Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 85-4, § 1]
As used in this section:
CLEANUP PLAN
Shall mean a plan for the cleanup of industrial establishments including those operating on farmlands, approved by the Township Committee, which includes a description of the locations and quantities of sludge and contaminants that will remain on the premises where sludge has been applied; a description of the types and locations of storage vessels, surface, improvements or secured landfills containing sludge; recommendations regarding the most practicable method of cleanup; and a cost estimate of the cleanup plan.
COMMITTEE
Shall mean the Township Committee.
INDUSTRIAL ESTABLISHMENT
Shall mean any place of business (including farms) engaged in operations which involve the generation, manufacture, refining, transportation, treatment, storage, handling, or disposal of sludge on site, above or below ground.
OPERATIONS
Shall mean any business engaging in the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of sludge above or below ground, including operations conducted on farmland.
SLUDGE
Shall mean the solids, precipitates and liquids, other than effluent, which are produced as a result of the storage or treatment of domestic or industrial sewerage.
TERMINATING, CLOSING OR TRANSFERRING OPERATIONS
Shall mean the cessation of all operations which involve the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of sludge, or any temporary cessation for a period of not less than six months, or any transaction or proceeding through which an industrial establishment, including a farm, becomes nonoperational for health or safety reasons or undergoes change in ownership.
[Ord. No. 85-4, § 2]
a. 
The owner or operator of an industrial establishment planning to close operations shall:
1. 
Notify the Township Committee in writing, no more than five days subsequent to public release, of its decision to close operations;
2. 
Upon closing operations, or 60 days subsequent to public release of its decision to close or transfer operations, whichever is later, the owner or operator shall submit a copy of a cleanup plan to the Committee, including a guarantee of performance of the cleanup in an amount equal to the cost estimate for the cleanup plan. This duty shall be considered mandatory and nontransferable or assignable.
b. 
The owner or operator of an industrial establishment planning to sell or transfer operations shall:
1. 
Notify the Township Committee in writing within five days of the execution of an agreement of sale or any option to purchase.
2. 
Submit to the Township Committee, within 60 days prior to transfer of title, a copy of cleanup plan attached to the contract or agreement of sale or any option to purchase which may be entered into with respect to the transfer of operations.
3. 
Obtain, upon approval of the cleanup plan by the Committee, a surety bond or other financial security approved by the Township Committee guaranteeing performance of the cleanup plan in an amount equal to the cost estimate for the cleanup plan.
4. 
The obligations of the owner or operator pursuant to this subsection shall be nontransferable or assignable and the cleanup plan and detoxification of the site shall therefore be implemented by the owner or operator.
[Ord. No. 85-4, § 3]
a. 
The Committee shall, in accordance with the schedule contained in an approved cleanup plan, inspect the premises to determine conformance with minimum standards for soil, groundwater and surface water quality and shall certify that the cleanup plan has been executed and that the site has been detoxified.
[Ord. No. 85-4, § 4]
a. 
The provisions of any law, rule or regulation to the contrary notwithstanding, the transferring of an industrial establishment is contingent on the implementation of the provisions of this section.
b. 
If the premises of the industrial establishment would be subject to substantially the same use by the purchaser, transferee, mortgagee or other party to the transfer, and upon written certification thereto and approval by the Committee thereof, the implementation of a cleanup plan and the detoxification of the site may be deferred until the use changes or until the purchaser, transferee, mortgagee or other party to the transfer closes, terminates or transfers operations.
1. 
Within 60 days of receiving notice of the sale of realty transfer and certification that the industrial establishment would be subject to substantially the same use, the Committee shall approve, conditionally approve, or deny the certification.
2. 
Upon approval of the certification, the implementation of a cleanup plan and detoxification of the site shall be deferred.
3. 
Upon denial of the certification, the cleanup plan and detoxification of the site shall be implemented pursuant to the provisions of this section.
c. 
The authority to defer implementation of the cleanup plan set forth in paragraph b of this subsection shall not be construed to limit, restrict, or prohibit the Committee from directing site cleanup under any other statute, ordinance, rule, or regulation, but shall be solely applicable to the obligations of the owner or operator of an industrial establishment, pursuant to the provisions of this section, nor shall any other provisions of this section be construed to limit, restrict, or prohibit the department from directing site cleanup under any other statute, rule or regulation.
[Ord. No. 85-4, § 5]
No obligations imposed by this section shall constitute a lien or claim which may be limited or discharged in a bankruptcy proceeding. All obligations imposed by this section shall constitute continuing regulatory obligations imposed by the Township.
[Ord. No. 85-4, § 6]
a. 
Failure of the transferrer to comply with any of the provisions of this section is grounds for voiding the sale or transfer of an industrial establishment or any real property utilized in connection therewith by the transferee, entitles the transferee to recover damages from the transferrer, and renders the owner or operator of the industrial establishment strictly liable, without regard to fault, for all cleanup and removal costs and for all direct or indirect damages resulting from the failure to implement the cleanup plan.
b. 
Failure to submit a cleanup plan pursuant to the provisions of subsection 21-1.2 of this section is grounds for voiding the sale by the Committee.
c. 
Any person who fails to comply with the provisions of this section is liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense. Any officer or management official of an industrial establishment who knowingly directs or authorizes the violation of any provisions of this act shall be personally liable for the penalties established in this paragraph.
[Ord. No. 85-4, § 7]
a. 
An owner or operator of an industrial establishment, or real property which once was the site of an industrial establishment which engaged in operations which involve the generation, manufacture, refining, transportation, treatment, storage, handling, or disposal of sludge on-site who knows or suspects the occurrence of any hazardous discharge involving sludge on-site, above or below ground at the industrial establishment or real property shall, within 10 days of obtaining any information leading to this knowledge or suspicion, make an inspection thereof and file a written report concerning this hazardous discharge of sludge with the Committee and the local Board of Health. The report shall include: the quantity of sludge involved in the hazardous discharge if known; the location of the hazardous discharge; and any actions taken by the owner or operator of the industrial establishment to contain the discharge.
b. 
A person who fails to make a report required pursuant to this subsection or who knowingly gives or causes to be given any false information in any such report, or otherwise violates the provisions of this subsection, or any rule or regulation adopted pursuant thereto, is liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature each day during which it continues shall constitute an additional, separate and distinct offense.
[Ord. No. 89-2, § 1]
Many types of biological research, such as genetic engineering, are of exceptional importance and may offer many potential benefits, but are also characterized by major uncertainties and possible significant hazards regarding effects on the human population, other organisms and the general environment;
As the products of biotechnology move from contained research laboratories into full contact with the public and the environment through commercial testing and applications in the environment, the residents of the Township maintain serious and legitimate concerns about the effect that the release of genetically engineered microorganisms and bacteria into the outdoor environment may have on the health, safety and welfare of the public;
It is therefore incumbent upon the governing body to take responsible and timely measures to insure that the public health, safety and welfare, and the environment are protected and public concerns associated with the release of genetically engineered microorganisms are promptly addressed.
That these important interests may be addressed through the establishment of a procedure for reviewing proposed releases of genetically engineered microorganisms into the outdoor environment.
[Ord. No. 89-2, § 2]
As used in this section:
GENETICALLY ENGINEERED MICROORGANISM
Shall mean a living microorganism, including but not limited to bacteria and viruses, whose genes have been artificially altered for scientific or commercial purposes.
GOVERNING BODY
Shall mean the Committee of the Township of Millstone.
OUTDOOR ENVIRONMENT
Shall mean any area outside of the confines of a laboratory or other closed and secured building, or structure, including but not limited to forests, fields, streams, rivers, lakes or other bodies of water and the atmosphere.
PERSON
Shall mean, in addition to the usual meanings, all political subdivisions of this State or any agencies or instrumentalities thereof.
SITE
Shall mean the location within the boundaries of the Township of Millstone on which a person proposes to release a genetically engineered microorganism.
[Ord. No. 89-2, § 3]
No person shall release any genetically engineered microorganisms into the outdoor environment of the Township, as part of any field test, experiment, or research project without first having obtained a permit issued by the governing body, after a public hearing.
[Ord. No. 89-2, § 4]
A person who proposes to release genetically engineered microorganisms into the outdoor environment shall not later than six months prior to the date of this proposed release notify the governing body of the proposed release date by certified mail. The notice shall be accompanied by the following information:
a. 
The names and addresses of all persons holding an interest in the tract upon which the site is located;
b. 
The location of the tract on which the site is located or is to be located as identified by municipal Tax Map by lot and block;
c. 
The name and address of the corporate surety and the identifying number of the bond required pursuant to subsection 21-2.9 of this section;
d. 
A plan for environmental protection, which shall include a method for containment and disposal of the genetically engineered microorganisms;
e. 
A plan for insuring the health, safety and welfare of the public including clean up and containment provisions in case of an accident or unanticipated consequence of the release of a genetically engineered micro-organism;
f. 
A plan for restoration of the land surface disturbed by operations incident to the release of genetically engineered microorganisms;
g. 
A risk assessment which shall include:
1. 
Information on the projected survivability of the genetically engineered microorganism in the environment;
2. 
A determination as to the genetically engineered microorganism's ability to survive in a human host;
3. 
Information on the genetically engineered microorganism's ability to reproduce in the outdoor environment;
4. 
An analysis of the likelihood that the genetically engineered microorganism will be dispersed or transported to a new or unintended site;
5. 
A determination as to whether or not the release of the genetically engineered microorganism will pose any threat to the public health, safety or welfare; and
6. 
A determination as to whether or not the release of the genetically engineered microorganism will have any deleterious environmental effect.
h. 
A sworn statement that the owner has in force, and will maintain until the completion of the restoration, to the satisfaction of the governing body, of any site in the Township, liability insurance coverage in an amount no less than $5,000,000 for bodily injury and $1,000,000 for property damage, to pay claims arising out of the release of genetically engineered microorganisms.
i. 
A sworn statement that all requirements of the Federal and State governments over any activity related to the release of genetically engineered microorganisms have been fulfilled and are in effect at the time of application is filed, including copies of any Federal or State permits.
j. 
A description, by name or number, of the County, State, and municipal streets that the applicant anticipates will be used for access to and egress from the site; and
k. 
A map, on a scale not smaller than 400 feet to the inch, prepared by a surveyor licensed in New Jersey, showing the location of the site.
[Ord. No. 89-2, § 5]
A permit required by subsection 21-2.3 of this section shall be issued only upon the adoption of a resolution by the governing body that the authorized activities will not result in:
a. 
Any threat to the public's health, safety and welfare; and
b. 
Any adverse consequences to the environment.
[Ord. No. 89-2, § 6]
Each application for the permit required by subsection 21-2.3 of this section or renewal thereof, shall be accompanied by the fee stated in Section 5-21 and shall reflect the costs of reviewing and processing the application and monitoring permitted activities.
[Ord. No. 89-2, § 7]
A photostatic copy of an original permit shall be prominently displayed in a conspicuous location at the site, together with a document providing the name, current address, and telephone number of the permit holder and the telephone numbers of police and fire services. The permit or copy and the emergency numbers shall remain prominently displayed at all times during the course of all work authorized or required by the permit.
[Ord. No. 89-2, § 8]
a. 
Prior to the approval of any permit or amended permit, the governing body shall provide timely and informative notice of the permit application to the public. The public shall be afforded an opportunity to review the permit application. Any public comment submitted to the governing body shall be made part of the public record and considered by the governing body in determining whether to approve the permit. The governing body shall hold a public hearing on a permit application before adopting the resolution approving the permit.
b. 
Notice of the public hearing pursuant to paragraph a of this subsection shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of site. Notice shall be given by the person proposing to release the genetically engineered microorganisms, who shall mail a copy of the public hearing notice by certified mail to the property owner at his address as shown on the current tax duplicate.
[Ord. No. 89-2, § 9]
As a precondition to the issuance of a permit under subsection 21-2.3 of this section, the applicant shall execute and file with the governing body a surety bond guaranteeing compliance with all provisions of this section and all provisions and conditions of the permit. The bond shall be in an amount established by resolution of the governing body. The surety bond required by this section shall be executed by a surety company authorized to do business in this State. The governing body shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by his attorney in ordinance, with a certified copy of the power of attorney attached thereto. The governing body shall not approve a bond unless there is attached a certificate of the Commissioner of Insurance that the company is authorized to transact a fidelity and surety business in this State.
All bonds shall run to the governing body as obligee.
[Ord. No. 89-2, § 10]
The governing body may order the immediate suspension of any activities related to the release of genetically engineered microorganisms if it finds that the activity poses an imminent danger to public health, safety or welfare or results in, or is likely to result in, substantial damage to the environment. Within five calendar days after the issuance of the order the governing body shall provide the permittee an opportunity to be heard and to present evidence that the allegedly dangerous condition or activity is not likely to result in substantial damage to the environment and does not present an imminent danger to public health, safety, or welfare. After the hearing, the governing body shall make a final determination.
[Ord. No. 89-2, § 11]
If the governing body finds that a holder of a permit issued under subsection 21-2.3 of this section has violated a provision or condition of his permit or a rule or regulation adopted pursuant to this section, the governing body may declare the surety bond filed to guarantee compliance forfeited. The governing body shall certify the forfeiture to the Township Attorney who shall proceed to collect the amount thereof, and forward it to the governing body.
[Ord. No. 89-2, § 12]
A holder of a permit issued under subsection 21-2.3 of this section shall restore, or cause to be restored, the land surface within the area disturbed in siting in accordance with a plan approved by the governing body.
[Ord. No. 89-2, § 13]
If the governing body requires more information from the person during the six-month period, the proposed release data may be postponed by order of the governing body, as necessary, pending further action or investigation of the governing body. A person shall not release any genetically engineered microorganism into the outdoor environment of this Township if the release is not approved by the governing body.
[Ord. No. 89-2, § 14]
A person who violated this section is liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.
In addition to the penalties provided above, if a person violates this section, or if the Township Attorney has reason to believe that a person is about to violate this section, the Township Attorney may seek injunctive relief to prohibit and prevent the violation.
[Ord. No. 93-18, § 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. 93-18, § I]
COLLECTING AGENCY
Shall mean the Township of Millstone.
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 this Township or any land within the jurisdiction of this 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 of Millstone.
HAZARDOUS MATERIALS
Shall mean any material, solid, liquid or gas, listed as such under 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 Millstone Township Office of Emergency Management.
TOWNSHIP
Shall mean and include the Township of Millstone'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 said container was manufactured for the containment of a hazardous material.
[Ord. No. 93-18, § I]
This section provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Township of Millstone, 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 of Millstone 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 of Millstone.
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. 93-18, § I]
a. 
The discharge of hazardous substances is prohibited. This section shall not apply to discharge of hazardous substances 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 become aware of a discharge which occurred prior to or after the effective date of this section shall immediately notify the Township of Millstone, Office of Emergency Management.
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. 93-18, § I]
Reimbursement to the Township for expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak or spill of hazardous material; 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 of hazardous material on public or private property whether accidental or through negligence.
[Ord. No. 93-18, § I]
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, such 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 of Millstone, and until such time as arrangements have been made to reimburse the Township and the towing company for their expenditure under the terms of this section.
[Ord. No. 93-18, § I]
The person or entity responsible for any fire, leak or spill of hazardous material 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 45 days after receipt of a bill thereof. 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 said 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. 93-18, § I]
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 subject to a fine in accordance with Section 1-5 hereof.