There is hereby established a procedure for reviewing proposed
release of genetically engineered microorganisms into the outdoor
environment.
No person shall release any genetically engineered microorganisms
into the outdoor environment of the Township of Montague, 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.
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 filing a notice and application with
the Township Clerk 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 lot and block on the municipal tax map;
C. The name and address of the corporate surety and the identifying number of the bond required pursuant to Section
41-9 of this chapter;
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
microorganism;
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 pose a threat to the public health, safety or welfare; and
(5) 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 of the site 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 of Montague, liability
insurance coverage in an amount not less than five million dollars
($5,000,000) for bodily injury and one million dollars ($1,000,000)
for property damage, to pay claims arising out of the release of genetically
engineered microorganisms. A copy of the policy shall be filed with
the sworn statement;
I. A sworn statement that all state and federal requirements governing
any activity related to the release of genetically engineered microorganisms
have been fulfilled and are in effect at the time the application
is filed, including copies of any federal and state permits;
J. A description, by name or number, of the county, state, and municipal
roads, streets, and highways 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.
A permit required by Section
41-3 of this chapter shall be issued only upon the adoption of a resolution by the governing body finding 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.
Each application for the permit required by Section
41-3 of this chapter or renewal thereof, shall be accompanied by a fee in the amount of $1,000 which reflects the cost of reviewing and processing the application and monitoring permitted activities.
A photostatic copy of the original permit shall be prominently
displayed in a conspicuous location at the site, together with a document
providing the same, current address, and telephone number of the permit
holder and the telephone numbers of police and fire services. The
permit and the emergency numbers shall remain prominently displayed
at all times during the course of all work authorized or required
by the permit.
As a precondition to the issuance of a permit under Section
41-3 of this chapter, the applicant shall execute and file with the governing body a surety bond guaranteeing compliance with 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 the State of New Jersey. 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 fact 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 fidelity and surety business in this state. All bonds shall run to the governing body as obligee.
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. Any person aggrieved by such a determination may appeal
the same to the Superior Court of New Jersey.
If the governing body finds that a holder of a permit issued under Section
41-3 of this chapter has violated a provision or condition of his permit or rule or regulation adopted pursuant to this chapter, the governing body may declare the surety bond filed to guarantee compliance forfeited. The governing body shall certify the forfeiture to the municipal attorney who shall proceed to collect the amount thereof and forward it to the governing body.
A holder of a permit issued under Section
41-3 of this chapter 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.
If the governing body requires more information from the person
during the six month period between filing of the notice and the proposed
release date, the release date 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.
A person who violates this chapter is liable to a fine of up
to $1,000 or imprisonment for a term not to exceed six months, or
both. 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 chapter, or if the municipal attorney has reason to believe that
a person is about to violate this chapter, the municipal attorney
may seek injunctive relief to prohibit and prevent the violation.
The provisions of this chapter shall be deemed to be severable
and if any phrase, sentence or provision of this act is declared to
be unconstitutional or the applicability thereof to any person is
held invalid, the remainder of this chapter shall not thereby be deemed
to be unconstitutional or invalid.
This ordinance shall take effect upon passage and publication
in accordance with law.