subject, however, to the exemptions contained in § 330-8A.
B.
Existing storage facilities.
(1)
An existing underground storage facility is one for which construction
actually begins prior to June 11, 1985.
(2)
It shall be unlawful for any person to substantially modify or cause the substantial modification of any existing underground storage facility or part thereof without complying with the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(3)
It shall be unlawful to use or maintain the existence of any existing underground storage facility beyond January 1, 1987, which is intended for use with toxic or hazardous materials with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(4)
It shall be unlawful to use or maintain the existence of any existing underground storage facility beyond January 1, 1987, which is intended for use with any toxic or hazardous materials other than those with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
C.
Abandonment.
(1)
It shall be unlawful for any person to use or maintain the existence
of an abandoned underground storage facility or part thereof.
(2)
It shall be unlawful for anyone to sell or transfer to another an
improperly abandoned underground storage facility or land containing
an improperly abandoned underground storage facility if there exists
any reasonable evidence of the existence of such a facility, unless
the purchasing party has been made fully aware of the presence of
such facility.
(3)
It shall be unlawful for any person to repair, alter or prepare for
use any abandoned storage facility without first obtaining a permit
to construct from the Code Enforcement Officer.
(4)
It shall be unlawful for the owner or other person in possession or control of any real property, building or place or vehicle to fail to immediately empty it of all toxic or hazardous materials and to completely and permanently remove an abandoned storage facility or part thereof within 90 days of the discovery thereof on or in said real property, building or place, pursuant to the provisions of Subsection H below, unless approval is granted to do otherwise.
(5)
For the purposes of this section, an "abandoned storage facility"
or part thereof means one which has remained out of service for six
months or more or which has been declared by the owner to be abandoned.
(6)
For the purposes of this section, "out of service" means substantially
empty, meaning 5% or less filled; or not in use, meaning no regular
filling or drawing; or not being maintained, meaning lacking adherence
to the requirements of this article; or uncontrolled, meaning not
attended or secured; or any combination thereof.
(7)
For the purposes of this section, "discovery" means either actual
discovery or knowledge of the existence of the abandoned storage facility
or part thereof or possession of sufficient knowledge of the facts
and circumstances involved so that the existence of the abandoned
storage facility or part thereof should have been discovered or known
of.
D.
Testing and inspection.
(1)
All existing underground storage facilities or parts thereof which do not meet the construction standards in Subsection A above must be tested and inspected in accordance with the schedule set forth below. It shall be unlawful for any existing underground storage facility owner, operator or lessee to fail to test his or her tanks and file an acceptable certificate of test completion with the Code Enforcement Officer in accordance with the following schedule:
|
Testing Schedule for Existing Underground Tanks Age of
System by 1985
(in years)
| ||||||
|---|---|---|---|---|---|---|
|
1 to 4
|
5 to 9
|
10 to 14
|
15 to 19
|
20 or more
| ||
|
December 31, 1985
|
x
| |||||
|
July 1, 1986
|
x
| |||||
|
December 31, 1986
|
x
| |||||
|
July 1, 1988
|
x
| |||||
|
July 1, 1989
|
x
| |||||
|
Full compliance for all facilities except those described in § 330-10B(3).
| ||||||
|
December 31, 1986
|
x
|
x
| ||||
|
December 31, 1987
|
x
| |||||
|
Full compliance for all facilities.
| ||||||
(2)
If for any reason testing satisfactory to the Township cannot be performed, the tank must be removed from service or brought up to the standards of Subsection A by the first scheduled test date.
(3)
The Final Test of the National Fire Protection Association (NFPA), Recommended Practice No. 329 (1983), or other test of equivalent or superior accuracy, as approved by the Township, must be used to comply with the testing and inspection requirement of § 330-10D(1).
(4)
Any test and inspection as required by this subsection shall be performed by a person whose qualifications are acceptable to the Township for performing such tests. Certificates of test completion containing the results of such tests as performed shall be prepared by the tester and shall be filed with the Township within 30 days after completion of the testing of the storage facility. No certificate of test completion shall be acceptable to the Township to indicate satisfactory compliance with the testing requirements of this subsection if qualifications of the tester have not been accepted by the Township prior to the test. No certificate of test completion shall be acceptable to the Township if the test and inspection were not performed in accordance with Subsection D(3) of this section and in accordance with any regulations and standards which may be promulgated pursuant thereto.
(5)
The certificate of test completion shall be filed on a form provided
by the Township, and a copy of such form, completed, shall be kept
by the storage facility owner, operator or lessee and by the tester
for a period of not less than five years from the date of its issuance.
It shall be unlawful for the storage facility owner, operator or lessee
and for the tester thereof to fail to keep a copy of the certificate
of test completion for the required five-year period.
(6)
Certificates of test completion shall contain a legally authorized
form notice to the effect that false statements made knowingly therein
are punishable pursuant to the Code of Criminal Justice of New Jersey.
(7)
A certificate of test completion not properly completed and/or not
subscribed by the tester shall not be acceptable to the Township.
E.
General provisions and requirements.
(1)
When an underground storage facility or part thereof is found to
be leaking, the portion containing the leak must be immediately emptied
of all contents therein and removed from service. It shall be unlawful
to cause or permit a leaking underground storage facility or part
thereof to remain in service or to continue to retain its toxic or
hazardous contents after the owner, operator or lessee of said storage
facility or part thereof knows or should have known of the existence
of the leak therein.
(2)
It shall be unlawful for any person to repair or to permit the repair, in place, of any underground storage facility or part thereof which has leaked or otherwise failed, for the purpose of reusing said storage facility, unless such repair will result in the storage facility or part thereof complying with the requirements of Subsection A above and all regulations and standards promulgated thereunder; and unless such repairs occur pursuant to plans therefor previously submitted to and approved by the Township.
F.
Monitoring and leak detection.
(1)
All underground storage facilities or parts thereof must be equipped
with means of calculating product delivery and consumption. Accurate
records must be kept of all deliveries and consumption and the figures
reconciled daily in an approved manner, unless a less frequent schedule
is allowed by the Code Enforcement Officer.
(2)
All underground storage facilities or parts thereof must be provided
with a means of monitoring, frequently and accurately, for any leakage
and spillage that might occur. All leak-detection systems and tanks
shall be monitored by the facility operator at least on a weekly basis
and the results recorded and kept with the product records. Leak detection
and monitoring can be provided by an electrical continuous leak-detection
system; visually operated or float-operated alarms for tanks in pits;
pressure, vacuum or fluid-level detectors for double-walled facilities;
observation wells and collection barriers or membranes for use in
high groundwater areas; for gasoline and oil facilities, a perforated,
properly designed U-tube installation is acceptable; or other equivalent
designs approved by the Code Enforcement Officer. Permanent records
of all monitoring shall be kept for a period of five years.
(3)
It shall be unlawful for the owner or other person in possession
or control of a storage facility or part thereof to fail to comply
with any of the requirements of this subsection and of any regulations
and standards promulgated pursuant thereto.
G.
Overfill protection.
(1)
A means of overfill protection can be provided for all new underground
storage facilities or parts thereof and for all replacement underground
storage facilities or parts thereof. Overfill protection shall consist
of either an overfill-protection device or a product-tight containment
capable of intercepting and preventing the release to the ground or
groundwater of an overfill spill.
(2)
It shall be unlawful for the owner, operator or lessee to fail to
provide satisfactory overfill protection for any new underground storage
facility or part thereof, in accordance with the provisions of this
subsection and any regulations and standards promulgated pursuant
thereto.
H.
Removal of underground storage facilities from service.
(1)
It shall be unlawful for the owner or any other person in possession
or control of an underground storage facility or part thereof to remove
it from service unless:
(a)
Said storage facility or part thereof is declared abandoned,
emptied immediately and removed within 60 days of so declaring and
is disposed of as junk by first rendering it vapor free and by sufficiently
perforating it so as to render it unfit for further use.
(b)
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 60 days, for the storage of other than toxic or hazardous materials, after having met all of the requirements of Subsection A and all regulations and standards thereto.
(c)
Said storage facility or part thereof is declared abandoned,
emptied immediately and removed within 60 days, for the storage of
other than toxic and hazardous materials, in which case the facility
shall be emptied, cleaned of all residue and made safe and vapor free.
(2)
Any declaration of facility abandonment or of taking a facility temporarily
out of service or returning a facility to service must be made to
the Code Enforcement Officer in writing.
(3)
It shall be unlawful for the owner or any other person in possession or control of any underground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within six months of the placement of it temporarily out of service and it is returned to active service within said six months, it is emptied of its contents immediately and the fill line, gauge opening and pump suction are capped and secured against tampering and the vent line is left open. No facility in a temporarily out-of-service condition shall be returned to use prior to notification of the Code Enforcement Officer and prior to the successful completion of any tightness testing due under § 330-10D.
(4)
It shall be unlawful for anyone to place toxic or hazardous materials
in a facility which is temporarily out of service.
A.
New storage facilities.
(1)
For the purpose of this subsection, a new aboveground storage facility
shall be one for which construction actually begins on or after June
11, 1985.
(2)
It shall be unlawful to fabricate, construct, install, use or maintain
any new aboveground storage facility or part thereof in a manner which
will allow the discharge of a toxic or hazardous material to the ground,
groundwaters or surface waters of Toms River Township.
(3)
It shall be unlawful to fabricate, construct, install, use or maintain
any new aboveground storage facility or part thereof without having
constructed around and under it an impervious containment and dike,
enclosing the storage facility or part thereof, conforming to the
following requirements:
(a)
The volume of the diked area shall be at least 110% of the volume
of the largest tank contained therein, excluding the volume below
the dike level occupied by other tanks. Additional volume, up to 10%
of the total volume of all other tanks or vessels contained in the
dike area, may be required if the configuration, arrangement and spacing
of the tanks and dikes do not meet National Fire Protection Association
standards.
(b)
The dikes and the entire area enclosed by the dikes, including
the area under the tanks, shall be made permanently impervious to
the types of products expected to be stored in the tanks. A tank cannot
be switched from one product to another unless the barrier is impervious
to the new material stored.
(c)
Drainage of precipitation from within the diked area shall be
controlled in a manner that will prevent any toxic or hazardous material
from entering the ground, groundwaters or surface waters of Toms River
Township.
(4)
It shall be unlawful to construct, fabricate, install, use or maintain
any new aboveground storage facility without providing a positive
means of detecting an overfilling condition therein before any spillage
can occur, which detection system shall include, but shall not necessarily
be limited to, both visual and audible alarms at a point on the storage
facility most frequently manned. The overflow point must be clearly
visible to the operator filling the facility or the operator at the
receiving facility, where possible. If not possible, adequate means
must be provided to immediately detect an overflow.
(5)
It shall be unlawful to fabricate, construct, install, use or maintain
any new aboveground storage facility or part thereof without conforming
to all regulations and standards promulgated pursuant to this section
relating to such new storage facilities.
(6)
It shall be unlawful to fabricate, construct, install, use or maintain
any new aboveground storage facility sitting on the ground and making
contact therewith or partially buried in the ground and making contact
therewith, or part thereof, unless and until the exterior surface
of the areas in contact with the ground are cathodically protected
in conformance with a design approved by the Code Enforcement Officer.
B.
Existing storage facilities.
(1)
An existing aboveground storage facility is one for which construction
actually begins prior to June 11, 1985.
(2)
Commencing January 1, 1987, it shall be unlawful for any person to use, maintain or fill with toxic or hazardous materials any existing aboveground storage facility or part thereof without conforming to all of the requirements of Subsection A above and all regulations and standards promulgated pursuant thereto, with one exception. It will not be required to place an impervious barrier directly beneath an existing tank that is sitting on or partially in the ground and is too large to be moved. In this case, the interior bottom of the tank shall be coated with a glass fiber reinforced epoxy coating or approved equivalent. In achieving the above compliance, the following schedule shall be adhered to:
(a)
By January 1, 1987, all interior coating of facilities shall
be completed.
(b)
By January 1, 1987, all facilities shall be protected against
overfill.
(c)
By January 1, 1987, installation of cathodic protection shall
be completed on all facilities in contact with the ground which were
built prior to 1967.
(d)
By January 1, 1988, installation of cathodic protection shall
be completed on all facilities in contact with the ground which were
built between 1967 and 1972.
(e)
By January 1, 1989, installation of cathodic protection shall
be completed on all facilities in contact with the ground which were
built between 1972 and 1977.
(3)
It shall be unlawful for any person to use, maintain or fill with
toxic or hazardous materials an existing aboveground storage facility
or part thereof without complying with the following inspection schedule
and all regulations and standards promulgated pursuant thereto and
without submitting to the Code Enforcement Officer a statement of
proof of inspection.
(a)
Any owner or other person in possession or control of an aboveground
storage facility or part thereof shall have said tanks and vessels
inspected and shall file a statement of proof of inspection with the
Code Enforcement Officer by June 1, 1986. Where interior coating has
not yet been applied, such inspection will be performed before coating.
(b)
For the purpose of this section, "inspection" means the inspection
of all aboveground tanks and other vessels for the storage of toxic
or hazardous materials constituting an aboveground storage facility
or part thereof.
(c)
Any inspection of an existing aboveground storage facility of
greater than 10,000 gallons' capacity or part thereof as required
by this subsection shall be performed in accordance with a written
protocol submitted to and approved by the Code Enforcement Officer
by an authorized tank inspection firm or person or by a professional
engineer licensed to practice professional engineering in the State
of New Jersey, and it shall be performed in compliance with any regulations
and standards promulgated pursuant to this section relating to such
inspections.
(d)
Aboveground storage facilities or parts thereof sitting on the
ground and in contact therewith or partially buried in the ground
and in contact therewith shall be emptied and cleaned to facilitate
inspection of portions thereof not accessible from the outside.
(e)
Proof of inspection must be filed with the Code Enforcement
Officer on a form provided by the Township or one acceptably equivalent
thereto within 30 days of each inspection and before the tank is refilled,
and a copy of such form shall be kept and maintained by both the owner
or other person in possession or control of the aboveground storage
facility or part thereof and the inspector for a period of not less
than five years from the date of the inspection. The proof of inspection
form shall be subscribed by both the owner or other person in possession
or control of the aboveground storage facility inspected and the inspector.
This proof of inspection form shall contain a legally authorized form
notice to the effect that false statements made knowingly therein
are punishable pursuant to the New Jersey Code of Criminal Justice.
C.
General provisions.
(1)
It shall be unlawful for any person to abandon an aboveground storage
facility or part thereof without first cleaning out all residue, venting
it until dry and safe and leaving all of the hatches open or with
all connections severed and valves blank flanged. For the purpose
of this subsection, an “abandoned aboveground storage facility”
or part thereof means one that has remained substantially empty and
unattended for six months or more without being declared temporarily
out of service, or has been temporarily out of service for six months
or more.
(2)
It shall be unlawful for the owner or other person in possession
or control of an aboveground storage facility or part thereof to remove
it from service unless:
(a)
Said storage facility or part thereof is disposed of as junk
by first rendering it vapor free and by sufficiently perforating it
so as to render it unfit for further use and demolishing it and removing
it from the site.
(b)
Said storage facility or part thereof is removed for sale or
use elsewhere, in which case it must be first cleaned and made vapor
free to be safe in transit, and such reuse shall be in accordance
with all pertinent portions of this article if relocation is to be
within Toms River Township.
(c)
Said storage facility is declared abandoned.
(d)
Said storage facility is declared temporarily out of service.
(e)
The Code Enforcement Officer has been notified of the intended
status of removal from service.
(3)
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within six months of its placement temporarily out of service and it is returned to active service within said six months, pursuant to the provisions of Subsection C(6) and (7) following, and it is drained of all liquid and the fill line, gauge opening and discharge line are capped and blind flanged and secured against tampering and the vent line is left open.
(4)
It shall be unlawful for anyone to place toxic or hazardous materials
in an abandoned or temporarily out-of-service aboveground storage
facility.
(5)
It shall be unlawful for any person to bring an abandoned aboveground storage facility back into service without meeting all of the requirements of Subsection A above. No abandoned facility shall be brought back into service without a complete inspection acceptable to the Township.
(6)
It shall be unlawful for any person to bring a temporarily out-of-service facility back into use after January 1, 1987, without first meeting all the requirements of Subsection A above.
(7)
An aboveground storage facility properly declared to be temporarily out of service may be returned to service prior to 1986 by written notification to the Code Enforcement Officer if the requirements of § 330-11B(2) have been met.
(8)
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to fail to empty, clean and inspect it, pursuant to Subsection B(3)(c) above; to file proof of inspection, pursuant to Subsection B(3)(e) above; to leak test and/or to recoat it, if necessary, every five years for each tank or vessel for the storage of toxic or hazardous materials within said storage facility or part thereof.
(9)
It shall be unlawful for any person to replace or cause the replacement of any aboveground storage facility or part thereof for any reason without complying with the new storage requirements of Subsection A above and without complying with the inspection and proof of inspection requirements of Subsections B(3)(c) and (e), respectively.
(10)
It shall be unlawful for any person to use, maintain, construct,
fabricate, modify or install any aboveground storage facility or part
thereof without conforming to all plans and specifications submitted
to and approved by the Township prior to such use, maintenance, construction,
fabrication, modification or installation.
D.
Leaks; repairs.
(1)
When an aboveground storage facility or part thereof is found to
be leaking, it must immediately be emptied of all contents therein
contained and removed from service, unless approval is specifically
granted by the Township to do otherwise.
(2)
It shall be unlawful for the owner or other person in possession
or control of a leaking aboveground storage facility or part thereof
to cause or permit it to remain in service or to continue to retain
its toxic or hazardous contents after said owner or other person knows
or should have known of the existence of the leak.
(3)
It shall be unlawful for any person to reuse and repair or cause
the reuse and repair of an aboveground storage facility or part thereof
which is leaking or which has leaked without:
(a)
Performing or having said repairs performed in accordance with
a written protocol submitted to and approved by the Township prior
to said repairs.
(b)
Inspecting or having said leaking storage facility or part thereof inspected by a person whose qualifications are acceptable to the Code Enforcement Officer, with such inspection in accordance with Subsection B(3)(c) above, and filing a proof of inspection in accordance with Subsection B(3)(e) above, with such inspection performed and proof of inspection filed prior to reuse of the storage facility or part thereof or filing it with a toxic or hazardous material, but after repairs have been effected.
A.
New installations.
(1)
For the purpose of this section, "new installations" means piping,
pipelines, fittings or connections for use with toxic or hazardous
materials for which installations or construction actually begins
on or after June 11, 1985.
(2)
All new installations shall be:
(a)
Fabricated, constructed and installed in a manner that will
prevent the escape of the toxic or hazardous materials contained therein
to the ground, groundwater or surface waters of the Township of Toms
River.
(b)
Protected against corrosion by the use of noncorrosive materials,
cathodic protection with coatings approved by the Township or the
functional equivalent of the foregoing options approved by the Township.
(c)
Designed, constructed and installed with access points, as required
by the Township, to permit periodic pressure testing of all underground
piping without the need of extensive excavation.
(d)
Designed, constructed and installed with a simple, effective,
reliable means of monitoring the new installation for leakage, including
a warning device to indicate the presence of a leak, spill or other
failure or breach of integrity, for piping installed underground or
in areas where piping is not clearly visible.
(e)
Constructed of double-walled pipe or be constructed in product-tight
trenches or galleries where the piping is buried or below grade except
that single-walled piping will be allowed for facilities containing
products with a specific gravity less than one and only slightly soluble
in water such as gasoline and fuel oil.
(3)
It shall be unlawful for any person to fabricate, construct, install,
use or maintain or to cause the fabrication, construction, installation,
use or maintenance of any new, substantial installation or part thereof
for use with toxic or hazardous materials without:
B.
Existing installations.
(1)
For the purpose of this section, "existing installations" shall mean
piping, fittings and connections for use with toxic or hazardous materials
for which installation or construction actually begins prior to June
11, 1985.
(2)
Commencing January 1, 1987, it shall be unlawful to use or maintain any existing installation or part thereof in association with any underground storage facility or part thereof unless said existing installation complies with all of the provisions of Subsection A above and all regulations and standards promulgated pursuant thereto.
(3)
It shall be unlawful for the owner or other person in possession
or control of any existing piping installation or part thereof associated
with any underground storage facility or part thereof to fail to pressure
test said existing piping or part thereof whenever the associated
underground storage facility or part thereof is tested.
(4)
It shall be unlawful for the owner or other person in possession or control of an existing installation or part thereof when testing or contracting to test said installation or part pursuant to Subsection B(3) above:
(a)
To fail to test or have said installation or part thereof tested
by a person whose qualifications are acceptable to the Township.
(b)
To fail to test or have tested said installation in a manner
acceptable to the Township.
(c)
To fail to test or have said installation tested in accordance
with a written protocol submitted to and approved by the Township
prior to said test.
(d)
To fail to test or have tested said installation in accordance
with any regulations or standards which may be promulgated under this
subsection relating to said testing.
(e)
To fail to submit to the Township, within 30 days of said test, a completed certificate of test completion form, pursuant to § 330-10D(3) to (6) and any regulations and standards promulgated thereunder.
C.
General provisions.
(1)
Notwithstanding the requirements of Subsection B(3) above, it shall be unlawful for the owner or other person in possession or control of a new or existing installation or part thereof not to test said installation or part in accordance with the procedures set forth in Subsection B(3) above and all regulations and standards promulgated thereunder, whenever the Township has determined that such a test is necessary or whenever the Township has ordered that such a test be performed.
(2)
Whenever an existing or new installation or part thereof is found
to be leaking, it must immediately be emptied of all contents therein
contained and removed from service.
(a)
It shall be unlawful for the owner or other person in possession
or control of said leaking installation or part thereof to cause or
permit it to remain in service or to continue to retain its toxic
or hazardous contents after said owner or other person knows or should
have known of the existence of the leak.
(b)
It shall be unlawful for any person to repair or cause the repair
of any new or existing installation or part thereof which has leaked
or otherwise failed without performing said repairs or having said
repairs performed in a manner approved by the Township.
(c)
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation pursuant to the provisions of Subsection C(2)(b) above and all regulations and standards promulgated thereunder.
(d)
It shall be unlawful for any person to reuse or to cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation or part so as to conform to the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(e)
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without inspecting or having said installation or part inspected, subsequent to the completion of any repairs but prior to said reuse, by a person whose qualifications are acceptable to the Township, in accordance with § 330-11B(3)(d) and any regulations and standards promulgated thereunder and without filing with the Township a proof of inspection prior to said reuse, in accordance with § 330-11B(3)(e) and any regulations and standards promulgated thereunder.
A.
Transfer facilities.
(1)
"Transfer facilities" means truck fill stands and/or any other facility
for the loading or unloading of toxic or hazardous materials.
(2)
It shall be unlawful for any person to fabricate, construct or install
a transfer facility or part thereof:
(a)
Without first submitting plans therefor to the Township and
without first obtaining the Township's approval thereof.
(b)
Without fabricating, constructing and installing said transfer facility or part thereof in accordance with the plans submitted and approved pursuant to Subsection A(2)(a) above.
(c)
Without providing a simple, effective, reliable means of monitoring
the transfer facility or part thereof for leakage or spillage, including
a warning device.
(d)
Without providing a level of spill protection equivalent to
that provided by a fill stand area completely paved and curbed with
an impervious material and drained to a holding tank of adequate size
to contain any spill that could reasonably be expected to occur from
the normal operation of the facility and roofed so as to exclude precipitation
which would otherwise tend to fill the holding tank.
(3)
It shall be unlawful for any person to operate, maintain or use a
transfer facility or part thereof so as to permit the escape therefrom
of toxic or hazardous materials to the ground, groundwaters or surface
waters of Toms River Township. All holding tanks associated with spill
control shall be maintained in an empty condition at all times to
provide maximum storage capacity at the time of a spill.
(4)
It shall be unlawful for any person to fabricate, construct, install,
use, operate or maintain any transfer facility or part thereof without
doing so in accordance with regulations and standards pertaining thereto
which may be promulgated by the Township.
B.
Transfer operations.
(1)
It shall be unlawful for any person to transfer, cause the transfer
or permit the transfer of toxic or hazardous materials to or from
a storage facility, part thereof or vehicle, where conditions at the
transfer facility are inadequate at the time of said transfer to ensure
a safe transfer operation without the occurrence of spills, leaks
or accidents.
(3)
The transfer of toxic or hazardous materials to any storage facility or part thereof which does not comply with all provisions of this article applicable thereto and any regulations and standards promulgated under this article applicable thereto shall constitute a rebuttable presumption that conditions at said transfer facility are inadequate for the purposes of Subsection B(1) above.
(4)
Conditions at the transfer facility shall be deemed to be inadequate
at the time of a transfer if:
(a)
The transfer facility is constructed so that all possible points
of overflow are not visible from the loading and unloading locations.
(b)
The truck, storage facility or part thereof being delivered
to does not have adequate capacity to contain the amount of toxic
or hazardous material being transferred or to be transferred or if
a person performing or causing said transfer does not ensure by some
reliable means that the truck, storage facility or part thereof has
adequate capacity to contain the amount of toxic or hazardous material
being transferred or to be transferred.
A.
Each owner or operator of a storage facility, manufacturing or other
industrial or commercial establishment in which toxic or hazardous
materials are used in the preparation of the final product for sale,
including those establishments where toxic or hazardous materials
are retained as by-products of the operations within such manufacturing
or other industrial or commercial establishment, shall have a contingency
plan for such facility. The contingency plan shall be designed to
minimize hazards to human health or the environment from fires, explosions
or any unplanned sudden or nonsudden release of hazardous or toxic
material or waste constituents to the air, soil or surface water.
B.
The provisions of the plan shall be carried out immediately whenever
there is a fire, explosion or release of hazardous or toxic material
or hazardous waste constituents which could threaten human health
or environment.
C.
The provisions of the plan shall describe the actions that facility
personnel shall take to comply with this section in response to fires,
explosions or any unplanned sudden or nonsudden release of hazardous
or toxic material to the air, soil or surface water at the facility.
The plan describes arrangements agreed to by the Toms River Township
Council, Township of Toms River Fire Department, Township of Toms
River Police Department, hospitals, contractors and state and federal
emergency response teams.
D.
The plan shall list names, addresses and phone numbers (office and
home) of all persons qualified to act as emergency coordinator and
this list shall be kept up-to-date. Where more than one person is
listed, one shall be named as primary emergency coordinator and others
shall be listed in the order in which they will assume responsibility
as alternates.
E.
The plan shall include a list of all emergency equipment at the facility
(such as fire extinguishing systems, spill control equipment, communications
and alarm systems, external and internal, and decontamination equipment),
where this equipment is required. This list shall be kept up-to-date.
In addition, the plan shall include the location and a physical description
of each item on the list and a brief outline of its capabilities.
F.
The plan shall include an evacuation procedure for facility personnel,
where there is a possibility that evacuation could be necessary. This
plan shall describe signals to be used to begin evacuation, evacuation
routes and alternative evacuation routes, in cases where the primary
routes could be blocked by releases (of hazardous or toxic material
or fires).
G.
A copy of the contingency plan and all revisions to the plan shall
be:
H.
The contingency plan shall be reviewed and immediately amended, if
necessary, whenever:
(1)
Applicable regulations are revised;
(2)
The plan fails in an emergency;
(3)
The facility changes (in its design, construction, operation, maintenance
or other circumstances) in a way that materially increases the potential
for fires, explosions or releases of hazardous or toxic material or
hazardous waste constituents or changes the response necessary in
an emergency;
(4)
The list of emergency coordinates changes; or
(5)
The list of emergencies changes.
I.
All times, (24 hours a day, seven days a week) there shall be at
least one employee, either on facility premises or on call, with the
responsibility for coordinating all emergency response measures. This
emergency coordinator shall be thoroughly familiar with all aspects
of the facility's contingency plan, all operations and activities
at the facility and the locations and characteristics of hazardous
and toxic material at the installation, the location of all records
within the facility and the layout of buildings and storage at the
facility. In addition, this person shall have the authority to commit
the resources needed to carry out the contingency plan.
J.
Emergency procedures are as follows:
(1)
Whenever there is an imminent or actual emergency situation, the
emergency coordinator (or a designee when the emergency coordinator
is on call) shall immediately:
(a)
Notify the Township of Toms River (Fire Department and Police
Department) by phone, at 349-2285, or by direct-wire-alarm system.
(b)
Identify the character, exact source, amount and area of any
incident.
(c)
Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel.
(2)
Concurrently, the emergency coordinator shall assess possible hazards
to human health or the environment that may result from the discharge,
fire or explosion. This assessment shall consider both direct and
indirect effects of the discharge, fire or explosion.
(3)
If the emergency coordinator determines that the facility has had
a discharge, fire or explosion which would threaten human health or
the environment, inside or outside the facility, the emergency coordinator
shall:
(a)
Immediately notify the Township of Toms River, if an assessment
indicates that evacuation inside the facility or of the local areas
may be advisable. The emergency coordinator shall be available at
all times to help Township of Toms River officials decide what local
areas should be evacuated.
(4)
The emergency coordinator shall advise local emergency response personnel
(Fire Department and Police Department) of the actual hazardous or
toxic material involved in the incident.
(5)
The emergency coordinator and facility owner or operator shall note
in the operating record the time, date and details of any incident
that requires implementing the contingency plan or response of Township
of Toms River emergency response personnel. Within seven days after
the incident, the emergency coordinator and owner or operator shall
submit a written report on the incident to the Township of Toms River
(Code Enforcement Officer). This report shall include, but not be
limited to:
(a)
The name, address and telephone number of the owner or operator.
(b)
The name, address and telephone number of the facility.
(c)
The name, address and telephone number of the emergency coordinator
in charge of the incident.
(d)
The date, time and type of incident.
(e)
The name and quantity of materials involved.
(f)
An assessment of actual or potential hazards to human health
or the environment.
(g)
The extent of injuries, if any.
(h)
Assessment of the scope and magnitude of the problem or incident.
(i)
Description of the immediate actions that have been taken and
the estimated quantity and disposition of the material involved in
the incident.
(j)
An implementation schedule for undertaking suggested changes
to the contingency plan and emergency procedures and measures to eliminate
any problems.
A.
Storage facilities.
(1)
It shall be unlawful to fabricate, construct, install or otherwise
create a storage facility or part thereof for portable containers
and tanks in excess of 100 gallons' total capacity containing
toxic or hazardous materials if the facility has to be used for more
than 30 days without:
(a)
First having submitted satisfactory plans and specifications
therefor to the Township.
(b)
Constructing, installing, fabricating or otherwise creating said storage facility in accordance with the reports and plans submitted pursuant to Subsection A(1)(a), above.
(c)
Constructing, installing, fabricating or otherwise creating
said storage facility so as to prevent the discharge of any of the
toxic or hazardous contents of the portable containers therein to
the ground, groundwaters or surface waters of Toms River Township.
(d)
Providing a chemically resistant pad on which to place the portable
containers or tanks, impervious to the toxic or hazardous materials
being stored in said containers and tanks.
(e)
Providing a complete impervious containment of the storage facility
or part thereof sufficient to contain at least 30% of the volume to
be stored.
(f)
Constructing, fabricating, installing or otherwise creating
a storage facility or part thereof in accordance with all regulations
and standards promulgated under this subsection.
(2)
It shall be unlawful for any person to use, maintain or operate a
storage facility containing portable containers or tanks for the storage
of toxic or hazardous materials without:
(a)
Preventing the discharge of any of the toxic or hazardous contents
of the portable containers or tanks to the ground, groundwaters or
surface waters of Toms River Township.
(b)
Properly securing the portable containers or tanks containing
toxic or hazardous materials so as to protect them from vandalism,
unauthorized access and damage by traffic, machinery or falling objects.
(c)
Storing the portable containers and tanks containing toxic or
hazardous materials indoors, except where such storage is prevented
by fire regulations or where sufficient evidence is presented that
physical or financial constraints of the facility make indoor storage
impractical. Waiver of the indoor storage requirement shall be only
by permission of the Township.
(d)
Protecting any outdoor storage of portable containers or tanks
containing toxic or hazardous materials from damage from heat, cold,
rust and other weather-related conditions.
(e)
Complying with all regulations and standards promulgated relating
to the maintenance, use or operation of a storage facility containing
portable containers containing toxic or hazardous materials.
B.
Handling of portable containers or tanks. It shall be unlawful for
the owner or other person in possession or control of a storage facility
containing portable containers or tanks which contain toxic or hazardous
materials to:
(1)
Stack said portable containers or tanks more than two high without
using a properly designed storage rack for that purpose, or to attempt
any stacking without adequate equipment.
(2)
Store said portable containers or tanks in a manner so as to prevent
all sides thereof from being available for inspection.
(3)
Fail to maintain current inventory records indicating deliveries,
consumption, sale and final disposal of all toxic or hazardous materials
stored in portable containers or tanks and to maintain said records
for five years from the occurrence recorded.
(4)
Fail to handle said portable containers or tanks in accordance with
any regulations and standards promulgated pursuant to this subsection.
(5)
Store said portable containers in numbers in excess of the maximum
allowed by the approved design of the storage facility.
C.
Inspections.
(1)
It shall be unlawful for the owner or other person in possession
or control of a storage facility containing portable containers or
tanks for the storage of toxic or hazardous materials to fail to have
said facility or part thereof containing said portable containers
or tanks inspected:
(a)
Prior to application for the renewal of a permit to operate a storage facility, issued pursuant to § 330-7.
(b)
Subsequent to any substantial modification of the storage facility
or part thereof containing said portable containers or tanks and prior
to the using or putting into service of a storage facility or part
thereof.
(c)
Prior to the using or putting into service of said storage facility
or part thereof after repairs had been performed on it.
(2)
It shall be unlawful to fail to have the inspections required by Subsection C(1) above performed in accordance with the provisions of § 330-11B(3)(c) and all regulations and standards promulgated pursuant thereto and those promulgated under this subsection.
(3)
It shall be unlawful to fail to file a proof of inspection with the Township within 30 days of the performance of an inspection required by Subsection C(1) above complying with the provisions of § 330-11B(3)(c) and any regulations and standards promulgated pursuant thereto.
D.
It shall be unlawful for any person to repair or modify or to cause
or permit said repairs or modifications of a storage facility or part
thereof containing portable containers or tanks for the storage of
toxic or hazardous materials without performing said repairs or modifications
or having them performed pursuant to a written protocol previously
submitted to and approved by the Township.
E.
At the discretion of the Township, § 330-15A(1), (4), (5) and (6) and § 330-15C may be waived for temporary facilities, such as spill cleanup operations.
A.
It shall be unlawful for any person to fabricate, construct, install,
repair, or modify any bulk storage facility or part thereof without
doing so in accordance with a written protocol previously submitted
to and approved by the Township.
B.
It shall be unlawful for any person to fabricate, construct, install,
modify, repair, use, maintain or operate any bulk storage facility
or part thereof without:
(1)
Doing so in a manner that will prevent toxic or hazardous materials
contained therein from coming into contact with precipitation or other
sources of moisture, unless there is a provision made for collecting
and treating the leachate and runoff generated so as to prevent a
discharge of toxic or hazardous materials to the ground, groundwaters
or surface waters of Toms River Township and so as to prevent the
development of an explosive, incendiary or other hazardous or dangerous
condition.
(2)
Providing for the segregation of and without segregating potentially
reactive chemicals which are toxic or hazardous materials or which
may react so as to form toxic or hazardous materials, which reaction
may present or cause a hazardous or dangerous condition.
(3)
Providing for and storing bagged toxic or hazardous materials on
pallets and within a roofed structure which prevents precipitation
from reaching the bags.
(4)
In the case of an indoor bulk storage facility, providing for and
providing an impervious floor, without floor drains, with a surrounding
impervious dike so as to provide containment for hazardous or toxic
materials generated from firefighting within the building.
(5)
Providing for and providing adequate security so as to protect the
storage facility and toxic or hazardous content therein from vandalism
and accident.
(6)
Complying with any regulations and standards which may be promulgated
pursuant to this section.
C.
Road deicing salt and other deicing materials are toxic or hazardous
materials. In addition to the foregoing provisions of this section,
road deicing salt may be stored near the shore or other areas where
no adverse environmental impact may occur without brine control so
long as the Township's approval for such a storage facility has
been applied for and received in advance.
A.
It shall be unlawful for the owner or other person in possession
or control of any storage facility or part thereof to fail to report
any unauthorized discharge, spill, leak or any recognizable loss of
toxic or hazardous materials therefrom or the failure of said storage
facility to the Township within one hour of the time such owner or
other person had sufficient evidence that he or she knew or should
have known of said unauthorized discharge, spill, leak, loss or failure.
A report to the Township shall not be deemed compliance with any reporting
requirement of any other federal, state or local law.
B.
It shall be unlawful for the owner or other person in possession
or control of any storage facility or part thereof to fail to keep
records in writing reflecting the types and amounts of toxic or hazardous
materials stored in said storage facility or part thereof at any given
time.
(1)
It shall be unlawful for the owner or other person in possession
or control of any storage facility or part thereof to fail to keep
records of the disposal or other transfer in or out of said storage
facility or part thereof, such records reflecting the types and amounts
of toxic or hazardous materials involved in the transfer. The name
and vehicle license and registration numbers of the transporter and
the intended destination must also be included if the material is
waste.
(2)
It shall be unlawful for any person required to keep records by any
provision of this article to fail to maintain said records available
for inspection by the Township for at least five years from the date
of the event, occurrence or transaction recorded. Copies shall be
provided by the owner or operator for the Township if requested.
(3)
It shall be unlawful for any person required to keep records by any
provision of this article to fail to keep, record and maintain said
records in accordance with any regulations and standards promulgated
pursuant to this section.
C.
It shall be the responsibility and obligation of any person who discharges
or causes or permits the discharge of any toxic or hazardous material
to the ground, groundwaters or surface waters of Toms River Township
to cease said discharge, to reclaim, recover and/or properly dispose
of the discharged toxic or hazardous material and any other substance
contaminated therefrom, to restore the environment to a condition
and quality acceptable to the Township and to repair any damages caused
thereby, all to the satisfaction of the Township.
(1)
It shall be unlawful for the owner or any other person in possession
or control of any source discharging toxic or hazardous materials
to the ground, groundwaters or surface waters of Toms River Township
to fail to cease said discharge immediately upon obtaining knowledge
or notice of its existence.
(2)
It shall be unlawful for the owner or any other person in possession
or control of any source discharging or which has discharged toxic
or hazardous materials to the ground, groundwaters or surface waters
of Toms River Township to fail to reclaim, recover and/or dispose
of the discharged toxic or hazardous materials. Where time permits,
cleanup shall be in accordance with a written protocol previously
submitted to and approved by the Township and State of New Jersey.
(3)
It shall be unlawful for the owner or other person in possession or control of any premises or place to fail to reclaim, recover and/or otherwise dispose of any toxic or hazardous materials discharged thereto, in accordance with a written protocol previously submitted to and approved by the Code Enforcement Officer, in the event that the persons described in Subsection C above are not ascertainable or otherwise fail to comply with the provisions of Subsection C(2). This provision shall not abridge any existing right of action in any person, nor shall it create any new right of action in any person.
(4)
It shall be unlawful for the owner or any person in possession or
control of any source which has discharged toxic or hazardous materials
to the ground, groundwaters or surface waters of Toms River Township
to fail to restore this environment contaminated or damaged by said
discharge to its condition prior to the discharge, repairing any damages
caused thereby in accordance with a written protocol previously submitted
to and approved by the Township and State of New Jersey, Department
of Environmental Protection.
(5)
It shall be unlawful for any person, who is required by this article
or by any order of the Code Enforcement Officer to reclaim, recover
or otherwise dispose of discharged toxic or hazardous materials and
other substances contaminated therefrom and/or to restore the environment
to the condition that existed prior to the discharge of toxic or hazardous
materials thereto, to fail to perform said required acts pursuant
to any regulations and standards promulgated pursuant to this subsection.
A.
It shall be unlawful for the owner or other person in possession
or control of any toxic or hazardous material storage facility or
part thereof to fail to report any unauthorized discharge, spill,
leak or any recognizable loss of toxic or hazardous material therefrom
or any fire within any facility or hazardous material or whenever
there is an imminent or actual emergency situation within any facility
or part thereof. Failure of said facility or owner or person in possession
or control thereof, or other person who had sufficient evidence that
he or she knew or should have known of said unauthorized discharge,
spill, leak, loss, fire, imminent or actual emergency situation within
or failure, to notify and report immediately to the Toms River Township
Fire Department, the Toms River Township Police Department and the
Toms River Township Code Enforcement Officer shall be a violation
of this article.
B.
A report to the Township shall not be deemed compliance with any
reporting requirement of any other federal, state or local law.
A.
Any information relating to secret processes or methods of manufacture
or production obtained in the course of an inspection or investigation
or submitted to the Township shall be kept confidential, except for
the use and purposes of the Township in the enforcement of this article
and the rules and regulations promulgated thereunder.
B.
Exemption.
(1)
In the event that a person claims to be unable to file complete reports
and/or plans and specifications on the grounds that it relates to
and is part of a secret process or method of manufacture or production,
an affidavit signed by an authorized person must be filed with the
Township stipulating:
(a)
The location of the process or equipment, specifying the building
and the section or part of the building in which it is located.
(b)
In general terms, the name of the process or equipment.
(c)
The means to be employed for the control of water contaminants.
(d)
The nature and estimated rate of discharge of contaminants to
the ground- or surface waters.
(e)
The authority of the person signing the affidavit.
(f)
A statement that the installation is related to a secret process
or method of manufacture or production.
(2)
In the event that such affidavit is filed, the Township shall determine
the extent to which an exemption should be granted. Any information
relating to secret processes, methods of manufacture or production
which may be required, ascertained or discovered by the Township shall
not be disclosed and shall be kept confidential.
A.
It shall be unlawful for the owner or other person in possession
or control of any place, building, land, vehicle or thing to store
toxic or hazardous materials therein without conspicuously posting
a notice thereat or thereon warning of the presence of such materials
and providing any safety information necessary to protect the public
and assist emergency response personnel in carrying out their responsibilities.
B.
It shall be unlawful for any person to use, maintain or operate any
storage facility or part thereof without:
(1)
Clearly labeling the specific contents of each portable container
conspicuously on said container.
(2)
Clearly labeling the specific contents of each indoor and aboveground
tank or vessel conspicuously thereon.
(3)
Clearly labeling the specific actual, intended and possible contents
of piping associated with any storage facility or part thereof at
or near the points of filling or drawing.
(4)
Conspicuously posting any permit issued pursuant to this article.
C.
It shall be unlawful for any person to falsely post or label any
container or storage facility or to post an invalid permit.
D.
It shall be unlawful for any person to use, maintain or operate any
storage facility or part thereof without complying with all regulations
and standards promulgated pursuant to this article.
Any requirement, mandate, prohibition or time limitation imposed
by this article or any regulation, standard or order generated hereunder
may be waived or modified by order of the Township.
The following shall be the permit fee schedule for permits issued
pursuant to this article:
A.
It shall be unlawful for any person to violate any of the provisions
of this article, any lawful rules and regulations promulgated under
this article, any lawful order of the Township of Toms River, Code
Enforcement Officer or his or her designee or any condition, limitation
or restriction which is part of an operating permit. It shall be the
duty of all municipal officials and employees to enforce provisions
of this article. No building permit shall be issued for the installation
of any improvement of facilities governed by the provisions of this
article without the prior approval of the Code Enforcement Officer
or his or her designee. In addition to any other remedies provided
by this article, the Code Enforcement Officer shall have the following
judicial remedies available to him for violation of this article,
any lawful rule or regulation promulgated under this article, any
lawful order of the Code Enforcement Officer or his or her designee
or any condition, limitation or restriction which is part of an operating
permit.
B.
The Code Enforcement Officer of the Township of Toms River may institute
a civil action in a court of competent jurisdiction to seek injunctive
relief to enforce compliance with or prohibit the violation of this
article, any lawful rule or regulation promulgated under this article
any lawful order of the Code Enforcement Officer or his or her designee
or any condition, limitation or restriction which is part of an operative
permit; and to seek injunctive relief to prevent injury to the air,
waters and property, including animal, plant and aquatic life, of
the Township of Toms River and to protect human health, safety and
welfare caused or threatened by any violation.
Whenever a violation of this article occurs or exists, any person,
individually or otherwise, who has a legal, beneficial or equitable
interest in the facility or instrumentality causing or contributing
to the violation or who has a legal, beneficial or equitable interest
in the real property upon which such facility or instrumentality is
located shall be jointly and severally liable for said violation,
regardless of fault and regardless of knowledge of the violation.
This provision shall be construed to impose joint and several liability,
regardless of fault and regardless of knowledge of the violation,
upon all persons, individually or otherwise, who, although no longer
having any such legal, beneficial or equitable interest in said facility
or instrumentality or real property, did have such an interest at
any time during which such violation existed or occurred or continued
to exist or to occur. This provision shall be liberally construed
to protect the public health, safety and welfare and to accomplish
the purposes of this article.
If any person or corporation shall fail or refuse to obey or
comply with or violates any of the provisions of this article or any
lawful rule or regulation promulgated hereunder or any lawful order
of the Code Enforcement Officer or his or her designee or any condition,
limitation or restriction which is part of an operating permit issued
or rendered under and pursuant to the provisions of this article,
such person or corporation, upon conviction of such offense, shall
be punished by a fine of $500 or by imprisonment not to exceed 90
days in the county jail, or both, in the discretion of the court.
Each day of continued violation shall be considered as a separate
offense.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Hazardous
Spills Reimbursement, adopted 11-14-2006 by Ord. No. 4052-06.
A.
Authority. This article is enacted pursuant to N.J.S.A. 40:42-1 et
seq., the Home Rule Act, which directs municipalities to act to provide
for the health, welfare and safety of their citizens.
B.
COLLECTING AGENCY
DISCHARGE
EXPENDABLE ITEMS
HAZARDOUS MATERIALS
TOWNSHIP
VEHICLE
VESSEL
VOLUNTEER ORGANIZATION
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Township of Toms River.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or pumping of hazardous substances into any waters which flow within
the jurisdiction of the Township or any land within the jurisdiction
of this Township or into the waters or land outside the jurisdiction
of the Township when damage may result to the people, lands, waters,
or natural resources within the jurisdiction of the Township.
Any items used to extinguish or prevent any hazardous material
or fire or stop or contain any leak, release or spill involving any
hazardous material which cannot be reused or replenished without cost
after that particular incident. These expendable items include, but
are not limited to, fire-fighting foam, chemical extinguishing agents,
absorbent materials, sand, recovery drums, and any protective equipment
and clothing, to include but not be restricted to chemical protective
suits, gloves, boots, goggles and any other item owned or controlled
by the Township of Toms River or owned or controlled by any volunteer
organization or other municipal organizations rendering assistance.
Any material, solid, liquid or gas listed as a hazardous
substance or material, including but not necessarily limited to the
NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, the list of hazardous substances and toxic pollutants
designated by the Federal Environmental Protection Agency (EPA) and
the New Jersey Department of Environmental Protection pursuant to
Section 311 of the Federal Water Pollution Control Act, Amendment
of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251
et seq.), and the list of toxic pollutants designated by Congress
or the EPA pursuant to Section 307 of the Federal Water Pollution
Control Act, and hospital or medical waste, including but not limited
to syringes, bandages and discarded pharmaceutical products and any
material warranting removal or cleanup in the opinion of the Toms
River Township Office of Emergency Management.
Includes the Township of Toms River's employees, agents,
officers, officials and supporting units as directed by the Office
of Emergency Management.
Any motorized equipment, registered or unregistered, including
but not limited to a passenger car, motorcycle, truck, tractor trailer,
construction equipment, farm machinery, watercraft, aircraft, and
trains.
Any container, drum, box, cylinder, bottle or tank used to
hold, contain, carry or store any hazardous materials, whether or
not said container was manufactured for the containment of hazardous
material.
Any duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
C.
Purpose; reimbursement rates.
(1)
This article provides for the reimbursement for the expenses incurred
by the Township of Toms River, any and all volunteer organizations,
as defined above, and all persons rendering both volunteer and nonvolunteer
services from other local municipalities for the use of their vehicles,
expendable items and equipment and for the wages (both regular and
overtime) paid to their employees, agents, servants, and those persons
from local municipalities who render nonvolunteer services as a result
of an incident involving a hazardous material fire or leak, release
or spill of a hazardous material and for the costs of medical and
hospital treatment for injuries incurred by agents, servants, and
employees of the Township of Toms River as well as those persons who
render voluntary service as part of a volunteer organization and/or
nonvoluntary service for the Township of Toms River as a result of
the incident.
(2)
Any person causing any hazardous material fire or leak, spill or
release involving a hazardous material must reimburse the Township
for the aforementioned services at the rate of $75 per hour for the
use of a lighting truck; $50 per hour for the use of any other vehicle
or equipment; $20 per hour for each hour of time rendered by a member
of a volunteer organization as defined above; for expendable items
at the rate of 100% of the current cost; 100% of the regular or overtime
wages, whichever is applicable, plus fringe benefits; and 100% of
the regular or overtime wages, whichever is applicable, plus fringe
benefits for clerical employees.
(3)
This article also provides a penalty for the violation of the article
for either committing a spill or for failure to report the same.
D.
Discharge prohibited; notice; liability for costs.
(1)
The discharge of hazardous substances is prohibited within the Township.
This article shall not apply to discharge of hazardous substances
pursuant to and in compliance with the conditions of a federal or
state permit.
(2)
Any person who may be subject to liability for a discharge or who
becomes aware of a discharge which occurred prior to or after the
effective date of this article shall immediately notify the Township
of Toms River Office of Emergency Management at the Municipal Engineering,
Planning and Code Building during normal business hours or through
the Toms River Township Police Department after business hours.
(3)
Whenever any hazardous substance is discharged, the Township may,
in its discretion, act to remove or arrange for the removal of such
discharge.
(4)
Any person who has discharged a hazardous substance or who has failed
to report a discharge or who is in any way responsible for any hazardous
substance which has been or shall be removed by the Township shall
be strictly liable, jointly and severally, without regard to fault,
for all cleanup and removal costs and shall be liable for the costs
associated with the use of Township or volunteer organization vehicles,
expendable items and equipment and for the wages (regular and overtime)
paid to Township employees, agents, and servants and those persons
from local municipalities who render nonvolunteer services as a result
of an incident involving a hazardous material fire or leak, release
or spill of a hazardous material and for the costs of medical and
hospital treatment for injuries incurred by agents, servants and employees
of the Township of Toms River as well as those persons who render
voluntary service as part of a volunteer organization and/or those
persons who render nonvoluntary service for the Township of Toms River
as a result of the incident.
E.
Parties responsible. Reimbursement to the Township for expendable
items used shall be made by the owner or operator of the vehicle responsible
for any hazardous material fire or leak or spill of hazardous material;
the owner or person responsible for the vessel containing the hazardous
material involved in such fire, leak or spill on public or private
property, whether stationary or in transit and whether accidental
or through negligence; the owner or person responsible for any property
from which any leak or spill of hazardous material emanates, whether
accidental or through negligence; and any person responsible for any
hazardous material fire, leak or spill of hazardous material on public
or private property, whether accidental or through negligence.
F.
Reimbursement for services. Any person causing any hazardous material
fire or leak, spill or release involving a hazardous material must
provide reimbursement for services rendered by any recovery company,
towing company or any other technical assistance called for by the
Township to handle such incident. In the event of a vehicle having
been responsible for an incident, such vehicle shall be impounded
until such time as it has been deemed safe to proceed by the responsible
official in conjunction and cooperation with the Township of Toms
River and until such time arrangements have been made to reimburse
the Township and the towing company for their expenditures under the
terms of this article.
G.
Period for payment. The person or entity responsible for any fire,
leak or spill of hazardous materials shall reimburse the Township
the full price of expendable items and costs used to extinguish such
fire, to stop or contain such leak, or to control such spill within
15 days after receipt of a bill therefor. The collections agency shall
utilize its best efforts to collect costs hereunder and shall reimburse
its agents or the local units for amounts collected. In the event
that the collection agency is not able to collect said costs or only
a portion thereof, the collection agency shall not be responsible
to its agents or the local units for the full amount of the same.
H.
Violations and penalties. The person or entity responsible for any
fire, leak or spill of hazardous material who or which fails to reimburse
the Township within the time required shall be subject to a fine of
not less than $300 nor more than $500 per day or to imprisonment for
a period of not more than six months, or both. The person or entity
responsible for committing a spill, or who or which fails to report
the same, will be liable for the same penalties as aforesaid stated.
I.
Office of Emergency Management Trust Account. The Township of Toms
River, through its Chief Financial Officer, shall be authorized to
open a bank account titled "Toms River Township Office of Emergency
Management Trust Account," and funds received from a) those persons
or parties responsible for the hazardous material fire or leak or
spill of hazardous material; b) the owner or person responsible for
the vessel containing the hazardous material involved in such fire,
leak or spill on public or private property, whether stationary or
in transit and whether accidental or through negligence; c) the owner
or person responsible for any property from which any leak or spill
of hazardous material emanates, whether accidental or through negligence;
and d) any person responsible for any hazardous material fire or leak
or spill of hazardous material on public or private property, whether
accidental or through negligence, shall be deposited into this account
and used for reimbursement purposes only.
