[Ord. #85-55, § 1]
The Mayor and Council of the Borough make the following findings
regarding the discharge of hazardous wastes:
a.
The groundwater underlying the Borough is the sole source of its
existing and future water supply, in particular, drinking water.
b.
Accidental spills or discharge of petroleum products, such as gasoline
and benzene and other toxic and hazardous materials, threaten the
quality of groundwater supplies and pose potential public health and
safety hazards and economic loss to the community.
c.
Unless preventive measures are adopted to prohibit discharge of toxic
and hazardous materials and to control their storage, spills or discharge
of such materials predictably will occur by reason of increased construction,
development, population and traffic in the Borough.
d.
Restoration of contaminated groundwater requires a long period of
time and a substantial expenditure of funds.
[Ord. #85-55, § 2]
As used in this section:
Shall mean the accidental or intentional spilling, leaking,
pumping, pouring, emitting, emptying or dumping of toxic or hazardous
materials upon or into any land or waters in the Borough. Discharge
includes leakage of such materials from failed or discarded containers
or storage systems and disposal of such materials into any on-site
sewage system, dry well, catch basin or landfill, and the abandonment
of containers, tanks or vehicles containing such materials. The term
"discharge" as used and applied herein, does not include the following:
The proper disposal of any material into a sanitary or industrial
landfill which has received and maintained all necessary licensing
or legal approvals for that purpose, or to State-licensed scavengers
of toxic or hazardous materials. (N.J.S.A. 13:1D-9K; N.J.A.C. 7:26-2.1
et seq.; N.J.A.C. 7:26-3.1);
The application of fertilizers and pesticides in accordance
with label recommendation and State regulations. (N.J.S.A. 13:1F-1
et seq.; N.J.A.C. 7:30-1.1 et seq.);
The application of road salts in conformance with a State, County
or municipal program of snow or ice control; and
The disposal of sanitary sewage to a subsurface disposal system
(N.J.S.A. 58:11-23 et seq.; N.J.A.C. 7:9-2.1 et seq.).
Shall mean any substance or mixture having such physical,
chemical or infectious characteristics as to pose, in the judgment
of the Board of Health of the Borough, a significant or potential
hazard to water supplies or human health if such substances were discharged
on land or in waters in the Borough. "Toxic or hazardous material"
shall include organic chemicals, petroleum products, solvents, thinners,
acids and alkalies beyond the pH range of 4.0 - 10.0, heavy metals,
radioactive or infectious wastes. It also shall include wastes generated
in such activities as motor vehicle and machinery service or repair,
dry cleaning, laboratories, metal plating, finishing and polishing,
pesticide and herbicide application and wood preserving. The person
or entity using any such material has the burden of demonstrating
the absence of toxicity or hazard to the satisfaction of the Board
of Health.
Shall mean that 10% or more is below final ground elevation.
[Ord. #85-55, § 3]
a.
The discharge of toxic or hazardous materials upon or into the ground,
surface or groundwaters, sanitary or storm sewer systems within the
Borough is prohibited.
b.
Outdoor storage of toxic or hazardous materials is prohibited, except
in product-tight containers protected from the elements, leakage,
accidental damage or vandalism and stored in accordance, with the
requirements of this Chapter. In the matter of storage, road salts
and fertilizers shall be considered as hazardous materials.
[Ord. #85-55, § 4]
a.
Every owner or tenant of a site at which toxic or hazardous materials
are stored in quantities greater than 50 gallons liquid or 25 pounds
dry weight for any one material shall register with the Board of Health
the type of each material stored, the quantity, location and method
of storage of each such material within 90 days of enactment of this
Chapter and on or before January 1 of each year thereafter. An inventory
of such materials shall be maintained at each site and shall be available
for inspection. The inventory shall be reconciled with the purchase,
use, sale or disposal of toxic or hazardous materials. At all petroleum
and liquid chemical storage sites, the inventory shall be updated
daily in order to detect any product loss or leakage, and such maintenance
and reconciliation of inventories shall begin within 60 days of enactment
of this Chapter. Registration and inventory requirements shall not
apply to: (1) Fuel oil stored in a tank of less than 1,100 gallons
provided the tank conforms with the Fire Prevention Code and is used
for heating residential buildings; and (2) Stored materials not intended
for resale; and (3) Residential use and storage of salt and fertilizers.
b.
Wastes containing toxic or hazardous material shall be held on the
site in product-tight containers and shall be removed and disposed
of only in accordance with applicable laws to a State-licensed hauler
of such material. Wastes shall not be accumulated for greater than
90 days. A generator of such wastes shall maintain records of all
such disposals, including receipts from haulers showing date and quantities
transferred and retain such records for a period of three years. Generators
and haulers shall be responsible for the disposition of such wastes.
c.
Containers of toxic or hazardous materials shall be labeled and stored
on an impervious, chemical-resistant surface. The user or generator
of toxic or hazardous materials shall provide a plan to contain the
material in case of leakage or accidental spillage.
d.
The Board of Health shall require that all loose toxic or hazardous
materials be covered and stored on an impervious, chemical-resistant
surface.
[Ord. #85-55, § 5]
a.
Owners shall file with the Board of Health the size, type, age, location
and any related information requested by the Board of Health regarding
each underground tank with capacity in excess of 500 gallons containing
gasoline or fuel oil, or all tanks regardless of capacity containing
toxic or hazardous material. Such information is to be provided to
the Board of Health within 60 days of enactment of this section. Evidence
of the dates of purchase and installation, including Fire Department
permit, shall be provided for each tank.
b.
Owners of tanks for which evidence of the installation date is not
available shall, if required by the Board of Health, have each such
tank tested with one of the following tests: A five PSI air pressure
test performed on an empty tank; a hydrostatic or product-pressure
test (i.e. a Kent-Moore Pressure test); or any other testing system
providing equivalent safety and effectiveness.
c.
All steel tanks shall be tested by one of the integrity tests described
in the preceding paragraph within two years of enactment of this as
well as 15 years to 19 years after installation, and annually thereafter.
It shall be unlawful for any owner, operator or lessee of an underground
storage facility to fail to test tanks and to fail to file with the
Board of Health an acceptable proof of test completion in compliance
with the schedule set forth herein.
d.
All leaking tanks and those not product tight shall be emptied within
24 hours of leak detection and shall be either removed, neutralized,
rendered non-usable or disposed of under the direction of the Board
of Health, together with any contaminated soil. All abandoned tanks
shall be removed under the direction of the Board of Health together
with any contaminated soil.
e.
Any spill or loss of toxic or hazardous material must be reported
immediately to the Fire Department and the Board of Health.
f.
All tank installations located with a high water table, as determined
by the Soil Conservation Service, or within 100 feet of a surface
water body, shall be of fiberglass construction or other materials
approved by the Board of Health and, if deemed necessary, shall be
faulted and/or equipped with a leak detection system.
g.
No new underground systems (does not include replacement tanks) for
storage of toxic or hazardous material are permitted within 2,000
feet of a public water course unless it is vaulted and equipped with
a leak detection system. Existing tanks in such locations shall be
required to be inspected every two years.
h.
All new replacement tanks shall be properly installed in accordance
with the Fire Prevention Code[1] and manufacturers' specification under direction of the
Board of Health. Tanks shall be of approved design and protected from
internal and external corrosion. The following tank construction protection
systems are considered to provide adequate corrosion protection for
gasoline and fuel oil storage: all fiberglass construction with puncture
proof protection directly below all openings; steel with bonded fiberglass
or enamel coating and internal lining; and the Steel Tank Institute
three-way Protection System. Any other system must be shown to provide
equivalent protection. Other corrosion resistant materials, protective
coatings, or other effective protective methods may be required for
other toxic and hazardous substances.
[Ord. #85-55, § 6]
Variance from the above regulation may be granted by the Board
of Health after a hearing in compliance with proper public notice
if the applicant establishes that the proposed installation of an
underground storage tank will not adversely affect public or private
water resources. In granting variances, the Board's considerations
shall include the amount and type of product to be stored, the rate
and direction of groundwater flow, soil conditions, depth to groundwater,
size and slope of site, and existing and known future water supplies.
[Ord. #85-55, § 7]
Every person having knowledge of a spill, leak or other loss,
including illegal disposal of toxic or hazardous material believed
to be in excess of liquid gallons or 25 pounds dry weight shall report
the information immediately to the Board of Health and to the New
Jersey Department of Environmental Protection, Division of Hazard
Management, Bureau of Spill Prevention and Management.
[Ord. #85-55, § 8]
a.
Provisions of the aforementioned regulation shall be enforced by
the Board of Health. The Board of Health may, according to law, enter
upon any site at any reasonable time to inspect for compliance.
b.
Upon request of the Board of Health, the owner, operator or lessee
of any premises at which toxic or hazardous material is used or stored
shall furnish all information required to monitor compliance with
aforementioned regulations, including a complete list of all such
materials, a description of measures taken to protect storage containers
from vandalism, corrosion and spillage, and the means of disposal
of all toxic or hazardous wastes produced on the site. Samples of
wastewater and wastes may be taken by the Board of Health whenever
deemed necessary.
c.
All records pertaining to storage, removal and disposal of toxic
or hazardous wastes shall be retained for no less than three years,
and shall be made available for review by the Board of Health on request.
d.
At the request of the Board of Health, any official of the Borough
may be requested to inspect for compliance and report to the Board
of Health his findings for their consideration.
[Ord. #85-55, § 9]
Written notice of any violation of this section shall be given
by the Board of Health. The notice shall specify the nature of the
violation; and describe corrective measures to be undertaken, including
containment and clean up of discharged materials; any preventive measures
required for avoiding future violations; and a deadline for compliance.
Requirements specified in such notice shall be reasonable in relation
to the public health hazard involved and the difficulty of compliance.
The cost of containment and clean up shall be borne by the owner,
operator and/or lessee of the site.
[Ord. #15; 1967 Code § 89-1]
It shall be unlawful to permit the emission of dense smoke from
any stack connected with any engine or locomotive within the limits
of the Borough, which smoke contains soot or other substance in sufficient
quantity to cause injury to health or damage to property within the
limits of the Borough.
[Ord. #15; 1967 Code § 89-2; New]
Any owner, lessee, occupant, manager, engineer or fireman of any engine or locomotive to which is attached any smokestack, who permits or allows, within the limits of the Borough, to be emitted from such smokestack dense smoke containing soot or other substance in such quantity as to cause injury to health or damage to property within the limits of the Borough shall, upon conviction thereof be subject to the General Penalty established in Section 1-5 of this Code.
