[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 108.
Fire prevention — See Ch. 198.
Recycling — See Ch. 306.
ATTACHMENTS
Attachment 1 - Ord. No. 1898 Preamble
[Adopted 8-15-1990 by Ord. No. 1898]
For the purpose of this article, the following definitions shall apply:
CFC FOOD PACKAGING
Any container, carton, box, cup, lid, plate, bowl, tray or wrapping of any kind which is or may be used to contain, package, store, insulate or serve any food and/or beverage, where any CFC has been used in the manufacturing and production of such item.
CHLOROFLUOROCARBONS or CFC'S
The family of substances containing carbon, fluorine and chlorine and having no hydrogen atoms and no double bonds and which includes, without limitation, CFC-11, CFC-12, CFC-113, CFC-114 and CFC-115. Examples of products containing or utilizing chlorofluorocarbons are Freon, used in air-conditioning and refrigeration units, degreasers and solvents used in the cleaning of metals and electronic components and rigid and flexible foam used as packaging material and insulating material, and flexible foam used in car seats, bedding and furniture.
ESTABLISHMENT
Any domestic or foreign corporation, firm, association, syndicate, joint-stock company, partnership of any kind, joint venture, club, common-law trust, society or individual engaged in any profession, trade, occupation and any and every kind of calling carried on for profit or otherwise within the town, including any governmental entity or charitable organization.
HALON
Any fully halogenated carbon compound containing bromine, chlorine or fluorine, and includes, without limitation, Halon-1301, Halon-1211 and Halon-2402.
LICENSED HEALTH-CARE FACILITY
Any health-care facility licensed either by the State of New Jersey Department of Health, pursuant to the provisions of the Health and Safety Code, or by the United States Department of Health and Human Services.
MAYOR AND BOARD OF COMMISSIONERS
The Town Council of the Town of West New York.
OZONE-DEPLETING COMPOUND
Any CFC, Halon, the chemical compounds of methyl chloroform and carbon tetrachloride or any other chemical compound hereafter designated by the Mayor and Board of Commissioners by amendment to this article as being an "ozone-depleting compound."
PERSON
Includes any natural person, firm, associations, partnership or corporation, whether acting as a principal agent, employee or otherwise, and includes any governmental entity or charitable organization.
RIGID OR FLEXIBLE FOAM CONTAINING OR UTILIZING AN OZONE-DEPLETING COMPOUND
Any rigid or flexible foam, such as Styrofoam or thermoplastic foam, building insulation or any other rigid or flexible foam that contains within any closed cell any ozone-depleting compound or that was produced by using an ozone-depleting compound in any manner during the manufacturing process.
TOWN
All territory within the corporate limits of the Town of West New York, County of Hudson, State of New Jersey.
A. 
Within the Town of West New York, no person shall use any ozone-depleting compound in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product, except as otherwise provided in this section.
B. 
Within the Town of West New York, no establishment shall package any product with rigid or flexible foam containing or utilizing an ozone-depleting compound, except as otherwise provided in this section.
C. 
Within the Town of West New York, no establishment shall purchase, obtain, store, sell, distribute or otherwise provide to any person any CFC food packaging materials, except as otherwise provided in this section.
D. 
Exemptions.
(1) 
This section shall not apply to the study and/or research of the effects of the release of ozone-depleting compounds into the environment and/or the development of alternative technologies, where such compounds are necessary for conducting such study and research.
(2) 
This section shall not apply to any ozone-depleting compound used as a coolant in any refrigeration or air-conditioning unit or system.
(3) 
Subsection A of this section shall not apply to any licensed health-care facility operated either for profit or not for profit, including any medical research conducted at such facility.
(4) 
This section shall not apply to any person manufacturing a product or component product under contract with any branch of the United States Armed Forces where applicable military specifications require the use of an ozone-depleting compound.
In the construction of any building or structure (commercial, industrial, residential or other), no person shall install any building insulation which contains or utilizes an ozone-depleting compound.
No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, renovate or demolish any building or structure which requires removal of existing insulation that contains an ozone-depleting compound without recovering and properly disposing of such insulation in accordance with the procedures adopted by the Director of Public Safety or his designee.
All establishments that repair, service or maintain any refrigeration or air-conditioning unit or system shall adopt and implement a recycling system whereby the ozone-depleting compound used as a coolant in such refrigeration or air-conditioning unit or system will not be released into the environment, but will be recaptured and recycled in accordance with a recycling system approved by the Director of Public Safety or his designee. Such approval shall be evidenced by a certificate issued by the Director of Public Safety or his designee.
No person shall sell any ozone-depleting compound for use as a coolant in a refrigeration or air-conditioning unit or system to any person who does not possess and provide evidence of a certificate of possession and operation of a recycling system.
No recycling firm, scrap yard, business or establishment which recycles or disposes of any refrigeration or air-conditioning unit or system, either in conjunction with the disposal of another product or in any other manner, shall do so without first recapturing and recycling any ozone-depleting compound used as a coolant in said unit or system, or without first ensuring that such coolant will be recaptured and recycled, in accordance with a recycling program approved by the Director of Public Safety or his designee.
All establishments that repair, service or perform maintenance on any portable fire-extinguishing system or unit shall adopt and implement a reclamation system whereby any Halons used as the extinguishing agent in any such system or unit shall not be released into the environment, but shall be recaptured and recycled or properly disposed of in accordance with a reclamation system approved by the Director of Public Safety or his designee.
The Director of Public Safety or his designee shall oversee and be responsible for the enforcement and administration of this article; establishing rules and regulations governing the recycling of ozone-depleting compounds from refrigeration and/or air-conditioning units or systems; providing informational assistance to persons seeking to implement a recycling program for ozone-depleting compounds used in air-conditioning and refrigeration systems; creating and implementing an educational program to provide information to local establishments, industry and residents regarding the dangers and hazards associated with products made from or utilizing ozone-depleting compounds; establishing a program to encourage the development of alternative chemicals and technologies to replace the use of ozone-depleting compounds in existing products; consulting and cooperating with other local, state and federal governmental agencies regarding the regulation of ozone-depleting compounds and other matters affecting the environment and the health, safety and general welfare of the public; such other duties and responsibilities as may be directed. Upon a showing by any person that no technically feasible alternative for such use of an ozone-depleting compound is currently available, the Director of Public Safety or his designee, upon finding that there is no technically feasible alternative for such use, may grant an exemption from any section or subsection of this Article. The Director of Public Safety or his designee is authorized to draft regulations and to take any and all actions reasonable and necessary to enforce this article, including but not limited to inspection of any establishments premises to verify compliance with this article.
The Mayor and Board of Commissioners hereby establishes the Science Advisory Committee for the purpose of assisting and providing information to the Director of Public Safety or his designee concerning the effects of ozone-depleting compounds and other matters regarding the environment and the health, safety and general welfare of the public. The Director of Public Safety or his designee shall nominate individuals to serve as members of the Science Advisory Committee. Thereafter such nominees shall be approved by the Mayor and Board of Commissioners. The Director of Public Safety or designee shall serve as chairperson of the Committee and shall formulate policies and procedures to govern the operations of the Committee. The number of persons serving on said Committee shall be four with the term of appointment being two years.
This article shall be enforced by the Director of Public Safety or his designee, the Health Officer and all of his inspectors, the Construction Official and his inspectors, all law enforcement officers and all investigators, Alcoholic Beverage Control of the Police Department, all Fire Inspectors and all employees so authorized and empowered to enforce this article by the Director of Public Safety or his designee.
Any person found guilty of violating any provision of this article shall be punished by a fine not exceeding $1,000. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.