[Ord. 6 S+FG, 10-4-1989 § 1]
As used in this chapter:
CFC FOOD PACKAGING
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.
CHLOROFLUOROCARBONS OR "CFCS"
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.
CITY
Shall mean all territory within the corporate limits of the City of Newark, County of Essex, State of New Jersey.
CITY COUNCIL
Shall mean the City Council of the City of Newark.
ESTABLISHMENT
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.
HALON
Shall mean any fully halogenated carbon compound containing bromine, chlorine, or fluorine, and includes, without limitation, Halon-1301, Halon-1211 and Halon-2402.
LICENSED HEALTH CARE FACILITY
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.
OZONE-DEPLETING COMPOUND
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."
PERSON
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.
RIGID OR FLEXIBLE FOAM CONTAINING OR UTILIZING AN OZONE-DEPLETING COMPOUND
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 § 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 § 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.