[HISTORY: Adopted by the Township Committee
of the Township of Sandyston 1-5-1989 by Ord. No. 11-88. Amendments noted where applicable.]
There is hereby established a procedure for
reviewing proposed release of genetically engineered microorganisms
into the outdoor environment.
As used in this chapter, the following terms
shall have the meanings indicated:
A living microorganism, including but not limited to bacteria
and viruses, whose genes have been artificially altered.
The Township Committee of the Township of Sandyston.
Any area outside of the confines of a laboratory or other
closed and secured building or structure, including but not limited
to forests, fields, streams, rivers, lakes or other bodies of water
and the atmosphere.
An individual, partnership, corporation and all similar entities,
as well as all political subdivisions of this state or any agencies
or instrumentalities thereof.
The location within the boundaries of the Township of Sandyston
on which a person proposes to release a genetically engineered microorganism.
No person shall release any genetically engineered
microorganisms into the outdoor environment of the Township of Sandyston
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 § 81-9 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 ensuring the health, safety and welfare
of the public, including cleanup 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.
(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 Sandyston, liability insurance coverage in an amount not less than
$5,000,000 for bodily injury and $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.
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 § 81-3 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:
Each application for the permit required by § 81-3 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 name, 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.
A.
Prior to the approval of any permit or amended permit,
the applicant shall provide timely and informative notice of the permit
application to the public by publication in a local newspaper at least
10 days prior to the hearing. The notice shall provide the name and
address of the applicant, the location and date of the public hearing
and shall state that a permit application has been filed with the
Township Clerk. The public shall be afforded the opportunity to review
the permit application filed with the Township Clerk during regular
business hours. Any public comment submitted to the governing body
shall be made part of the record and considered by the governing body
in determining whether to approve the permit. The governing body shall
hold a public hearing on a permit application before adopting the
resolution approving said permit.
B.
Notice of the public hearing pursuant to Subsection A of this section shall be given to the owners of all real property, as shown on the current Township Tax Map, located within 200 feet in all directions of the site. Notice shall be given by the person proposing to release the genetically engineered microorganism, who shall mail a copy of the public hearing notice by certified mail to the property owner at his address as shown on the current Township tax records at least 10 days prior to the hearing.
As a precondition to the issuance of a permit under § 81-3 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 § 81-3 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 § 81-3 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.
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.
B.
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.
