City of Clifton, NJ Hazardous Materials Control Board

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.

[Amended 4-16-1996 by Ord. No. 5791-96]

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."

[Amended 3-21-2017 by Ord. No. 7363-17]

The Hazardous Materials Control Board will hereinafter be referred to as "HazMat Board" or "HazMat."

[Added 11-17-1997 by Ord. No. 5932-97]

§ 45-2 Membership; alternate members.

[Amended 1-3-1989 by Ord. No. 5323-89; 7-5-1989 by Ord. No. 5360-89; 9-25-1989 by Ord. No. 5371-89; 6-19-1990 by Ord. No. 5419-90; 3-17-1992 by Ord. No. 5576-92; 4-16-1996 by Ord. No. 5791-96; 3-21-2017 by Ord. No. 7363-17]

Said Board shall consist of 14 members, as follows:

One member from the Municipal Council, appointed by it.

One member from the Environmental Protection Commission, recommended by that Commission, and approved by the Municipal Council.

One member from the Office on Emergency Management, to be recommended by that office, appointed by the Municipal Council.

One member from the public, appointed by the Municipal Council.

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.

Three members and one alternate from the chemical manufacturing industry, preferably from Clifton chemical industries, shall be appointed by the Municipal Council.

One member from the media appointed by the Municipal Council.

One member and one alternate member from the local business community shall be appointed by the Municipal Council.

§ 45-3 Terms of office; vacancies.

[Amended 1-3-1989 by Ord. No. 5323-89]

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.

[Amended 3-17-1992 by Ord. No. 5576-92; 4-16-1996 by Ord. No. 5791-96]

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.

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.

§ 45-4 Organization within one month of establishment; temporary officers.

The Board shall organize within one month after the entire Board is established pursuant to this chapter. It shall select a temporary Chairman and Secretary to serve until permanent officers are established pursuant to bylaws thereafter adopted.

§ 45-5 Powers and duties.

The Board shall:

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.

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.

Report to the Municipal Council, at least semiannually, the work and accomplishments of the Board and its plan for future action.

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.

§ 45-6 Definitions.

[Added 3-21-1989 by Ord. No. 5346-89; amended 6-19-1990 by Ord. No. 5419-90]

As used in this chapter, 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.

[Amended 11-17-1997 by Ord. No. 5932-97]

FIXED EXPENSES ASSOCIATED WITH THE HAZMAT BUDGET

The following definitions reflect the fixed expenses associated with the HazMat budget:

[Added 11-17-1997 by Ord. No. 5932-97]

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.

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.

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.

HazMat Control Board Stationery: The HazMat stationery budget is for supplies and equipment used on HazMat business.

Miscellaneous: The miscellaneous budget is for required HazMat expenses other than office supplies and equipment required by the HazMat Board.

NJRTK AND SARA Title III Report Data Entry: The fee for part-time data entry of New Jersey Right to Know (NJRTK) and Superfund Amendment and Reauthorization Act of 1986 (SARA) data.

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. 7:31-2.3, 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:

[Added 11-17-1997 by Ord. No. 5932-97; amended 3-21-2017 by Ord. No. 7363-17]

HazMat Training: The cost to train and retrain members of the HazMat team and varies based on usage.

HazMat Team Equipment and Supplies: These expenses include HazMat truck consumables and other HazMat supplies. Expenses vary based on usage.

HazMat Team Physicals: The cost of HazMat team physicals as required by applicable laws.

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.

§ 45-7 Materials to be filed.

[Added 3-21-1989 by Ord. No. 5346-89; amended 4-16-1996 by Ord. No. 5791-96; 2-1-2000 by Ord. No. 6114-00; 3-21-2017 by Ord. No. 7363-17]

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 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.

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.

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.

(Reserved)

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.

§ 45-8 Enforcement; additional powers and remedies.

[Added 3-21-1989 by Ord. No. 5346-89; amended 4-16-1996 by Ord. No. 5791-96]

In enforcing any of the provisions of this Chapter 45 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:

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.

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.

§ 45-9 Review of permits.

[Added 3-21-1989 by Ord. No. 5346-89; amended 6-19-1990 by Ord. No. 5419-90; 4-16-1996 by Ord. No. 5791-96]

In the event that any facility, as defined in this chapter, 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.

§ 45-10 Violations and penalties.

[Added 3-21-1989 by Ord. No. 5346-89]

Any person, firm or corporation violating any provision of this chapter 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.

§ 45-11 Fees.

[Added 8-6-1991 by Ord. No. 5522-91; amended 4-16-1996 by Ord. No. 5791-96; 11-17-1997 by Ord. No. 5932-97]

The following formulas will be used annually to calculate the requisite fees for each facility within the City of Clifton covered under this chapter. Said fees shall be paid annually to the City of Clifton.

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 Section 456.

	Base fee formula	=	Fixed expenses for the previous year
			Total number of facilities in Clifton

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)

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