Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
[1999 Code § 8.56.010]
This section shall regulate and control air pollution in the Township.
[1999 Code § 8.56.020]
It is declared that pollution of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other contaminants is a menace to the health, welfare and comfort of the residents of Edison Township and a cause of substantial damage to property. For the purpose of controlling, and reducing atmospheric pollution, it is declared to be the policy of the Township to minimize air pollution as herein defined and prohibit excessive emission of the same, to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion which are a source or potential source of air pollution, and, in furtherance of this purpose, to cooperate and coordinate these efforts with the State Department of Health, Air Pollution Control Program.
[1999 Code § 8.56.030]
As used in this section:
AIR POLLUTION
Means the presence in the outdoor atmosphere of one (1) or more air contaminants in such quantities and duration as are or tend to be injurious to human health or welfare, to animal or plant life or to property, or would unreasonably interfere with the enjoyment of life or property throughout the Township as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
ECONOMIC POISONS
Means those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
FUEL-BURNING EQUIPMENT
Means any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, oven, stove, kiln, still or other apparatus, or a group or collection of such units, in the process of fuel burning for the generation of heat or power. Refuse-burning equipment shall be considered incinerators as herein defined and not as "fuel-burning equipment" under this definition. Ovens, stoves or ranges used exclusively for domestic cooking purposes are not included herein.
INCINERATOR
Means any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including, but not limited to, refuse, rubbish, garbage, debris or scrap, or facilities for cremating human or animal remains.
ODOR
Means a property of a substance which affects the sense of smell.
OPEN BURNING
Means any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
OPERATOR
Means any person who has care, custody or control of a building or premises or a portion thereof, whether with or without knowledge of the owner thereof.
OWNER
Means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any premises or part thereof, including, but not limited to, a dwelling or dwelling unit, as owner or agent of the owner, or as a fiduciary, including, but not limited to, executor, administrator, trustee, receiver, guardian, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee or sublessee of all or any part of any premises, including, but not limited to, a dwelling or dwelling unit, shall be deemed to be a co-owner with the lessor and shall have joint responsibility with the owner over the premises or portion thereof so leased or subleased.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals.
REFUSE
Means all putrescible and nonputrescible wastes (except body wastes), and shall include, but not be limited to, garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RINGELMANN SMOKE CHART
Means Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, or any chart, recorder, indicator or device for the measurement of smoke density which is approved by the State Department of Health of the State of New Jersey as the equivalent of Ringelmann's Scale.
RUBBISH
Means solids not considered to be highly flammable or explosive, and shall include, but not be limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATIONS
Means any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
SMOKE
Means small gasborne and airborne particles arising from a process of combustion in sufficient number to be observable.
TRADE WASTE
Means all solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, and shall include, but not be limited to, plastic products, carton, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
[1999 Code § 8.56.040]
a. 
No person shall cause, suffer, allow or permit open burning of refuse or plant life nor conduct a salvage operation by open burning, except as provided in paragraph b. below.
b. 
The open burning of trade waste is not prohibited where no other known method of disposal can be used without hazard to health or property and the required affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Health in accordance with Chapter II, Section 1.4 of the New Jersey Air Pollution Control Code.
[1999 Code § 8.56.050]
a. 
No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air.
b. 
The provisions of this subsection shall not apply to smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, for a period or periods aggregating no more than three (3) minutes in any fifteen (15) consecutive minutes.
[1999 Code § 8.56.060]
a. 
Smoke Emissions. No person shall cause, suffer, allow or permit smoke from any incinerator, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air; or emissions of such opacity within a stack or chimney or, exclusive of water vapor, of such opacity leaving a stack or chimney, to a degree greater than the emission designated as No. 1 of the Ringelmann Smoke Chart.
b. 
New Fires. The provisions of paragraph a. shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart (for a period of no longer than three (3) consecutive minutes; or to emissions of such opacity leaving a stack or chimney or, exclusive of water vapor, of such opacity leaving a stack or chimney, to a degree which is not greater than the emissions designated as No. 2 of the Ringelmann Smoke Chart, for period no longer than three (3) consecutive minutes.
c. 
Visible Particles. No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which are individually large enough to be visible while suspended in the atmosphere.
d. 
Odors. No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
e. 
Limitation on Time of Operation. No person shall operate, and no owner or operator of any building in the Township shall permit the operation of, an incinerator prior to 7:00 a.m. or after 5:00 p.m. of any days, and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of material in a safe manner from the firebox to a noncombustible container; provided, however, that by special permit, the Health Officer may, because of exceptional circumstances, permit different hours of operation under such conditions as he or she shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
[1999 Code § 8.56.070]
No person or owner of property, and no person having possession or control of property, shall cause, suffer, allow or permit to be emitted into the open air substances in such quantities as shall result in air pollution. The provisions of this subsection shall not apply to the use of economic poisons.
[1999 Code § 8.56.080]
a. 
All buildings and premises subject to this section are subject to inspection from time to time by the Health Officer or his or her duly authorized representatives. All rooms and areas in the building shall be available and accessible for such inspection, which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:
1. 
The premises are not available during the foregoing hours for inspection; or
2. 
There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or
3. 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
b. 
Emergency inspections may be authorized without warrant if the Health Officer has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall take place only where the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Emergency inspections may also be authorized by the Governor in times of air pollution emergencies in accordance with N.J.S.A. 26:2C-32. Where the Health Officer or his or her duly authorized representatives are refused entry or access or are otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this section.
[1999 Code § 8.56.090]
a. 
The Health Officer may, upon affidavit, apply to any judge for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of the section may exist on the premises, including one (1) or more of the following:
1. 
That the premises require inspection according to the cycle established by the Health Officer for periodic inspections of premises of the type involved;
2. 
That observation of external conditions (for example, smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this section exist;
3. 
Circumstances such as age and design of fuel-burning equipment and/or system types of incinerator, particular use of premises or other factors render systematic inspections of such building necessary in the interest of public health and safety.
b. 
If the Judge is satisfied as to the matters set forth in the affidavit, he or she shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[1999 Code § 8.22.010]
The purpose of this section is to provide a mechanism for the Township of Edison to independently monitor and analyze the environmental remediation of redevelopment or rezoning sites within the Township of Edison where on-going or prospective NJDEP or USEPA environmental remediation is taking place or is about to take place.
[1999 Code § 8.22.020]
a. 
The following parties shall be responsible for the posting of an Environmental Remediation Escrow (defined below) with the Edison Township Department of Health and Human Services:
1. 
The owner of any property which has been designated by the Township Council as an "area in need of redevelopment" under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., which is the subject of an on-going or prospective NJDEP or USSEPA environmental clean-up (hereinafter a "Redevelopment Clean-Up Site"); or
2. 
The owner of any property seeking the rezoning of said property by the Township Council which is the subject of an on-going or prospective NJDEP or USEPA environmental clean-up (hereinafter a "Rezoning Clean-Up Site").
b. 
The Township Council, as a condition precedent to 1. the adoption of any ordinance adopting a redevelopment plan for a Redevelopment Clean-Up Site, or 2. the adoption of any ordinance rezoning a Rezoning Clean-Up Site, may require the owner thereof to post with the Edison Township Department of Health and Human Services a twenty thousand ($20,000) dollar escrow to allow the Township (by and through its own personnel or through outside environmental consultants) to independently monitor and analyze the on-going or prospective NJDEP or USEPA clean-up of said Redevelopment Clean-Up Site or Rezoning Clean-Up Site (hereinafter the "Environmental Remediation Escrow").
c. 
A formal escrow agreement shall be prepared by the Township Attorney memorializing the posting and use of the Environmental Remediation Escrow. Said agreement shall authorize its execution by the Mayor and Township Clerk by formal resolution of the Township Council.
d. 
Any unused escrow shall be refunded by the Township upon the completion of the Township's independent environmental analysis and monitoring.
e. 
The owner of any Redevelopment Clean-Up Site or Rezoning Clean-Up Site shall have the right to copies of all reports and analyses generated by the Township of its independent consultants.
[1999 Code § 8.22.030]
The provisions of this section shall be administered and enforced by the Department of Health and Human Services, and said Department is charged with the duty to enforce this section and, to that end, to make and sign complaints for violations in the Municipal Court of the Township.
[1999 Code § 8.22.040]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be committed on each day during or on which a violation occurs or continues.
[Ord. No. O.1720-2009§ I]
The purpose of this section is to provide enhanced public outreach by those responsible for clean-up of contaminated sites under the jurisdiction of the DEP, the USEPA and/or the USACE (as such terms are defined below), to post signs and to distribute notification letters informing local residents of work progress. Additionally, this section will provide notice to the Township personnel identified herein of proposed remediation work so that appropriate steps can be taken to safeguard the residents in this community and the surrounding environment.
[Ord. No. O.1720-2009§ I]
AREA OF CONCERN
Means any location where contaminants are or were known or suspected to have been discharged, generated, manufactured, refined, transported, stored, handled, treated, or disposed, or where contaminants have or may have migrated.
CONTAMINATION or CONTAMINANT
Means any discharged hazardous substance as defined pursuant to section P.L. 1976, c. 141 (C. 58:10-23.11b), hazardous waste as defined pursuant to section 1 of P.L. 1976, c. 99 (C. 13:1E-38), or pollutant as defined pursuant to section 3 of P.L. 1977, c. 74 (C. 58:10A-3).
DEP
Means the New Jersey Department of Environmental Protection.
DIRECTOR OF HEALTH
Means the Director of the Township of Edison Department of Health and Human Services.
DISCHARGE
Means any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into the waters or onto the lands of the State, or into waters outside the jurisdiction of the State when damage may result to the lands, waters or natural resources within the jurisdiction of the State.
FIRE CHIEF
Means the Township of Edison Chief of the Division of Fire.
HASP
Means a health and safety plan prepared in accordance with N.J.A.C. 7:26E-1.9, as supplemented and amended.
HAZARDOUS SUBSTANCE
Means the "environmental hazardous substances" on the environmental hazardous substance list adopted by the DEP pursuant to section 4 of P.L. 1983, c. 315 (C. 34:5A-4); such elements and compounds, including petroleum products, which are defined as such by the DEP, after public hearing, and which shall be consistent to the maximum extent possible with, and which shall include, the list of hazardous substances adopted by the USEPA pursuant to section 311 of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500, as amended by the Clean Water Act of 1977, Pub. L. 95-217 (33 U.S.C. s.1251 et seq.); the list of toxic pollutants designated by Congress or the USEPA pursuant to section 307 of that act; and the list of hazardous substances adopted by the USEPA pursuant to section 101 of the "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub. L. 96-510 (42 U.S.C. s.9601 et seq.); provided, however that sewage and sewage sludge shall not be considered as hazardous substances for the purposes of P.L. 1976, c. 141 (C. 58:10-23 et seq.).
IMMEDIATE ENVIRONMENTAL CONCERN
Means a condition at a contaminated site where there is: (1) confirmed contamination in a well used for potable purposes at concentrations at or above the groundwater remediation standards; (2) confirmed contamination that has migrated into an occupied or confined space producing a toxic or harmful atmosphere resulting in an unacceptable human health exposure, or producing an oxygen-deficient atmosphere, or resulting in demonstrated physical damage to essential underground services; (3) confirmed contamination at the site of a nature that either dermal contact, ingestion, or inhalation of contamination could result in an acute human health exposure; or (4) any other condition that poses an immediate threat to the environmental or to the public health and safety.
LICENSED SITE REMEDIATION PROFESSIONAL
Means an individual who is licensed by the board pursuant to section 7 of P.L. 2009, c. 60 (C. 58:10C-7) or the DEP pursuant to section 12 of P.L. 2009, c. 60 (C. 58:10C-12).
OEM COORDINATOR
Means the Coordinator of the Township of Edison Office of Emergency Management.
PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION
Means (1) any person who executes or is otherwise subject to an oversight document to remediate a contaminated site, (2) the owner or operator of an industrial establishment subject to P.L. 1983, c. 330 (C. 13:1K-6 et al.), for the remediation of a discharge, (3) the owner or operator of an underground storage tank subject to P.L. 1986, e. 102 (C. 58:10A21 et seq.), for the remediation of a discharge, (4) any other persons who discharge a hazardous substance or is in any way responsible for a hazardous substance, pursuant to section 8 of P.L. 1976, c. 141 (C. 58:10-23.11g), that was discharged at a contaminated site, or (5) any other person who is remediating a site.
POLICE CHIEF
Means the Township of Edison Chief of the Division of Police.
REMEDIAL ACTION
Means those actions taken at a site or off site if a contaminant has migrated or is migrating therefrom, as may be required by the DEP or USEPA, including the removal, treatment, containment, transportation, securing, or other engineering or treatment measures, whether to an unrestricted use or otherwise, designed to ensure that any discharged contaminant at the site or that has migrated or is migrating from the site, is remediated in compliance with the applicable health risk or environmental standards.
REMEDIAL ACTION WORK PLAN
Means a plan for the remedial action to be undertaken at a site, or at any area to which a discharge originating at a site is migrating or has migrated; a description of the remedial action to be used to remediate a site; a time schedule and cost estimate of the implementation of the remedial action; and any other information the DEP or USEPA deems necessary.
REMEDIAL INVESTIGATION
Means a process to determine the nature and extent of a discharge of a contaminant at a site or a discharge of a contaminant that has migrated or is migrating from the site and the problems presented by a discharge, and may include data collected, site characterization, sampling, monitoring, and the gathering of any other sufficient and relevant information necessary to determine the necessity for remedial action and to support the evaluation of remedial actions if necessary.
REMEDIATION or REMEDIATE
Means all necessary actions to investigate and cleanup or respond to any known, suspected, or threatened discharge of contaminants, including, as necessary, the preliminary assessment, site investigation, remedial investigation, and remedial action; provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.
RESPONSE ACTION OUTCOME
Means a written determination by a licensed site remediation professional that the contaminated site was remediated in accordance with all applicable statutes and regulations, and based upon an evaluation of the historical use of the site, or of any area of concern at that site, as applicable, and any other investigation or action the DEP deems necessary, there are no contaminants present at the site, or at any area of concern, at any other site to which a discharge originating at the site has migrated, or that any contaminants present at the site or that have migrated from the site have been remediated in accordance with applicable remediation regulations, and all applicable permits and authorizations have been obtained.
SITE INVESTIGATION
Means the collection and evaluation of data adequate to determine whether or not discharged contaminants exist at a site or have migrated or are migrating from the site at levels in excess of the applicable remediation standards. A site investigation shall be developed based upon the information collected pursuant to the preliminary assessment.
USACE
Means the United States Army Corps of Engineers. For purposes of this Section 22-3, the use of the term "USACE" herein shall refer only to active or time critical United States Army Corps of Engineers remediation sites.
USEPA
Means the United States Environmental Protection Agency.
NOTE: All terms used but not defined herein shall have the same meaning ascribed to them in the Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq.
[Ord. No. O.1720-2009§ I]
Except as exempted by N.J.A.C. 7:26E-1.4(e), any person responsible for conducting the remediation of any contamination or contaminant within the Township of Edison shall take the following notification actions not later than thirty (30) days prior to either (i) the commencement of a site investigation or remedial investigation of an area of concern, or (ii) the initiation of remediation of a contaminated site:
a. 
Sign Placement.
1. 
The placement of a minimum of one (1) sign at every street frontage a location clearly visible to the public, which sign shall be in English and, as to the extent applicable, the prevalent language within 200 feet of the site boundary if a "sensitive population" is identified pursuant to N.J.A.C. 7:26E-1.4. Any such sign shall be at least two (2) feet by three (3) feet in size and shall include the following words in font that is of sufficient size to be readable from the street or sidewalk:
(a) 
"Environmental Investigation Cleanup in Progress at this Site;"
(b) 
"For Further Information Contact...," followed by the telephone number for the person responsible for conducting the remediation and the telephone number for the DEP's, USEPA's or USACE's Office of Community Relations;
(c) 
"Contaminants of concern are listed as..." stating, at a minimum, the three (3) chemicals which pose the highest health and/or environmental risk;
(d) 
The DEP's preferred ID, as provided in the most recent edition of the "Department's Known Contaminated Sites in New Jersey" report or the valid USEPA site identification number. If neither number is available, the number provided by the DEP's hotline may be substituted (1-877-WARNDEP or 1-877-927-6337); and
(e) 
"Posted on," followed by the date the sign was posted.
2. 
Within two (2) weeks after the sign is posted, the person responsible for conducting the remediation shall submit the site information required at paragraph b1(d) below, and a photograph of the sign showing its location and content in both electronic/digital format and in hard copy to:
(a) 
The assigned case manager. If a case manager for the site has not been assigned, include a copy of the photograph as part of the remedial investigation report or remedial action report required by this chapter;
(b) 
The DEP's, USEPA's, or USACE's Office of Community Relations;
(c) 
The Township Clerk;
(d) 
The Director of Health;
(e) 
The OEM Coordinator;
(f) 
The Police Chief;
(g) 
The Fire Chief;
(h) 
The Edison Township Environmental Commission; and
(i) 
Any other interested party as authorized by Resolution of the Township Council to receive such information.
3. 
The person responsible for conducting the remediation shall comply with all local laws and requirements relevant to the posting of signs.
4. 
For sites where the remedial investigation or remediation was initiated prior to September 2, 2008, the sign shall be posted no later than November 1, 2009.
5. 
The sign shall remain posted and shall be maintained so that it is legible at all times, until such time as the DEP or USEPA issues a No Further Action Letter and Covenant Not to Sue (or its functional equivalent) pursuant to N.J.A.C. 7:26-C.
6. 
No sign shall be placed in such a manner as to impede or obstruct the clear line of site of the traveling public. In this regard, the Director of Health, or his or her designee, shall have the right to direct the person responsible for conducting the remediation of any contamination or contaminant to relocate said sign to a location on the site which does not impede or obstruct the clean line of site of the traveling public.
7. 
The sign requirements set forth herein shall supersede any inconsistent or conflicting local sign regulations.
b. 
Notification by Mail.
1. 
The person responsible for conducting the remediation shall provide public notice by sending notification letters and, the following shall apply:
(a) 
Notification letters shall be sent:
(1) 
No later than two (2) weeks prior to either initiating field activities associated with a remedial investigation of a multi-phase remediation or initiating a single phase remediation; or
(2) 
For sites where the remedial investigation or remediating was initiated prior to September 2, 2008, no later than November 1, 2009.
(b) 
Additional notification letters that reflect the current condition and progress of the remediation shall be sent every two (2) years after the initiation of the remediation or the remedial action until a No Further Action and Covenant Not to Sue letter (or its functional equivalent) is issued by the DEP or USEPA pursuant to N.J.A.C. 7:26C, or on a schedule approved by the DEP or USEPA.
(c) 
The notices prepared pursuant to paragraph b, 1(a) and (b) above shall be sent to the following persons by certified mail or by using the certificate of mailing service:
(1) 
Each owner of all real property, as shown on the current Township tax duplicate, and tenants of those properties, located within two hundred (200) feet of the site boundary; and
(2) 
The administrator of each school and child care facility identified in the sensitive population and resource checklist required pursuant to N.J.A.C. 7:26E-1.4(f).
(d) 
The notice shall include the following site information:
(1) 
The name and address of the site;
(2) 
The tax block(s) and lot(s);
(3) 
The DEP's Preferred ID number as provided in the most recent edition of the "Department's Known Contaminated Sites in New Jersey" report or the valid USEPA site identification number. If neither number is available, the number provided by the DEP's hotline may be substituted (1-877-WARNDEP or 1-877-927-6337);
(4) 
A statement that contamination has been identified;
(5) 
A brief description of the type of contamination in common language, the affected environmental media and action(s) being taken at the site;
(6) 
Contact information for the person responsible for conducting the remediation and for the DEP's, USEPA's or USACE's Office of Community Relations; and
(7) 
A statement that the person responsible for conducting the remediation will provide a copy of all environmental reports to the Director of Health.
(e) 
Each time notification letters are sent, the person responsible for conducting the remediation shall submit an electronic copy and a paper copy of one (1) notification letter and list of recipients to the following:
(1) 
The assigned case manager. If a case manager for the site has not been assigned, include a copy of the notification letter and list of recipients as part of the remedial investigation report or remedial action report required by this section;
(2) 
The DEP's, USEPA's or USACE's Office of Community Relations;
(3) 
The Township Clerk;
(4) 
The Director of Health;
(5) 
The OEM Coordinator;
(6) 
The Police Chief;
(7) 
The Fire Chief;
(8) 
The Edison Township Environmental Commission; and
(9) 
Any other interested party as authorized by resolution of the Township Council to receive such information.
[Ord. No. O.1720-2009§ I]
The Township Clerk shall, within forty-eight (48) hours after having received the sign verification documentation and notice letters as set forth in subsection 22-3.3, shall immediately notify the Mayor and Township Council of same by providing a copy of said written materials.
[Ord. No. O.1720-2009§ I]
In addition to the requirements of this Section 22-3, any person conducting remediation activities shall prepare a site-specific HASP in accordance with the requirements of N.J.A.C. 7:26E-1.9. Such HASP shall be submitted to the Director of Health and the OEM Coordinator at least forty-five (45) days before initiating such remediation activities.
[Ord. No. O.1720-2009§ I]
All residential oil tank removals shall be exempt from the requirements of this Section 22-3.
[Ord. No. O.1720-2009§ I]
The provisions of this section shall be administered and enforced by the Director of Health, and said Director of Health is charged with the duty to enforce this section and, to that end, to make and sign complaints for violations in the Municipal Court of the Township. If the Director of Health and Human Services is unavailable to enforce this section, the provisions of this section shall be administered and enforced by the Township Engineer.
[Ord. No. O.1720-2009§ I]
Any person who violates any provision of this section shall, upon conviction thereof be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be committed on each day during or on which a violation occurs or continues.
[Ord. No. O.1720-2009§ I]
Nothing in this Section 22-3 shall be construed to abridge or limit the powers of the DEP under the Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. or the rules promulgated thereunder (N.J.A.C. 7:26E-1 et seq.). In the event of a conflict between the Reform Act and the regulations promulgated thereunder, the provisions of the Site Remediation Reform Act and the regulations promulgated thereunder shall control.
[Ord. No. O.2025-2018]
It is hereby declared that pollution of the waters in and about the Township of Edison presents serious problems of health and safety to the citizens of the Township. For the purpose of controlling and reducing these health and safety hazards, it is declared to be the policy of this Township to minimize water pollution and, in furtherance of this policy, to coordinate these efforts with the New Jersey Department of Environmental Protection (NJDEP) and the United States Environmental Protection Agency (EPA).
[Ord. No. O.2025-2018]
The streams, rivers and other bodies of water in and around the Township are subject to the jurisdiction of the NJDEP and EPA. All persons placing any substance or object in these waters shall comply with all applicable rules, statutes and regulations.
[Ord. No. O.2025-2018]
The only exceptions to the prohibitions contained in this section shall be actions for which the EPA, the NJDEP, or a formally delegated utility authority, as authorized by NJDEP or other authorized agent, has issued a permit for such activity pursuant applicable federal or New Jersey Law and provided that all such activities are undertaken in conformance with the provisions of said permit(s).
[Ord. No. O.2025-2018]
a. 
The Business Administrator, or her designee, shall appoint or designate some suitable person or agency to administer this section on or before its effective date.
b. 
Any person violating any of the provisions of this section shall, upon conviction, be subject to a fine not to exceed five hundred ($500.00) dollars or imprisonment not to exceed ninety (90) days, or both. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation. This provision shall not preclude the right of the Township to pursue or cooperate with any enforcement action for violation of any applicable federal or state water pollution control statute and or regulation.
c. 
Violations of any of the provisions of this section or any permit issued under the authority of this section may result in the termination of any permit issued, as referenced in subsection 22-4.3 above.