[Ord. No. 88-19 § 1]
This section shall be known as the "Hazardous Waste Costs Recovery
Ordinance".
[Ord. No. 88-19 § 2; Ord. No. 97-26 § 1]
As used in this section:
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of a hazardous substance into the air or waters
or onto the lands of the State, or into the air or waters outside
the jurisdiction of the State, when damage may result to the lands,
waters, air or natural resources within the jurisdiction of the State.
Shall mean any items used to extinguish any fire or to stop
or contain any leak or spill involving any hazardous material which
cannot be reused or cannot be replenished without cost after that
particular fire, leak or spill. These include but are not restricted
to fire fighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums, and specialized protective equipment to include,
but not restricted to, acid suits, acid gloves, goggles and protective
clothing.
Shall mean a substance defined as such pursuant to section
3 of the "Spill Compensation and Control Act," N.J.S.A. 59:10-23.
11b.
Shall mean costs incurred by the Borough of Tenafly for the
regular and overtime wages paid to its employees and/or agents in
connection with a hazardous waste incident including but not limited
to the cost of replacement or replenishment of materials and supplies,
the cost of any and all environmental tests required to insure a hazard-free
environment, any and all medical costs incurred by the municipality
for responding personnel, use of equipment and vehicles, services
rendered by any recovery company, towing company or other technical
assistance ordered by the Tenafly Volunteer Fire Department, and expenses
incurred by the Mid-Bergen Hazardous Material Team and/or mutual aid
units responding in connection with the incident.
Shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcycles, trucks,
tractor-trailers, construction equipment and farm machinery.
Shall mean any container, drum, box, cylinder or tank used
to hold or contain, carry or store any hazardous material.
Shall mean a duly incorporated volunteer fire, ambulance,
first aid, emergency, or rescue company or squad.
[Ord. No. 88-19 § 3; Ord. No. 97-26 § 2]
This section provides for the reimbursement for or the replacement
of the specialized and sometimes non-reusable equipment required by
State and Federal regulations to be made available in the Borough
in case of fire, leakage or spillage involving any hazardous material.
This section further entitles the Borough of Tenafly to reimbursement
for any reimbursable items as defined herein expended by the Borough
or any of its agencies in extinguishing any fire, stopping or containing
any leak or controlling any spill of hazardous materials.
[Ord. No. 88-19 § 4]
Any person responsible for causing or allowing an unauthorized
discharge of a hazardous substance that requires emergency action
by a unit or volunteer organization of the Borough in order to protect
the public health, safety, or welfare, or the environment, is liable,
jointly and severally, to each such unit or organization for the necessary
and reasonable additional or extraordinary costs incurred in investigating,
mitigating, minimizing, removing and abating the discharge.
[Ord. No. 88-19 § 5; Ord. No. 95-19 § 1; Ord. No. 97-26 § 3]
a.
A volunteer organization of the Borough responding to the emergency
caused by the discharge of a hazardous substance shall keep a detailed
record of the costs attributable thereto, and certify that record
to the Governing Body within which the discharge occurred. Such costs
shall include the following:
1.
The cost of replacement of expendable items.
2.
The regular and overtime wages paid to Borough employees.
3.
The cost of replacement or replenishment of materials and supplies.
4.
Any and all medical costs incurred by the municipality for responding
personnel.
5.
The cost of any and all environmental tests ordered by the Tenafly
Volunteer Fire Department or Health Department required to insure
a hazardous-free environment.
6.
A fixed hourly rate for the use of apparatus computed at the rate
of $200 per hour or any part thereof for any HazMat vehicle from the
Mid-Bergen Hazardous Materials Team and $150 per hour or any part
thereof for the use of any other municipal vehicles.
7.
All expenses incurred by the Mid-Bergen Hazardous Materials Teams
and/or other mutual aid units.
8.
The cost of services rendered by any recovery company, towing company
or other technical assistance ordered by the Tenafly Volunteer Fire
Department to handle such incidents.
b.
Any person aggrieved by a decision of a volunteer organization of
the Borough of Tenafly in conjunction with enforcement or interpretation
of this section may appeal to the Mayor and Council by filing an appeal
in writing to the Borough Clerk within 30 days of the decision at
which time the Mayor and Council will provide the appellant the opportunity
to be heard. The Mayor and Council will hear such an appeal within
30 days thereof and shall decide such appeal within 30 days thereof
and shall decide such appeal within 60 days of such hearing. If no
such decision is made within such period, the appeal shall be considered
denied.
c.
In making a determination of the amount required to be reimbursed pursuant to this act, the status of a person liable pursuant to subsection 23-1.4 of this act as a taxpayer to the Borough may be taken into consideration.
d.
A volunteer organization responding to the emergency caused by the
discharge of a hazardous substance may compromise and settle any claim
for costs permitted pursuant to this act in such amount in the discretion
of the unit or organization as may appear appropriate and equitable
under all of the circumstances.
e.
Any recovery of costs shall be credited to the appropriate funds
of each volunteer organization from which moneys were expended in
responding to the emergency caused by the discharge of a hazardous
substance.
[Ord. No. 88-19 § 5; Ord. No. 98-19 § 2]
Any person who discharges, releases, spills, leaks, pumps, pours, emits, empties or dumps any hazardous substance into the air or waters or onto lands located in the Borough of Tenafly or violates any other provisions of this section, upon conviction, shall be subject to the penalties in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. 1305 § 1; Ord. No. 99-44 §§ 1, 2]
As used in this section:
Shall mean the Pesticide Control Act of 1971 as amended,
N.J.S.A. 13:1F-1 et seq.
Shall mean any ingredient which will prevent, destroy, repel,
control, or mitigate pests, or which will act as a plant regulatory,
defoliant, or desiccant.
Shall mean property directly bordering on the property to
be sprayed and property that would border the sprayed property were
it not for the existence of public thoroughfares.
Shall mean any plant or part thereof, or animal, or animal
product produced by a person (including farmers, ranchers, vineyardists,
plant propagators, Christmas tree growers, aquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily for
sale, consumption, propagation, or other use by man or animal.
Shall mean characteristic designation by words, symbols,
name, number or trademark of a specific, particular pesticide or formulation
thereof under which the pesticide is distributed, sold, offered for
sale, handled, stored, used, or transported in the State of New Jersey.
Shall mean any person (whether or not he is a private applicator
with respect to some uses) who uses or supervises the use of any pesticide
for any purpose or on any property other than as provided by the definition
of "private applicator."
Shall mean any person who applies pesticides by equipment
other than aerial under the direct supervision of a certified and
registered responsible pesticide applicator.
Shall mean any pesticide application performed on aggregate
areas greater than three acres of land which is part of a pest control
program administered by a governmental agency or which is contracted
for or performed by one person who has control over the use of the
land to which the pesticide is applied.
Shall mean any person who hires a landscaper business, commercial
pesticide applicator business or tree service/arborist business to
perform pest control application utilizing hydraulic spraying equipment,
air blast sprayers or aero application equipment or pesticide application
on turf areas that are sprayed or granular application on property
owned or controlled by him. For the purpose of this definition, the
term "customer" shall include any person who makes such application
on property owned or controlled by him.
Shall mean the United States Environmental Protection Agency.
Shall mean any person, partnership, or corporation engaged
in the business of landscaping as a primary occupation, and shall
not include casual employment by minors or family members.
Shall mean trees, shrubs, and other planting in and around
habitations generally, but not necessarily located in urban and suburban
areas, including residences, parks, streets, retail outlets, industrial
and institutional buildings.
Shall mean and include corporations, companies, associations,
societies, firms, partnerships, and joint stock companies as well
as individuals, and shall also include all political subdivisions
of the State or any agencies or instrumentalities thereof.
Shall mean (a) an insect, rodent, nematode, fungus, weed,
or (b) any other form of terrestrial or aquatic plant or animal life
or virus, bacteria, or other micro-organism (except viruses, bacteria
or other micro-organisms on or in living man or other animals) which
is injurious to health or the environment.
Shall mean any person who either wholly or in part holds
himself out for hire to apply pesticides in the State of New Jersey.
Shall mean any person who uses or supervises the use of any
pesticide for purposes of producing any agricultural commodity on
property owned or rented by him or his employer or, if applied without
compensation, other than trading of personal services between producers
of agricultural commodities, on the property of another person.
Shall mean an official designated by the municipality, subject
to approval by the New Jersey Department of Environment Protection,
whose duties are to enforce the rules and regulations promulgated
under the ordinance.
Shall mean any individual who is accountable for the use
of a pesticide by himself or any person under his direct supervision.
Shall mean any pesticide or pesticide use so classified under
the provisions of N.J.A.C. 7:30-2 or so classified by the Administrator
of the United States Environmental Protection Agency.
Shall mean pesticide rules and regulations promulgated under
the Act and codified in N.J.A.C. 7:30.
Shall mean a specific location, including but not limited
to any crop, commodity, object, delineated field or area, or structure
or part thereof, that is intended to be treated by a pesticide so
that any pests therein or thereon are controlled. This term does not
include any similar site which was not a part of the original agreement
between the contracting parties even if such site is included on the
label or labeling of the pesticide.
Shall mean any act of handling or release of a pesticide,
or exposure of man, property, or the environment to a pesticide through
acts which include but are not limited to:
[Ord. No. 1305 § 2]
a.
No person shall engage in the activities of a commercial pesticide
operator without having satisfied the applicable requirements established
by the New Jersey Department of Environmental Protection and having
obtained a valid pesticide operator registration issued by that department.
b.
Each commercial pesticide operator shall at all times have in his/her
possession the valid registration card and shall produce it upon request
by proper enforcement personnel.
[Ord. No. 1305 § 3]
a.
No person shall engage in the activities of a commercial pesticide
applicator without having satisfied the applicable requirements established
by the New Jersey Department of Environmental Protection and having
obtained a valid commercial pesticide applicator registration issued
by that Department.
b.
Each commercial pesticide applicator shall at all times have in his
possession the valid registration card and shall produce it immediately
upon request by proper enforcement personnel.
c.
Each commercial pesticide applicator must keep records of each application
of pesticides in accordance with provisions of State regulations.
Such records shall be made available to all proper enforcement personnel.
[Ord. No. 1305 § 4]
a.
No person shall engage in a activities of a pesticide applicator
business without having satisfied the applicable requirements established
by the New Jersey Department of Environmental Protection and having
obtained a valid pesticide applicator business registration issued
by the Department. The business registration shall be made immediately
available upon request of proper enforcement personnel.
b.
The pesticide applicator business must keep records of each application
of pesticides in accordance with provisions of State regulations.
Such records shall be made available to all proper enforcement personnel.
[Ord. No. 1305 § 5; Ord. No. 99-44 § 3]
a.
Registration Required. No "commercial pesticide applicator," "pesticide
applicator business," "commercial pesticide operator" or "landscaper"
shall engage in the business of pesticide application within the Borough
of Tenafly without first registering with the Borough.
b.
Application. Every applicant registering according to this section
shall file a completed and signed application furnished by the Health
Department which is subject to review and approval consisting of the
following:
1.
The applicant shall provide a copy of a valid commercial pesticide
applicator business license issued by the New Jersey Department of
Environmental Protection and valid commercial pesticide applicator
or operator licenses for those individuals who will be applying pesticide
within the Borough of Tenafly.
2.
The applicant shall provide a list of pesticides approved for use
by the Environmental Protection Agency and information sheets on property
pesticide application for each pesticide which will be sprayed on
any property through the year. The applicant will be limited to spraying
only those pesticides specified on the application.
3.
The applicant shall provide the name, address, and permit number
of the approved disposal facility where the applicant has an arrangement
to dispose of tree and landscape refuse and show proof thereof.
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This section shall apply to all commercial pesticide applicators,
commercial pesticide operators, pesticide applicator, businesses,
landscapers, and tree service/arborists who apply pesticides within
the Borough of Tenafly.
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c.
Registration Fee; Identification. The applicant shall pay to the
Borough of Tenafly a registration fee of $35 per calendar year beginning
January 1 and ending December 31 of each year. No part of the fee
shall be prorated for any part of the year. Upon payment of the fee,
and approval of the application, the Health Department shall issue
a registration permit which must be displayed on the dashboard of
the applicant's vehicle at the time work is being performed,
or sticker which shall be displayed in the driver's window so
that it is visible. The permit or sticker shall be valid for the calendar
year for which the application is filed and the permit fee is paid.
Each individual employee of the pesticide applicator business, landscaper
business or tree service/arborist business shall wear identification
of this business.
[Ord. No. 1305 § 6]
No person shall store restricted use pesticides without first
meeting the applicable provisions of State regulations.
[Ord. No. 1305 § 7]
No person shall add water to any pesticide handling, storage,
or application equipment via a hose, pump, or other equipment unless
such hose, pump, or other equipment is fitted with an effective value
or device to prevent backflow of pesticides or liquids containing
pesticides into water supply systems, streams, lakes, other sources
of water or other areas; except that such backflow devices or valves
are not required when the hose, pump, or other equipment is not allowed
to contract or fall below the level of the liquid in the handling,
storage, or application equipment to which water is being added and
no other possible means of establishing a back-siphon or backflow
exists.
[Ord. No. 1305 § 8]
All persons having employees who use, apply, transport or otherwise
handle any pesticide shall make available to such employees any necessary
and appropriate safety equipment in good working order and shall train
such employees in the proper operation of such safety equipment.
[Ord. No. 1305 § 9]
a.
No municipal agencies shall apply any pesticide on a community or
area wide basis unless prior notification of the proposed application
has been given to persons residing in the vicinity of the proposed
target site.
1.
The notification shall be made through advertisement in at least
two newspapers having the greatest likelihood of informing the public
within the area of application.
2.
The newspaper notification must be given a maximum of 60 days and
a minimum of seven days prior to the proposed application date.
3.
The notification must contain at least:
(a)
The proposed application date;
(b)
The location of the application;
(c)
The name, address and registration number of the applicator
business or the responsible pesticide applicator associated with the
application;
(d)
The brand name and active ingredients of the pesticide(s) to
be used;
(e)
Application equipment to be used; and
(f)
The name, address and phone number of a person who may be contacted
and is responsible for supplying updated information on the advertised
pesticide applications to those persons requesting it.
b.
No person, other than municipal agencies, shall apply any pesticide
on a community or area wide basis unless prior notification of the
proposed application has been given to persons residing in the vicinity
of the proposed target site.
1.
The customer shall obtain copies of notices from the commercial pesticide
applicator and shall deliver such notices at least 48 hours prior
to the proposed application to residents of property adjacent and
contiguous to the portion of the customer's property to be sprayed,
such notice to contain the following information:
(a)
The proposed application date;
(b)
The location of the application;
(c)
The name, address and registration number of the applicator
business or the responsible pesticide applicator associated with the
application;
(d)
The brand name and active ingredients of the pesticide(s) to
be used;
(e)
Application equipment to be used; and
(f)
The name, address and phone number of a person who may be contacted
and is responsible for supplying updated information on the advertised
pesticide applications to those persons requesting it.
2.
Upon the request of a person residing in the vicinity of the proposed
target site, to a person designated pursuant to paragraphs a3(f) and
b1(f) above, such designated person shall provide, at a minimum, the
following information at least 12 hours prior to the application,
except that if a reasonable attempt to provide notice is unsuccessful,
an attempt to notify such person, by telephone, shall be made immediately
prior to the application:
3.
The person designated pursuant to paragraphs a3(f) and b1(f) above
shall maintain a record of all telephone calls, attempted and completed
with persons requesting information referred to above, and a file
of related correspondence. Such record and file shall be made available
to the proper enforcement personnel upon request. The minimum information
required to be kept on the call record shall include:
4.
If the application date is changed, renotification must be given
to those persons who have made a request for information pursuant
to paragraph b2 above.
c.
The provisions of this section shall not apply to any pesticide application
which is made for the purpose of producing an agricultural commodity,
mosquito larviciding applications, or the application of granular
formulations in nonresidential areas.
[Ord. No. 1305 § 10; Ord. No. 99-44 § 5]
a.
No person shall cause or allow an outdoor ornamental pest control
application on any vegetative growth utilizing hydraulic spraying
equipment or aerial application equipment on any property within the
Borough of Tenafly unless the following procedures have been implemented:
1.
The commercial pesticide applicator shall deliver notices at least
48 hours prior to the proposed application to residents of properties
adjacent and contiguous to the property to be sprayed; such notice
shall contain the following information:
(a)
A general statement of the purpose of the notification and procedures
to follow to obtain additional updated information;
(b)
The proposed application date(s);
(c)
The location of the application;
(d)
The name, address and registration number of the applicator
business or the responsible pesticide applicator associated with the
application;
(e)
The brand or generic name and active ingredients of the pesticide(s)
to be used; and
(f)
The name, address, phone number of the applicator who may be
contacted and is responsible for supplying updated information and
the exact date and time of any changes in the application dates to
those persons requesting it.
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If spraying is not completed on the initial proposed date, the
commercial pesticide applicator shall deliver a renotification at
48 hours prior to the proposed new application date to the residents
of properties adjacent and contiguous to the property to be sprayed.
Such renotification shall contain the information specified in paragraphs
(a) through (f) above.
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2.
Upon request of any resident or property adjacent and contiguous
to the customer's property, to the applicator designated pursuant
to paragraph a1(d) above, such designated applicator shall provide,
at a minimum, the following information at least 12 hours prior to
the application, except that if a reasonable attempt to provide notice
is unsuccessful, an attempt to notify such person, by telephone, shall
be made immediately prior to the application:
3.
The applicator designated pursuant to paragraph a1(d) above shall
maintain a record of all telephone calls, attempted and completed
with persons requesting information referred to in paragraph a2 and
a5 of this section and a file of related correspondence. Such record
and file shall be made available to the proper enforcement personnel
upon request. The minimum information required to be kept on the call
record shall include:
4.
The customer shall keep a record or file of the notice he provided.
5.
If the application date is changed, renotification must be given
to those persons who have made a request for information pursuant
to paragraph a2 above.
6.
The provisions of this section shall not apply to an additional application
made on the same date in the same location as an application governed
by this section, if the following requirements are satisfied:
(a)
The customer demonstrated to the satisfaction of the Tenafly
Board of Health that he had not hired the applicator more than 48
hours prior to the start of the application governed by this section;
(b)
The customer has personally contacted residents of property
adjacent and contiguous to property on which the application is proposed
and no objections were raised.
7.
A waiver of the minimum amount of prior notice required in paragraphs
a1 and a2 may be granted at the discretion of the local governing
authority.
b.
Prior to performing an outdoor ornamental pest control application
subject to the notification provisions, the commercial pesticide applicator
shall provide the customer with a written statement outlining the
customer's notification responsibilities and the specifics of
the proposed application referred to in paragraphs a1 or a2 above.
c.
The customer may delegate, in writing, his notification responsibilities
to the commercial pesticide applicator; providing the commercial pesticide
applicator agrees, in writing, to assume the notification responsibilities
as delineated in this section.
d.
The commercial pesticide applicator is not responsible for any actions
resulting from the failure of the customer to fulfill his notification
obligations unless the customer has delegated and the commercial pesticide
applicator has assumed the notification responsibilities as stated
in paragraph c above.
e.
The provisions of this section shall not apply to any pesticide application
which is made for the purpose of producing an agricultural commodity
or to any person required to supply advance notification pursuant
to the provisions of N.J.A.C. 7:30-10.9.
f.
The provisions of this section shall not apply where the target site
is greater than 100 feet from the customer's property line.
[Ord. No. 1305 § 11]
a.
No person shall make an outdoor application of a pesticide product
which has information on its label or labeling noting that the product
is toxic to bees unless such person first notifies, at least 36 hours
prior to the application, each apiarist who:
1.
Desires notification;
2.
Maintains an apiary which is located within 1/2 mile of the target
site; and
3.
Has been registered with the New Jersey Department of Environmental
Protection by April 1 of the calendar year in which the applications
subject to the notification requirements of this section will occur.
b.
Notification pursuant to paragraph a above may be given to the apiarist
directly.
c.
The notification must include the following information:
1.
The intended date of the application;
2.
The approximate time of the application;
3.
The brand name and active ingredient of the pesticide to the applied;
4.
The location of the land on which the application is to be made;
and
5.
The name and certified pesticide applicator registration number of
the responsible pesticide applicator.
d.
If the application date is changed so that the application will not
occur on the intended date specified in the original notification
of application but will be conducted during the next consecutive day,
notification must be given to the individual apiarist as soon as reasonably
possible but not later than 10:00 p.m. the night prior to the new
application.
e.
If the owner or operator of an apiary does not choose to move, cover,
or otherwise protect the apiary, the application may be made without
delay; provided that such application complies with the pesticide
labeling and any provisions of the Act or any rules and regulations
promulgated thereunder.
f.
The provisions of this section shall not apply to any person using
a pesticide on an aggregate area less than three acres; provided that
the application is not made with hydraulic spraying equipment operating
at a rate greater than 300 psi and 10 gpm, airblast sprayers, or aerial
equipment.
g.
Any person required to notify apiarists pursuant to the provisions
of this section shall not be responsible for notifying any apiarist
who cannot be notified because:
1.
The New Jersey Department of Environmental Protection failed to provide
information deemed necessary by the Department for such notification
provided the person required to notify the apiarist requested the
information from the Department two weeks prior to the application
date; or
2.
The person required to notify the apiarist was unable to contact
the apiarist, providing at least three attempted telephone contacts
were made between the hours 9:00 a.m. and 10:00 p.m. at least one
of which shall be made after 6:00 p.m.
h.
The provisions of this section shall not apply to any pesticide application
which is made for agricultural purposes, except to the crops within
the dates and/or stage as stated below:
[Ord. No. 1305 § 12; Ord. No. 99-44 § 6]
The Tenafly Police Department Code Enforcement Officer, and the Tenafly Board of Health its officers and employees shall be the enforcing agencies of these provisions. Any person who shall violate any of the provisions of this section shall be subject to suspension of the registration permit to operate in the Borough of Tenafly for the remainder of the calendar year. Any person who shall violate any provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5. A separate offense s shall be deemed committed on each day during or on which a violation occurs continues.
