[HISTORY: Adopted by the Municipal Council of the City of Clifton 6-21-1988 by Ord. No. 5271-88; amended in its entirety 1-20-2026 by Ord. No. 8070-26. Amendments noted where applicable.]
A. 
A Hazardous Materials Control Board is hereby established in and for the City of Clifton, which Board shall serve without compensation in matters touching on and concerning the prevention and control of hazardous chemicals and materials.
B. 
Said Board shall also serve as the "Local Emergency Planning Committee (LEPC)" for the City of Clifton as said Committee is designated and constituted under the federal law 42 U.S.C. § 11001(c), Public Law 99-499, Title III, Section 301, October 17, 1986, 100 Stat. 1729, commonly known and referred to as "SARA."
C. 
The Hazardous Materials Control Board will hereinafter be referred to as "HazMat Board" or "HazMat."
Said Board shall consist of 14 members, as follows:
A. 
One member from the Municipal Council, appointed by it.
B. 
One member from the Environmental Protection Commission, recommended by that Commission, and approved by the Municipal Council.
C. 
One member from the Office on Emergency Management, to be recommended by that office, appointed by the Municipal Council.
D. 
One member and one alternate member from the public, appointed by the Municipal Council.
E. 
Four members, and four alternate members, one member and one alternate member each from the Fire Public Safety Department, Police Department, Health Department and Building Department, as recommended by the department head of each department and approved by the City Manager.
F. 
Three members and one alternate from the chemical manufacturing industry, preferably from Clifton chemical industries, shall be appointed by the Municipal Council.
G. 
One member from the media appointed by the Municipal Council.
H. 
One member and one alternate member from the local business community shall be appointed by the Municipal Council.
A. 
The terms of office of such members and alternate members shall be three years, except that the terms of the members first appointed shall be as follows: four members for three years; four members for two years; and three members for one year. The term of each alternate member shall run concurrently with the term of the respective regular member for the alternate member's respective department or North Jersey Regional Chamber of Commerce.
B. 
The terms of the members first appointed shall be by lot. In the event of a vacancy, the replacement shall serve for the unexpired term only.
C. 
The terms of office of the three members from the media first appointed shall be one year, two years and three years, to be determined by lot. In the event of a vacancy, the replacement shall serve for the unexpired term only.
The Board shall:
A. 
Promulgate and recommend to the Municipal Council for approval rules and regulations pertaining to the inspection, control and supervision of hazardous chemicals and materials in the City of Clifton, including fines and penalties for the violation thereof.
B. 
Promulgate and recommend to the Municipal Council for approval methods and procedures to license, regulate and control businesses and industry which deal with hazardous chemicals and materials, including fines and penalties for the violation thereof.
C. 
Report to the Municipal Council, at least semiannually, the work and accomplishments of the Board and its plan for future action.
D. 
Generally, to institute, foster and support such programs, undertakings and projects as shall make the citizens of Clifton aware of the dangers, hazards and problems concerned with the use and release of hazardous chemicals and materials and which will protect the public from the dangers and hazards relating thereto.
As used in this article, the following terms shall have the meanings indicated:
FACILITY
The same meaning and definition as that contained in federal law commonly known as "SARA," P.L. 99-499, or as contained in N.J.S.A. 13:1K-19 et seq. (Toxic Catastrophe Prevention Act), and New Jersey Worker and Community Right to Know Act (NJRTK), N.J.S.A. 34:5A-1 et seq., as they may be amended, supplemented and revised from time to time.
FIXED EXPENSES ASSOCIATED WITH THE HAZMAT BUDGET
The following definitions reflect the fixed expenses associated with the HazMat budget:
A. 
Health Officer involved in HazMat Operations: The percentage of the Health Officer's salary that is applied to HazMat operations and is based on the percentage of that officer's time spent in hazardous materials operations.
B. 
HazMat Control Board Coordinator: The percentage of the HazMat Coordinator's salary charged to the HazMat Board is equal to the time spent by the Coordinator on City of Clifton Hazmat related issues.
C. 
HazMat Control Board Secretary: The HazMat secretary's payment is a flat fee, fixed by the Municipal Council for services rendered during meetings and related to the business of the Hazmat Control Board.
D. 
HazMat Control Board Stationery: The HazMat stationery budget is for supplies and equipment used on HazMat business.
E. 
Miscellaneous: The miscellaneous budget is for required HazMat expenses other than office supplies and equipment required by the HazMat Board.
F. 
HazMat Technician Pay: 50% of the HazMat Technician pay that is set forth in the applicable collective bargaining agreement shall be paid by the HazMat budget.
G. 
Community Education Materials: The fee for the cost of materials required to educate the public about HazMat issues.
HAZARD ANALYSIS
The identification of all extraordinarily hazardous substances as listed in N.J.A.C. 7:31-6.3, and all extremely hazardous substances as defined in SARA Title III (collectively "EHS"), the corresponding approximate quantity or rate of release, potential instances or points of releases and corresponding potential causes of releases.
RISK ASSESSMENT
An estimate of a potential EHS release quantity, a projected dispersion analysis of the potential EHS release quantity and a projected consequence analysis involving the estimate of potential EHS release quantity and an estimate of the probability or frequency of the potential EHS release.
VARIABLE EXPENSES ASSOCIATED WITH THE HAZMAT BUDGET
The following definitions reflect variable expenses associated with the HazMat budget:
A. 
HazMat Training: The cost to train and retrain members of the HazMat team and varies based on usage.
B. 
HazMat Team Equipment and Supplies: These expenses include HazMat truck consumables and other HazMat supplies. Expenses vary based on usage.
C. 
HazMat Team Physicals: The cost of HazMat team physicals as required by applicable laws.
D. 
Fire Officer/HazMat Team Leader: The percentage of the HazMat Fire Officer/HazMat Team Leader's salary that is applied to the HazMat operation is based on the percentage of that Officer's time spent in HazMat-related activities and operations.
Each and every facility located within the boundaries of the City of Clifton may be required to file with the Hazardous Materials Control Board of the City of Clifton the following:
A. 
A list of reportable materials pursuant to and in accordance with 42 U.S.C. § 11021 (commonly referred to as "Section 311 of SARA Title III"), which list shall be cross referenced by the respective Chemical Abstracts Service (CAS) number, as well as the hazardous materials information system rating as described in National Fire Protection Association (NFPA) Standard 704-1980, as the same may be amended, supplemented and revised from time to time.
B. 
Copies of NJDEP Form DEQ-094 and any other reports filed either with state or federal governmental agencies pursuant to 42 U.S.C. § 11022 (commonly referred to as "Section 312 of SARA Title III"), as the same may be amended, supplemented and revised from time to time.
C. 
Copies of EPA Form R, Toxic Chemical Release Inventory Reporting Form, and DEQ- 100, both of which are filed with New Jersey Department of Environmental Protection pursuant to 42 U.S.C. § 11023 (commonly referred to as "Section 313 of SARA Title III"), as the same may be amended, supplemented and revised from time to time.
D. 
(Reserved)
E. 
Such other and further submissions relating to any or all of the above which may be requested by the Hazardous Materials Control Board, its agents and representatives.
In enforcing any of the provisions of this Chapter 45 Art. I, of the Code of the City of Clifton, as amended, revised and supplemented from time to time, the Hazardous Materials Control Board shall have the following powers:
A. 
Such powers and remedies as are provided or permitted under 42 U.S.C. § 11046(a)(2), and under any other applicable federal or state law or regulation.
B. 
Such other additional powers and remedies as may be available under any state or federal law, rule or regulation or as may be available under any other ordinances of the City of Clifton, or as may be available under common law.
In the event that any facility, as defined in this article, utilizes, produces or stores a hazardous material not included or encompassed by its original application, or utilizes, produces or stores a hazardous material in significantly larger quantities than originally utilized, produced or stored, then, prior to such utilization, production or storage, such facility shall be required to submit to the Hazardous Materials Control Board a written report detailing the change or changes for the Board's information, review and action, if necessary.
Any person, firm or corporation violating any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both. Each day that a violation continues shall constitute a separate offense.
The following formulas will be used annually to calculate the requisite fees for each facility within the City of Clifton covered under this article. Said fees shall be paid annually to the City of Clifton.
A. 
Base fee formula. A base fee formula shall be determined by dividing the fixed HazMat expenses of the City of Clifton for the previous calendar year by the total number of facilities as defined in § 45-6.
Base fee formula
=
Fixed expenses for the previous year
Total number of facilities in Clifton
B. 
Variable fee formula.
(1) 
Industrial cost. The industrial cost shall be determined by multiplying the total variable expenses by the percentage of HazMat responses for the previous calendar year.
Industrial cost
=
Total variable expenses X percentage of HazMat responses
(2) 
Cost per pound. The cost per pound shall be determined by taking the industrial cost, as determined above, and dividing by the total number of pounds of hazardous materials handled by industry in the City of Clifton as reported in the previous year's RTK Survey.
Cost per pound
=
Industrial cost
Total number of pounds reportable chemicals in Clifton
(3) 
Variable cost per facility. The variable cost per facility shall be determined by taking the cost per pound, as determined above, and multiplying by the facility's average chemical inventory (in pounds) from the inventory rate codes as noted on Part 2 of the New Jersey Community RTK survey submitted for the prior year.
Variable cost per facility
=
Cost per pound X facility's average inventory (in pounds)
C. 
Total site fee formula. The total site fee is determined by adding the results of the base fee formula and the results of the variable cost per facility, as determined above.
Total site fee formula
=
Base fee + variable cost per facility
This article is enacted pursuant to and consistent with the County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq., and the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq., and the rules and regulations adopted thereunder.
Unauthorized and unpermitted discharges of hazardous substances within the jurisdictional confines of the City of Clifton are prohibited. This article establishes procedures and protocols for emergency response and provides for the recovery of costs incurred by the City of Clifton and its approved agents in an emergency response action to unauthorized and unpermitted discharges and, as such, supplements the provisions of the Passaic County Environmental Health Work Plan as approved by the NJDEP.
The words and terms used in this article shall have the following meaning:
AGENTS OF THE COUNTY
Shall include, for purposes of this article, a municipality, public entity, or other entity which executes a Uniform Shared Services agreement with the County pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., for the purpose of providing emergency response services within the geographical boundaries of the County, provided such agreement is incorporated into the County's Work Plan pursuant to N.J.S.A. 26:3A2-33 and approved by NJDEP.
COUNTY
Means the County of Passaic, its employees, agents, officers, and officials.
DEPARTMENT or NJDEP
Means the New Jersey Department of Environmental Protection.
DISCHARGE
Means any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into the waters or onto the land of the County, or into waters outside the jurisdiction of the County when damage may result to the lands, waters or natural resources within the jurisdiction of the County.
EMERGENCY RESPONSE ACTION
Means those activities conducted by a local unit to clean up, remove, prevent, contain, or mitigate a discharge that poses an immediate threat to the environment or to the public health, safety, or welfare.
EMERGENCY RESPONSE ACTION COSTS
Means all costs reasonably incurred by the County of Passaic, its employees, Department approved agents, and contractors hired in connection with an emergency response action, including overtime costs for appropriately deployed emergency response personnel and expendable items. Excluded are costs to pay volunteer responders, and costs associated with fire fighting and police support.
EXPENDABLE ITEMS
Means any items used to prevent, mitigate or contain any discharge or threatened discharge, which cannot be reused or replenished or replaced without cost after use or employment in an emergency response action. Expendable items shall include, but are not limited to, chemical extinguishing agents, absorbents and absorbent materials, sand, recovery drums, protective equipment and clothing, including such items as disposable chemical protective suits, gloves, boots, and goggles. Items not compensable include those items typically employed to fight fires and not to mitigate a discharge.
HAZARDOUS SUBSTANCES
Means all substances included within the definition of "hazardous substances" under N.J.A.C. 7:1E-1.7, including all amendments and supplements thereto.
MUNICIPALITY
Means any of the incorporated municipalities within the County of Passaic, including their employees, officers and officials.
OWNER or OPERATOR
Means, with respect to a vessel, any person owning, operating or chartering by demise such vessel; with respect to any facility, any person or owner such facility, or operating it by lease, contract or any other form of agreement; with respect to abandoned or derelict facilities, the person who owned or operated such facility immediately prior to such abandonment; or the owner at the time of discharge.
PERSON
Means public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals, the United States, the State of New Jersey and any of its political subdivisions or agents.
RESPONSIBLE PARTY
Means a person who is in any way responsible for a discharge, including each owner and operator and any other person obligated by law to clean up and remove contaminants.
The discharge of a hazardous substance is prohibited, except this prohibition shall not apply to discharges conducted in compliance with the conditions of valid Federal or State permit or otherwise authorized, by law.
Any person who is in any way responsible for a discharge of a hazardous substance shall immediately notify the Department pursuant to N.J.A.C. 7:1E-5.3.
Any person who is in any way responsible for the discharge of a hazardous substance is liable strictly, jointly and severally for all emergency response action costs reasonably incurred by the City of Clifton, its agents, employees, and contractors, and any personal or property damage incurred by the City, its agents, employees and contractors.
The City of Clifton may initiate and conduct an emergency response action in response to a discharge that has occurred, is occurring or threatens to occur within the geographical boundaries of the County of Passaic, in accordance with the provisions of the Department's Order of Certification dated August 22, 2008.
A. 
The City of Clifton may recover all costs reasonably incurred by the City, its employees, Department approved agents, and contractors hired in connection with an emergency response action, including the overtime costs of appropriately deployed emergency response personnel costs incurred by the City in the recovery of these costs, and the costs of expendable items.
B. 
Whenever the City seeks to recover costs pursuant to Subsection A, above, the City shall send by certified and regular mail a demand letter to the responsible party or parties, which shall contain the following information. Payment shall be remitted within 45 days of receipt of the demand letter.
(1) 
The date and time of the discharge:
(2) 
The basis for liability;
(3) 
A detailed narrative description of the costs incurred by the City, its employees, agents, contractors and authorized political subdivisions in responding to the discharge;
(4) 
A calculation sheet, including hours and personnel charged, salary rates and any overhead rates;
(5) 
An explanation of the procedures to be followed to pay the costs demanded or to appeal the demand.
C. 
Whenever the City issues a demand letter to a responsible party and the responsible party fails to remit payment within 45 days as prescribed herein, the City may bring an action in a court of competent jurisdiction to recover the costs incurred in the emergency response action, reasonable litigation costs and interest on the outstanding amount due calculated from the 46th day following the receipt of the demand letter to the date judgment is rendered at the interest rate set forth in the Rules Governing the Courts of New Jersey.
Authorized representatives of the City shall have the same right as an authorized representative of the Department to enter and inspect any premises, facility, site, vessel, or building for the purpose of ascertaining compliance or non-compliance with the provisions of this article and the provisions set forth at N.J.A.C. 7:1 E-1 et seq.
A. 
This article 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.
B. 
This article shall be implemented and enforced in accordance with the terms and conditions herein set forth, the County Plan, the Department's Order of Certification dated August 22, 2008.
C. 
If any section, subsection, paragraph, sentence, clause, phrase, or word contained in this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article which shall remain in full force and effect.
D. 
This article shall be deemed to include any additions or amendments that may be required by the Commissioner of the Department of Environmental Protection as a condition of approval.
Any ordinance or portion thereof enacted by the County, any municipality, board of health, or other public entity within the County of Passaic that contains any subject matter governed by this article, which is inconsistent with or which stands as an obstacle to the effective implementation of this article shall be superseded by this article and is hereby repealed and set aside.
This article shall take effect after a public hearing and 90 days after final adoption by the Clifton Municipal Council unless disapproved by the Commissioner of the Department of Environmental Protection within said period pursuant to N.J.S.A. 26:3A2-27. The Clerk of the Municipal Council is hereby directed to publish and distribute this article in accordance with the law.