[Adopted 12-29-1983 by Ord. No. 5-1983]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ENVIRONMENTALLY SENSITIVE AREA(S)
Any of the following:
(1) 
A riverine flood hazard area delineated by the New Jersey Department of Environmental Protection pursuant to the State Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., or the one-hundred-year flood hazard area identified under the flood insurance studies prepared for the Federal Emergency Management Agency or in other areas shown to be within the area subject to inundation by the one-hundred-year design flood of a nondelineated stream as determined pursuant to N.J.S.A. 58:16A-55.2.
(2) 
A coastal flood hazard area identified by the Federal Emergency Management Agency or delineated by the New Jersey Department of Environmental Protection, or, if not delineated, areas at elevations of less than 12 feet above mean sea level in the coastal floodplain.
(3) 
The upstream portion of the watershed draining to an on-stream reservoir.
(4) 
Those watershed areas that drain directly into an off-stream reservoir.
(5) 
The watersheds for waters classified by the New Jersey Department of Environmental Protection as FW-1 waters or FW-2 trout production waters in the surface water quality standards, N.J.S.A. 7:9-4 et seq.
(6) 
Wetland areas inundated by surface or ground water with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction.
(7) 
Areas where the location of PCB's would adversely affect a habitat of an endangered or threatened wildlife or vegetative species as defined by the New Jersey Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., or the Federal Endangered Species Act of 1973, P.L. 93-205, unless a habitat adequate to assure the survival of the species within the region surrounding or on the site is preserved.
(8) 
Areas designated as wild, scenic, recreational or developed recreational areas pursuant to the National Wild and Scenic Rivers Act, 16 U.S.C.A. 1271 et seq., or the New Jersey Wild and Scenic River Act, N.J.S.A. 13:8-45 et seq.
(9) 
Lands in municipally approved farmland preservation programs or lands which have been dedicated to agricultural use by the purchase of their development rights pursuant to the provisions of the Farmland Preservation Bond Act, P.L. 1981, c. 276, or equivalent independent county/municipal programs.
(10) 
Areas within 6.25 miles [10 kilometers] of any mandatory Federal Class I Prevention of Significant Deterioration of Air Quality area.
(11) 
Areas where the groundwater travel time within the uppermost saturated unit from the proposed PCB containment structure to the site boundary or to a surface water body within the site boundary is less than 10 years.
(12) 
Areas within one mile of a water supply well or well field producing over 100,000 gallons per day unless it may be demonstrated to the satisfaction of the New Jersey Department of Environmental Protection and the Gloucester County Health Department that the natural hydrologic barriers isolate the site from the aquifer being pumped.
(13) 
In the case of partially in-ground facilities, areas where the depth to the seasonally high-water level in the uppermost saturated unit will rise to within five feet of the proposed PCB containment structure.
(14) 
In the event of wholly aboveground facilities, areas where the depth to the seasonally high-water level in the uppermost saturated unit will rise to within one foot of the ground surface.
LOCATE
Place, store, site or situate, on a temporary, recurrent or repeated basis, for purposes of storage and/or accumulation and/or disposal.
PERSON
An individual, trust, firm, joint-stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body.
POLYCHLORINATED BIPHENYLS (PCB's)
Any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees, or any combination of substances or mixture which contains chlorinated biphenyl molecules in concentrations of greater than 50 parts per million.
STORAGE
The holding of PCB's for a temporary period, at the end of which the PCB's are treated, disposed of or stored elsewhere.
B. 
Word usage. Unless the context requires otherwise, words and phrases used within this article shall have the meaning ascribed to them in N.J.A.C. 7:26-13.6.
No person shall locate PCB's in any environmentally sensitive area in Logan Township, Gloucester County, New Jersey.
A. 
Enforcement officers. This Article shall be enforced by the Logan Township Board of Health or the Police Department of Logan Township or the Logan Township Zoning Administrator, as the case may be.
B. 
Violations and penalties. Any person who violates the provisions of this article shall be liable to a penalty of not more than $1,000 or a term of imprisonment not exceeding 90 days. The penalty, if not paid by the violator, may be collected in a civil action commenced in the Superior Court, County District Court or Logan Township Municipal Court. If the violation is of a continuing nature, each day during which it continues after the date given by which the violation must be eliminated in accordance with the order of the enforcement officer shall constitute an additional, separate and distinct offense.
[Amended 12-7-1985 by Ord. No. 8-1985]
C. 
Additional enforcement powers. In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building or structure or land is used, in violation of this article, the proper township authorities, including the Logan Township Board of Health, Logan Township Police Department and Logan Township Zoning Administrator, and any interested party as defined by N.J.S.A. 40:55D-4, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
The legislative history supporting this article includes the following documents, which shall remain on file, with the original copy of this article, in the Logan Township Clerk's office:
A. 
United States Geological Survey — Water Resource Investigation 82-36.
B. 
United States Environmental Protection Agency consultant reports, findings and related documents, Bridgeport Rental & Oil Services, Inc.
C. 
December 2, 1983, Administrative Consent Order and Agreement "In the Matter of Monsanto Company."
D. 
Work Plan — Rollins Environmental Assessment, prepared by New Jersey Department of Environmental Protection and REAAG, April 1980.
E. 
Eustace A. Dixon, "New Jersey: Environment and Cancer," Eureka Publications, P.O. Box 372, Mantua, New Jersey (1982).
F. 
Region II EPA Technical Assistance Panels Program Report Work Assignment No. 9, Control No. 68-01-6002 (April 1981) Batelle, Columbus Division, Columbus, Ohio.
G. 
January 16, 1981, New Jersey Department of Environmental Protection's denial of Matlack, Inc. Discharge Permit Application, NPDES, NJO028398.
H. 
C.E. Ashby, Jr., "Yesterday, Today and Tomorrow," Rollins Environmental Services, Inc., Logan Township, Gloucester County, New Jersey.
I. 
NJDEP Groundwater Study, Logan Township, Gloucester County, New Jersey.