[Adopted 4-12-1983 by Ord. No. 83-4]
As used in this article, the following terms
shall have the meanings indicated:
Continual uninterrupted movement through the Borough of Paramus
by the most expeditious route without stopping except for delays caused
by traffic or traffic signals.
Chemical products useful in manufacturing other products
all used as part of a chemical process or for research and development.
As defined by the BOCA Basic Fire Prevention Code - 1981,
Section 3000.3, as adopted by the Borough of Paramus, and including
liquefied petroleum gas, explosive dust, flammable and combustible
liquids and organic coatings.
A person or persons who has title to or is in control of
or in possession of real property in the Borough of Paramus.
To retain or maintain.
A.
All commercial and industrial establishments within the Borough of Paramus are required to submit an inventory detailing all hazardous substances as defined by this article to the Borough Health Office and the Fire Prevention Bureau within 30 days after the adoption of this article. Included with this inventory report shall be the plot plan and safety control chemical data sheet as per § 265-4 of this article.
B.
On the first day of each month and thereafter, the
owners of all commercial and industrial establishments shall report
any new quantities of hazardous substances that have been received.
The report shall also list the method of transportation used and outline
the delivery route employed within the Borough of Paramus. This reporting
requirement shall not apply for quantities of less than 25 pounds
or 55 gallons.
A.
The Health Subcode Official or a member of his staff shall inspect all commercial and industrial establishments within the Borough at least once a year to determine whether they require a permit as required by § 265-4 hereof and to determine the contents of:
B.
The Fire Subcode Official shall inspect at least four
times per year all commercial and industrial facilities manufacturing,
processing, handling, using or storing hazardous chemicals within
the Borough.
It is hereby determined that a permit shall
be required for the manufacturing, processing, handling, use or storage
of significant quantities of hazardous chemicals in the Borough. A
significant quantity shall be more than 220 gallons of liquids or
more than 100 pounds of any one gas or solid or combination of gases,
solids or both. This article shall not cover vehicle fuel or heating
oil or gas when stored for on-premises consumption by the owner or
lessee. This article shall not cover gasoline stations or liquor stores
or taverns. Persons required to obtain a permit shall:
A.
Obtain a permit from the Borough Clerk upon the payment
of a processing fee of $250.
[Amended 3-23-1999 by Ord. No. 99-06]
C.
Provide the Borough Health Office and Fire Prevention
Bureau each year with a plot plan of its property indicating the location
of hazardous chemical storage areas, including the location of all
stationary liquid containers and container storage areas containing
hazardous chemicals on said premises.
A.
When the required fee has been paid to the Borough
Clerk and all sections of this article have been complied with, after
review by the Fire Prevention Bureau, a permit shall be issued. The
permit shall designate the hazardous chemicals which may be stored
on the premises covered by the permit. The permit shall list the areas
in which storage of hazardous chemicals is permitted, the amount permitted
in each area and the type of storage.
B.
All application forms shall be supplied through the
Borough Clerk and filed with the Borough Clerk, who shall forward
a copy to the Borough Health Office and the Fire Prevention Bureau.
C.
All permits shall expire on December 31 of the year
in which they were issued. Changes in type and classes of hazardous
chemicals within the previously allowed total amount shall not prevent
reissuance of a permit as long as the other sections of this ordinance
are complied with.
D.
The applicant must provide with the application a fully completed safety control chemical data sheet as required by § 265-4B hereof.
E.
The applicant must also provide with the application a fully completed plot plan as required by § 265-4C hereof.
F.
The applicant shall clearly identify each storage
tank and storage area by marking it in accordance with National Fire
Protection Association (NFPA) 704-1975 Standard. Underground tanks
shall be marked on the fill or vent pipe. Drums and other container
storage areas shall be clearly marked, in accordance with the NFPA
system, in such a manner as to readily identify the hazardous chemicals
stored therein.
G.
It is the intention of this article that no permit
applicant or holder may extend its capacity to store hazardous chemicals
beyond that amount safely stored prior to the date of the introduction
of this article.
A.
All persons engaged in hazardous chemical operations
shall carry out such operations in a manner to protect the health,
safety and welfare of the public from such operations.
B.
Where strict compliance would create a hardship, the
Fire Subcode Official may accept equivalent safety protection procedures.
A.
Every permit holder shall ensure that a qualified
person shall be in charge at all times and at each and every place
where hazardous chemical operations are carried out. The qualified
person shall remain on the premises as long as the manufacture, use,
processing or handling of hazardous chemicals is being carried out
and shall return to the premises when required under emergent circumstances.
To be a qualified person, the individual shall be knowledgeable in
the chemical and physical processes utilized by the permit holder
and shall be selected, trained and designated by the permit holder.
B.
The permit holder shall furnish to the Engineer, Fire
Chief and Police Chief a list of qualified persons with their addresses
and telephone numbers to be contacted in the event of any emergent
circumstances.
A.
Explosive material, as defined in the BOCA Basic Fire
Prevention Code, is hereby prohibited within the confines of the Borough
of Paramus.
B.
Unstable (reactive) chemicals, as defined in the BOCA
Basic Fire Prevention Code and assigned a Reactivity Index of 3 or
4 according to NFPA standards, are hereby prohibited within the confines
of the Borough of Paramus. This section does not pertain to laboratory
samples of one pound. This section also does not apply to existing
operations and/or processes.
A.
Wherever hazardous chemicals in liquid form are present
in vehicles or other containers, adequate drainage or diking shall
be provided. Satisfactory provisions for neutralizing leakage or spills
of corrosive liquids shall be provided.
B.
All storage areas for all types of containers shall
comply with the appropriate provisions of the New Jersey Uniform Construction
Code and the BOCA Basic Fire Prevention Code.
C.
Each storage tank and storage area shall be clearly
marked in accordance with National Fire Protection Association (NFPA)
Standard 704 - 1975 to readily identify the hazardous chemicals stored
therein. Underground tanks shall be marked on the fill or vent pipe.
D.
Tank trucks and/or rail tank cars shall not be utilized
for storage of hazardous chemicals.
A.
All loading, unloading or transfer of hazardous chemicals
shall take place entirely on the permit holder's premises and under
the supervision of a qualified person.
B.
Liquid or bulk solid hazardous chemicals shall be
transferred from a vehicle to a storage tank and not directly to cylinders,
drums, portable tanks or similar containers, except in an emergency.
C.
All vehicles carrying hazardous chemicals shall stand
or be parked only in a secure area where they are under the care,
custody and control of a permit holder.
D.
All vehicles carrying hazardous chemicals shall be
moved expeditiously through the Borough and in accordance with local,
state and federal law on such movements. The permit holder shall provide
a qualified person who shall ensure that such movements comply with
this requirement for shipments to or from his premises.
E.
All tank trucks containing flammable or combustible
liquids shall be loaded or unloaded within two working days. All tank
trucks containing all other hazardous chemicals shall be loaded or
unloaded within three working days. If the above requirements cannot
be complied with, the Fire Prevention Bureau shall be notified immediately
for alternate procedures.
Every permit holder shall conduct hazardous
chemical operations so as to prevent the release of noxious or other
fumes, mists, dusts, vapors, gasses, odors or other emissions into
the atmosphere. Any violation of state and federal air or water pollution
or solid waste laws or regulations shall also constitute a violation
of this article.
In the event of any fire, explosion, structural
failure or other accident relating to hazardous chemicals, the permit
holder shall immediately notify the Police and Fire Departments. Such
notification shall be required notwithstanding the permit holder's
actual or anticipated ability to control the accident without affecting
public safety.
The abandonment or removal of tanks or containers
which contain hazardous chemicals shall comply with the appropriate
sections of the New Jersey Uniform Construction Code, the BOCA Basic
Fire Prevention Code or other equivalent requirements acceptable to
the Fire Prevention Bureau.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No.
06-2]
A.
The Fire Subcode Official shall give written notice
of any violation of the provisions of this article to any owner and/or
lessee who occupies premises that are subject to this article as follows:
B.
No complaint shall be filed upon proof by the owner
and/or lessee occupying such premises to the Fire Subcode Official
that the abatement or correction of the violation of the provisions
of this article has been commenced in good faith and work relating
thereto is continuing.
C.
Upon failure of the owner and/or lessee to complete the abatement or correction of the violation of the provisions of this article, then, upon the filing of a complaint by the Fire Subcode Official and conviction in the Municipal Court, the owner and/or lessee shall be subject, for each offense, to the penalties provided by § 1-15 of this Code.
A.
Upon the denial of a permit required by § 265-5, or where enforcement of any provision of this article would work a substantial financial hardship, an aggrieved party may appeal to the Hazardous Chemical Control Board, hereinafter referred to as the "Board." The Board shall hear the appeal and shall consider the health, safety and welfare of the residents of Paramus.
B.
The Board shall consist of:
(1)
A graduate chemical engineer, hereinafter referred
to as "engineer," who shall be a graduate from an accredited college
or university. The engineer shall have, in addition, at least three
years of relevant safety experience. Said chemical engineer shall
be appointed by the Mayor, with the advice and consent of the Council,
and shall serve as a consultant and shall be compensated with a fixed
annual retainer as would be set by the Mayor and Council of the Borough
of Paramus.
This article shall not apply to vehicle fuel,
heating oil and gas when stored for on-premises consumption by the
property owner and shall not apply to gasoline stations, liquor stores,
taverns or retail establishments or the use of hazardous chemicals,
as defined herein, on residential properties for noncommercial purposes.
