Township of Neptune, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 1461 § I]
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq., the Home Rule Act which directs municipalities to act to provide for the health, welfare and safety of its citizens.
[Ord. No. 1461 § II]
As used in this section:
COLLECTING AGENCY
Shall mean the Township of Neptune.
DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into any waters which flow within the jurisdiction of the Township or any land within the jurisdiction of the Township.
EXPENDABLE ITEMS
Shall mean any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, fire fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, and any protective equipment and clothing to include, but not restricted to, chemical protective suits, chemical protective gloves, goggles, and any other item owned or controlled by the Township.
HAZARDOUS MATERIALS
Shall mean any material, solid, liquid or gas, listed as such under the N.F.P.A. Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et seq.), and the list of toxic pollutants designated by Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, any hospital or medical waste, including but not limited to, syringes, bandages and discarded pharmaceutical products, and any material warranting removal or cleanup in the opinion of the Neptune Township Office of Emergency Management.
TOWNSHIP
Shall mean and include the Township of Neptune's employees, agents, officers, officials and supporting units as directed by the Office of Emergency Management.
VEHICLE
Shall mean any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft and trains.
VESSEL
Shall mean any container, drum, box cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not the container was manufactured for the containment of a hazardous material.
[Ord. No. 1461 § III]
This section provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Township, for costs expended, without regard to ownership, for the purpose of mitigating, controlling, or containing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses incurred by the Township for the wages (regular or overtime) paid to its employees, agents, or servants as a result of an incident involving a hazardous material, fire, leak, release, or spill of a hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants and employees of the Township.
This section also provides for a penalty for the violation of the section for either committing a spill or for failure to report the same.
[Ord. No. 1461 § IV]
a. 
The discharge of hazardous substances is prohibited. This subsection shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a Federal or State permit.
b. 
Any person who may be subject to liability for a discharge, or becomes aware of a discharge which occurred prior to or after the effective date of this section shall immediately notify the Township Office of Emergency Management at 988-5200, Ext. 241, or 988-8000.
c. 
Whenever any hazardous substance is discharged, the Township may in their discretion act to remove or arrange for the removal of such discharge.
d. 
Any person who has discharged a hazardous substance, or who has failed to report a discharge or who is in any way responsible for any hazardous substance which has been or shall be removed by the Township, shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Township.
[Ord. No. 1461 § V]
Reimbursement to the Town-ship for expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak or spill; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence and the person responsible for the hazardous material fire, leak or spill whether accidental or through negligence and the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
[Ord. No. 1461 § VI]
Any person causing any hazardous material fire, leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the Township to handle such incident. In the event of a vehicle having been responsible for an incident, the vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and cooperation with the Township, and until such time as arrangements have been made to reimburse the Township and the towing company for their expenditures under the terms of this section.
[Ord. No. 1461 § VII]
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill, within forty-five (45) days after receipt of a bill therefor. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect the costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of same.
[Ord. No. 1461 § VIII; New]
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Township within the time required, shall be liable upon conviction, to the penalty stated in Chapter 1, Section 1-5. The person or entity responsible for committing a spill, or who fails to report same, will be liable for the same penalties as aforesaid stated.
[Ord. No. 1492 preamble]
The Township Committee has determined that certain food plastics containing chlorofluorocarbons (CFCs), which constitute non-recyclable waste, release dangerous toxic fumes when incinerated.
The plastic food service products are made up of a composition of chemical products such as "CFCs" polystyrene, polyvinyl chloride, and Styrofoam.
The Township Committee has determined that certain food service plastics create a danger to the health and welfare of the citizens of Neptune and create a danger to the environment.
These products have readily available substitutes.
[Ord. No. 1492 § 1]
The Township Committee finds and declares as follows:
a. 
Available scientific evidence indicates a strong probability that the family of substances known as chlorofluorocarbons (CFCs), when discharged into the atmosphere, degrades the earth's protective layer of ozone, allowing increased amounts of ultraviolet radiation to penetrate the atmosphere, posing an acute and immediate danger to human health, life and the environment. Available scientific evidence indicates that there is a strong possibility that the resulting increase in ultraviolet radiation may already have caused an increase in the incidence of skin cancers and other serious illnesses.
b. 
One (1) source of the CFCs currently being released into the atmosphere is the use of these substances as blowing agents in the manufacture of some of the polystyrene foam packaging products used in the food services industry. There are substitutes for these products currently available which do not use CFCs in their manufacture.
c. 
The people and the Township support international, Federal and State bans on all uses of CFCs not deemed absolutely essential. Until such bans are in effect, responsible action to reduce CFCs use and alert the public to the danger posed by these substances must be undertaken at the local level.
d. 
It is the intent of the Township Committee to reduce the amount of CFCs-processed products purchased and used by the Township and people of Neptune and thereby to reduce the health hazards created by the manufacture of these products.
[Ord. No. 1492 § 2]
As used in this section:
CFCS-PROCESSED FOOD PACKAGING
Shall mean any food packaging which uses CFCs as blowing agents in its manufacture.
CHLOROFLUOROCARBON
Shall mean the family of substances containing carbon, fluorine and chlorine having no hydrogen atoms and no double bonds.
CUSTOMER
Shall mean anyone purchasing food or beverages from a restaurant or retail food vendor.
FOOD PACKAGING
Shall mean all bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups, straws and lids which are not intended for reuse, on or in which any foods or beverages are placed or packaged on a restaurant's or retail food vendor's premises.
FOOD VENDOR
Shall mean any restaurant or retail food vendor.
PERSON
Shall mean any person, firm, corporation, partnership, or other organization or group, however organized.
PREPARED FOOD
Shall mean foods or beverages which are prepared on the vendor's premises by cooking, chopping, slicing, mixing, freezing or squeezing, and which require no further preparation to be consumed. This does not include any raw uncooked meat product or fruits or vegetables which are not chopped, squeezed, or mixed.
RESTAURANT
Shall mean any establishment located within the Township selling prepared food to be eaten on or about its premises by customers. This includes a sidewalk food vendor.
RETAIL FOOD VENDOR
Shall mean any store, shop, sales, outlet, or other establishment, including a grocery store, or delicatessen, other than a restaurant, located within the Township, which sells takeout food.
TAKEOUT FOOD
Shall mean prepared foods or beverages requiring no further preparation to be consumed and which are generally purchased in order to be consumed off the retail food vendor's premises.
[Ord. No. 1492 § 3]
a. 
Restaurants.
1. 
Except as provided in subsections 20-2.7 and 20-2.8, no restaurant shall provide prepared food to its customers in any CFCs-processed food packaging, nor shall any restaurant purchase, obtain or keep any CFCs food packaging for such purpose.
2. 
As to any food packaging obtained after the effective date of this section, each restaurant shall obtain from each of its suppliers a written statement signed by the supplier, or by a responsible agent of the supplier, stating that the supplier will supply no CFCs-processed food packaging to that vendor. Additionally, that the supplier will note on each invoice for food packaging supplied to that vendor that the packaging covered by the invoice is not CFCs-processed.
3. 
All contracts between a restaurant and a supplier entered into after the effective date of this section shall include provisions that the supplier will state on each invoice for food packaging supplied to that vendor that the packaging covered by the invoice is not CFCs-processed; and that failure to comply with such provisions shall constitute a material breach of the contract.
4. 
Restaurants shall retain each applicant's written statement for one (1) year from the date of receipt of any food packaging from that supplier.
b. 
Retail Food Vendors.
1. 
Except as provided in subsections 20-2.7 and 20-2.8, no retail food vendor shall sell takeout food in any CFCs-processed takeout food packaging, nor shall any retail food vendor purchase, obtain or keep any CFCs-processed packaging for this purpose.
2. 
All retail food vendors shall segregate, in their warehouses or other storage areas, food packaging used in their takeout food operations from other food packaging; takeout food packaging containers or boxes shall be labeled as such and shall indicate that they contain food packaging which is not CFCs-processed.
3. 
As to any takeout food packaging purchased after the effective date of this section, each retail food vendor shall comply with the requirements of subsection 20-2.4a2 and a4 of this section.
All contracts for the purchase of takeout food packaging entered into after the effective date of this section shall comply with the provisions of subsection 20-2.4a3.
[Ord. No. 1492 § 4]
a. 
It shall be unlawful for the supplier to make any misstatement or material fact to any food vendor or to the Business Administrator or his agent regarding the use or non-use of CFCs in the manufacture of any food packaging supplied to any food vendor.
b. 
Food vendors shall state that they are in compliance with this section on their annual business license renewal form.
[Ord. No. 1492 § 5]
All statements and documents required by this section shall be made available for inspection by the Business Administrator or his designated representative. It shall be unlawful for anyone having custody of such documents to fail or refuse to produce such upon request by the Business Administrator or his or her designated representative.
[Ord. No. 1492 § 6]
The Business Administrator or his authorized representative may exempt an item or type of packaging from the requirements of this section, upon a showing that the item or type has no acceptable non-CFCs processed equivalent and that imposing the requirements on that item or type would cause indue hardship. The documentation shall include a list of suppliers contacted to determine if non-CFC's processed substitutes are available.
[Ord. No. 1492 § 7]
Food packaging required to be purchased under a contract entered into prior to September 1, 1991, is exempt from the provisions of this section.
[Ord. No. 1492 § 8]
The Township shall not purchase any CFCs-processed food packaging, nor shall any Township sponsored event utilize such packaging.
[Ord. No. 1492 § 9]
The Business Administrator is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this section, including, but not limited to, inspecting any vendor's premises to verify compliance.
[Ord. No. 1492 § 10]
a. 
Anyone violating or failing to comply with any of the requirements of this section shall be guilty of an infraction.
b. 
Anyone violating this section shall be fined twenty-five ($25.00) dollars for the first violation; fifty ($50.00) dollars for each succeeding violation.
[Ord. No. 1492 § 12]
This section shall be void upon the enactment or adoption of any Federal and/or State law or regulation restricting the use of CFCs as blowing agents in the manufacture of plastic foam which may pre-exempt or impose requirements more restrictive than the provisions of this section.
[Ord. No. 03-12 § 1; Ord. No. 2014-41]
a. 
No person, firm or corporation shall deposit, throw or dump any debris or material of any nature in any stream, watercourse, catch basin, street storm water sewer inlet or drainage ditch, which could impede or block the flow of water in any stream, watercourse, street storm water sewer inlet or drainage ditch within the limits of the Township.
b. 
No person, firm or corporation shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, river or any other body of water in or adjacent to any park or tributary stream, storm sewer or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters. This shall include but not be limited to fin fish, shell fish, bait harvested in or transferred to the waters of the Township of Neptune or property adjacent thereto, where the dumping of said remains shall be caused to come to rest in or impact the waters of said Township.
c. 
The remains of fin fish, shell fish or bait shall be permitted to be placed in the Shark River if such remains are the result of recreational fishing in the Shark River or from recreational fishing on a boat or vessel that originates from the Shark River.
[Ord. No. 03-12 § 1]
a. 
Persons in charge of or occupying, or being guest or passengers on boats docked at or moored to land, docks, piers, wharves or areas abutting the Shark River waterway, or sailing or operating on any waters of the Shark River located in any portion of the Township, shall observe all health and sanitary regulations of the Township and all ordinances of the Township relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace. All heads, toilets, toilet and washing facilities shall be locked, closed and not used on any boat while within the confines of the Township, whether docked or moored or traveling or standing still on any portion of the Shark River within the boundary lines of the Township.
b. 
No feces, excrement, tarnished, stained, sullied or putrescent material or liquid shall be discharged or released or placed in the waterway or on any land, docks, piers, wharves or areas abutting the waterway, or in any portion of any pond, lake, stream, river or other body of water located within the boundary lines of the Township.
[Ord. No. 03-12 § 2; Ord. No. 2014-41]
Any person who shall violate any provision of this section shall, upon conviction thereof, for each instance of violation, be fined an amount not less than one hundred ($100.00) dollars and not more than two thousand ($2,000.00) dollars and/or imprisonment for a period not exceeding ninety (90) days and/or a period of community service not exceeding ninety (90) days, or any combination thereof, at the discretion of the Judge of the Municipal Court.
[Ord. No. 2015-54]
HYDRAULIC FRACKING
Shall mean the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water, often under pressure, into or underneath the surface of the rock for purposes including, but not limited to, well drilling and natural gas exploration and production. The term "hydraulic fracking" shall include: "fracking", "hydrofracking", "hydrofacturing", and other colloquial terms for this drilling technique.
[Ord. No. 2015-54]
a. 
Hydraulic fracking or similar well drilling and natural gas exploration and production as defined in subsection 20-4.1 of this section; shall be prohibited.
b. 
Wastewater, wastewater solids, sludge, drill cuttings, or other by-products resulting from hydraulic fracking for the purpose of natural gas exploration or production may not be treated, discharged, disposed of, applied to a roadway, or otherwise released into the environment, or stored within or on any area within the municipal limits of the Township of Neptune.
[Ord. No. 2015-54]
Any person or persons, property owner or applicable lienholder who violates any provision of this section shall be subject to a fine not exceeding two thousand ($2,000.00) dollars or a period of community service not exceeding ninety (90) days or imprisonment of a term not exceeding ninety (90) days, or any combination of the aforesaid penalties for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and in some cases the lienholder and shall be a lien on the subject property.