[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 4-1-1985
by Ord. No. 5-85 (Ch. 63 of the 1974 Code). Amendments noted
where applicable.]
The groundwater underlying the Borough of Mendham is the sole source
of its existing and future potable water supply. Accidental spills or discharge
of petroleum products, such as gasoline and benzene and other toxic and hazardous
materials, could threaten the quality of such groundwater supplies, posing
potential public health and safety hazards and threatening economic losses
to the community. Unless preventive measures are adopted to prohibit discharge
of toxic and hazardous materials and to control their storage, further spills
or discharge of such materials could predictably occur with greater frequency
and degree of hazard by reason of increased construction, development, population
and traffic. The feasibility of restoring an acceptable quality of groundwater,
once contaminated, to a safe potable condition is highly doubtful, except
over a long period of time and at high cost.
As used in this chapter, the following terms shall have the meanings
indicated:
The accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying or dumping of toxic or hazardous materials upon or into
any land, water or sanitary or storm sewer in the Borough of Mendham. Discharge
includes, without limitation, leakage of such materials from failed or discarded
containers or storage systems and disposal of such materials into any on-site
subsurface waste disposal system, dry well, catch basin or landfill and the
abandonment of containers, tanks or vehicles containing such materials. The
term "discharge," as used and applied herein, does not include the following:
Proper disposal of any material into a sanitary or industrial landfill
which has received and maintained all necessary licensing or legal approvals
for that purpose or to state licensed scavengers of toxic or hazardous materials.
(N.J.S.A. 13:1D-9k; N.J.A.C. 7:26-2.1 et seq.; N.J.A.C. 7:26-3.1)
Application of fertilizers and pesticides in accordance with label recommendation
and state regulations. (N.J.S.A. 13:1F-1 et seq.; N.J.A.C. 7:30-1.1 et seq.)
Application of road salts in conformance with a state or county program
of snow and ice control.
Disposal of sanitary sewage to a subsurface disposal system. (N.J.S.A.
58:11-23 et seq.; N.J.A.C. 7:9-2.1 et seq.)
A container or any portion thereof, installed above and/or below
the surface of the ground, in which hazardous substances are stored, except
that "storage tank" or "tank" shall not include a tank used to store fuel
oil for residential use.
Any substance or mixture having such physical, chemical or infectious
characteristics as to pose, in the judgment of the Board of Health, a significant
or potential hazard to water supplies or human health, if such substances
were discharged to land or waters of this community. Included without limitation
are organic chemicals, petroleum products, solvents, thinners, acids and alkalis
beyond the pH range of 4.0 to 10.0, heavy metals, radioactive or infectious
wastes and wastes generated in such activities as motor vehicle or machinery
service or repair, dry cleaning, laboratory operation, metal plating, finishing
and polishing, pesticide and herbicide application and wood preserving, unless
anyone engaged in such activity can demonstrate the absence of toxicity or
hazard to the satisfaction of the Board of Health.
Any person owning or operating a place of business from which hazardous
substances are dispensed from or stored for sale in a storage tank.
A.
The discharge of toxic or hazardous materials upon or
into the ground or into any surface or ground waters or into any sanitary
or storm sewer systems within the community is prohibited.
B.
Storage of toxic or hazardous materials is prohibited
except in accordance with the standards set forth in this chapter.
C.
Repairing underground storage tanks is prohibited.
A.
All storage tanks and appurtenant lines, fixtures and
other equipment shall be constructed of materials that meet or exceed the
standards contained in and installed in a manner consistent with the State
Uniform Construction Code adopted pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
B.
The owner of any storage tank regulated by this chapter
shall, within 60 days following its effective date, provide the following
information to the Borough Fire Official:
(1)
The owner's name, address and telephone number.
C.
Each vendor shall maintain a daily inventory control
ledger, by product. Such ledger shall reconcile inventories, receipts and
disposals through metered devices and shall, on a cumulative basis, indicate
aggregate gains and/or losses. The vendor shall make such ledger available
for inspection during normal business hours, upon proper identification, to
the Borough Fire Official or Borough Health Officer.
D.
If at any time the daily inventory maintained by the
vendor discloses an unaccountable loss of volume from the underground storage
tank, the vendor shall, upon discovery thereof, notify the Borough Fire Official
and Borough Health Officer of the occurrence.
E.
Upon notification by a vendor of an inventory discrepancy,
the Borough Fire Official shall promptly conduct an inspection to determine
if the disclosed loss of volume represents a leak of the hazardous substances
contained in the underground storage tank into the ground or groundwaters,
and the Borough Health Officer shall prepare an analysis of the potential
threat to public health and safety and to the groundwater resources of the
area proximate to the tank.
F.
Upon finding that the loss of volume represents a leak
of hazardous substances, the Borough Fire Official and Borough Health Officer
shall take or require the owner of the tank to take all appropriate actions
necessary to mitigate the adverse effects of the leak and shall notify or
require the owner to notify the New Jersey Department of Environmental Protection.
Costs for those actions shall be borne by the owner of the tanks.
A.
Each vendor shall cause a test, by a device known as
the "Petro-tite Tank System Tightness Tester (TSTT)" and/or the "Leak Lokator
LD-2000," to be conducted by a qualified expert on each tank and appurtenant
lines in use according to the following schedule: within six months following
the effective date of this chapter, and thereafter, at least once every two
years. As an exception to the foregoing schedule, any new facility installed
after adoption of this chapter shall be tested upon installation, then during
the fifth and 10th year following installation and thereafter at least once
every two years. This exception shall not apply, however, unless the new facility
meets all of the following conditions:
B.
The results of each test shall be certified by the testing
agency and submitted immediately by the vendor to the Borough Fire Official
and the Borough Health Officer.
[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007
by Ord. No. 3-07]
Any person violating or failing to comply with any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code, in the discretion of the Judge.
Nothing in this chapter shall be construed to repeal or supplant anything contained in Chapter 106, Fire Prevention, of this Code.
