[HISTORY: Adopted by the Township Council of the Township of Old
Bridge 11-14-1983 by Ord. No. 23-83 (Ch.
XVII of the 1973 Revised General Ordinances). Amendments noted where applicable.]
The designated best use of all groundwaters in the Township of Old Bridge
is for public and private water supply. Surface waters are needed for recreational
use and water supply. Therefore, it is hereby declared to be the policy of
the Township of Old Bridge to maintain its water resources as near to their
natural condition of purity as reasonably possible for the safeguarding of
the public health and, to that end, to require the use of all available practical
methods of preventing and controlling water pollution from toxic and hazardous
materials.
It is the intent and purpose of this chapter to safeguard the water
resources of the Township of Old Bridge from toxic or hazardous materials
pollution by controlling or abating pollution from such sources in existence
when this chapter is enacted and also by preventing further pollution from
new sources under a program which is consistent with the above-stated declaration
of policy.
Whenever used in this chapter, unless otherwise expressly stated or
unless the context or subject matter requires a different meaning, the following
terms shall have the respective meanings set forth or indicated:
When referring to tanks, means 100% exposed above the final ground
elevation.
The loose or bagged storage of dry or semidry materials.
To release by any means or to relinquish control in a manner that
could result in a release to the surface waters, groundwaters, surface of
the ground or below ground. "Discharge" includes but is not necessarily limited
to the following, either singly or in any combination:
Leaks from the failure of a storage facility.
Spills during transport or transfer of toxic or hazardous materials.
Disposal or storage of soils, dredge spoils, sand or debris containing
toxic or hazardous materials.
Disposal to storm drains, cooling water, roof drains, sanitary systems
or any other drainage system or leaching system of toxic or hazardous materials.
Burial, land-spreading or dumping anywhere of toxic or hazardous materials,
including but not limited to landfill and scavenger facilities, notwithstanding
that the material so buried, spread or dumped was containerized at the time
of said burial, spreading or dumping.
Passing of toxic or hazardous waste materials to any person.
Abandonment of containers, tanks, pipes, vehicles or premises containing
toxic or hazardous materials or residues. For the purpose of this subsection,
"abandonment" shall mean:
Unattended; or
The relinquishment or termination of possession, ownership or control
without full disclosure to the new owner thereof of containers, tanks, pipes,
vehicles or premises containing toxic or hazardous materials or residues,
whether by vacating or by disposition thereof, and shall not depend on a mere
lapse of time.
Constructed with more than one containment layer, with space between
the layers sufficient to allow monitoring of any leakage into or out of the
space.
The official responsible for Health Code Enforcement for the Township
of Old Bridge.
A layer of natural and/or man-made material of sufficient thickness,
density and composition as to prevent the discharge into the underlying groundwater
or adjacent surface waters of any toxic or hazardous substances for a period
of at least as long as the maximum anticipated time during which the toxic
or hazardous substances will be in contact with the material and sufficient
to allow complete recovery of the spilled product with minimum disturbance
of the containment material.
Standards of quality and purity and special standards and groundwater
quality standards and effluent standards and/or limitations as established
by the State of New Jersey pursuant to the New Jersey Water Pollution Control
Act (P.L. 1977, c. 74)[1] and related codes, rules and regulations.
The presence in the environment of conditions and/or contaminants
in quantities or of such characteristics, which are or may be injurious to
human, plant or animal life or to property, or which unreasonably interfere
with the use of resources and the comfortable enjoyment of life and property
throughout such areas of the Township that shall be affected thereby.
Impervious to the material which is or could be contained therein
so as to prevent the detectable seepage of the product through the container.
To be product-tight, the container shall be made of a material that is not
subject to physical or chemical deterioration by the product being contained.
A person in the business of collecting industrial wastes who carries
a current, valid industrial waste collector registration issued by the State
of New Jersey.
Constructed with walls made of one continuous thickness of material.
Laminated, coated or clad materials shall be considered as "single-walled."
Tanks, pipes, vaults, buildings, yards, pavements or fixed containers
used or designed to be used, either singly or in any combination thereof,
for the storage and/or transmission of toxic or hazardous materials or for
the storage of portable containers containing toxic or hazardous materials.
The construction of any additions to an existing storage facility
as defined under the definition of "storage facility," or restoration, refurbishment
or renovation which:
Any substance, solution or mixture which, because of its quality,
quantity, concentration, physical, chemical or infectious characteristics
or any combination of the foregoing, presents or may present an actual or
potential hazard to human health or to the drinking water supply, soil or
atmosphere or otherwise damage the environment. "Toxic and hazardous materials"
shall include but not necessarily be limited to:
Each and every substance, material or waste found listed in either or
both Part 116 and Part 261 of Title 40 of the Code of Federal Regulations;
or New Jersey codes, rules and regulations.
Acids and alkalies below the pH range of three and above 11.
Petroleum products, including fuels and waste oils.
Toxic or hazardous materials, as defined in the definition of "toxic
or hazardous material" above, generated by or as the result of operations
in or the existence of any manufacturing or other industrial or commercial
establishment, which toxic or hazardous materials are not actually used in
a final product for sale, and shall include those toxic or hazardous materials
retained as by-products of the operations within such manufacturing or other
industrial or commercial establishment for the purpose of recouping salvage
value; or toxic or hazardous materials generated and/or used within any residential
premises, for which special disposal is intended, and which waste is not considered
domestic wastewater acceptable for disposal to the waste water treatment facility
serving the residential premises.
All "toxic and hazardous wastes" are toxic and hazardous materials.
When referring to tanks, when any portion is below the final ground
elevation.
[1]
Editor's Note: See N.J.S.A. 58:10A-1 et seq.
A.
The Health Officer may make, or cause to be, in the Township
of Old Bridge, an investigation which, in his opinion, is desirable for enforcing
this chapter in controlling or reducing the potential for contamination of
the waters of the Township of Old Bridge from toxic or hazardous materials.
B.
The Health Officer may order the owner or any other person
in possession or control of any land, structure or equipment, or the agent
of such owner or other person, to take whatever action is necessary, in the
opinion of the Health Officer, to bring said land, structure or equipment
into compliance with the provisions of this chapter and any standards or regulations
promulgated thereunder. Such action may include but is not necessarily limited
to the following, either singly or in any combination thereof:
(1)
Ordering tank testing or the testing of the physical
integrity of pipes or any other part of a storage facility or ordering the
physical testing of the integrity of an entire storage facility.
(2)
Ordering the removal of the contents of a tank, portable
container, storage facility or any part thereof.
(3)
Ordering the removal or abandonment or reconstruction
of any installation, tank, storage facility or any part thereof installed
in contravention of any of the requirements of this chapter or any standards
or regulations promulgated thereunder.
(4)
Ordering that physical improvements be performed on any
tank, storage facility or part thereof before permitting it to be returned
to service, including such improvements as tank-lining removal and replacement
and bottom and structural repairs.
(5)
Ordering the drafting of and/or implementation of emergency
contingency plans if there is evidence that such plans may be necessary to
protect the public from toxic or hazardous materials stored at any particular
facility.
(6)
Ordering the posting of a performance bond in a sufficient
amount to guarantee that toxic or hazardous materials will not be abandoned
or stored in a matter violative of this chapter prior to construction, expansion
or operation of a storage facility within the Township of Old Bridge to protect
the public from the effects of operating such a facility. The amount of this
bond shall be reviewed from time to time and increased or reduced in accordance
with current usage of the facility.
A.
It shall be unlawful for any person or entity to discharge
toxic or hazardous materials in the Township of Old Bridge unless such discharge
is specifically in accordance with a New Jersey Pollutant Discharge Elimination
System (NJPDES) permit or other permit issued by or acceptable to the Health
Officer for that purpose.
B.
It shall be unlawful for any person or entity to pick
up, transport or dispose of toxic or hazardous waste materials in the Township
of Old Bridge without having a valid and appropriate New Jersey State industrial
waste collector registration and valid waste disposal manifest.
C.
It shall be unlawful for any industrial waste collector
with a registration issued by the New Jersey State Department of Environmental
Protection to fail to maintain a copy thereof on each vehicle operated by
said collector at all times.
A.
It shall be unlawful for any person or entity to construct,
install or substantially modify a storage facility, or part thereof, without
a valid permit therefor issued by or acceptable to the Health Officer.
B.
It shall be unlawful for any person or entity in possession
of or acting pursuant to a permit issued under this section to act, allow
or cause any act in contravention of any provision of the permit.
C.
Any permit issued pursuant to this section shall be effective
for the specified duration of time indicated thereon, not to exceed one year
from the effective date thereof.
A.
It shall be unlawful for any person or entity to use,
cause to be used, maintain or fill or cause to be filled with toxic or hazardous
materials any storage facility or part thereof without having registered all
the tanks at the facility on forms provided by the Health Officer and without
having obtained a valid permit to operate such storage facility or part thereof
issued by or acceptable to the Health Officer.
B.
It shall be unlawful for any person or entity in possession
of or acting pursuant to a permit issued pursuant to this section to act,
permit or cause any act in contravention of any provision of the permit.
C.
No permit to operate a storage facility as required pursuant
to this section shall be issued by the Health Officer or shall be satisfactory
to the Health Officer unless and until the prospective permittee:
(1)
Has provided a listing to the Health Officer of all of
the toxic or hazardous materials to be stored at the storage facility; and
(2)
Has demonstrated that said storage facility complies
with all of the provisions of this chapter and all regulations and standards
promulgated pursuant to it applicable to said storage facility, based upon
submission of such written proof as is required by the Health Officer.
D.
Any permit issued pursuant to this section shall be effective
only for the specified duration of time indicated thereon, not to exceed five
years from the effective date thereof.
A.
All storage facilities which meet all of the following criteria shall be exempt from all provisions of this chapter except those contained in § 221-3, Definitions; § 221-4, Powers of Health Officer; § 221-5, Prohibited discharges; transport and disposal; copy of registration required; § 221-8, Exemptions; § 221-10A, New storage facilities; § 221-10E, General provisions and requirements; § 221-10G, Overfill protection; § 221-11A(4), on overfill detection; § 221-11D(1) and (2), Leaks; repairs; § 221-13B(1) and (4), Transfer operations; and § 221-20, Waivers:
(1)
The materials so stored are not toxic or hazardous waste
substances;
(2)
The volume of the storage facility is less than 1,100
gallons;
(3)
The facility is intended solely for the storage of kerosene,
Number 2 fuel oil, Number 4 fuel oil, Number 6 fuel oil, diesel oil or lubricating
oil;
(4)
The intended use of the product stored is solely for
on-site heating or intermittent stationary power production, such as stand-by
electricity generation or irrigation pump power; and
(5)
The materials stored are not intended for resale.
B.
All storage facilities no longer receiving the benefit
of any exemption but which were previously exempted from any or all provisions
of this chapter shall be required to appropriately conform to all of the provisions
of this chapter and all regulations and standards promulgated pursuant thereto
by one year after loss of the exemption.
C.
Tanks for the storage of Number 6 fuel oil or other petroleum
products of equivalent viscosity are exempt from the internal inspection and
tank-lining requirements. Further, storage facilities for these products are
exempted from the impervious-dike and enclosure-around-the-tank requirements
if, upon the determination of the Health Officer with consultation with the
Municipal Engineer, the location of the facility is so situated that a spill
could not run off into storm drains or surface waters or contaminate aquifers
used for groundwater recharge or watershed areas part of a public water supply.
It shall be unlawful for any person to transfer a permit issued pursuant to §§ 221-6 and 221-7 of this chapter from one location to another, from one storage facility to another or from one person to another. Any permit transferred in violation of this section shall be deemed null and void and without any effect whatsoever as of the date of said unlawful transfer. However, upon making proper application, a new owner of a facility which was previously operating under a valid permit may continue operation under the terms of the old permit until such time as the new permit is issued or denied.
A.
New storage facilities.
(1)
All new storage facilities shall be limited for use to
those chemicals with a specific gravity of less than one and which are only
slightly soluble in water, such as oils and gasoline. For those floatable
materials, acceptable designs for tank construction include cathodically protected
steel; glass-fiber-reinforced plastic; steel-clad-with-glass-fiber-reinforced
plastic; double-walled steel or plastic; or other equivalent design approved
by the Health Officer, Construction Official and Township Engineer.
(2)
Approval of design by the Health Officer, Construction
Official and Township Engineer is required before installation, and the determination
of equivalency or adequacy lies with the Health Officer, Construction Official
and Township Engineer.
(3)
Design, construction, fabrication and installation of
new underground storage facilities shall be in accordance with regulations
and standards as they may be adopted by the Health Officer, Construction Official
and Township Engineer under this chapter from time to time.
(4)
A new storage facility for all facilities not previously covered by this section is one for which construction actually begins on or after the date of effectiveness of this chapter, subject, however, to the exemptions contained in § 221-8A.
(5)
It shall be unlawful for any person to sell for use in the Township of Old Bridge, install, use, put into service or maintain the existence of any new underground storage facility or part thereof after the date of effectiveness of this chapter if said new storage facility or part thereof fails to conform to all of the provisions of Subsection A(1), (2) and (3) above and all regulations and standards promulgated thereunder; subject, however, to the exemptions contained in § 221-8A.
B.
Existing storage facilities.
(1)
Any existing underground storage facility is one that
exists, in whole or in part, below the surface of the ground or for which
construction actually begins prior to the date of effectiveness of this chapter.
(2)
It shall be unlawful for any person to substantially modify or cause the substantial modification of any existing underground storage facility or part thereof without complying with the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(3)
It shall be unlawful to use or maintain the existence of any existing underground storage facility beyond January 1, 1997, which is intended for use with toxic or hazardous materials with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
(4)
It shall be unlawful to use or maintain the existence of any existing underground storage facility beyond January 1, 1989, which is intended for use with any toxic or hazardous materials other than those with a specific gravity of less than one and which are only slightly soluble in water, such as oils and gasoline, without modifying said storage facility so as to comply with all of the provisions of Subsection A above and all regulations and standards promulgated thereunder.
C.
Abandonment.
(1)
ABANDONED STORAGE FACILITY OR PART THEREOF
DISCOVERY
OUT OF SERVICE
Definitions. For the purposes of this section, the following
terms shall have the meanings indicated:
One which has remained out of service for two years or more or which
has been declared by the owner to be abandoned.
Either actual discovery or knowledge of the existence of the abandoned
storage facility or part thereof or possession of sufficient knowledge of
the facts and circumstances involved so that the existence of the abandoned
storage facility or part thereof should have been discovered or known of.
Substantially empty, meaning 5% or less filled; or not in use, meaning
no regular filling or drawing; or not being maintained, meaning lacking adherence
to the requirements of this chapter; or uncontrolled, meaning not attended
or secured; or any combination thereof.
(2)
Unlawful acts.
(a)
It shall be unlawful for any person to use or maintain
the existence of an abandoned underground storage facility or part thereof.
(b)
It shall be unlawful for anyone to sell or transfer to
another an improperly abandoned underground storage facility or land containing
an improperly abandoned underground storage facility if there exists any reasonable
evidence of the existence of such a facility, unless the purchasing party
has been made fully aware of the presence of such facility or evidence.
(c)
It shall be unlawful for any person to repair, alter
or prepare for use any abandoned storage facility without first obtaining
a permit to construct from the Department of Community Development with review
by the Health Officer.[1]
(d)
It shall be unlawful for the owner or other person in
possession of any real property, building or place or vehicle used for the
storage or handling of toxic materials to abandon a storage facility. All
such storage facilities shall be decommissioned in accordance with a plan
approved by Department of Community Development and Health Officer. Abandoned
facilities shall be decommissioned and secured within a reasonable period
of time as determined by the Health Officer. All hazardous materials shall
be stored or disposed of in environmentally safe manner in accordance with
Department of Environmental Protection and Environmental Protection Agency
regulations.[2]
D.
Testing and inspection.
(1)
All existing underground storage facilities or parts thereof which do not meet the construction standards in Subsection A above must be tested and inspected in accordance with the schedule set forth below. It shall be unlawful for any existing underground storage facility owner, operator or lessee to fail to test his tanks and file an acceptable certificate of test completion with the Health Officer in accordance with the following schedule:
|
Testing Schedule (X) for Existing Underground Tanks
| |||||
|---|---|---|---|---|---|
|
Age of System by 1983
| |||||
|
Year
|
1-4
|
5-9
|
10-14
|
15-19
|
20 or More
|
|
1
|
Year of effectiveness of this chapter
| ||||
|
2
|
X
| ||||
|
3
|
X
| ||||
|
4
|
X
|
X
| |||
|
5
|
X
| ||||
|
6
|
X
|
X
|
X
| ||
|
7
|
X
| ||||
|
8
|
X
|
X
| |||
|
9
|
X
| ||||
|
10
|
X
|
X
|
X
|
X
| |
|
11
| |||||
|
12
|
X
|
X
|
X
| ||
|
13
|
X
| ||||
|
14
|
X
|
X
|
X
| ||
|
15
|
X
|
X
| |||
|
16
|
Full compliance for all facilities
| ||||
(2)
If for any reason specified testing cannot be satisfactorily performed, the tank must be removed from service or brought up to the standards of Subsection A by the first scheduled test date.
(3)
The final test of the National Fire Protection Association (NFPA), Recommended Practice No. 329 or other test of equivalent or superior accuracy as approved by the Health Officer must be used to comply with the testing and inspection requirements of Subsection D(1).
(4)
Testing shall be done by qualified personnel, and the results of the testing shall be filed within 30 days after completion of the storage facility. No certificate of test completion shall be acceptable to the Health Officer to indicate satisfactory compliance with the testing requirements of this subsection if the qualifications of the tester have not been accepted by the Health Officer prior to the test. No certificate of test completion shall be acceptable to the Health Officer if the test and inspection were not performed in accordance with Subsection D(3) of this section and in accordance with any regulations and standards which may be promulgated pursuant thereto.
(5)
The certificate of test completion shall be filed on
a form provided by the Health Officer, and a copy of such form, completed,
shall be kept by the storage facility owner, operator or lessee and by the
tester for a period of not less than five years from the date of its issuance.
(6)
Certificates of test completion shall contain a legally authorized form notice to the effect that false statements made knowingly therein are punishable pursuant to § 221-25 of this chapter.
(7)
A certificate of test completion not properly completed
and/or not subscribed by the tester shall not be acceptable to the Health
Officer.
E.
General provisions and requirements.
(1)
It shall be unlawful to cause or permit a leaking underground
storage facility or part thereof to remain in service or to continue to retain
its toxic or hazardous contents after the owner, operator or lessee of said
storage facility or part thereof knows or should have known of the existence
of the leak therein.
(2)
It shall be unlawful for any person to repair or to permit
the repair, in place, of any underground storage facility or part thereof
which has leaked or has otherwise failed, for the purpose of reusing said
storage facility, unless:
(a)
Such repair will result in the storage facility or part thereof complying with the requirements of Subsection A above and all regulations and standards promulgated thereunder;
(b)
Such repair occurs pursuant to plans therefor previously
submitted to and approved by the Health Officer; and
(c)
Repaired tanks shall be tested in accordance with cited
procedures prior to returning to service.
F.
Monitoring and leak detection.
(1)
All underground storage facilities or parts thereof must
be equipped with means of calculating product delivery and consumption. Accurate
records must be kept of all deliveries and consumption, and the figures reconciled
weekly in an approved manner unless a less frequent or more frequent schedule
is allowed by the Health Officer.
(2)
All underground storage facilities or parts thereof must
be provided with a means of monitoring frequently and accurately for any leakage
and spillage that might occur. All leak-detection systems and tanks shall
be monitored by the facility operator at least on a weekly basis, and the
results recorded and kept with the product records. All leak-detection systems
shall be approved by the Health Officer, Construction Official or Township
Engineer. The leak-detection system shall be periodically inspected to ensure
that it is functioning properly. Permanent records of all monitoring shall
be kept for a period of five years.
(3)
It shall be unlawful for the owner or other person in
possession or control of a storage facility or part thereof to fail to comply
with any of the requirements of this subsection and of any regulations and
standards promulgated pursuant thereto.
G.
Overfill protection.
(1)
A means of overfill protection shall be provided for
all new underground storage facilities or parts thereof and for all replacement
underground storage facilities or parts thereof. Overfill protection shall
consist of either an overfill-prevention device or a product-tight containment
capable of intercepting and preventing the release to the ground or groundwater
of an overfill spill.
(2)
It shall be unlawful for the owner, operator or lessee
to fail to provide satisfactory overfill protection for any new underground
storage facility or part thereof in accordance with the provisions of this
subsection and any regulations and standards promulgated pursuant thereto.
H.
Removal from service.
(1)
It shall be unlawful for the owner or any other person
in possession or control of an underground storage facility or part thereof
to remove it from service unless:
(a)
Said storage facility or part thereof is declared abandoned,
emptied immediately and removed within 90 days of so declaring and is disposed
of after first rendering it vapor free and by sufficiently perforating it
so as to render it unfit for further use; or nonhazardous for resale;
(b)
Said storage facility or part thereof is declared abandoned, emptied immediately and removed within 90 days for reuse for the storage of toxic or hazardous materials after having met all of the requirements of Subsection A and all regulations and standards promulgated pursuant thereto;
(c)
Said storage facility or part thereof is declared abandoned,
emptied immediately and removed within 90 days for the storage of other than
toxic and hazardous materials in which case the facility shall be emptied,
cleaned of all residue and made safe and vapor free;
(d)
Said storage facility is declared temporarily out of service and maintained in accordance with Subsection H(3) of this section;
(e)
Said storage facility or part thereof is declared abandoned,
emptied immediately and made inert by completely filling with sand or concrete
within 90 days; or
(2)
Any declaration of facility abandonment or of taking
a facility temporarily out of or returning a facility to service must be made
to the Health Officer in writing.
(3)
It shall be unlawful for the owner or any other person in possession or control of any underground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within two years of the placement of it temporarily out of service, and it is returned to active service within said two years, it is emptied of its contents immediately, and the fill line, gauge opening and pump suction are capped and secured against tampering, and the vent line is left open and the facility is otherwise maintained. No facility in a temporarily out of service condition shall be returned to use prior to notification to the Health Officer and prior to the successful completion of any tightness testing due under Subsection D.
(4)
It shall be unlawful for anyone to place toxic or hazardous
materials in a facility which is temporarily out of service.
(5)
All toxic and hazardous materials shall be removed, transported
or disposed of in an environmentally safe manner and in accordance with all
rules and regulations of the Department of Environmental Protection and the
Environmental Protection Agency.
A.
New storage facilities.
(1)
For the purpose of this section, a new aboveground storage
facility shall be one for which construction actually begins on or after December
9, 1983.
(2)
It shall be unlawful to fabricate, construct, install
or use or maintain any new aboveground storage facility or part thereof in
a manner which will allow the discharge of a toxic or hazardous material to
the ground, groundwaters or surface waters of the Township of Old Bridge.
(3)
It shall be unlawful to fabricate, construct, install,
use or maintain any new aboveground storage facility or part thereof without
having constructed around and under it an impervious containment and dike
enclosing the storage facility or part thereof, conforming to the following
requirements:
(a)
The volume of the diked area shall be at least 110% of
the volume of the largest tank contained therein, excluding the volume below
the dike level occupied by other tanks. Additional volume up to 10% of the
total volume of all other tanks or vessels contained in the diked area may
be required if the configuration, arrangement and spacing of the tanks and
dikes do not meet National Fire Protection Association standards.
(b)
The dikes and the entire area enclosed by the dikes,
including the area under the tanks, shall be made impervious to the types
of products expected to be stored in the tanks. A tank cannot be switched
from one product to another unless the barrier is impervious to the new material
stored.
(c)
Drainage of precipitation from within the diked area
shall be controlled in a manner that will prevent any toxic or hazardous material
from entering the ground, groundwaters or surface waters of the Township of
Old Bridge.
(4)
It shall be unlawful to construct, fabricate, install,
use or maintain any new aboveground storage facility without providing a positive
means of detecting an overfilling condition therein before any spillage can
occur, which detection system shall include, but shall not necessarily be
limited to, both visual and audible alarms at a point on the storage facility
most frequently manned. The overflow point must be clearly visible to the
operator filling the facility or the operator at the receiving facility where
possible. If not possible, adequate means must be provided to immediately
detect an overflow.
(5)
It shall be unlawful to fabricate, construct, install,
use or maintain any new aboveground storage facility or part thereof without
conforming to all regulations and standards promulgated pursuant to this section,
related to such new storage facilities.
(6)
It shall be unlawful to fabricate, construct, install,
use or maintain any new aboveground storage facility sitting on the ground
and making contact therewith or partially buried in the ground and making
contact therewith, or part thereof, unless and until the exterior surface
of the areas in contact with the ground are cathodically protected in conformance
with a design approved by the Construction Official.
B.
Existing storage facilities.
(1)
An existing aboveground storage facility is one for which
construction actually begins prior to December 9, 1983.
(2)
Commencing January 1, 1992, it shall be unlawful for any person to use, maintain or fill with toxic or hazardous materials any existing aboveground storage facility or part thereof without conforming to all of the requirements of Subsection A above and all regulations and standards promulgated pursuant thereto, with one exception. It will not be required to place an impervious barrier directly beneath an existing tank that is sitting on or partially in the ground and is too large to be moved. In this case, the interior bottom of the tank shall be coated with a glass-fiber-reinforced-epoxy coating or approved equivalent. In achieving the above compliance, the following schedule shall be adhered to:
(a)
By January 1, 1986, all interior coating of facilities
shall be completed.
(b)
By January 1, 1986, all facilities shall be protected
against overfill.
(c)
By January 1, 1988, installation of cathodic protection
shall be completed on all facilities in contact with the ground which were
built prior to 1968.
(d)
By January 1, 1989, installation of cathodic protection
shall be completed on all facilities in contact with the ground which were
built between 1968 and 1973.
(e)
By January 1, 1990, installation of cathodic protection
shall be completed on all facilities in contact with the ground which were
built between 1973 and 1978.
(3)
It shall be unlawful for any person to use, maintain
or fill with toxic or hazardous materials an existing aboveground storage
facility or part thereof without complying with the following inspection schedule
and all regulations and standards promulgated thereto and without submitting
to the Health Officer a statement of proof of inspection:
(a)
Any owner or other person in possession or control of
an aboveground storage facility or part thereof shall have said tanks and
vessels inspected and shall file a proof of inspection with the Health Officer
by January 1, 1986. Where interior coating has not yet been applied, such
inspection will be performed before coating.
(b)
For the purpose of this section, "inspection" means the
inspection of all aboveground tanks and other vessels for the storage of toxic
or hazardous materials constituting an aboveground storage facility or part
thereof.
(c)
An inspection of an existing aboveground storage facility
of greater than ten-thousand-gallon capacity or part thereof as required by
this subsection shall be performed in accordance with a written protocol submitted
to and approved by the Health Officer by an authorized tank inspection firm
or person or by a professional engineer licensed to practice professional
engineering in the State of New Jersey, and it shall be performed in compliance
with any regulations and standards promulgated pursuant to this section relating
to such inspections.
(d)
Aboveground storage facilities or parts thereof sitting
on the ground and in contact therewith or partially buried in the ground and
in contact therewith shall be emptied and cleaned to facilitate inspection
of portions thereof not accessible from the outside.
(e)
Proofs of inspection must be filed with the Health Officer on a form provided by the Health Officer or one acceptably equivalent thereto, within 30 days of each inspection and before the tank is refilled, and a copy of such form shall be kept and maintained by both the owner or other person in possession or control of the aboveground storage facility or part thereof and the inspector for a period of not less than five years from the date of the inspection. The proof of inspection form shall be subscribed by both the owner or other person in possession or control of the aboveground storage facility inspected and the inspector. This proof of inspection form shall contain a legally authorized form notice to the effect that false statements made knowingly therein are punishable pursuant to § 221-25 of this chapter.
C.
General provisions.
(1)
It shall be unlawful for any person to abandon an aboveground
storage facility or part thereof without first cleaning out all residue, venting
it until dry and safe and leaving all of the hatches open or with all connections
severed and valves blank flanged. For the purpose of this subsection, an "abandoned
aboveground storage facility or part thereof" means one that has remained
substantially empty and unattended for one year or more without being declared
temporarily out of service or has been temporarily out of service for two
years or more.
(2)
It shall be unlawful for the owner or other person in
possession or control of an aboveground storage facility or part thereof to
remove it from service unless:
(a)
Said storage facility or part thereof is disposed of
as junk by first rendering it vapor free and by sufficiently perforating it
so as to render it unfit for further use and demolishing it and removing it
from the site; or
(b)
Said storage facility or part thereof is demolished for
sale or use elsewhere, in which case it must be first cleaned and made vapor
free to be safe in transit; and such reuse shall be in accordance with all
pertinent portions of this chapter if relocation is to be within the Township
of Old Bridge.
(c)
Said storage facility is declared abandoned; or
(d)
Said storage facility is declared temporary out of service;
and
(e)
The Health Officer has been notified of the intended
status of removal from service.
(3)
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to render it temporarily out of service unless said storage facility or part thereof is planned to be returned to active service within two years of its placement temporarily out of service, and it is returned to active service within said two years pursuant to the provisions of Subsections C(6) and (7) following, and it is drained of all liquid, and the fill line, gauge opening and discharge line are capped and blind flanged and secured against tampering, and the vent line is left open.
(4)
It shall be unlawful for anyone to place toxic or hazardous
materials in an abandoned or temporarily out of service aboveground storage
facility.
(5)
It shall be unlawful for any person to bring an abandoned aboveground storage facility back into service without meeting all of the requirements of Subsection A above. No abandoned facility shall be brought back into service without a complete inspection acceptable to the Health Officer.
(6)
It shall be unlawful for any person to bring a temporarily out of service facility back into use after January 1, 1991, (the year eight years from the year of effectiveness of this chapter) without first meeting all the requirements of Subsection A above.
(7)
An aboveground storage facility properly declared to be temporarily out of service may be returned to service prior to 1991 (the year eight years from the year of effectiveness of this chapter) by written notification to the Health Officer if the requirements of Subsection B(2) have been met.
(8)
It shall be unlawful for the owner or other person in possession or control of an aboveground storage facility or part thereof to fail to empty, clean and inspect pursuant to Subsection B(3)(c) above, to file proof of inspection pursuant to Subsection B(3)(e) above, to leak test and/or to recoat if necessary every seven years each tank or vessel for the storage of toxic or hazardous materials within said storage facility or part thereof.
(9)
It shall be unlawful for any person to replace or cause the replacement of any aboveground storage facility or part thereof for any reason without complying with the new storage requirements of Subsection A above and without complying with the inspection and proof of inspection requirements of Subsection B(3)(c) and B(3)(e), respectively.
(10)
It shall be unlawful for any person to use, maintain,
construct, fabricate, modify or install any aboveground storage facility or
part thereof without conforming to all plans and specifications submitted
to and approved by the Health Officer, Township Engineer and Construction
Official prior to such use, maintenance, construction, fabrication, modification
or installation.
D.
Leaks; repairs.
(1)
When an aboveground storage facility or part thereof
is found to be leaking, it must immediately be emptied of all contents therein
contained and removed from service unless approval is specifically granted
by the Health Officer to do otherwise.
(2)
It shall be unlawful for the owner or other person in
possession or control of a leaking aboveground storage facility or part thereof
to cause or permit it to remain in service or to continue to retain its toxic
or hazardous contents after said owner or other person knows or should have
known of the existence of the leak.
(3)
It shall be unlawful for any person to reuse and repair
or cause the reuse and repair of an aboveground storage facility or part thereof
which is leaking or which has leaked without:
(a)
Performing or having said repairs performed in accordance
with a written protocol submitted to an approved by the Health Officer prior
to said repairs; and
(b)
Inspecting or having said leaking storage facility or part thereof inspected by a person whose qualifications are acceptable to the Health Officer, with such inspection in accordance with Subsection B(3)(c) above and filing a proof of inspection in accordance with Subsection B(3)(e) above, with such inspection performed and proof of inspection filed prior to reuse of the storage facility or filed prior to reuse of the storage facility or part thereof before filling it with a toxic or hazardous material after repairs have been effected.
A.
New installations.
(1)
For the purpose of this section, "new installations"
means piping, pipelines, fittings, connections for use with toxic or hazardous
materials for which installation or construction actually begins on or after
December 9, 1983.
(2)
All new installations shall be:
(a)
Fabricated, constructed and installed in a manner that
will prevent the escape of the toxic or hazardous materials contained therein
to the ground, groundwater, surface waters or air of the Township of Old Bridge.
(b)
Protected against corrosion by the use of noncorrosive
materials, cathodic protection with coatings approved by the Township Engineer,
Construction Official, Health Officer or the functional equivalent of the
foregoing options approved by the Township Engineer, Construction Official,
Health Officer.
(c)
Designed, constructed and installed with access points
as required by the Health Officer to permit periodic pressure testing of all
underground piping without the need of extensive excavation.
(d)
Designed, constructed and installed with a simple, effective,
reliable means of monitoring the new installation for leakage, including a
warning device to indicate the presence of a leak, spill or other failure
or breach of integrity for piping installed underground or in areas where
piping is not clearly visible.
(e)
Constructed of double-walled pipe or be constructed in
product-tight trenches or galleries where the piping is buried or below grade,
except that single-walled piping will be allowed for facilities containing
products with a specific gravity less than one and only slightly soluble in
water, such as gasoline and fuel oil.
(3)
It shall be unlawful for any person to fabricate, construct,
install, use or maintain or to cause the fabrication, construction, installation,
use or maintenance of any new substantial installation or part thereof for
use with toxic or hazardous materials:
B.
Existing installations.
(1)
For the purpose of this section, "existing installations"
shall mean piping, fittings and connections for use with toxic or hazardous
materials for which installations or construction actually begins prior to
the date of this chapter.
(2)
Commencing January 1, 1997, it shall be unlawful to use or maintain any existing installation or part thereof in association with any storage facility or part thereof unless said existing installation complies with all of the provisions of Subsection B above and all regulations and standards promulgated pursuant thereto.
(3)
It shall be unlawful for the owner or other person in
possession or control of any existing piping installation or part thereof
associated with any storage facility or part thereof to fail to pressure test
said existing piping or part thereof whenever the associated storage facility
or part thereof is tested.
(4)
It shall be unlawful for the owner or other person in possession or control of an existing installation or part thereof when testing or contracting to test said installation or part pursuant to Subsection B(3) above to:
(a)
Fail to test or have said installation or part thereof
tested by a person whose qualifications are acceptable to the Health Officer;
(b)
Fail to test or have tested said installation in a manner
acceptable to the Health Officer;
(c)
Fail to test or have installation tested in accordance
with a written protocol submitted to and approved by the Health Officer prior
to said test;
(d)
Fail to test or have tested said installation in accordance
with any regulations or standards which may be promulgated under this subsection
relating to said testing; and
(e)
Fail to submit to the Health Officer within 30 days of said test a completed certificate of test completion form, pursuant to § 221-10D(3) through (6) and any regulations and standards promulgated thereunder.
C.
General provisions.
(1)
Notwithstanding the requirements of Subsection B(3) above, it shall be unlawful for the owner or other person in possession or control of a new or existing installation or part thereof not to test said installation or part in accordance with the procedures set forth in Subsection B(3) above and in all regulations and standards promulgated thereunder, whenever the Health Officer has determined that such a test is necessary or whenever the Health Officer has ordered that such a test be performed.
(2)
Whenever an existing or new installation or part thereof
is found to be leaking, it must immediately be emptied of all contents therein
contained and removed from service.
(a)
It shall be unlawful for the owner or other person in
possession or control of said leaking installation or part thereof to cause
or permit it to remain in service or to continue to retain its toxic or hazardous
contents after said owner or other person knows or should have known of the
existence of the leak.
(b)
It shall be unlawful for any person to repair or cause
the repair of any new or existing installation or part thereof which has leaked
or otherwise failed without performing said repairs or having said repairs
performed in a manner approved by the Health Officer.
(c)
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation pursuant to the provisions of Subsection C(2)(b) above and all regulations and standards promulgated thereunder.
(d)
It shall be unlawful for any person to reuse or to cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without repairing said installation or part so as to conform to the requirements of Subsection A above and all regulations and standards promulgated thereunder.
(e)
It shall be unlawful for any person to reuse or cause the reuse of any new or existing installation or part thereof which had leaked or otherwise failed without inspecting or having said installation or part inspected subsequent to the completion of any repairs but prior to said reuse by a person whose qualifications are acceptable to the Health Officer in accordance with § 221-11B(3)(d) and any regulations and standards promulgated thereunder and without filing with the Health Officer a proof of inspection prior to said reuse in accordance with § 221-11B(3)(e) and any regulations and standards promulgated thereunder.
A.
Transfer facilities.
(1)
"Transfer facilities" means truck fill stands and/or
any other facility for the loading or unloading of toxic or hazardous materials.
(2)
It shall be unlawful for any person to fabricate, construct
or install a transfer facility or part thereof:
(a)
Without first submitting plans therefor to the Health
Officer and without first obtaining the Health Officer's approval thereof;
(b)
Without fabricating, constructing and installing said transfer facility or part thereof in accordance with the plans submitted and approved pursuant to Subsection A(2)(a) above;
(c)
Without providing a simple, effective, reliable means
of monitoring the transfer facility or part thereof for leakage or spillage,
including a warning device; and
(d)
Without providing a level of spill protection equivalent
to that provided by a fill stand area completely paved and curbed with an
impervious material and drained to a holding tank of adequate size to contain
any spill that could reasonably be expected to occur from the normal operation
of the facility and roofed so as to exclude precipitation which would otherwise
tend to fill the holding tank.
(3)
It shall be unlawful for any person to operate, maintain
or use a transfer facility or part thereof so as to permit the escape therefrom
of toxic or hazardous materials to the ground, groundwaters, surface waters
or air of the Township of Old Bridge. All holding tanks associated with spill
control shall be maintained in an empty condition at all times to provide
maximum storage capacity at the time of a spill.
(4)
It shall be unlawful for any person to fabricate, construct,
install, use, operate or maintain any transfer facility or part thereof without
doing so in accordance with all regulations and standards pertaining thereto
which may be promulgated by the Health Officer.
B.
Transfer operations.
(1)
It shall be unlawful for any person to transfer, cause
the transfer or permit the transfer of toxic or hazardous materials to or
from a storage facility, part thereof or vehicle, where conditions at the
transfer facility are inadequate at the time of said transfer to ensure a
safe transfer operation without the occurrence of spills, leaks or accidents.
(3)
The transfer of toxic or hazardous materials to any storage facility or part thereof which does not comply with all provisions of this chapter applicable thereto and any regulations and standards promulgated under this chapter applicable thereto shall constitute a rebuttable presumption that conditions at said transfer facility are inadequate for the purposes of Subsection B(1) above.
(4)
Conditions at the transfer facility shall be deemed to
be inadequate at the time of a transfer if:
(a)
The transfer facility is constructed so that all possible
points of overflow are not visible from the loading and unloading locations;
or
(b)
The truck, storage facility or part thereof being delivered
to does not have adequate capacity to contain the amount of toxic or hazardous
material being transferred or to be transferred, or if a person performing
or causing said transfer does not ensure by some reliable means that the truck,
storage facility or part thereof has adequate capacity to contain the amount
of toxic or hazardous material being transferred or to be transferred.
A.
General provisions. An indoor storage facility is specifically
intended to include within its meaning all tanks, vessels and appurtenant
plumbing which contain or are to contain or be used for the transmission of
toxic or hazardous materials regardless of the volume of said tanks and vessels
and regardless of the duration of time said tanks and vessels may contain
the toxic or hazardous materials and regardless of their use.
(1)
All processing baths and tanks, including dip tanks and
rinse tanks and tanks associated with wastewater treatment located indoors,
shall constitute an indoor storage facility or part thereof.
(2)
All portable containers and tanks with an individual volume of greater than 90 gallons, stored or located indoors and used to contain toxic or hazardous materials, shall be deemed to be an indoor storage facility or part thereof and shall be subject to all of the provisions of this section and any regulations and standards promulgated pursuant hereto, and not the provisions of § 221-15 and the regulations and standards created thereunder.
B.
New storage facilities.
(1)
A new indoor storage facility or part thereof is one
for which construction, fabrication or installation actually begins on or
after December 9, 1983, or one consisting of portable containers and/or tanks
each with an individual volume in excess of 90 gallons, for which indoor storage
of said portable containers and/or tanks containing toxic or hazardous materials
actually begins on or after December 9, 1983.
(2)
It shall be unlawful to fabricate, construct or install
a new indoor storage facility or part thereof unless:
(a)
Plans and specifications for said storage facility have
been first submitted to and approved by the Health Officer;
(b)
Said fabrication, construction or installation is accomplished in accordance with the approved plans and specifications submitted pursuant to Subsection B(2)(a) above;
(c)
Said fabrication, construction or installation is accomplished
in accordance with all regulations and standards which may be promulgated
under this subsection;
(d)
The fabrication, construction or installation provides
for impervious secondary containment for the new storage facility or part
thereof equal to or greater than 110% of the entire volume to be contained;
(e)
Said storage facility or part thereof is fabricated,
constructed or installed in a manner which will prevent the release into the
ground, groundwater, surface waters or air of the Township of Old Bridge of
any toxic or hazardous materials;
(f)
Any open tanks or vessels containing or to contain toxic
or hazardous materials within the storage facility or part thereof in a building
equipped with a sprinkler system are provided with head deflectors or automatic
covers or the equivalent thereof acceptable to the Health Officer to prevent
the overflow of the tanks by reason of flow from the sprinkler system; and
(g)
High level alarms or other adequate means of detecting
an impending overfill condition have been provided for all tanks not readily
visible by the operator controlling filling.
(3)
It shall be unlawful to operate, maintain or use a new
indoor storage facility or part thereof unless:
(a)
Said storage facility or part thereof has been fabricated, constructed and installed in accordance with all of the provisions of Subsection B above and any regulations and standards promulgated thereunder;
(b)
Said storage facility or part thereof has been inspected prior to said operation, maintenance or use pursuant to the provisions of § 221-11B(3)(c) and any regulations and standards promulgated thereunder;
(c)
Proof of inspection is filed with the Health Officer within 30 days of the inspection conducted pursuant to Subsection B(3)(b) above and such filing occurs prior to said operation, maintenance or use, and said proof of inspection conforms to all of the provisions of § 221-11B(3)(e) and any regulations and standards promulgated thereunder; and
(d)
Said storage facility or part thereof is operated, used
or maintained in a manner which will prevent the discharge of toxic or hazardous
materials therefrom into the ground, groundwaters, surface waters or air of
the Township of Old Bridge.
C.
Existing storage facilities.
(2)
Commencing December 9, 1983, it shall be unlawful to fabricate, construct, install, modify, operate, maintain or use any indoor storage facility or part thereof which does not conform to all of the provisions of Subsection B above and all regulations and standards promulgated thereunder.
(3)
It shall be unlawful for any person to operate, maintain
or use an existing indoor storage facility or part thereof in a manner which
will allow the discharge of toxic or hazardous materials therefrom into the
ground, groundwaters, surface waters or air of the Township of Old Bridge.
A.
Storage facilities.
(1)
It shall be unlawful to fabricate, construct, install
or otherwise create a storage facility or part thereof for portable containers
and tanks containing toxic or hazardous materials if the facility has to be
used for more than 30 days without:
(a)
First having submitted satisfactory plans and specifications
therefor to the Health Officer;
(b)
Constructing, installing, fabricating or otherwise creating said storage facility in accordance with the reports and plans submitted pursuant to Subsection A(1)(a) above;
(c)
Constructing, installing, fabricating or otherwise creating
said storage facility so as to prevent the discharge of any of the toxic or
hazardous contents of the portable containers therein to the ground, groundwaters,
surface waters or air of the Township of Old Bridge;
(d)
Providing a chemically resistant pad on which to place
the portable containers or tanks, impervious to the toxic or hazardous materials
being stored in said containers and tanks; and
(e)
Constructing, fabricating, installing or otherwise creating
a storage facility or part thereof in accordance with all regulations and
standards promulgated under this subsection.
(2)
It shall be unlawful for any person to use, maintain
or operate a storage facility containing portable containers or tanks for
the storage of toxic or hazardous materials without:
(a)
Preventing the discharge of any of the toxic or hazardous
contents of the portable containers or tanks to the ground, groundwaters,
surface waters or air of the Township of Old Bridge;
(b)
Properly securing the portable containers or tanks containing
toxic or hazardous materials so as to protect them from vandalism, unauthorized
access and damage by traffic, machinery or falling objects;
(c)
Storing the portable containers and tanks containing
toxic or hazardous materials indoors, except where such storage is prevented
by fire regulations or where sufficient evidence is presented that physical
or financial constraints of the facility make indoor storage impractical.
Waiver of the indoor storage requirement shall be only by permission of the
Health Officer;
(d)
Protecting any outdoor storage of portable containers
or tanks containing toxic or hazardous materials from damage from heat, cold,
rust and other weather-related conditions and vandalism or unauthorized access;
(e)
Complying with all regulations and standards promulgated
relating to the maintenance, use or operation of a storage facility containing
portable containers containing toxic or hazardous materials;
B.
Handling of portable containers or tanks. It shall be
unlawful for the owner or other person in possession or control of a storage
facility containing portable containers or tanks which contain toxic or hazardous
materials to:
(1)
Stack said portable containers or tanks more than two
high without using a properly designed storage rack for that purpose or to
attempt any stacking without adequate equipment;
(2)
Store said portable containers or tanks in a manner so
as to prevent all sides thereof from being available for inspection;
(3)
Fail to maintain current inventory records indicating
deliveries, consumption, sale and final disposal of all toxic or hazardous
materials stored in portable containers or tanks and to maintain said records
for five years from the occurrence recorded;
(4)
Fail to handle said portable containers or tanks in accordance
with any regulations and standards promulgated pursuant to this subsection;
and
(5)
Store said portable containers in numbers in excess of
the maximum allowed by the approved design of the storage facility.
C.
Inspections.
(1)
Times and records of inspection.
(a)
It shall be unlawful for the owner or other person in
possession or control of a storage facility containing portable containers
or tanks for the storage of toxic or hazardous materials to fail to have said
facility or part thereof containing said portable containers or tanks inspected:
[1]
Prior to application for the renewal of a permit to operate a storage facility issued pursuant to § 221-7;
[2]
Subsequent to any substantial modification of the storage
facility or part thereof containing said portable containers or tanks and
prior to the using or putting into service a storage facility or part thereof;
and
[3]
Prior to the using or putting into service said storage
facility or part thereof after repairs had been performed on it.
(b)
There should be daily inspection and records maintained
documenting the inspection and who did the inspection by owner/operator. Also
there should be periodic unannounced inspections by the Health Officer.
(2)
It shall be unlawful to fail to have the inspections required by Subsection C(1) above performed in accordance with the provisions of § 221-11B(3)(c) and all regulations and standards promulgated pursuant thereto and those promulgated under this subsection.
(3)
It shall be unlawful to fail to file a proof of inspection with the Health Officer within 30 days of the performance of an inspection required by Subsection C(1)(a) above complying with the provisions of § 221-11B(3)(e) and any regulations and standards promulgated pursuant thereto.
D.
Unlawful activity. It shall be unlawful for any person
to repair or modify or to cause or permit said repairs or modifications of
a storage facility or part thereof containing portable containers or tanks
for the storage of toxic or hazardous materials without performing said reports
or modifications or having them performed pursuant to a written protocol previously
submitted to and approved by the Health Officer.
A.
It shall be unlawful for any person to fabricate, construct,
install, repair or modify any bulk storage facility or part thereof without
doing so in accordance with a written protocol previously submitted to and
approved by the Health Officer.
B.
Requirements.
(1)
It shall be unlawful for any person to fabricate, construct,
install, modify, repair, use, maintain or operate any bulk storage facility
or part thereof without:
(a)
Doing so in a manner that will prevent the toxic or hazardous
materials contained therein from coming into contact with precipitation or
other sources of moisture unless there is provision made for collecting and
treating the leachate and runoff generated so as to prevent a discharge of
toxic or hazardous materials to the ground, groundwaters, surface waters or
air of the Township of Old Bridge and so as to prevent the development of
an explosive, incendiary or other hazardous or dangerous condition;
(b)
Providing for the segregation of and without segregating
potentially reactive chemicals which are toxic or hazardous materials or which
may react so as to form toxic or hazardous materials, which reaction may present
or cause a hazardous or dangerous condition;
(c)
Providing for and storing bagged toxic or hazardous materials
on pallets and within a roofed structure which prevents precipitation from
reaching the bags;
(d)
In the case of an indoor bulk storage facility, providing
for and providing an impervious floor without floor drains with a surrounding
impervious dike so as to provide containment for hazardous or toxic materials
generated from fire fighting within the building;
(e)
Providing for and providing adequate security so as to
protect the storage facility and toxic or hazardous contents therein from
vandalism and accident; and
(f)
Complying with any regulations and standards which may
be promulgated pursuant to this section.
C.
Road deicing salt and other deicing materials are toxic
or hazardous materials. In addition to the foregoing provisions of this section,
road deicing salt may be stored in areas where no adverse environmental impact
will occur without brine control so long as the Health Officer's approval
for such a storage facility has been applied for and received in advance.
A.
It shall be unlawful for the owner or other person in
possession or control of any storage facility or part thereof to fail to report
any unauthorized discharge, spill, leak or recognizable loss of toxic or hazardous
materials therefrom or the failure of said storage facility to the Health
Officer within two hours of the time such owner or other person had sufficient
evidence that he knew or should have known of said unauthorized discharge,
spill, leak, loss or failure. Within 24 hours of the telephone report, the
owner, operator or person in charge shall submit to the Old Bridge Department
of Health and Welfare a written report setting forth the time, place, date,
persons present, with addresses, and details of the discharge of the hazardous
substance. These reports shall set forth the amount of the discharge and a
thorough description of the hazardous substance, method of abatement and estimated
cost of removal. A report of all steps being taken to clean up the discharge
shall be filed every 72 hours thereafter to the satisfaction of the Department
of Health and Welfare. The requirement for follow-up reports may be waived,
in writing, by the Health Officer of the Department of Health and Welfare
of the Township of Old Bridge. A report to the Health Officer pursuant to
this subsection shall not be deemed compliance with any reporting requirement
of any other federal, state or local law.[1]
B.
It shall be unlawful for the owner or other person in
possession or control of any storage facility or part thereof to fail to keep
records, in writing, reflecting the types and amounts of toxic or hazardous
materials stored in said storage facility or part thereof at any given time.
(1)
It shall be unlawful for the owner or other person in
possession or control of any storage facility or part thereof to fail to keep
records of the disposal or other transfer in or out of said storage facility
or part thereof, such records reflecting the types and amounts of toxic or
hazardous materials involved in the transfer. The name and vehicle license
and registration numbers or the transporter and the intended destination must
also be included if the material is waste.
(2)
It shall be unlawful for any person required to keep
records by any provision of this chapter to fail to maintain said records
available for inspection by the Health Officer for at least five years from
the date of the event, occurrence or transaction recorded. Copies shall be
provided by the owner or operator for the Health Officer if requested.
(3)
It shall be unlawful for any person required to keep
records by any provision of this chapter to fail to keep, record and maintain
said records in accordance with any regulations and standards promulgated
pursuant to this section.
C.
It shall be the responsibility and obligation of any
person who discharges or causes or permits the discharge of any toxic or hazardous
material to the ground, groundwaters, surface waters or air of the Township
of Old Bridge to cease said discharge, to reclaim, recover and/or properly
dispose of the discharged toxic or hazardous material and any other substance
contaminated therefrom, to restore the environment to a condition and quality
acceptable to the Health Officer and to repair any damages caused thereby,
all to the satisfaction of the Health Officer.
(1)
It shall be unlawful for the owner or any other person
in possession or control of any source discharging toxic or hazardous materials
to the ground, groundwaters, surface waters or air of the Township of Old
Bridge to fail to cease said discharge immediately upon obtaining knowledge
or notice of its existence.
(2)
It shall be unlawful for the owner or any other person
in possession or control of any source discharging or which has discharged
toxic or hazardous materials to the ground, groundwaters, surface waters or
air of the Township of Old Bridge to fail to reclaim, recover and/or dispose
of the discharged toxic or hazardous materials. Where time permits, cleanup
shall be in accordance with a written protocol previously submitted to and
approved by the Health Officer.
(3)
It shall be unlawful for the owner or other person in possession or control of any premises to place, to fail to reclaim, recover and/or otherwise dispose of any toxic or hazardous materials discharged thereto, in accordance with a written protocol previously submitted to and approved by the Health Officer, in the event that the persons described in Subsection C(2) above are not ascertainable or otherwise fail to comply with the provisions of Subsection C(2). This provision shall not abridge any existing right of action in any person, nor shall it create any new right of action in any person.
(4)
It shall be unlawful for the owner or any person in possession
or control of any source which has discharged toxic or hazardous materials
to the ground, groundwaters, surface waters or air of the Township of Old
Bridge to fail to restore the environment contaminated or damaged by said
discharge to its condition prior to the discharge, repairing any damages caused
thereby in accordance with a written protocol previously submitted to and
approved by the Health Officer.
(5)
It shall be unlawful for any person required by this
chapter or by any order of the Health Officer to reclaim, recover or otherwise
dispose of discharged toxic or hazardous materials and other substances contaminated
therefrom, and/or to restore the environment to the condition that existed
prior to the discharge of toxic or hazardous materials thereto, to fail to
perform said required acts pursuant to any regulations and standards promulgated
pursuant to this subsection.
(6)
Records of the disposition of hazardous substances or
contaminated materials recovered as a result of an unintentional discharge
or as a result of normal operating procedures shall be retained for a period
of five years.
D.
Employee rights.
(1)
Any employee of the state or any political subdivision
thereof, or any collective bargaining agent or employee, may request, in writing,
from his employer a copy of a material safety data sheet filed pursuant to
this chapter for the facility at which he is employed. The employer shall
provide any material safety data sheet so requested within five normal business
days of the request. If the request for a material safety data sheet is not
honored, any worker shall have the right to refuse to work with a chemical
for which a request was made without loss of pay or any other right or privilege
until the request is honored.
(2)
Any employee or an employee's representative who believes
that an employer has not complied with the provisions of this section may
file a complaint with the Commissioner of the Department of Labor.
(3)
No employer shall discharge or cause to be discharged
or otherwise discipline or in any way penalize or discriminate against any
employee because the employee or the employee's collective bargaining agent
has filed any complaint or has instituted or caused to be instituted any proceedings
related to the provisions of this chapter or has exercised any right provided
in this Act. If an employer takes any disciplinary action against a worker
within 90 days after the worker has exercised any right provided in this chapter,
there is a rebuttable presumption that the employer's action was in retaliation
to the worker's exercise of these rights.
A.
Any information relating to secret processes or methods
of manufacture or production obtained in the course of an inspection or investigation
or submitted to the Health Officer shall be kept confidential except for the
use and purpose of the Health Officer in the enforcement of this chapter and
the rules and regulations promulgated thereunder.
B.
In the event that a person claims to be unable to file
complete records and/or plans and specifications on the grounds that it relates
to and is part of a secret process or method of manufacture or production,
an affidavit signed by an authorized person must be filed with the Health
Officer, stipulating:
(1)
The location of process or equipment, specifying the
building and the section or part of the building in which it is located.
(2)
In general terms, the name of the process equipment.
(3)
The means to be employed for the control of water contaminants.
(4)
The nature and estimated rate of discharge of contaminants
to the ground- or surface waters.
(5)
The authority of the person signing the affidavit.
(6)
A statement that the installation is related to a secret
process or method of manufacture or production.
(7)
The means to be employed for control of water contaminants.
C.
In the event that any such affidavit is filed, the Health
Officer shall determine the extent to which an exemption should be granted.
Any information relating to secret processes, methods of manufacture or production
which may be required, ascertained or discovered by the Health Officer shall
not be disclosed and shall be kept confidential.
A.
It shall be unlawful for the owner or other person in
possession or control of any place, building, land, vehicle or thing to store
toxic or hazardous materials therein without conspicuously posting a notice
thereat or thereon, warning of the presence of such materials and providing
any safety information necessary to protect the public and assist emergency
response personnel in carrying out their responsibilities.
B.
It shall be unlawful for any person to use, maintain
or operate any storage facility or part thereof without:
(1)
Clearly labeling the specific contents of each portable
container conspicuously on said container;
(2)
Clearly labeling the specific contents of each indoor
and aboveground tank or vessel conspicuously thereon;
(3)
Clearly labeling the specific actual intended and possible
contents of piping associated with any storage facility or part thereof at
or near the points of filling or drawing; and
(4)
Conspicuously posting any permit issued pursuant to this
chapter.
C.
It shall be unlawful for any person to falsely post or
label any container or storage facility or to post an invalid permit.
D.
It shall be unlawful for any person to use, maintain
or operate any storage facility or part thereof without complying with all
regulations and standards promulgated pursuant to this section.
Any requirement, mandate, prohibition or time limitation imposed by
this chapter or any regulation, standard or order generated hereunder may
be waived or modified by order of the Health Officer for good cause.
A.
All buildings and premises subject to this chapter are
subject to inspection from time to time by the Health Officer or his/her duly
authorized representatives. All rooms and areas in the buildings and premises
shall be available and accessible for such inspection, which shall be made
during usual business hours if the premises is used for nonresidential purposes;
provided, however, that inspections may be made at other times if the premises
is not available during the foregoing hours for inspections, or if there is
reason to believe that violations are occurring on the premises which can
only be apprehended and proved by inspection during other than the prescribed
hours or if there is reason to believe a violation exists of a character which
is an immediate threat to health or safety, requiring inspection and abatement
without delay. Authorized representatives shall include the Health Officer
of the Township of Old Bridge and his/her agents or employees.
B.
Emergency inspection may be made without warrant if the
Health Officer has reason to believe that a condition exists which poses an
immediate threat to life, health or safety. Such procedure shall take place
only where the time required to apply and secure the issuance of a warrant
would render ineffective the immediate action necessary to abate the condition.
C.
Where the Health Officer or his/her duly authorized representatives
are refused entry or access or are otherwise impeded or prevented by the owner,
occupant or operator from conducting an inspection of the premises, such person
shall be in violation of this chapter.
A.
The Health Officer may personally apply to the Judge
of the Municipal Court of the Township of Old Bridge, who must take his affidavit
or testimony for a search warrant, setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that a violation
of this chapter may exist on the premises, including one or more of the following:
(1)
That the premises requires inspection according to the
cycle established by the Township of Old Bridge for periodic inspections or
premises pursuant to this chapter.
(2)
That observation of external condition (for example,
smoke, liquids, vapors and/or odors) of the premises and its public areas
indicates that probable cause exists.
(3)
Circumstances, such as the age and design of the storage
equipment and/or system, piping, the particular use of premises or another
factor which renders systematic inspections of such buildings necessary in
the interest of public health and safety.
B.
If the Judge of the Municipal Court of the Township of
Old Bridge is satisfied that grounds for granting the application exist or
that there is probable cause to believe they exist, he shall date and issue
the warrant identifying the property to be seized, naming or describing the
person or place to be searched and specifying the hours when it may be executed.
The warrant shall be directed to any Health Officer of the Township of Old
Bridge without naming him, and it shall state the basis for its issuance and
the names of the persons whose affidavits or testimony have been taken in
support thereof. The warrant shall direct that it be returned to the Judge
who issued it.
A.
The Health Officer shall establish fees adequate to cover
his/her, or his/her duly authorized representatives, time and other specific
resources required to process and monitor registrations and permits called
for by this chapter.
If any person violates any of the provisions of this chapter, the Health
Department may institute a civil action in the Superior Court in the name
of the state, on relation of the Health Department, for injunctive relief
to prohibit and prevent the continuance of such violation or violations.
A.
B.
The violation of any section or subsection of this chapter
shall constitute a separate and distinct offense independent of the violation
of any other section or subsection or of any order issued pursuant to this
chapter. Each day of violation shall constitute an additional, separate and
distinct offense.
C.
In violations producing environmental damage, the violator
will be responsible for cost of clean containment, removal and restoration
of the environment.
This chapter is to be liberally construed to effectuate the purposes
herein described. Nothing herein is to be construed as repealing or abridging
the emergency powers of any agency of government except to the extent expressly
set forth herein.
