[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:
Shall mean the Township of Neptune.
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.
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.
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.
Shall mean and include the Township of Neptune's employees,
agents, officers, officials and supporting units as directed by the
Office of Emergency Management.
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.
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:
Shall mean any food packaging which uses CFCs as blowing
agents in its manufacture.
Shall mean the family of substances containing carbon, fluorine
and chlorine having no hydrogen atoms and no double bonds.
Shall mean anyone purchasing food or beverages from a restaurant
or retail food vendor.
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.
Shall mean any restaurant or retail food vendor.
Shall mean any person, firm, corporation, partnership, or
other organization or group, however organized.
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.
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.
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.
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.
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.
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]
[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]
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.
