[Ord. 6 S+FG, 10-4-1989 § 1]
As used in this chapter:
Shall mean any container, carton, box, cup, lid, plate, bowl,
tray or wrapping of any kind, which is or may be used to contain,
package, store, insulate or serve any food and/or beverage, where
any CFC has been used in the manufacturing and production of such
item.
Shall mean the family of substances containing carbon, flourine
and chlorine, and having no hydrogen atoms and no double bonds, and
which includes, without limitation, CFC-11, CFC-12, CFC-113, CFC-114
and CFC-115. Examples of products containing or utilizing chlorofluorocarbons
are "Freon" used in air conditioning and refrigeration units, degreasers
and solvents used in the cleaning of metals and electronic components
and rigid and flexible foam used as packaging material and insulating
material, and flexible foam used in car seats, bedding and furniture.
Shall mean all territory within the corporate limits of the
City of Newark, County of Essex, State of New Jersey.
Shall mean the City Council of the City of Newark.
Shall mean any domestic or foreign corporation, firm, association,
syndicate, joint stock company, partnership of any kind, joint venture,
club, common law trust, society or individual engaged in any profession,
trade, occupation and any and every kind of calling carried on for
profit or otherwise within the City, including any governmental entity
or charitable organization.
Shall mean any fully halogenated carbon compound containing
bromine, chlorine, or fluorine, and includes, without limitation,
Halon-1301, Halon-1211 and Halon-2402.
Shall mean any health care facility licensed either by the
State of New Jersey Department of Health, pursuant to the provisions
of the Health and Safety Code, or by the United States Department
of Health and Human Services.
Shall mean any CFC, Halon, the chemical compounds of methyl
chloroform and carbon tetrachloride or any other chemical compound
hereafter designated by the City Council by amendment to this chapter,
as being an "ozone-depleting compound."
Shall mean and include any natural person, firm, associations,
partnership or corporation, whether acting as a principal agent, employee
or otherwise, and includes any governmental entity or charitable organization.
Shall mean any rigid or flexible foam, such as styrofoam
or thermoplastic foam, building insulation, or any other rigid or
flexible foam that contains within any closed cell any ozone-depleting
compound or that was produced by using an ozone-depleting compound
in any manner during the manufacturing process.
[Ord. 6 S+FG, 10-4-1989 § 2]
a.
Within the City of Newark, no person shall use any ozone-depleting
compound in any process or activity involving the manufacture, production,
cleansing, degreasing or sterilization of any substance or product,
except as otherwise provided in this section.
b.
Within the City of Newark, no establishment shall package any product
with rigid or flexible foam containing or utilizing an ozone-depleting
compound, except as otherwise provided in this section.
c.
Within the City of Newark, no establishment shall purchase, obtain,
store, sell, distribute or otherwise provide to any person any CFC
food packaging material, except as otherwise provided in this section.
d.
Exemptions.
1.
This section shall not apply to the study and/or research of the
effects of the release of ozone-depleting compounds into the environment
and/or the development of alternative technologies, where such compounds
are necessary for conducting such study and research.
2.
This section shall not apply to any ozone-depleting compound used
as a coolant in any refrigeration or air conditioning unit or system.
3.
Paragraph a of this section shall not apply to any licensed health
care facility operated either for profit or not for profit, including
any medical research conducted at such facility.
4.
This section shall not apply to any person manufacturing a product
or component product under contract with any branch of the United
States Armed Forces where applicable military specifications require
the use of an ozone-depleting compound.
[Ord. 6 S+FG, 10-4-1989 § 3]
In the construction of any building or structure (commercial,
industrial, residential or other), no person shall install any building
insulation which contains or utilizes an ozone-depleting compound.
[Ord. 6 S+FG, 10-4-1989 § 4; Ord. 6PSF-F, 6-15-2016]
No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert, renovate or demolish any building or structure
which requires removal of existing insulation that contains an ozone-depleting
compound without recovering and properly disposing of such insulation
in accordance with the procedures adopted by the Director of the Department
of Public Works.
[Ord. 6 S+FG, 10-4-1989 § 5; Ord. 6PSF-F, 6-15-2016]
All establishments that repair, service or maintain any refrigeration
or air conditioning unit or system, shall adopt and implement a recycling
system whereby the ozone-depleting compound used as a coolant in such
refrigeration or air conditioning unit or system will not be released
into the environment, but will be recaptured and recycled in accordance
with a recycling system approved by the Director of the Department
of Public Works. Such approval shall be evidenced by a certificate
issued by the Director, Department of Public Works.
[Ord. 6 S+FG, 10-4-1989 § 6]
No person shall sell any ozone-depleting compound for use as
a coolant in a refrigeration or air conditioning unit or system to
any person who does not possess and provide evidence of a certificate
of possession and operation of a recycling system.
[Ord. 6 S+FG, 10-4-1989 § 7; Ord. 6PSF-F, 6-15-2016]
No recycling firm, scrap yard, business or establishment which
recycles or disposes of any refrigeration or air conditioning unit
or system either in conjunction with the disposal of another product,
or in any other manner, shall do so without first recapturing and
recycling any ozone-depleting compound used as a coolant in the unit
or system, or without first ensuring such coolant will be recaptured
and recycled, in accordance with a recycling program approved by the
Director of the Department of Public Works.
[Ord. 6 S+FG, 10-4-1989 § 8; Ord. 6PSF-F, 6-15-2016]
Other than testing or training as may be required by any statute,
rule or regulation mandating the release of Halon, no person shall
release Halon in the training of personnel or in the testing of any
fire extinguishing system unless the owner or lessee of the premises
has obtained a testing permit from the Director of the Department
of Public Works.
[Ord.6 S+FG, 10-4-1989; Ord. 6PSF-F, 6-15-2016]
All establishments that repair, service or perform maintenance
on any portable fire extinguishing system or unit shall adopt and
implement a reclamation system whereby any Halons used as the extinguishing
agent in any such system or unit shall not be released into the environment,
but shall be recaptured and recycled or properly disposed of in accordance
with a reclamation system approved by the Director of the Department
of Public Works.
[Ord. 6 S+FG, 10-4-1989; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Public Works shall oversee
and be responsible for (i) the enforcement and administration of this
chapter; (ii) establishing rules and regulations governing the recycling
of ozone-depleting compounds from refrigeration and/or air conditioning
units or systems; (iii) providing informational assistance to persons
seeking to implement a recycling program for ozone-depleting compounds
used in air conditioning and refrigeration systems; (iv) creating
and implementing an educational program to provide information to
local establishments, industry and residents regarding the dangers
and hazards associated with products made from or utilizing ozone-depleting
compounds; (v) establishing a program to encourage the development
of alternative chemicals and technologies to replace the use of ozone-depleting
compounds in existing products; (vi) consulting and cooperating with
other local, State and Federal governmental agencies regarding the
regulation of ozone-depleting compounds and other matters affecting
the environment and the health, safety and general welfare of the
public; (vii) coordinating and consulting with other agencies and
departments within the City of Newark to facilitate the administration,
application and enforcement of the provisions of this chapter and
to address any other environmental issues which affect the health,
safety and general welfare of the public; (viii) such other duties
and responsibilities as may be directed. Upon a showing by any person
that no technically feasible alternative for such use of an ozone-depleting
compound is currently available, the Director of the Department of
Public Works, upon finding that there is no technically feasible alternative
for such use, may grant an exemption from any section or subsection
of this chapter. The Director of the Department of Public Works is
authorized to draft regulations and to take any and all actions reasonable
and necessary to enforce this chapter, including, but not limited
to, inspection of any establishment's premises to verify compliance
with this chapter.
[Ord. 6 S+FG, 10-4-1989; Ord. 6PSF-F, 6-15-2016]
The Municipal Council hereby establishes the Science Advisory
Committee for the purpose of assisting and providing information to
the Director of the Department of Public Works concerning the effects
of ozone-depleting compounds and other matters regarding the environment
and the health, safety and general welfare of the public. The Director
of the Department of Public Works shall nominate individuals to serve
as members of the Science Advisory Committee, whereafter such nominees
shall be approved by the Municipal Council. The Director of the Department
of Public Works shall serve as chairperson of the Committee and shall
formulate policies and procedures to govern the operations of the
Committee.
[Ord.6 S+FG, 10-4-1989; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Engineering, all employees
of the Sanitation and Engineering Divisions, as well as the Department
of Water and Sewer Utilities; the Director of the Department of Health
and Community Wellness and all employees of Health and Inspection
Divisions of the Department of Health and Community Wellness; the
Director of the Department of Public Works and all employees so authorized
by the Director of the Department of Public Works; the Director of
the Department of Housing and Economic Development and all employees
so authorized by the Director of the Department of Housing and Economic
Development; all municipal elected officials and all law enforcement
officers and all investigators, Alcoholic Beverage Control of the
Division of Police, the Director of the Department of Public Safety
and all employees so authorized by the Director of the Department
of Public Safety are hereby authorized and empowered to perform as
Law Enforcement Officers solely with respect to the enforcement of
the provisions of this chapter by being empowered to issue summonses
for any violations thereof in accordance with the rules governing
the courts of the State of New Jersey.
[Ord. 6 S+FG, 10-4-1989; Ord. 6 PSF-O, 2-17-2010 § 5]
Any person found guilty of violating any provision of this chapter
shall be punished by a fine not exceeding $1,250. There shall be a
minimum fine of $125 for each violation of the provisions of this
chapter. Each violation and each day a violation is committed or permitted
to continue shall constitute a separate violation and shall be punishable
as such.
