[1991 Code § 184-1]
As used in this section:
EXPENDABLE ITEMS
Shall mean any items used to extinguish or control any fire
or stop or contain any release involving any hazardous material which
becomes damaged, cannot be reused or cannot be replenished without
cost after that particular fire or release. These items include but
are not restricted to tools, equipment, fire-fighting foam, chemical
extinguishing agents, absorbent materials, sand and other containment
materials, recovery drums and specialized protective equipment, to
include but not be restricted to acid suits, acid gloves, goggles
and personal protective clothing, including breathing apparatus and
encapsulation suits.
FIRE APPARATUS
Shall mean vehicle or vehicles used at scene during incident.
HAZARDOUS MATERIAL
Shall mean any material, solid, liquid or gas, listed or
regulated as a hazardous material by the United States Department
of Transportation, to include, but not be limited to, any substance
or material judged to be a danger to the health and safety of the
general public by the emergency response personnel at the scene of
an incident.
MANPOWER COSTS
Shall mean the cost required to reimburse the Township for
manpower extended as a result of a hazardous materials incident occurring
in the Township, including but not limited to police personnel and
Fire Department personnel, including permanent and volunteer members.
Reimbursement shall be at such rate as the individual who was assigned
such duty is being paid, including overtime, if necessary.
RELEASE
Shall mean leak, spill, dumping, pouring or escape, whether
accidental or negligent, of hazardous materials.
VEHICLE
Shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcycles, trucks,
boats, tractor-trailers, construction equipment, farm machinery and
gardening equipment.
VESSEL
Shall mean any container, drum, box, cylinder or tank used
to hold or contain or carry or store any hazardous material.
[1991 Code § 184-2]
a. This section provides for the reimbursement to the Township of manpower
costs, vehicle and apparatus time and for the replacement or reimbursement
of the specialized and sometimes nonreusable equipment required by
State and Federal regulations to be made available in the Township
in case of fire, leakage or spillage involving any hazardous material.
b. This section entitles the Township to reimbursement for manpower
costs, vehicle and apparatus time and for any expendable items used
by the Township or any of its agencies in extinguishing any fire,
stopping or containing any leak or controlling any spill of hazardous
materials.
[1991 Code § 184-3]
Reimbursement to the Township for any manpower costs and expendable
items used shall be made by the following parties:
a. The owner or operator of any vehicle responsible for any fire or
release of hazardous material.
b. The owner or person responsible for any vessel containing hazardous
materials involved in any fire or release on public or private property,
whether stationary or in transit, whether accidental or through negligence.
c. The owner or person responsible for any property from which any release
of hazardous material emanates, whether accidental or through negligence.
d. Any person responsible for any fire or release of hazardous materials
on public or private property, whether accidental or through negligence.
[1991 Code § 184-4]
Any person or company responsible for any fire or release of
hazardous material must provide reimbursement for services rendered
by any recovery company, towing company or other technical assistance
called for by the Fire Department and Police Department to handle
such incident, including emergency construction work and heavy equipment
rental.
[1991 Code § 184-5]
Any person, owner or company responsible for any fire or release
of hazardous material shall reimburse the Township of Springfield
Fire Department and Police Department for the full price of any manpower
costs, vehicle/apparatus time or expendable items used to extinguish
or control such a fire, stop or contain such a release or control
such a spill within a period of 30 days after receipt of a bill for
such items from the Township of Springfield Fire Department and/or
Police Department. In the event payment is not received within 30
days, the Police Chief or Fire Chief may sign a complaint for violation
of this chapter in the Municipal Court.
[1991 Code § 184-6]
Any person, owner or company responsible for any fire or release
of hazardous materials who fails to reimburse the Township of Springfield
Fire Department or Police Department within the time set forth in
this chapter shall be subject to a fine of not less than $50 nor more
than $500 per day or to imprisonment for a period of not more than
six months, or both, for each day after 30 days from receipt of a
bill that the bill remains unpaid.
[1991 Code § 184-7]
All reimbursement collected for hazardous material incidents
shall be placed into the general fund. A record of the moneys collected
shall be kept by the Treasurer.
[1991 Code § 276-1]
As used in this section:
AUTOBUS
Shall mean and include all motor vehicles used for the transportation
of passengers for hire.
DIESEL-POWERED ENGINE
Shall mean a mechanism for converting energy into mechanic
force and motion by using a compression-ignition type of internal-combustion
engine.
DIESEL-POWERED MOTOR VEHICLE
Shall mean a vehicle which is self-propelled by a compression-ignition
type of internal-combustion engine and which is designed primarily
for transporting persons or property on a public street or highway.
For purposes of this chapter, passenger automobiles and motorcycles
are excluded.
EXHAUST EMISSIONS
Shall mean substances emitted into the atmosphere from any
opening downstream from the exhaust ports of motor vehicle engine.
IDLE
Shall mean the motor vehicle operating mode consisting of
an unloaded, throttled engine speed at the revolutions per minute
specified by the manufacturer.
MOTOR VEHICLE
Shall mean all vehicles propelled otherwise than by muscular
power, excepting motorized bicycles and such vehicles as run only
upon rails or tracks.
OPACITY
Shall mean the property of a substance which renders it partially
or wholly obstructive to the transmission of visible light, expressed
as the percentage to which the light is obstructed.
PERSON
Shall mean corporations, companies associations, societies,
firms, partnerships and joint-stock companies as well as individuals,
and also includes all political subdivisions of this State or any
agencies or instrumentalities thereof.
SMOKE
Shall mean small gasborne and airborne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
[1991 Code § 276-2]
a. Any motor vehicle propelled by a diesel-powered engine which is subject
to inspection by the owner or lessee at the premises or place of business
of the owner or lessee as required by the Division of Motor Vehicles
as a condition of compliance with the inspection shall not emit smoke
in the exhaust emission in excess of the 20% smoke opacity standard
as determined by the following procedure:
1. The vehicle driven on chassis dynamometer with simulated load by
power absorption procedure requires that the smoke meter be firmly
positioned on the exhaust outlet and that the vehicle be positioned
on the chassis dynamometer before the inspector proceeds with the
following steps:
(a)
With vehicle on a chassis dynamometer under no power absorption,
select a gear ratio which will produce a maximum vehicle speed of
45 miles to 60 miles per hour at governed engine revolutions per minute.
(b)
With engine running at governed engine revolutions per minute,
apply power absorption load to the dynamometer until such loading
reduces the engine revolutions per minute to 80% of the governed speed;
the peak smoke opacity measured over a period of five to 10 seconds
with the engine under such loading shall be the smoke opacity.
2. The vehicle driven in low gear with simulated load by braking action
procedure requires that the smoke meter be firmly positioned on the
exhaust outlet before proceeding with the following steps:
(a)
Select a gear ratio which will produce a maximum speed of 10
miles to 15 miles per hour at governed engine revolutions per minute
and drive vehicle at 10 miles to 15 miles per hour at governed engine
revolutions per minute.
(b)
Load the engine by applying brakes until engine revolutions
per minute is lugged down to 80% of the governed engine revolutions
per minute; the peak smoke opacity measured over a period of five
to 10 seconds with the engine under such brake loading shall be the
smoke opacity.
b. Any diesel-powered autobus which is subject to the inspection rules
and regulations of the New Jersey Department of Transportation (reference
N.J.S.A. 48:4 and N.J.A.C. 16:53), as a condition of compliance with
the inspection, shall not emit smoke in the exhaust emissions in excess
of the 12% smoke opacity standard as determined by the following standard:
1. Position smoke meter against exhaust outlet using extension pole
and magnet so that the optical axis of the sensor head is perpendicular
to the smoke plume.
2. With engine at normal operating temperature, depress accelerator
pedal slowly to obtain a fast idle (1,200 to 1,300 revolutions per
minute).
3. Accelerate the engine from fast idle to maximum governed revolutions
per minute by depressing the accelerator pedal as rapidly as possible.
4. As governed revolutions per minute is reached, release the accelerator
pedal to allow engine to coast down to fast idle (1,200 to 1,300 revolutions
per minute).
5. Repeat steps in paragraphs 3 and 4. (Note: Steps in paragraphs 3,
4 and 5 are to purge the engine.)
6. After the engine purge, repeat steps in paragraphs 3 and 4 three
times in succession. After each successive measurement, record peak
opacity reading and reset smoke meter. The average of the three peak
smoke opacity measurements obtained with the smoke meter shall be
the test result as measured using the standing acceleration test procedure.
[1991 Code § 276-3]
a. No person shall cause, suffer, allow or permit the engine of a diesel-powered
motor vehicle to idle for more than three consecutive minutes if the
vehicle is not in motion, except:
1. A motor vehicle at the vehicle operator's place of business where
the motor vehicle is permanently assigned may idle for a maximum of
30 consecutive minutes, except thereafter that vehicle may not idle
again until the vehicle engine has been stopped for three or more
hours; or
2. A motor vehicle may idle for 15 consecutive minutes when the vehicle's
engine has been stopped for three or more hours.
b. The provisions of paragraph a above shall not apply to:
1. Autobuses while discharging or picking up passengers.
2. Motor vehicles stopped in a line of traffic.
3. Motor vehicles whose primary or secondary power source is utilized
in whole or in part for necessary and definitely prescribed mechanical
operation other than propulsion, passenger compartment heating or
air conditioning.
4. Motor vehicles being or waiting to be examined by State and Federal
motor vehicle inspectors.
5. Emergency motor vehicles in an emergency situation.
6. Motor vehicles while being repaired.
7. Motor vehicles while engaged in the process of connection, detachment
or exchange of trailers.
8. Motor vehicles manufactured with a sleeper berth while being used,
in a nonresidentially zoned area, by the vehicle's operator for sleeping
or resting.
[1991 Code § 276-4]
A violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
[1991 Code § 276-5]
The Township Committee and its agencies and the Springfield
Board of Health are hereby granted and shall have authority to exercise
all the powers necessary and appropriate to carry out and execute
the purposes of this section.
[1991 Code § 200-11A]
As used in this chapter:
FLUORESCENT LAMPS
Shall mean and refer to fluorescent and mercury vapor-type
tubular lamps.
[1991 Code § 200-11B]
It is hereby determined that:
a. Discarded fluorescent lamps contain chemicals which are dangerous
to living tissue.
b. Broken fluorescent lamps, when discarded so as to be exposed to the
public or when disposed in garbage receptacles in an exposed condition,
are hazardous to the public, particularly to children and to employees
of the Township and contractors engaged in the removal of garbage
and other refuse material.
c. Personal contact with broken fluorescent lamps may lead to serious
injuries to the person in contact with same.
[1991 Code § 200-11C]
No person shall throw or leave a discarded fluorescent lamp
upon any sidewalk, street or other public place or in any vacant lot,
hallway, cellar or other place used by the public.
[Ord. No. 2014-04]
The purpose of this section is to regulate the outdoor application
of fertilizer so as to reduce the overall amount of excess nutrients
entering waterways, thereby helping to protect and improve surface
water quality. This section does not apply to fertilizer application
on commercial farms.
[Ord. No. 2014-04]
Elevated levels of nutrients, particularly phosphorus, in surface
waterbodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality
by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a runoff-producing rainfall,
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Thereof, the management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
This section does not apply to application of fertilizer on
commercial farms, but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to waterbodies. Commercial farmers are expected to implement
best management practices in accordance with conservation management
plans or resource conservation plans developed for the farm by the
Natural Resource Conservation Service and approved by the Soil Conservation
District Board.
[Ord. No. 2014-04]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
BUFFER
Shall mean the land area, 25 feet in width, adjacent to any
waterbody. However, in situations that warrant additional flexibility,
such as where lot sizes are exceptionally small or where the twenty-five-foot
buffer constitutes the majority of the available property, the required
buffer may be reduced to 10 feet in width, with the additional requirement
that a drop spreader be used for fertilizer application.
COMMERCIAL FARM
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 or more annually.
FERTILIZER
Shall mean a fertilizer material, mixed fertilizer or any
other substance containing one or more recognized plant nutrients,
which is used for its plant nutrient content, which is designed for
use or claimed to have value in promoting plant growth, and which
is sold, offered for sale, or intended for sale.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
This term shall be used to include any highway, street, sidewalk,
parking lot, driveway, or other material that prevents infiltration
of water into the soil.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Shall mean any fertilizer that contains phosphorus, expressed
as P205, with a guaranteed analysis of greater than zero; except that
it shall not be considered to include animal (including human) or
vegetable manures, agricultural liming materials, or wood ashes that
have not been amended to increase their nutrient content.
SOILS TEST
Shall mean a technical analysis of soil conducted by an accredited
soil-testing laboratory following the protocol for such a test established
by Rutgers Cooperative Research and Extension.
WATERBODY
Shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 2014-04]
No person may do any of the following:
a. Apply fertilizer when a runoff producing rainfall is occurring or
predicted and/or when soils are saturated and a potential for fertilizer
movement off site exists.
b. Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
c. Apply fertilizer within the buffer of any waterbody.
d. Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season, which growing
season runs from March 1 to November 15 (Springfield being located
in USDA Plant Hardiness Zone 6b)
[Ord. No. 2014-04]
No person may do the following:
a. Apply phosphorus fertilizer in outdoor areas except as demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
b. Exceptions.
1. Application of phosphorus fertilizer needed for:
(a)
Establishing vegetation for the first time, such as after land
disturbance, provided the application is in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. and implementing rules,
(b)
Re-establishing or repairing a turf area.
2. Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
3. Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
[Ord. No. 2014-04]
This section shall be enforced by the Township Engineer, Police
Department and/or other representatives or employees duly designated
by the Township of Springfield.
[Ord. No. 2014-04]
Any person(s) found to be in violation of the provisions of
this section shall be subject to a fine not to exceed $250 per violation,
with each day or documented act or occurrence to be considered a separate
violation.
[Added 6-11-2024 by Ord. No. 2024-06]
[Added 6-11-2024 by Ord.
No. 2024-06]
The purpose of this §
29-5 is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in the
Township of Springfield to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Added 6-11-2024 by Ord.
No. 2024-06]
For the purpose of this §
29-5, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words, used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind-driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
a.
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
b.
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
c.
The structure shall be erected on an impermeable slab;
d.
The structure cannot be open sided; and
e.
The structure shall have a roll up door or other means of sealing
the access way from wind-driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
[Added 6-11-2024 by Ord.
No. 2024-06]
a. Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
1. Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2. Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3. Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4. Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5. Containers must be sealed when not in use; and
6. The site shall be free of all de-icing materials between April 16
and October 14.
b. De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
c. All such temporary and/or permanent structures must also comply with
all other local ordinances, including, but not limited to, building
and zoning regulations.
d. The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1. Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 6-11-2024 by Ord.
No. 2024-06]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in §
29-5.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 6-11-2024 by Ord.
No. 2024-06]
This section shall be enforced by the Police Department, Department
of Engineering, Construction Services and Code Enforcement, Department
of Public Works and/or other Municipal Officials of the Township of
Springfield during the course of ordinary enforcement duties.
[Added 6-11-2024 by Ord.
No. 2024-06]
Any person(s) who is found to be in violation of the provisions of §
29-5 shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as follows: 1st offense: $200; 2nd offense: $500; 3rd and subsequent offenses: $1,000.