[Amended 1-3-1989 by Ord. No. 5323-89]
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.
[Amended 4-16-1996 by Ord. No. 5791-96]
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."
[Amended 3-21-2017 by Ord. No. 7363-17]
C. The Hazardous Materials Control Board will hereinafter
be referred to as "HazMat Board" or "HazMat."
[Added 11-17-1997 by Ord. No. 5932-97]
[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:
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 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.
[Amended 1-3-1989 by Ord. No. 5323-89]
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.
[Amended 3-17-1992 by Ord. No. 5576-92; 4-16-1996 by Ord. No. 5791-96]
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 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.
[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]
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.
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.
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. 7:31-2.3, 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]
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.
[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. 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.
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.
[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:
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.
[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]
A. 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.
[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.
[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.
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 Section 456.
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Base fee formula
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=
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Fixed expenses for the previous year
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---|
|
|
|
Total number of facilities in Clifton
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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.
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Cost per pound
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=
|
Industrial cost
|
---|
|
|
|
Total number of pounds reportable chemicals
in Clifton
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(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
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