[HISTORY: Adopted by the Borough Council of the Borough of Lodi 9-19-1990 by Ord. No. 90-15. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Schedule A, Hazardous Chemicals and Materials
As used in this chapter, the following terms shall have the meanings indicated:
ACTIVE STORAGE
The transfer of materials directly from delivery vehicle into the chemical process.
FLAMMABLE HAZARD
The term includes all gases, liquids and solids which meet the following criteria.
A. 
Gas. Any gas that, at ambient temperature and pressure:
(1) 
Forms a flammable mixture with air at a concentration of 13% by volume or less; or
(2) 
Forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit.
B. 
Liquid. Any liquid having a flash point below 100° F., except any mixture having components having flash points of 100° F. or higher, the total of which make up 99% or more of the total volume of the mixture.
C. 
Solid. Any solid other than a blasting agent or explosive that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and, when ignited, burns so vigorously and persistently as to create a serious hazard. A solid chemical shall be considered to be a flammable hazard if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than 1/10 of one inch per second along its major axis.
HEALTH HAZARD
Any substance for which it is established by statistically significant evidence from a single study conducted under established scientific principles that acute health effects occur in exposed persons.
HEALTH HAZARD IN MIXTURES
Any substance which contains:
A. 
More than 1% by weight of any one or more substances determined to be a health hazard;
B. 
More than 0.1% by weight of any substances listed as a carcinogen or suspected carcinogen; or
C. 
Less than 1% by weight of a component which is a health hazard, or less than 0.1% of a carcinogen or suspected carcinogen, but which may release hazardous or carcinogenic gases at levels greater than OSHA, PEL or ACGIH TLV® maximums.[1]
OXIDIZER
Any substance which initiates or promotes combustion.
PERSON
An individual, sole proprietorship, partnership, corporation or other business entity.
PYROPHORICS
Any substance which ignites spontaneously in air at 130° F. or less.
QUALIFIED PERSON
An individual possessing a detailed knowledge of the chemical and physical processes of a permit holder, trained and designated by the permit holder.
REACTIVE SUBSTANCE
Any substance which vigorously polymerizes, condenses, or is self-reactive under shock, pressure or temperature.
REACT WITH WATER
Any substance which releases a toxic or flammable gas when placed in contact with water.
[1]
Editor's Note: The term "organic peroxides," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this chapter, the term shall include all substances which are deemed to be a health hazard, a health hazard in mixture, or a flammable hazard, including all oxidizers, organic peroxides, pyrophorics, reactive substances, those substances which react with water as above defined, and any hospital or medical waste including, but not limited to syringes, bandages and pharmaceutical products. The class of hazardous chemicals shall include all substances which meet applicable reporting standards in the New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq.), and shall specifically include all substances contained in the lists, classes and tables identified in Schedule A of this chapter.[1]
[1]
Editor's Note: Schedule A is attached to this chapter.
The office of Borough Chemical Engineer is hereby established. The Borough Chemical Engineer shall be appointed by the Mayor, with the approval of the Council, and shall serve at the Mayor's pleasure. He or she shall be compensated as set forth in the then current Salary Ordinance of the Borough of Lodi and need not serve full time. The minimum qualifications for such appointment shall be a bachelor's degree in chemical engineering or chemistry, three years' experience relating to hazardous chemicals, and a thorough knowledge of state and federal rules and regulations relating to hazardous chemicals, as well as current industry safety standards and practices.
A. 
A Hazardous Chemical Control Board is hereby established. The Board shall consist of:
(1) 
Borough Chemical Engineer.
(2) 
Health Officer.
(3) 
Fire Prevention Officer.
(4) 
Electrical Inspector.
(5) 
Plumbing Inspector.
(6) 
Building Inspector.
(7) 
Emergency Coordinator.
(8) 
Fire Chief or his designee.
(9) 
A member of the Borough Council to be appointed by the Council President yearly.
(10) 
An industrial representative, who shall be an employee of a permit holder, appointed yearly by the Mayor, subject to Council approval. The industrial representative may take part in all discussions and deliberations of the Board but shall not vote upon any matter nor participate in any inspections.
B. 
At its yearly reorganization meeting, the Hazardous Chemical Control Board shall select a Chairman and Vice Chairman, by a majority vote of the full membership, to serve in that capacity for the ensuing year. With the approval of the Council, the Mayor shall appoint a Secretary to the Board, who shall not be a member, and a Board Attorney. The Secretary and Attorney shall be compensated as set forth in the then current Salary Ordinance of the Borough of Lodi.
A. 
All persons who shall manufacture, handle, transport, store, process or otherwise deal with or use more than the specified minimum quantity of hazardous chemicals or materials as set out in Schedule B of this chapter shall be required to obtain a hazardous chemical permit to be issued by the Hazardous Chemical Control Board and to pay the fees as set forth in Schedule B.[1] All permits shall expire on December 31 of the year issued. Permits shall be conspicuously displayed upon the premises for which the permit was issued. No permit shall be transferable without the specific written approval of the Hazardous Chemical Control Board.
[1]
Editor's Note: Schedule B has been repealed.
B. 
If a dispute shall occur as to whether or not a particular substance is a hazardous chemical as contemplated by this chapter, such dispute shall be submitted to the Borough Chemical Engineer, who shall make the appropriate determination.
A. 
No permit shall be required for:
(1) 
Less than the minimum quantities as set forth in Schedule B.[1]
[1]
Editor's Note: Schedule B has been repealed.
(2) 
Any materials when contained solely in consumer products packaged for distribution to, and use by, the general public.
(3) 
Commercial products used at a facility solely for janitorial or minor maintenance purposes, such as wax stripper or paint thinner, when stored for on-premises use or consumption.
(4) 
Vehicle fuel or heating oil or gas, when stored for on-premises consumption.
(5) 
All retail sales or service businesses.
B. 
All commercial facilities which are exempt only by reason of Subsection A(2) or (5) shall file a written description or plot plan with the Fire Official reporting the location, the amount, and the chemical or common name of all hazardous materials stored at such facility. All such commercial enterprises shall be responsible to update such descriptions, in writing, within 14 days following any significant changes in any of the matters reported.
It shall be the duty of the Borough Chemical Engineer to perform the following functions:
A. 
Supervise the periodic inspections of all premises for which a permit has been issued, review the submitted reports concerning such inspections and make recommendations to the Hazardous Chemical Control Board based on such reports.
B. 
Issue violation letters and sign complaints for the violation of the provisions of this chapter.
C. 
Make quarterly reports in writing to the Mayor and Council and to the Hazardous Chemical Control Board.
D. 
In case of emergency or imminent hazard to life or property, to order a remedy, including the immediate suspension of the hazardous chemical process or activity causing the emergency or hazard.
E. 
Such other responsibilities as are set forth in this chapter.
A. 
All applications for hazardous chemical permits, initial applications and/or renewal shall consist of the following documentation and shall be submitted in complete form to the Borough Clerk:
(1) 
Completed application on form to be supplied by the Borough Clerk.
(2) 
A statement of the quantity, phase type (i.e., solid, liquid, gas) and chemical name or other description for each hazardous chemical or material.
(3) 
Completed Material Safety Data Sheet for each hazardous chemical or material.
(4) 
A plot plan for the premises for which application is made, drawn on a scale of no less than one inch equals 20 feet, showing the location of all buildings and structures, the location of all storage areas, the type of storage (e.g., underground tank, aboveground tank, fifty-five-gallon drums, etc.), and the intended capacity of storage in each such area.
(5) 
Copies of all documents, directives, orders, reports and requests transmitted to or received from the New Jersey Department of Environmental Protection relating to any of the provisions or requirements of the New Jersey Toxic Catastrophe Prevention Act (N.J.S.A. 13:1K-19 et seq.).
(6) 
A list of qualified persons employed by the applicant to be contacted in case of emergency. All permit holders shall notify the Fire Official, in writing, of all additions to or deletions from such list within 14 days of any such change.
(7) 
An affidavit of the applicant setting forth that the matters contained in the application are true and complete.
(8) 
Permit fee and total quantity fee. The Borough Clerk shall provide a copy of each complete application to the Council.
B. 
The completed Material Safety Data Sheet and/or plot plan described in § 290-8A(3) and (4) shall not be required if Material Safety Data Sheets and/or plot plans satisfying the requirements of this chapter have previously been filed with the Director of the Borough Emergency Planning Committee pursuant to the New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq.).
C. 
All applications for renewal of an existing permit shall be submitted on or before October 31 of the year preceding the year for which renewal is sought. All applications submitted shall be referred to the Borough Chemical Engineer, who shall make an initial determination of whether such applications are complete. Any application determined to be deficient shall be returned to the applicant along with a written explanation, signed by the Borough Chemical Engineer, of such deficiencies. The applicant shall cure deficiencies and resubmit such application within 14 days following the date of written explanation, unless such period shall be extended in writing by the Borough Chemical Engineer, for good cause, upon written request of the applicant.
D. 
If the Borough Chemical Engineer shall determine that an application is complete, he or she shall submit a written recommendation to the Hazardous Chemical Control Board as to whether or not such application should be granted, setting forth the reasons therefor. A copy of such recommendation shall be forwarded to the applicant.
E. 
The Hazardous Chemical Control Board shall conduct a public hearing on each application, except those renewal applications indicating no material change, as determined by the Borough Chemical Engineer, from the previous year's application, within a reasonable time after submission in complete form. The applicant shall be notified in writing of the date of such hearing at least 10 days prior to such date. A brief notice of such hearing shall be published by the Hazardous Chemical Control Board in a newspaper of general circulation within the Borough of Lodi at least seven days prior to such hearing.
F. 
The Chairman of the Hazardous Chemical Control Board shall preside at and conduct all hearings. The applicant, as well as all objectors and other interested parties, shall be allowed to present evidence and testimony. The testimony of all witnesses shall be under oath. Strict rules of evidence shall not apply. All hearings shall be electronically recorded. The applicant may elect to have the proceedings transcribed by a certified shorthand reporter, at his or her own expense.
G. 
After close of the hearing, the Hazardous Chemical Control Board may vote to grant, to deny, or to reserve judgment for a reasonable period. Final judgment of the Board to grant or deny shall be embodied in a written resolution setting forth the reasons for such a decision and reciting the facts upon which such decision was based. Copy of such resolution shall be provided the applicant within seven days following adoption.
[Amended 10-28-1991 by Ord. No. 192-7]
All hazardous chemical permits shall be issued by the Borough Clerk and shall bear the signature of the Borough Clerk and the Borough Chemical Engineer. The permit shall contain the name and address of the permit holder, the address of the premises for which the permit is issued, and the chemical or other identifying name and the quantity of each substance for which the permit was granted.
A. 
An amendment to an issued permit shall be required when a permit holder desires to add a substance to the permit, to change from one substance to another, to increase the allowable quantity of any substance, or to change from one form or location of storage to another.
B. 
All requests for amendment detailing the specific amendment requested shall be submitted in writing to the Borough Chemical Engineer. If the request shall require any change in the plot plan submitted in conjunction with the application for such permit, an amended plot plan shall also be submitted.
C. 
The Borough Chemical Engineer shall have the authority to approve all requests for amendment which do not involve the increase in quantity of any permitted substance or which do not materially increase any risk to public health, safety or welfare. All other amendments must be approved by the Hazardous Chemical Control Board. In making any determination concerning a request for amendment, the Borough Chemical Engineer may require the applicant to submit any further information which he or she feels is necessary to make an informed determination.
D. 
If the Borough Chemical Engineer shall determine that the amendment is of a type which does not require Hazardous Chemical Control Board approval and that such amendment should be granted, he shall convey that determination in writing to the applicant and to the Hazardous Chemical Control Board. If the Borough Chemical Engineer shall determine that any amendment should not be granted or that the amendment is of a type which must be approved by the Hazardous Chemical Control Board, he or she shall notify the Board in writing of the reasons for such determination and shall submit such application to the Hazardous Chemical Control Board for further consideration. Copy of such writing shall also be provided to the applicant.
E. 
All requests for amendment submitted to the Hazardous Chemical Control Board by the Borough Chemical Engineer shall be considered by the Board within a reasonable time after submission and upon at least 10 days' written notice to the applicant. For all such applications, except those which the Borough Chemical Engineer has declined to approve, the Hazardous Chemical Control Board shall hold a public hearing and shall cause a brief notice of such hearing to be published in a newspaper of general circulation within the Borough of Lodi at least seven days prior to such hearing.
F. 
Hearing on such applications shall be held in the same manner as set forth in § 290-8E and F of this chapter.
G. 
Upon the approval of any request for amendment, and upon the payment of any increased fee necessitated by the amendment, the Borough Chemical Engineer shall forward an amendment to a hazardous chemical permit to the permit holder, which shall clearly state the extent of the amendment granted. Such amendment shall be considered a part of the permit and shall be attached to and conspicuously displayed with the permit.
A. 
Under the supervision and direction of the Borough Chemical Engineer, all premises for which a hazardous chemical permit is issued shall be inspected at least twice yearly to determine compliance with this chapter and with applicable state or federal standards. Such inspection may also include the sampling and testing of any effluent discharged into the sewer systems of the Borough of Lodi. If samples are taken, 1/2 of each sample, properly labeled and signed by the sample taker, shall be provided to the permit holder. The remaining half shall be retained by the Borough.
B. 
Inspections may be made by the Borough Chemical Engineer, any member of the Hazardous Chemical Control Board, any subcode official of the Borough of Lodi, or any inspection team approved by the Hazardous Chemical Control Board and composed of any number of the foregoing officials.
C. 
Within 10 days following the completion of such inspection, the inspector or inspection team shall submit a written report to the Borough Chemical Engineer setting forth the manner in which such inspection was conducted, the results of such inspection, any violations discovered, and any recommendations the inspector or inspectors deem reasonable or necessary.
D. 
Concerning each such inspection, the Borough Chemical Engineer shall prepare a written report for the Hazardous Chemical Control Board based upon the inspection documentation submitted as well as any other data or information he or she deems relevant.
E. 
For good cause, the Borough Chemical Engineer may order inspections of any permit holder's premises at any time.
F. 
In case of an emergency, the Borough Chemical Engineer shall have the right to enter a permit holder's premises at any time.
The following rules, regulations and standards shall apply to all permit holders and to all premises for which such permits are issued:
A. 
All permit holders shall comply with all building, health and other codes adopted by the Borough of Lodi, with all nationally recognized standards, and with all laws, rules, regulations or orders of the state and federal governments and agencies.
[Amended 10-28-1991 by Ord. No. 192-7]
B. 
All hazardous chemical operations shall be carried out in a manner to protect the health, safety and welfare of the general population and in accordance with this chapter.
[Amended 10-28-1991 by Ord. No. 192-7]
C. 
A qualified person shall be in charge of all hazardous chemical operations in all places and at all times such operations are being carried out.
[Amended 10-28-1991 by Ord. No. 192-7]
D. 
Explosives and unstable reactives are prohibited, except for small lab samples.
E. 
Storage tanks, storage areas, and fill and vent pipes for underground tanks shall be clearly marked in accordance with NFPA standards.
F. 
Storage vehicles, aboveground tanks, railcars and other liquid containers shall be provided with suitable means for containment and safe disposition of leaks or spills.
G. 
Underground tanks in use for more than 20 years are subject to retesting when required by the Borough Chemical Engineer.
H. 
Tank trucks and tank cars shall not be used for active storage except as specifically allowed by this chapter.
[Amended 10-28-1991 by Ord. No. 192-7]
I. 
Active storage shall only be allowed with prior written notice to the Borough Chemical Engineer and for periods not to exceed 10 working days. Active storage shall be equipped with adequate drainage, comply with all Department of Environmental Protection regulations and be provided with approved automatic fixed fire suppression. Active storage shall also comply with all conditions deemed necessary by the Borough Chemical Engineer.
[Amended 10-28-1991 by Ord. No. 192-7]
J. 
All loading and unloading of hazardous chemicals shall take place entirely on the permit holder's premises.
K. 
Hazardous chemicals shall not be transferred directly from vehicles or tank cars into portable containers as a means of transferring such materials to other storage containers.
L. 
Vehicles and tank cars carrying chemicals intended for delivery to any permit holder shall be parked in a secure area on the permit holder's premises within 24 hours following the entry of such vehicle or tank car into the Borough of Lodi.
M. 
Flammables and combustibles shall be loaded or unloaded within two working days. All other hazardous chemicals shall be loaded or unloaded within five working days. If compliance is not possible, the Borough Chemical Engineer shall be notified by phone and by mail, and he or she may impose whatever conditions are deemed necessary.
[Amended 10-28-1991 by Ord. No. 192-7]
N. 
In all buildings where hazardous chemical operations are performed, there shall be two separate exitways leading to less hazardous areas. All exitways shall comply with the New Jersey Uniform Construction Code requirements for Use Group H.
[Amended 10-28-1991 by Ord. No. 192-7]
O. 
All enclosed areas where hazardous chemical operations are performed shall be equipped with an approved automatic sprinkler system or other approved means of fixed fire suppression. Explosion vents shall be provided in accordance with the requirements of the New Jersey Uniform Construction Code.
[Amended 10-28-1991 by Ord. No. 192-7]
P. 
All boilers or pressure vessels shall comply with applicable laws, regulations and standards. Any boiler or pressure vessel not in compliance shall be declared an imminent hazard and shall immediately be brought to atmospheric pressure, emptied of its contents and taken out of operation.
Q. 
All operations shall be conducted to minimize the release of noxious or toxic emissions. Violations of state and federal air, water or solid waste laws shall also be a violation of this chapter.
R. 
In the event of any fire, explosion, structural failure, spill, personal injury or other accident relating to hazardous materials requiring the filing of a report pursuant to the Federal Occupational Safety and Health Act or any other federal or state statute, rule or regulation, the permit holder shall immediately notify the Lodi Police Department, regardless of the permit holder's ability to control the effects of the accident.
S. 
The abandonment or removal of underground tanks shall comply with all state and federal rules and regulations. The permit holder shall file an amended plot plan reflecting such abandonment or removal.
Any permit holder who causes the discharge, spill or leakage of any hazardous chemical or material or who causes any hazardous chemical or material fire shall be responsible to reimburse the Borough of Lodi for the repair or replacement cost of any Borough property damaged or destroyed, for the cost of any extraordinary services rendered by any Borough agent or employee, for the cost of the services rendered by any private entity employed by the Borough, including any towing or recovery company, for any technical assistance or advice required, for the cost of any special chemicals or materials employed to control or contain such discharge or fire, and for any other expenses incurred by reason of such fire. A statement of such costs shall be certified by the Borough Manager and shall be served on the permit holder either personally or by certified mail. Such statement shall not include the costs of ordinary emergency response generally available to all citizens of the Borough. The permit holder shall pay the full amount set out in such statement to the Borough of Lodi through the office of the Borough Clerk within 30 days of receipt.
All information supplied by a permit holder or applicant and designated as a "trade secret" shall be kept in confidence by the Hazardous Chemical Control Board. Access to such information shall be limited to those persons having a need to know in order to perform their duties. The Hazardous Chemical Control Board shall comply with New Jersey Department of Environmental Protection regulations concerning trade secrets.
A. 
Before any complaint is issued for the violation of any provision of this chapter, the Borough Chemical Engineer shall give written notice to the permit holder of all violations and specify a reasonable period to abate or correct such violations. Such reasonable period shall not be more than 10 days for all violations except those requiring structural or mechanical changes, in which case such period shall not exceed 30 days. No complaint shall be filed if the violation is corrected or abated or if correction or abatement is commenced in good faith during such time period. The provisions of this subsection shall not apply to complaints charging failure to secure the permit required under this chapter.
B. 
Any person who violates any provision of this chapter shall be subject to a fine not to exceed $1,000 or to a term of imprisonment not to exceed 90 days, or both. Each day of violation shall constitute a separate and distinct offense.
A. 
Any permit issued under this chapter may be revoked for persistent violation of the terms of this chapter or for failure to pay charges certified pursuant to § 290-13 within the time specified.
B. 
All actions for revocation shall be instituted by the Borough Chemical Engineer upon written notice to the permit holder. Such notice shall be served personally or by certified mail and shall set forth the reasons why such permit should be revoked.
C. 
The Hazardous Chemical Control Board shall conduct a public hearing on each action for revocation upon at least 10 days' written notice to the permit holder, served personally or by certified mail. A brief notice of such hearing shall be published in a newspaper of general circulation within the Borough at least seven days prior to such hearing. Public hearings shall be conducted in the same manner as set forth in § 290-8E.
D. 
After close of the hearing, the Hazardous Chemical Control Board may vote to revoke the permit, to deny revocation, or to impose any reasonable restrictions or conditions upon the operations of the permit holder as are justified by the evidence presented. The Board may also reserve judgment for a reasonable period. Final judgment of the Board shall be embodied in a written resolution setting forth the judgment of the Board and reciting the facts upon which such decision was based. Copy of such resolution shall be served upon the permit holder, either personally or by certified mail, within seven days following adoption