[Adopted 6-28-2016 by Ord. No. 14-2016]
A.
Legislative findings. The Township Council finds that the stopping,
layover and storage of rail cars containing hazardous materials, including
explosives, as defined herein, along rail routes adjacent to or in
close proximity to populated areas of the Township constitute an essentially
local safety hazard and that, in the interest of providing for the
health and safety of the population of the Township, and for the purpose
of protecting the population from the danger and devastation of hazardous
materials leaks or explosions, the provisions of this article are
enacted.
B.
Interpretation. It is the intention of the Township Council that
this article shall supplement federal and state law and shall be interpreted
in a manner uniformly consistent with the laws and regulations of
the United States and the state of New Jersey, so far as possible,
to avoid an undue burden on commerce.
As used in this article, the following terms shall have the
meanings indicated:
Any substance, or combination of substances, the primary
or common purpose of which is detonation or rapid combustion and which
is capable of a relatively instantaneous or rapid release of gas and
heat.
The term "explosive" or "explosives" shall include, but shall
not necessarily be limited to, any of the following:
Propane, butane, dynamite, nitroglycerine, picric acid, lead
azide, fulminate of mercury, black powder, smokeless powder, propellant
explosives, detonating primers, blasting caps, commercial boosters,
or nitrocarbonitrates (oxidizing materials) when stored in a combined
load with any explosive, as defined in this section.
Substances determined to be Class A or Class B explosives as
classified by the United States Department of Transportation.
Any material or combination of materials, including atomic waste
materials, that spontaneously emit ionizing radiation.
The term "explosives" as used in this article shall not be deemed
to include small arms ammunition of 0.75 caliber or less or any other
Class C explosives as classified by the United States Department of
Transportation.
The term "explosives" does not include special fireworks classified
by the United States Department of Transportation as Class B explosives.
Any material, solid, liquid or gas, classified as a hazardous
material by federal, state or local legislation or regulation.
A railroad engineer, conductor, yardmaster, train master,
dispatcher, brakeman, terminal superintendent or any employee or other
individual employed by or otherwise representing a rail carrier.
Every rail corporation, freight line, freight forwarder,
dispatcher, car-loaning or car-renting company, railroad, or other
company transporting explosives by train.
The purposeful parking of rail cars or rail tank cars on
railroad tracks to remain in such location for a period of time to
exceed 24 hours.
Every person having control of the movement, stopping or parking
of a railroad train which is transporting hazardous materials or explosives
within the Township of Mount Olive shall operate the train in compliance
with this article unless federal or state laws and regulations impose
a greater affirmative obligation or a greater restraint, or unless
compliance with this article would prevent full compliance with federal
or state laws or regulations by persons subject thereto.
No person having control over the movement, stopping or parking
of a railroad train, which train includes any rail car or cars containing
hazardous materials or explosives, shall knowingly cause the stopping
or parking of such train or of such rail car or cars, whether separated
from or attached to a railroad locomotive or whether attached to or
separated from other rail cars not containing explosives, within the
Township, except when such stopping or parking is at a distance of
not less than 1,000 from any building, dwelling house, or other improvement
upon real property except real property in lawful possession of any
rail carrier, provided such property in possession of a rail carrier
is not a passenger station or other improvement to which the public
is generally admitted. This section does not apply to the stopping
or parking of a rail car or cars containing hazardous materials or
explosives when necessary to make emergency repairs to rail tracks
or beds, to cars, engines, or other equipment used to transport hazardous
materials or explosives; nor does it apply to stopping or parking
necessary for the loading or unloading of rail cars, nor for the changing
of crews, the switching of cars or trains from one track to another,
the substitution of locomotives, nor inspection for safety purposes,
nor when due to a wreck, derailment, flood, slide, or other act of
God. All such stopping or parking must, however, be minimized by the
prompt execution of such measures as are possible under the circumstances
in order to remove all cars containing explosives to a distance of
not less than 1,000 feet from improved real property. Fences, roads,
bridges, power transmission lines, telephone poles, culverts, and
sign posts do not constitute improvements to real property for the
purposes of this section.
No person having control over the storage of a railroad train,
which train includes any rail tank car or tank cars containing hazardous
materials or explosives, shall knowingly cause the storage of such
rail tank car or tank cars, whether separated from or attached to
a railroad locomotive or whether attached to or separated from other
rail cars not containing hazardous materials or explosives, within
the Township, except when such storage is at a distance of not less
than 1,000 feet from any building, dwelling house, or other improvement
upon real property except real property in lawful possession of any
rail carrier, provided such property in possession of a rail carrier
is not a passenger station or other improvement to which the public
is generally admitted.
It is unlawful and constitutes a misdemeanor for any person
to violate the provisions of this article. Every person convicted
of a misdemeanor for violation of any of the provisions of this article
shall be punished by a fine of not more than $500 or by imprisonment
for not more than six months, or by both such fine and imprisonment.
Any person arrested for violation of this article may be cited to
appear in court by written notice prepared in the manner provided
for in the New Jersey Code of Criminal Justice.
