As used in this chapter, the following terms
shall have the meanings indicated:
GENETICALLY ENGINEERED MICROORGANISM
A living microorganism, including but not limited to bacteria
and viruses, whose genes have been artificially altered for scientific
or commercial purposes.
OUTDOOR ENVIRONMENT
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.
PERSON
In addition to the usual meanings, all political subdivisions
of this state or any agencies or instrumentalities thereof.
SITE
The location within the boundaries of the Township of Howell
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 Howell
as part of any field test, experiment, or research project without
first having obtained a license 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 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 municipal tax map by lot and
block;
C. The name and address of the corporate surety and the identifying number of the bond required pursuant to §
164-9 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 genetically
engineered microorganisms;
F. A plan for restoration of the land surface disturbed
by operations incidental 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 be dispersed or transported to a new
or unintended site;
(5) A determination as to whether or not the release of
the genetically engineered microorganism will pose any threat to the
public health, safety or welfare; and
(6) 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 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 Howell liability
insurance coverage in an amount no less than $5,000,000 for bodily
injury and $1,000,000 dollars for property damage, to pay claims arising
out of the release of genetically engineered microorganisms;
I. A sworn statement that all requirements of the federal
and state governments over 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 or 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; and
L. A plan for notification of the Township and general
public as to the activity taking place on the subject property.
A license required by §
164-3 of this chapter shall be issued only upon the adoption of a positive resolution by the Township Council and the Township Environmental Commission that the authorized activities will not result in:
A. Any threat to the public's health, safety and welfare;
and
B. Any adverse consequences to the environment.
Each application for the license required by §
164-3 of this chapter or renewal thereof shall be accompanied by a fee as set forth in Chapter
139, Fees, which shall reflect the costs of reviewing and processing the application and monitoring permitted activities.
The term of the license issued under this chapter
shall be for one year from the date of issuance.
As a precondition to the issuance of a license under §
164-3 of this chapter, the applicant shall execute and file with the Township Council a surety bond guaranteeing compliance with all provisions of this chapter and all provisions and conditions of the license. The bond shall be in an amount established by resolution of the Township Council. The surety bond required by this subsection shall be executed by a surety company authorized to do business in the state. The Township Council 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 ordinance, with a certified copy of the power of attorney attached thereto. The Township Council shall not approve a bond unless there is attached a certificate of the Commissioner of Insurance that the company is authorized to transact a fidelity and surety business in this state. All bonds shall run to the governing body as obligee. Each bond shall assure compliance with this chapter and shall remain in full force and effect through one year after the activity regulated by this chapter is concluded and shall only be released with the approval of the Township Council and the Township Environmental Commission.
A holder of a license issued under §
164-3 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 Township Council.
If the Township Council requires more information
from the person during the one-year period, the proposed release date
may be postponed by order of the Township Council, as necessary, pending
further action or investigation of the Township Council. A person
shall not release any genetically engineered microorganism into the
outdoor environment of this Township if the release is not approved
by the Township Council.
A person who violates this chapter is liable
to a fine of up to $1,000 or imprisonment for a term not to exceed
90 days, or both. If the violation is of a continuing nature, each
day during which it continues constitutes an additional, separate
and distinct offense.