This chapter shall be known as "The Hardwick Nuclear Free Zone
Ordinance."
The township committee of Hardwick finds that contamination
by radioactive substances interferes with the farming and residential
character of the Township of Hardwick and contamination by radioactive
substances will have an adverse effect on the health, safety and welfare
of the residents and visitors, its businesses, water resources and
wildlife in the Township of Hardwick.
The development, production, disposal, storage, deployment,
usage, landfilling, fabrication, and destruction of radioactive material
in and through the Township of Hardwick is hereby prohibited except
as hereinafter provided.
The township attorney is authorized to take appropriate action
to enforce the prohibitions contained herein. Said action may include
but is not limited to a civil action seeking injunctive relief in
any court of competent jurisdiction. In the event the township attorney
fails or neglects to so act, any resident (person or corporation)
may, by appropriate civil action, enforce the prohibitions contained
herein.
The adoption of this chapter is not intended to preclude other
actions, either administrative or legal in nature, attempting to enforce
the prohibition contained in the chapter. The remedies herein are
deemed to be cumulative to any such rights claimed in common law or
under statutory or constitutional authority.
The prohibitions contained in this chapter shall not apply to
naturally occurring materials containing low, normal or background
levels of radiation. This chapter shall not apply to consumer products
in general use such as smoke detectors and time pieces. Nor shall
it apply to commonly accepted medical uses such as x-rays and pharmaceuticals.
This chapter shall not apply to movement for burial or storage elsewhere
of radioactive contaminated soil or other materials.
