[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 3-22-1988 by Ord. No.
619. Amendments noted where applicable.]
[Amended 7-26-1988 by Ord. No. 627]
A.
All persons, which shall herein be construed to include individuals,
partnerships, corporations or other entities, having custody, control
or ownership of an underground tank storage system with a capacity
in excess of 1,100 gallons of flammable liquids (motor fuel) or such
an underground tank storage system with a capacity in excess of 2,000
gallons containing combustible liquids (heating oil) shall cause such
tank system and all connecting piping to be tested for leakage within
six months after the date of final passage of this chapter or any
amendment thereto.
B.
The owner of the real property on which any such tank system is installed
shall have the primary and ultimate responsibility for compliance
with this chapter.
C.
The definitions of the terms "flammable liquid" and "combustible
liquid" as used herein are as set forth in Section 3400 of the International
Fire Code, New Jersey Edition (2006), and applicable definitions in
accordance with the provisions of N.J.A.C. 7:14B-1.6.
[Amended 2-22-2011 by Ord. No. 977]
D.
The Petro-Tite Tank and Line Test (formerly the Kent-Moore Test)
or other methods approved by the New Jersey Uniform Construction Code[1] shall be utilized in testing for leakage of such underground
tanks.
[Amended 2-22-2011 by Ord. No. 977]
E.
Testing shall be performed by a person, firm or corporation duly
qualified to test underground flammable liquid storage tanks. Each
test shall be conducted during normal working hours and under conditions
prescribed by the Ho-Ho-Kus Construction Department. All tests shall
be conducted so as to demonstrate proof of tightness in accordance
with the standards of National Fire Protection Association (NFPA)
30.
[Amended 2-22-2011 by Ord. No. 977]
A.
The person having custody, control or ownership of the storage tank
shall furnish a written report of the test results to the Ho-Ho-Kus
Construction Department within 10 days of the completion of the test.
[Amended 2-22-2011 by Ord. No. 977]
B.
In the event that the test reveals a leakage, the owner or occupant
of the land upon which the tank is located shall immediately remove
all liquid in such tank and shall cease use of the tank until replacement
or repair so as to correct the leakage. Any tank which must be repaired
to correct leakage shall not be put into operation until after the
repairs are completed and until a further test is made which demonstrates
no leakage and until the Construction Department has certified that
the tank may return to service. Within 10 days after completion of
repairs, written certification that the tank has been repaired satisfactorily
shall be submitted by the responsible person to the Construction Department.
[Amended 2-22-2011 by Ord. No. 977]
C.
In all cases, the Construction Department shall have the discretion
to require that any tank which reveals a leakage be excavated and
removed. When the leaking tank is excavated and removed, the owner
or occupant of the land upon which the tank is located shall cause
any and all contaminated soil to be removed from the site to the satisfaction
of the Construction Department and the New Jersey State Department
of Environmental Protection. The soil shall be disposed of by an approved
hazardous waste firm, at the cost and expense of the person responsible,
under the direction of the Construction Department and the Department
of Environmental Protection.
[Amended 2-22-2011 by Ord. No. 977]
D.
In the event the Bureau of Fire Prevention requires removal of the
tank, such removal shall proceed no later than 30 days from the date
leakage was determined to exist. All replacement tanks shall comply
with the regulations regarding installation as promulgated by the
United States Environmental Protection Agency and the New Jersey Department
of Environmental Protection.
[Amended 2-22-2011 by Ord. No. 977]
Underground tanks removed from service or abandoned shall be
safeguarded or disposed of as prescribed by the Uniform Construction
Code and under conditions prescribed by the Fire Subcode Official
and/or the Building Subcode Official.
[Amended 2-22-2011 by Ord. No. 977]
The Construction Department may require that a storage tank
be tested at more frequent intervals than required by this chapter
if the Construction Department has reason to believe that there may
be a leakage.
[Amended 2-22-2011 by Ord. No. 977]
All testing and excavation of tanks shall be conducted only
upon a minimum of 72 hours' notice to the Construction Department
and under conditions prescribed by the Department for such testing
and removal.
Any person violating any of the provisions of this chapter shall
be subject to a fine not exceeding $500 or imprisonment in the county
jail for a term not exceeding 90 days, in the discretion of the Judge
of the Municipal Court before whom such conviction shall be had. Each
and every violation and nonconformance with this chapter or each day
that any provision of this chapter shall have been violated shall
be construed as a separate and distinct violation thereof.
[Added 2-22-2011 by Ord. No. 977[1]]
All other provisions of this chapter which are not affected
by Ordinance No. 977 are hereby ratified and confirmed and shall remain
in full force and effect. However, all ordinances or parts of ordinances
which are inconsistent with the provisions of Ordinance No. 977 are
hereby repealed to the extent of such inconsistency.
[Added 2-22-2011 by Ord. No. 977]
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter, but shall
be confined in its effect to the provision directly involved in the
controversy in which such judgment shall have been rendered.
[Amended 2-22-2011 by Ord. No. 977]
This chapter shall take effect after final passage and publication
as required by law.
