[Adopted 12-4-2018 by Ord. No. 07-2018]
The title of this article shall be the "Hazardous Substance
Ordinance."
The purpose of this article is to provide for the proper use,
handling and storage of hazardous substances within the Borough of
Farmingdale and to provide for an effective enforcement system for
the rules and regulations concerning the use, handling and storage
of hazardous substances.
As used in this article, the following definitions shall have
the meanings indicated:
FACILITY
Any building or structure falling under the use group of
assembly, business, factory/industrial. high hazard, institutional,
mercantile, storage and utility as defined in the International Building
Code (IBC) as adopted in New Jersey.
HAZARDOUS SUBSTANCES
a.
A substance or combination of substances which, because of its
quantity, concentration or physical, chemical or infectious characteristics,
may:
1.
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
2.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
b.
"Hazardous substances" shall also mean all substances defined
under N.J.A.C. 7:1E-1.3 and listed in N.J.A.C. 7:1E, Appendix A, titled
"List of Hazardous Substances," promulgated April 28, 1982 by the
New Jersey Department of Environmental Protection, a copy of which
is on file with the Borough clerk and which is incorporated herein
by reference.
c.
"Hazardous substances" shall also mean:
1.
Petroleum and petroleum products.
2.
All pesticides designated as "prohibited," "restricted" or "specifically
restricted" pursuant to the New Jersey Pesticide Control Act of 1971
(N.J.S.A. 13:1F-1 et seq.) at N.J.A.C. 7:30-1.5 through 7:30-1.7.
3.
Substances designated as hazardous substances by the Federal
Environmental Protection Agency pursuant to Section 311(b)2(A) of
the Federal Water Pollution Control Act, Amendments of 1972, as amended
by the Clean Water Act of 1977, 33 U.S.C. § 1321.
4.
Substances designated as toxic pollutants by Congress for the
Environmental Protection Agency, pursuant to Section 307 of the Federal
Pollution Act, Amendments of 1972, as amended by the Clean Water Act
of 1977, 33 U.S.C § 1317.
5.
Any other substances listed in Appendix A.
6.
Any substance defined as a hazardous substance in Section 101(14)
of the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (CERCLA), 42 U.S.C. § 9601(14), and hazardous
wastes as defined in Section 1004(5) of the Resource Conservation
and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6903(5), and
as identified by the United States Environmental Protection Agency
pursuant to Section 3001 of the RCRA.
HAZARDOUS SUBSTANCE DISCLOSURE FORM
Also referred to as a "disclosure form," and any amendments,
modifications and supplements thereto, shall mean the Department of
Environmental Protection Form No. DEQ-94 or a form prepared by and
made available from the Borough of Farmingdale or the Office of Emergency
Management.
Hazardous substances shall only be used, stored or handled pursuant
to and in accordance with the current edition of the New Jersey State
Fire Code, the current edition of the Life Safety Code NFPA 101 and
the Resource Conservation and Recovery Act of 1976 (RCRA) of which
copies are on file in the office of the Clerk of the Borough of Farmingdale,
the office of the Construction Code Official of the Borough of Farmingdale
and the office of the Board of Health; and the same are hereby adopted
and incorporated as if fully set forth at length herein.
It shall be unlawful for any person, corporation or partnership to store, use or handle hazardous substances within or surrounding a facility located within the Borough without first completing the hazardous substances disclosure form on an annual basis. The term "facility" is defined pursuant to §
12-3 of this article. The disclosure form shall be mailed by the Office of Emergency Management or Department of Administration to all persons, corporations or partnerships who or which are affected by the provisions of this article. It shall be the responsibility of all persons, corporations or partnerships to complete the disclosure form and return it with the annual fee within 30 days from the date of receipt thereof.
It shall be the responsibility of any person, corporation or partnership responsible for the construction of a new facility, as defined pursuant to §
12-3 of this article, to file a completed disclosure form with the Borough in the manner prescribed under §
12-5.
Any time that any person, corporation or partnership who or which stores hazardous substances changes the reported storage in any way, or the volume or type of hazardous substances, or the method of handling or storing said hazardous materials, the Code Enforcement Officer shall be notified by telephone or email within 24 hours of this change. In addition, a new hazardous substance disclosure form shall be completed with the payment of a revised storage fee which shall reflect the difference between the original fee and the new fee required in accordance with the fee schedule set forth in §
12-8. The revised disclosure form and fee shall be filed with the Office of Emergency Management or the Department of Administration within 70 days from the date of notification to the Code Enforcement Officer.
It shall be the responsibility of the Borough's Department of
Administration or Office of Emergency Management to coordinate the
implementation and administration of this article. The Department
of Administration or Office of Emergency Management shall serve as
the central repository for the completed disclosure forms. It shall
be the responsibility of said department to provide copies of the
disclosure forms to the following department and agencies as required:
c. Office
of Emergency Management.
d. Construction
Code Official.
e. Bureau
of Fire Prevention.
f. Farmingdale
Municipal Water Supply.
g. Ocean County
Utilities Authority.
h. New Jersey
Water Supply Authority.
i. Manasquan
River Regional Sewerage Authority.
The annual filing fee for storage of hazardous substances pursuant
to the provisions of this article shall be waived for the following
types of facilities:
c. School
(not operated for profit).
d. Any organization,
society or group which is nonprofit.
It is not necessary to include materials into the inventory
required by the disclosure form which are purchased in normal retail
quantities, packaged in consumer packaging and used for the normal
operation and maintenance of the offices, buildings and ground at
a facility (e.g., touch-up paints, fire extinguishers, cleaners and
office and janitorial supplies). Materials received in bulk, rather
than retail packaging, shall be disclosed on the disclosure form.
Whenever additional inspections of a facility, as defined herein,
are necessitated by reason of an unsatisfactory initial inspection,
the facility landowner(s), facility lessees(s), their agents, or any
other person with legal authority over such facility shall be assessed,
and the Borough of Farmingdale shall be reimbursed thereby, for the
cost of such inspection at the rate of $50 per hour or part thereof.
These costs may be made a lien and special assessment against the
parcel of land on which the business is located, but implementation
of such an assessment procedure shall not be the exclusive remedy
of the Borough for recovery of such costs.
Whenever a person, corporation or partnership who or which handles
hazardous substances intends to cease or ceases doing business at
a facility, such entity shall immediately notify the Borough of Farmingdale
Code Enforcement Officer.
Information provided in the hazardous substance disclosure form
shall be deemed a public record subject to inspection and copying,
except where the information involved is a trade secret or is otherwise
excepted or protected under laws from requirement of public disclosure.
Any person, corporation, partnership or facility violating this
article shall be subject, upon conviction in the Municipal Court,
to a fine of not more than $1,000 and/or imprisonment up to 90 days.
Each day that a particular violation continues shall constitute a
separate violation.
[Adopted 12-4-2018 by Ord. No. 07-2018]
This article 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 their citizens.
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
Includes the Borough of Farmingdale's employees, agents,
officers, officials and supporting units as directed by the Office
of Emergency Management.
COLLECTING AGENCY
Borough of Farmingdale, Office of Emergency Management.
[Amended 4-2-2019 by Ord. No. 01-2019]
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or pumping of hazardous substances into any waters which flow within
the jurisdiction of the Borough or any land within the jurisdiction
of the Borough or into the water or land outside the jurisdiction
of the Borough when damage may result to the people, lands, waters
or natural resources within the jurisdiction of the Borough.
EXPENDABLE ITEMS
Any items used to extinguish or prevent any hazardous substances
or fire or stop or contain any leak, release or spill involving any
hazardous substance which cannot be reused or replenished without
cost after that particular incident. The 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 be restricted to chemical
protective suits, gloves, boots, goggles and any other item owned
or controlled by the Borough of Farmingdale or owned or controlled
by any volunteer organization or other municipal organizations rendering
assistance.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as a hazardous
substance or material, including but not necessarily limited to the
NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, the list of hazardous substances and toxic pollutants
designated by the Federal Environmental Protection Agency (EPA) and
the New Jersey Department of Environmental Protection pursuant to
Section 311 of the Federal Water Pollution Act, Amendment of 1972,
as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251
et seq.) and the list to toxic pollutants designated by Congress or
the EPA pursuant to Section 307 of the Federal Water Pollution Control
Act, and 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 Howell Township/Farmingdale
Office of Emergency Management.
TOWNSHIP
Includes the Township of Howell's employees, agents, officers,
officials and supporting units as directed by the Office of Emergency
Management.
VEHICLE
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
Any container, drum, box, cylinder, bottle or tank used to
hold, contain, carry or store any hazardous materials whether or not
said container was manufactured for the containment of hazardous material.
VOLUNTEER ORGANIZATION
Any duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
Reimbursement to the Borough/Township for expendable items used
shall be made by the owner or operator of the vehicle responsible
for any hazardous material fire or 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 any person responsible for any
hazardous material fire, leak or spill of hazardous material on public
or private property, whether accidental or through negligence.
Any person causing any hazardous material fire or 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 Borough 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 Borough of Farmingdale and until such time
arrangements have been made to reimburse the Borough and the towing
company for their expenditures under the terms of this article.
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Borough/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
15 days after receipt of a bill therefor. The collections agency shall
utilize its best efforts to collect costs hereunder and shall reimburse
its agents or the local units for amounts collected. In the event
that the collection agency is not able to collect said costs or only
a portion thereof, the collection agency shall not be responsible
to its agents or the local units for the full amount of same.
The person or entity responsible for any fire, leak or spill
of hazardous material who or which fails to reimburse the Borough/Township
within the time required shall be subject to a fine of not less than
$300 nor more than $500 per day or to imprisonment for a period of
not more than six months, or both. The person or entity responsible
for committing a spill, or who or which fails to report the same,
will be liable for the same penalties as aforesaid stated.
The Borough of Farmingdale, through its chief financial officer,
shall be authorized to establish a Dedicated by Rider Trust Account
entitled "Farmingdale Office of Emergency Management Trust Account,"
and funds received from those persons or parties responsible for the
hazardous material fire or 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 accident 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 any person responsible for any
hazardous material fire or leak or spill of hazardous material on
a public or private property, whether accidental or through negligence,
shall be deposited into this account and used for reimbursement purposes,
as well as for training, education, enforcement and equipment and
equipment needs related to hazardous materials response or remediation.