HomeMy Public PortalAboutOrd. 05-36
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Councilman
Presents the following Ordinance Seconded by Councilman
ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 128 ENTITLED
FIRE PREVENTION OF THE CODE OF THE BOROUGH OF CARTERET
BE IT ORDAINED BY THE Mayor and Council of the Borough of Carterct
("Borough") as follows:
Section 1.
Chapter 128, entitled FIRE PREVENTION is hereby amended and
supplemented to create a new Article V to be entitled "Control of
Hazardous Substances" to read as follows:
128-34. PURPOSE AND SCOPE.
It is the Purpose and Scope of this Article to properly identify all areas of potential risk to
life, propeliy, the environment and the surrounding community that may be caused by the
use and storage of hazardous materials and chemicals within the Borough of Carteret. In
doing so, the Borough is seeking to address the need for adequate emergency response
plarming to include the establishment of a direct line of communication between private
industries that use and store hazardous materials and municipal emergency service
personnel.
Moreover, it is the intent of this Aliicle to insure that the Borough possess the necessary
resources required to enhance and maintain its ability to respond to the public health
threat posed by the use and storage of hazardous materials and to enabJe the Borough to
address incidents related thereto with the most efficient deployment of life safety,
suppression and mitigation techniques. Additionally, it is the Borough's intent to provide
its emergency response workers with the most up to date training in the ever-changing
world of hazardous materials and to better identify future needs in the areas of specialized
training and equipment and to apply the knowledge, skills and abiJities of its personnel to
effectively manage both small and large-scale incidents.
128-35. ADMINISTRATION AND ENFORCEMENT.
Enforcement; Inspections; Definitions; Reports.
A. This ArticJe is hereby established to effectively control hazardous materials. This
chapter shall be enforced by the Local Enforcing Officer.
B. The Local Enforcing Officer shall inspect, at least once each year, all facilities
manufacturing, processing, handling, using or storing hazardous materials within
the Borough. He shall also make such additional inspections as are reasonably
necessary to obtain compliance with the provisions of this Article.
C. After each inspection under this Article, a written report is to be submitted by
each inspector to the Local Enforcing Officer, which report shall include, but not
be limited to, any violations discovered and actions taken conceming same. The
Local Enforcing Officer shall prepare a quarterly written repOli.
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D. The LocaJ Enforcing Officer shall bave the power, where there is or appears to b
an imminent hazard affecting the life or safety of the public or property involvin
hazardous materials, to declare an emergency and order an appropriate remedy iJ
light of the emergent circumstances. In such an emergency, he shall have th
power to order the suspension of the hazardous materials operation. The metho
of suspension shall pose no threat to the public and shall be subject to th
approval of the Local Enforcing Officer. The suspension period shall be only a
Jong as the emergency exists.
128-36. DUTIES OF OWNERS AND LESSEES OF APPLICABLE PROPERTY.
Each owner and/or lessee, which shall include individuals, partnerships, corporations
and/or other business entities that own or lease property and/or structures wherein and
whereon hazardous materials and/or chemicals are manufactured, processed, handled,
used or stored in any manner, shall:
A. Have a permit as required under section 128-37 and dispJay it, upon request, to
the Local Enforcing Officer.
B. Provide MSDS to the LocaJ Enforcing Officer annually as requested with a floor
plan or plot plan of its property, indicating the location of hazardous materials
and/or chemical storage areas.
128-37. PERMITS.
A. Permit required. It is hereby determined that a permit shall be required for the
manufacturing, processing, handling, use or storage of hazardous materials. The
fee for such permit shall be as set forth in Schedule I, attached hereto and made a
part hereof. When the required fee has been paid to the Local Enforcing Officer or
other designated official and the other sections of this chapter have been eomplied
with, a permit shall be issued. The permit shall list, by type and class, the
hazardous materials that may be stored on the premises çovered by the permit. For
each type and class of hazardous materials, the pelmit shall list the areas in which
storage of such hazardous materials is permitted, the amount permitted in each
area and the type of storage, such as (by way of example and not limitation)
underground tank, aboveground tank, or fifty-five (55) gallon drum. The type or
class of hazardous materials stored in a given area shall not be changed to a
different type or to a more hazardous class without written notice to the LocaJ
Enforcing Officer at least forty-eight (48) hours before the change.
B. Application for permit; expiration; information to be provided.
(I) The applicant must provide the Local Enforcing Officer with a fully
completed MSDS as required by subsection 128-36B
(2) The applicant must aJso provide the Local Enforcing Officer upon request
with a fully completed Hazardous Materials Management PJan (HMMP)
in accordance with New Jersey Uniform Fire Code.
(3) The applicant shall clearly identify each storage tank, vessel and storage
area by marking it in accordance with National Fire Protection Association
(NFP A) 704 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 NFP A system, in such a manner as to
readiJy identify the hazardous materials stored therein.
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(4) It is the intention of this Article that no permit appJicant or holder ma
store hazardous materials in excess of the amount safeJy stored during th
twelve (12) month period prior to the date of the introduction of thi
chapter: The penllit hoJder shall be permitted to build fixed tanks for th
storage of inventory formerly stored in non-fixed containers..
(5) All buildings and other structures in or upon which hazardous materials
are used or stored shall be clearly marked on or about the principal
entrance in accordance with the NFP A 704 Standard placed on a fifteen
(15) inch pJacard with six (6) inch signals. The Local Enforcing Officer
may determine that any additional entrances must be marked in a similar
fashion. Determinations of the relative hazards shall be made by the Local
Enforcing Officer. It shall be the responsibility of the permit holder to
post, maintain and update the placards as needed and to remove them upon
vacating the premises of chemical storage. Tan1pering with the placards
shall be a violation of this chapter.
128-38 REQUIRED CONTROL PROCEDURES AND REGULATIONS.
A. General.
(I) 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 ¡Yom such operations.
(2) All persons engaged in hazardous chemical operations shall comply with
the requirements and the standards set forth in this chapter. The LocaJ
Enforcing Officer may accept equivalent protection where strict
compliance would create a hardship.
B. Specific compliance. Every person engaged in hazardous chemicaJ operations
shall:
(I) Comply with the Building Code, Fire PrevqItion Code, New Jersey
Uniform Fire Code, Electrical Code, Plumbing Code, Sewer Code and
such other codes and standards that have been or may be adopted.
(2) CompJy with the National Fire Codes or such codes relating to the
hazardous chemical operation as shall be approved by the Local Enforcing
Officer. Any person desiring to utilize a standard not approved by the
LocaJ Enforcing Officer shall notify him and suppJy a copy of such code
or standard to the Local Enforcing Officer for his approval.
(3) Comply with State laws and regulations and Federal laws and regulations
protecting pubJic safety and health ¡Yom hazardous materials.
C. QuaJified personnel.
(I) Every permit hoJder 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 materials is being carried out and shall retum to the premises
when required under emergent circumstances. To be a qualified person,
the individual shall be knowledgeabJe in the chemical and physical
processes utilized by the penllit holder and shall be selected, trained and
designated by the permit holder.
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(2) The permit holder shall fumish to the Local Enforcing Officer, a list of
qualified persons, with their addresses and telephone numbers, to be
contacted in the event of any emergency circumstances.
D. Storage and Transfer Areas.
(1) Wherever hazardous materials are present in vehicles or aboveground
tanks or other containers, adequate drainage or containment shall be
provided. Satisfactory provisions for the prevention, control and
countermeasures for leakage or spills of hazardous materials, including a
written plan, shall be provided.
(2) All storage areas for drums, carboys, barrels, bags, cylinders and all other
types of containers shall comply with the appropriate provisions of the
New Jersey Uniform Construction Code, the Fire Prevention Code and
nationally and/or locally recognized standards.
(3) Each storage tank and storage area shall be clearly marked in accordance
with Section l28-37B(3), and l28-37B(5) of this A1iicle.
(4) All underground storage tanks containing hazardous materials shall be
tested by nationally recognized standards within two (2) years of the
adoption of this Article and at two (2) year intervals thereafter, unless
other legal requirements impose a more stringent testing protocol. All
aboveground tanks shall be inspected, including testing for leaks to
nationally recognized standards, as the Local Enforcing Officer may
reqUIre.
(5) Tractor-trailers, tank trucks, portable containers, or any other vehicle, shall
not be utilized for the storage of hazardous materials.
E. Loading, Unloading and Transfer.
(1) All loading, unloading or transfer of hazardous ,materials shall take place
entirely on the permit holder's premises and under the supervision of a
qualified person.
(2) All vehicles calTying hazardous materials shall stand or be parked only in
a secure area where they are under the care, custody and control of a
permit holder.
(3) All vehicJes containing hazardous materials shall be loaded or unloaded
within two (2) working days. If the above requirements cannot be
complied with, the Local Enforcing Officer shall be notified immediately
by telephone.
(4) A person who loads or unloads hazardous materials shall comply with the
applicable Federal laws and regulations.
F. Buildings and Equipment.
(1) In every building and structure where hazardous chemicaJ operations are
carried out, there shall be not less than two (2) approved independent
exitways servicing every floor area and Jeading to less hazardous
locations. Stairways shall be enclosed. All exitways and stairways shall
meet the construction requirements of the New Jersey Uniform
Construction Code' and the maintenance requirements of the 10caJ Fire
Prevention Code and New Jersey Uniform Fire Code.
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(2) Enclosed areas where hazardous chemical operations are carried out shall
be provided with an approved automatic sprinkler or other appropriate
protection in accordance with the New Jersey Uniform Construction Code
under approved supervision.
(3) Explosion venting shall be provided where hazardous chemical operations
are carried out as required by the New Jersey Unifom1 Constmction Code.
(4) All boilers and pressure vessels associated with hazardous chemical
operations shall be in current compliance with applicable State law and
regulations. Á11y such boiler or pressure vessel not in current compliance
shall be declared an imminent hazard in accordance with subsection 13-
I. J and shall be brought to atmospheric pressure and emptied of its
contents forthwith, with due regard for the safety of the pubJic.
(5) AJJ existing buiJdings and structures and their equipment, tanks, process
equipment, and all other facilities used for or associated with hazardous
chemical operations shaH be brought into and maintained in compJiance
with Federal, State and local public safety laws, regulations or nationaHy
recognized standards within two (2) years from the effective date of this
chapter. Plans for compliance with the requirements may include an
increase in the quantity of hazardous materials permitted to be stored
when the Local Enforcing Officer has determined that such an increase
shaH contribute to significantly reducing the exposure of the public to
hazardous materials. All such plans shaH be submitted for approval to the
Local Enforcing Officer and as required by ordinance.
(6) All containers containing hazardous waste, oil, waste oil or oil-coated
products stored outside shall be kept on an impervious surface, such as
concrete, lined, if necessary, with adequate provisions made to control
leakage and spillage. All unusable or otherwise unsafe drums, barrels,
carboys or other containers used for the storage or transportation of
materials shall not remain on a premises for more than ninety (90) days
without authorization from the Local Enforcing Officer. Any containers
intcnded for reuse must have all prior labels reinoved, be appropriately
cleaned and be identified with the new intended use and shaH be stored in
a safe manner.
G. Pollution.
Every permit holder shaH conduct hazardous chemical operations so as to prevent
the release of noxious or toxic fumes, mists, dusts, vapors, gases, odors or other
emissions into the atmosphere and Jiquid or soJid wastes to the ealih or natural
waters. Any violation of State and Federal air or water poHution or soJid waste
Jaws or regulations shall also constitute a violation of this chapter. The cleanup of
leaks or spiJJs shall be the responsibility of the permit holder or the owner.
H. Emergency notification.
In the event of any fire, expJosion, structural failure or other unplanned or
accidental release relating to hazardous materiaJs, the permit holder shaH
immediately notify the Police and Fire Departments, who will in turn notify the
Local Enforcing Officer. Such notification shall be required, notwithstanding the
penllit holder's actual or anticipated abiJity to control the accident without
affecting public safety.
1. Training.
Each person who carries out hazardous chemical operations shaH instmct each of
his officers, agents and employees having any responsibiJity for such operations as
to applicabJe requirements in this chapter.
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J. Abandonment or Removal of Tanks.
The abandonment or removal of tanks which contain hazardous materials shall
comply with the appropriate sections of the New Jersey Uniform Constmction
Code, the Fire Prevention Code OT such otheT equivalent requirements acceptable
to the Local Enforcing Officer.
128-39. MAINTENANCE OF TRADE SECRETS.
Responsibility of Local Enforcing Officer.
The Local Enforcing Officer shall use all reasonable means to see that information
clearly designated by an applicant or permit hoJder as a trade secret is maintained as
such. Such infonllation shall be used by the Local Enforcing Officer and such experts
as are utilized by the Borough on a need-to-know basis in order to perform their duties.
Such information shall not be made available to other persons unless clearly required
by an emergency situation.
128-40 PENALTIES; VIOLATIONS; APPEALS.
A. Continuance Deemed Separate VioJation.
Every day that the provisions of this Article are being violated by an owner and/or
lessee of any building or location shall constitute a separate and distinct violation
of this ArticJe.
B. Violations and Penalties.
(I) Service of Notice. Any person, firm or corporation who shall, as principal
or agent, violate any of the provisions of this chapter and shall fail, within
fifteen (I5) days after notice of a violation complained of, served
personally or by certified mail, to abate the violation shall, upon
conviction thereof, be liable to the penalty. Each and every day of the
continuation of the violation following the fifteenth (l5) day after notice
requiring its abatement shall be considered ,a separate and specific
violation of this Article.
'<'\
(2)
Extension of Time Limit. The Local Enforcing Officer, upon proof by the
owner and/or lessee, may, in his discretion, extend the fifteen (15) day
time limit to abate if he determines that the violator is making good faith
efforts to abate the violation.
128-41. APPEALS.
A. An application for appeal must be submitted to the Mayor and Council within
seven (7) days of the date of notice or order of the Local Enforcing Officer. All
appeals to the Mayor and Council shall be accompanied by a fee of two hundred
($200.00) dollars.
B. The Mayor and Council shall make its decision within thirty (30) days of the
receipt of the appeal.
C. Any prosecution in Municipal Court dealing with the subject matter of the appeal
shall be stayed pending the outcome of the appeal.
128-42. APPLICABILITY.
A. Specific situations; exemptions.
(I) This Article shall not apply to vehicle and/or cooking or heating fuels
when stored for on-premises consumption by the owner or tenant.
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(2) This Article shall cover nonresidential use, inc1uding the sale of liquefied
petroleum gas.
(3) This Á1iicJe shall not cover gasoline stations, liquor stores or tavems,
retail dry-c1eaning plants, nor shall the chapter cover the use of hazardous
materials on residential properties for noncommercial purposes.
(4) The required control provisions of Section l28-38 shall apply to any
industry using or storing hazardous materials or hazardous or petroleum
waste if determined to be a hazard by the Local Enforcing Officer.
(5) This Article shall apply to the bulk storage of Level III aerosol products,
including those in consumer packaging, as defined in Factory Mutual
Standard 7-29S, which is hereby adopted by reference.
(6) This Artic1e shall not apply to Firefighting or suppression equipment as
defined by NFP A.
128-43. REIMBURSEMENT FOR USE OF SERVICES AND EQUIPMENT FOR
SPILLS, LEAKS AND FIRES.
A. Definitions.
As used in this section, and as may be applicable to the balance of this Article, the
following terms shall have the meanings indicated:
(I) Expendable items shall mean any items used to extinguish any fire or stop
or contain any leak of spill involving any hazardous material which cannot
be reused or cannot be replenished without cost after that particular fire,
leak or spill. These inc1ude but are not restricted to firefighting foam,
chemical extinguishing agents, absorbent material, sand, recovery dnIms
and speciaJized protective equipment, to include but not be restricted to
acid suits, acid gloves, goggles and protective c1othing.
(2) Hazardous material shall mean any material soJid, liquid or gas listed as
such under the current National Fire Protection Association Guide to
Hazardous Materials or U.S. Department of Transportation Emergency
Response Guide Book or any other material that the Local Enforcement
Officer at the scene classifies as such in order to protect the pubJic safety,
health or environment under the emergency conditions present.
(3) Vehicle shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcyc1es, trucks, tractor-
trailers, construction equipment.
(4) Vessel shall mean any container, drum, box, cylinder, tank, tanker truck,
and/or similar storage mechanism, whether fixed or mobile, used to hold,
contain, carry or store any hazardous material.
B. Purpose.
(1) This section provides for the replacement or reimbursement of the
specialized and sometimes non-reusable equipment required by State and
Federal reguJations to be made availabJe in the Borough in case of fire,
leakage or spillage invoJving any hazardous material.
(2) This section entitles the Local Enforcing Officer to reimbursement for any
expendable items used by the by the Carteret Fire Department or any of its
agencies in extinguishing any fire, stopping or containing any leak or
controlling any spill of hazardous materials.
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C. Responsibility for Reimbursement for Expendable Items. Reimbursement to the
Local Enforcing Officer for any expendable items used shall be made by the
foJlowing parties.
(I) The owner or operator of any vehicle responsible for any fire, leak or spiJl
of hazardous material.
(2) The owner or person responsible for any vessel containing hazardous
material involved in any fire, leak or spil1 on public or private property,
whether stationary or in transit, whether accidental or through negligence.
(3) The owner or person responsible for any propeliy from which any leak or
spiJl of hazardous material emanates, whether accidental or through
negligence.
(4) Any person responsible for any fire, leak or spill of hazardous material on
public or private property, whether accidental or through negligence.
D. Reimbursement for Services.
Any person or company responsible for any fire, leak or spiJl involving a
hazardous material must provide reimbursement for services rendered by any
recovery company, towing company or other technical assistance called for by the
Fire Department to handle such incident.
E. Time Limit for Payment.
Á11y person, owner or company responsible for any fire, leak or spill of hazardous
material shaJl reimburse the Fire Department for the fuJl price of any expendable
items used to extinguish such a fire, stop or contain such a leak or control such a
spill within a period of forty-five (45) days after receipt of a biJl for such items
from the Fire Department
F. Violations and Penalties.
Any person, owner or company responsible for any fire, leak or spill of hazardous
materials who fails to reimburse the Fire Department within the time set forth in
this Article shaJl be subject to a fine of not less than fifty ($50.00) dollars nor
more than five hundred ($500.00) doJlars per day or to imprisonment for a period
of not more than six (6) months, or both.
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PAGE 9 of 9
Section 3.
An ordinances and/or provisions thereof inconsistent with the provision of
this Article shan be and are hereby repealed as to the extent of any such
inconsistencies, except however should another municipal ordinance
contain provisions which are more restrictive then those set forth in this
Article, the more restrictive provision shan apply.
Section 4.
lf any section, subsection, part, clause or phrase of this Article shan be
declared invalid by judgment of any Court of competent jurisdiction, the
section, subsection, part, clause or phrase shan be deemed to be severable
from the remainder of this Article.
Section 5.
This Article shall take effect upon passage and publication according to
applicable law.
COUNCILMAN
DO NOT ~~E SPACE ßELOW THIS LINE
RECORD OF COUNCIL VOTE
YES NO NV A.B. COUNCILMAN
X
L_
X
YES NO NV A.B.
~T T TNO
DIAZ
KRUM
X
X
X
x - Indicate VoLe As - Abselll NV N V· XOR
- 01 otlng - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Cannet, N.J., un June 16 , 2005
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Affidavit of Publication
Publisher's Fee $514.80
State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared
JON IRAGGI
Affidavit Charge $20.00
of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said
County and State, and of general circulation In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 (ONE) times, once In each Issue, as follows
6/21/05.
.IFAN 0, JOHNSON
~IQTð9Y PUBLIC Or NEW deRSC\'
MY COMMISSION EXPIRES FEB, 22,2010
BOROUGH OF CARTERET
ORDINANCE #05-36
ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 128 EN-
TITLED FIRE PREVENTION OF THE CODE OF THE BOROUGH OF
CARTERET
BE IT ORDAINED BY THE Mayor and Council of the Borough of Carteret
("Borough") as follows:
Section 1. Chapter 128, entitled FIRE PREVENTION is hereby amended and
supplemented to create a new Article V to be entitled "Control of
Hazardous Substances" to read as follows:
128-34. PURPOSE AND SCOPE.
It is the Purpose and Scope of this Article to properly identify all areas of
potential risk to life, property, the enVironment and the surrounding commu-
nity that may be caused by the use and stora¡;;¡e of hazardous materials and
chemicals within the Borough of Carteret. In dOing so, the Borough IS seeking
to address the need for adequate emergency response planning to include the
establishment of a direct line of communication between private Industries
that use and store hazardous materials and municipal emergency service
Me~~~~~e~l: it is the intent of this Article to insure that the Borough possess the
necessary resources required to enhance and maintain its ability to respond
to the public health threat posed by the use, and storage of hazardous
materials and to enable the Borough to address incidents related thereto with
the most effiCient dep:oyment of life safety, suppression ",nd m'tlgatl::>n
techniques. Additionally, it is the Borough's intent to provide its emergency
response workers with the most up to date training in the ever-changing world
of hazardous materials and to better identify future needs in the areas of
specialized training and equipment and to apply the knowledge, skills and
abilities of its personnel to effectively manage both small and large-scale
incidents
128-35. ADMINISTRATION AND ENFORCEMENT.
Enforcement; Inspections; Definitions; Reports.
A. i~l~ ¿h~~fe~s s~:;lf~~ ees~rob~~~~e~:oth~ft~~"ailt~f~~~~~ hôffÎ~~~uS materials.
B. The Local Enforcing Officer shall inspect. at least once each year, all
facilities manufacturing, processing, handlmg, using or storing hazardous
materials within the Borough He shall also make such additional inspec-
tIOns as are reasonably necessary to obtain compliance with the provIsions
of this Article
C. After each inspection under this Article. a written report is to be submitted
by each Inspector to the Local Enforcing Officer, which report shall include,
but not be limited to, any violations discovered and actions taken concern-
Ing same. The Local Enforcing Officer shall prepare a quarterly Written
report.
D J~eb;o~~1 f~~r~~nn~ ~f~i~::dS~f~~~f¡~e trhePIT~e6rw~:re~:h~~et~eO~~bf¡¿a~~
property involving hazardous materia~s, to declare an emergency and order
an appropriate remedy In light of the emergent circumstances. In such an
~~z~r~"'onuc¿'m~ier~~I~1I o~:~;ti~~e ~~W~et~Oodor~fe~u;~~n;i;~e~s~lln p~~e t~~
threat to the, public and shall be subject to the approval of the Local
Enforcing Officer, The suspension period shall be only as long as the
128:~6~rßÜT&Sx::>~s'OWNERS AND LESSEES OF APPLICABLE PROPERTY.
Each owner and/or lessee. which shall include individuals, partnerships,
corporations and/or other business entities that own or lease property
and/or structures wherein and whereon hazardous materials and/or chemi-
cals are manufactured, processed. handled. used or stored in any manner,
shall
A Have a permit as required under section 128-37 and displðY it. upon
request, to the Local Enforcing Officer
S, Provide MSDS to the Local Enforcing Officer annually as requested with a
floor plan or plot plan of ItS property, indicating the iocðtlon of hazardous
materials and/or chemical storage areas.
128-37. PERMITS.
A Permit required. It is hereby determined that a permit shall be required for
the manufacturing, processing, handling, use or storage of hazardous
(Page 1 of #41038 )
AD., 2005
rn and subscribed before m
21st day of June, A.D.. 2005
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materials. The fee for such permit shall be as set forth in Schedule I.
attached hereto and made a part hereof. When the required fee has been
paid to the Local Enforcing Officer or other designated official and the
_ other sections of this chapter have been complied with, a permit shall be
- issued. The permit shall list, by type and class, the hazardous materials that
may be stored on the premises covered by the permit. For each type and
class of hazardous materials, the permit shall list the areas in which storage
of such hazardous materials is permitted, the amount permitted in each
area and the type of storage, such as (by way of example and not
limitation) underground tank, aboveground tank, or fifty-five (55) gallon
drum. The type or class of hazardous materials stored in a given area shall
not be changed to a different type or to a more hazardous class without
written notice to the local Enforcing Officer at least forty-eight (48) hours
before the change.
B. Application for permit; expiration; information to be provided.
(1) The applicant must provide the Local Enforcing Officer with a fully
completed MSDS as required by subsection 128-36B.
(2) The applicant must also provide the Local Enforcing Officer upon
(~1X~~) v¡~t~~c~~~~~em,f:f~e~e~aJ~~~~~s U~i~~~~I{ir~aë~~~ment Plan
(3) The applicant shall clearly identify each storage tank, vessel and
À~~~ac~:t¡~~(~Ëp~r~b1 J\~~d;rCd~r3~d~~g~~~hn~~~I~k:ls~~li b~o~eacr~~d
on the fill or vent pipe. Drums and other container storage areas shaH
be clearly marked" in accordance with the NFPA system, in such a
manner as to readily Identify the hazardous ,materials stored therein
(4) It is the intention of this Article that no pencil applicant or holder may
store hazardous materials in excess of the amount safely stored during
the twelve (12) month period prior to the date of the Introduction of
~~~s t~~aft~:~¡eh~ft;lrv~~t~~df~r~e~\~ bset6r~dmii~t~~~~i~eUJ'~~~tea~n~r~~s
(5) All buildings and other structures in or upon which hazardous materials
are used or stored shall be clearly marked on or about the principal
entrance in accordance with the NFPA 704 Standard placed on a
fifteen (15) inch placard with six (6) inch signals. The local Enforcing
Officer may determine that any additional entrances must be marked
in a similar fashion. Determinations of the relative hazards shall be
made by the local Enforcing Officer. It shall be the responsibility of the
permit holder to post maintain and update the placards as needed and
to remove them upon vacating the premises of chemical storage.
128-38 ~ErpfJ{~~ w¿t8J~R8~pÁ~scEPD~&ESa A~o¿a~EGÜf~iìo~s~ter.
A. General.
(1) All persons enga~ed 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.
(2) All persons engaged in hazardous chemical operations shall comply
with the requirements and the standards set forth In this chapter. The
local Enforcing Officer may accept equivalent protection where strict
compliance would create a hardship.
B. Specific compliance. Every person engaged in hazardous chemical opera-
tions shall.
(1) Comply with the Building Code, Fire Prevention Code, New Jersey
Uniform Fire Code. Electrical Code. Plumbing Code. Sewer Code and
such other codes and standards that have been or may be adopted.
(2) ~~z~~<'!ou~it~h~~ic~ft~;:~a[¡~~ ~~d;~a~r b~c~p~~~::d r~atin~e t~o~a~
Enforcing Officer. Any person desiring to utilize a standard not ap-
proved by the Local Enforcing Officer shall notify him and supply a
copy of such code or standard to the local Enforcing Officer for his
approval
(3) 3~~P~0V:~~hti~~a~~~~~~aaf~fyr:~dlÎ-.t~~ïth Î~~~h~~~~~~~s ~~~e:i~f~'a-
C. Qualified personnel.
(1) Every permit holder shall ensure that a qualified person shaH be in
charge at all times and at each and every, place where hazardous
chemical operations are carried out, The qualified person shail remain.
h~nà~~g r:;feh;::;d;~S ~~fer'¡~ls t~ebein~n~~~;i~J~u~~~'d ~h~7,ers:~~~n t~
the p':remises when required, under emergent circumstances. To be a
qualified person, the individual shall be knowledgeable In the chemical
~~I~cr;J,s~~:\n~~o~~~s~~s~~~Zt~~ ~; t~hee p~~~itlth~I~I~r~r and shall be
(2) The permit holder shall furnish to the local Enforcing Officer, a list of
qualified persons. with their addresses and teJephone numbers. to be
contacted in the event of any emergency Circumstances.
D. Stor~e and Transfer Areas
( 1) tan~~e~~r o~~~~rg~~tSai~:rt:,r~~~~~~t~r ~~~inta~e voerh ~c~~~ai~ ~~~~~~~~~~
provided. Satisfactory provisions for the prevention, control and coun-
termeasures for leakage or spilts of hazardous materials, including a
written plan, shall be provided
(2) All storage areas for drums, carboys. barrels. bags, cylinders and all
other types of containers shall comply with the appropriate provisions
C~~~ea~de~a~i~~:K. ~~~/~ l;coaïl~trruec.:t~~~i~dd;ia~hd~r~I~.e Prevention
(3) Each storage tan~ and storage area shall be clearly marked in
accordance with SectIOn 128-37B(3), and 128-37B(5) of this Article
(4) All underground storage tanks containing hazardous materials shall be
tested by nationally recognized standards within two (2) years of the
adoption of this Article and at two (2) year intervals thereafter. unless
~b~~~~~~~ln~t~~~~~;g~fl i~[i::;p:cTe~r.e i~~~nâ1~nt tt;:t~,~: f~;~~~~~ ~~
nationally recognized standards, as the Local ~nfOrClng Officer may
require.
(5) Tractor-trailers, tank trucks, portable containers, or any other vehicle,
shall not be utilized for the storage of hazardous materials.
E Loading, Uploading and Transfer.
(1) All loading, unloading or transfer of hazardous materials shall take
place entirely on the permit holder's premises and under the supervi-
sion of a qualified person.
(2) All vehicles carrying hazardous materials shali stand or be parked oniy
in ð secure area where they are under the care, custody and control of
a permit holder.
(3) AU vehicles containing hazardous materials shall be loaded or unloaded
~~~I~li:;;t~vit~,) theOL~~:1 ~~foSrCi'~gt~ffi~~;~haíie~I~~7iW~Jsi~~~~?~te~~
by telephone
(4) A person who loads or unloads hazardous materials shall comply with
the applicable Federal laws and regulations.
F. Buildings and Equipment
(1) In every bUilding and structure where hazardous chemical operations
~~depcea~~I:~t ~~i\'w~~;r~erSv7~i~g b~ve~~t fi;~~ ':~eaan a~~0Ie~2Jin~Pf~0,~~~
hazardous locations, Stairways shall be ,enclosed. All exitways and
stairways shall meet the construction reqUirements of the New Jersey
1~~~7F~eCP~:~~~~i~~n c~~~e a~~d Nt~~ ~~~~t;nua::i7~r~f:-~~~e'é~~¿~ of the
(2) Enclosed areas where hazardous chemical operations are carried out
shall be provided with an approved automatic spnnkler or other
appropriate protection in accordance with the New Jersey Uniform
Construction Code under approved supervision
(3) Explosion venting shall be provided where hazardous chemical opera-
tions are carried out as required by the New Jersey Uniform Construc-
tion Code
(4) All boilers and pressure vessels associated with hazardous chemical
(Page 2 of #41038 )
operations shall be in current compliance with applicable State law and
regulations. Any such boiler or pressure vessel not in current compli-
ance shall be declared an Imminent hazard In accordance with subsec-
tion 13-1.1 and shall be brought to atmospheric pressure and emptied
of its contents forthwith, with due regard for the safety of the public
(5) All existing buildings and structures and their equipment, tanks, pro-
cess equipment. and all other facilities used for or associated with
hazardous chemical operations shall be brought Into and maintained,
in compliance with Federal, State and local public safety laws, regula-
tIOns or nationally recognized standards within two (2), years from the
effective date of this chapter. Plans for compliance wIth the require-
ments may include an increase in the quantity of hazardous materials
permitted to be stored when the Local Enforcing Officer has deter-
mined that such an Increase shall contribute to significantly reduCing
the exposure of the public to hazardous materials..AII suc~ plans shall
be submitted for approval to the Local Enforcing Officer and as
required by ordinance.
(6) All containers containing hazardous waste, oil, waste oil or oil-coated
products stored outside shall be kept on an impervIOus surface, such
as concrete, lined, if necessary, with adequate provisions made to
control leakage and spillage. All unusable or otherwise unsafe drums.
barrels, carboys or other containers used for the storage or transpor-
tation of materials shall not remain on a premises for more than ninety
(90) days without authorization from the Local Enforcing Officer. Any
containers Intended for reuse must have all ~rior labels removed, be
:~~lío~;i~~~7edlr;~e~af~dm~en~~~~tified with t e new intended use and
G. Pollution
Every permit holder shall conduct hazardous chemical operations so as to
prevent the release of noxious or toxic fumes, mists, dusts, vapors, gases,
odors or other emissions into the atmosphere and liquid or solid wastes to
the earth or natural waters, Any violation of State and Federal air or water
~fl~~f~ o~h~~:~/i~h'"a ~~:;~~~ gr I~eaf;a¿~ o~~il r~ ~~~is~e cf~es~~~~eo~sjbÏi:~~I~f
the permit holder or the owner.
H. Emergency notification
In the event of any fire, explosion, structural failure or other_unplanned or
accidental release relating to hazardous materials, the permit holder shall
immediately notify the Police and Fire Departments, who will in turn notify
the Local Enforcln~ Officer. Such notification shall be required, notwith-
~~~ig~~~ ~7(hg~[r:;;:e~ti~~e~'~b~~t~:~ef;, antJcipated ability to control the
Training.
Each person who caries out hazardous chemical operations shall instruct
each of his officers, a¡¡::ents and employees having any responsibility for such
J. Äbe;~àig~~:~t t~r <;ff~~~~lto~T~u~k;~ents In this chapter.
The abandonment or removal of tanks which contain hazardous materials
~~a~~t~~;;i~~ ê~t~e,tht~ea~;:PP~~~e~t~~~og~d~f ~~esuNc¡'w o~~~~e~q~i~~f;~
12á::i9.irMAÎN+ÈÑÅ~ß~~F t.rR~êELs~¿~g!fs~ing Officer.
Responsibility of Local Enforcing Officer,
The Local Enforcing Officer shall use all reasonable means to see that
information clearly designated by an applicant or permit holder as a trade
secret IS maintained as such. Such information shall be used by the Local
~ ~~~r_i~~~n~1!ib:~isai~ d orsduecrh toe~~;{¿~ma ~h:i~e d ~t\~i;e£ucbti i n\~~~a~r~~;~ aIT~ o~
be made available to other persons unless clearly required by an emergency
situation
128-40 PENALTIES; VIOLATIONS; APPEALS.
A Continuance Deemed Separate Violation.
Ever;; day that the provisions of this Article are being violated by an owner
~~~in~~ ~~~f:~o~f ofnihi~u~~;i~fe.or location shall constitute a separate and
B. Violations and Penalties
(1) Service of Notice. Anfc person, firm or corporation who shall, as
~hi~lf~W. ~thi~emte~~ N~) adn4so~f~~~ ri~ti~~S~t~ v~~I~~!~nC~~~t;I~i~~~
of. served ,personally or by certified mail, to abate the violation shall,
upon conviction thereof, be liable to the penalty. Each and every day of
the continuation of the vIOlation following the fifteenth (15) day after
notice, re_quiring its abatement shall be considered a separate and
(2) ~~~~~ío~o~;W~eoti~j~ ~h~c¿;cal Enforcing Officer, upon proof by the
owner and/or lessee, may, in his discretion, extend the fifteen (15) day
time limit to abate if he determines that the violator IS making good
faith efforts to abate the violation
128-41. APPEALS.
A. An application for appeal must be submitted to the Mayor and Council
within seven (7) days of the date of notIce or order of the Local Enforcing
~:f~~~. ~~ln~~~a~$¿å¿.~Ô)Mcf6If;r:.nd Council shall be accompanied by a fee
B The Mayor and Council shall make its decision within thirty (30) days of the
receipt of the appeal.
C Any prosecutIOn in Municipal Court dealing with the subject matter of the
12:'~~~~P~L:~~BìèÎfý~ pending the outcome of the appeal.
A. {:l)eí!gfs s~r~i¿l~nss~aíí~~f~g~rý to vehicle and/or cooking or heating fuels
when stored for on-premises consumption by the owner or tenant.
(2) This Article shall cover nonresidential use, including the sale of lique-
fied petroleum gas.
(3) This Article shall not cover gasoline stations, liquor stores or taverns,
retaii dry·cleaning plants. nor shall the chapter cover the use of
hazardous materials on residential propertIes for noncommercial pur-
(4) ~g~e~~qUired control provisions of Section 128-38 shall apply to any
industry using or storing hazardous materiais or hazardous or petro-
leum waste if determined to be a hazard by the Local Enforcing Officer.
(5) This Article shall apply to the bulk storage of Level III aerosol products,
including those in consumer packaging, as defined in Factory Mutual
Standard 7-295, which IS hereby adopted by reference.
(6) This Article shall not apply to Flreflghting or suppression equipment as
128-43.dÁ~ïM~~¥I~é~~'NT FOR USE OF SERVICES AND EQUIPMENT FOR
SPILLS, LEAKS AND FIRES,
A Definitions
As used in this section, and as may be applicable to the balance of this
Article, the following terms shall have the meanings indicated:
(1) Expendable items shall mean any Items used to extinguish any fire or
stop or contain any leak of spill Involving any hazardous matenal which
cannot be reused or cannot be replenished without cost after that
particular fire, leak or spill. These include but are not restricted to
flreflghtmg foam, chemical extinguishing agents, absorbent material,
sand. recovery drums and specialized protective equipment, to Include
but not be restricted to acid suits, acid gloves, goggles and protective
clothin,r.-
(2) ~aCzhrU~d:/7h~e~i~~rSehn~11 ~~ronn~~*i~a~~~~~;~~~, g~~~~i~~i~~s ¿i~fd~ f~
~:~~~~~~s G~fJ:riB~so~r o~-~-n Degf~~r;ne;:~t~~i~r~~~~O[~:tiL~c;lmE~r~r~~
ment Ol/icer at the scene cTassifies as such in order to protect the
public safety, health or environment under the emergency conditions
present
(3) Vehicie shall mean any motorized equipment, registered or unregis-
(Page 3 of #41038 )
tered, including but not limited to passenger cars, motorcycles, trucks,
tractor- trailers, construction equipment.
(4) Vessel shall mean any container, drum, box, cylinder, tank: tanker
truck, and/or similar storage mechanism, whether fixed or mobile.
used to hold, contain, carry or stofe any hazardous material
B. Purpose.
(1) This section provides for the replacement or reimbursement of the
specialized amid sometimes non-reusable equipment required by State
and Federal regulations to be made available in the Borough in case of
fire, leakage or spillage involving any hazardous material.
(2) This section entitles the Local EnforçÌng Officer to reimbursement for
any expendable items used by the Carteret Fire Department or any of
Its agencies In extinguishing any fire, stopping or containing any leak or
controlling an~ spin of hazardous materials
C fheesl~~~ilb~l~fo:~jng e¿7fi~~~sfo~~~~ f~~p~~eanb~:~:~~;~;~~;i~~ub:er:aednet ~~
the foUowing parties.
(1) The owner or operator of any vehicle responsible for any fire. leak or
spill of hazardous material.
(2) The owner or person responsible for any vessel containing hazardous
~X:¿rh':~ ~t~71~~~ri; ~~1nflt~à~;~~ ~h~fhl~ro~~~~~~t~r g~l~h;~t¡hPne;iD:
(3) ~~~c~wner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
(4) Any person responsible for any fire. leak or spin of hazardous matenal
on public or private property, whether aCCidental or through neg!l
gence.
D. Reimbursement for Services.
~~~a~d~~~n ~~t~~~~~~i ~~~~fdneSi~~im~~rsaerzef~tef~;~~r~rc~~i~ei~d~~~i~~;
~~ne~ef~~v~? thc~rri~:nJ~p~~f~n:ntCfom~:~à'le o~u~~hí~rCi~~';..~.nical assistance
E Time Limit for Payment.
Any person. owner or company responsible for any fire, leak or spill of
hazardous material shall reimburse the Fire Department for the full price of
any expendable items used to extinguish such a fire, stop or contain such a
leak or control such a spill within a period of forty-five (45) days after
receipt of a bill for such items from the Fire Department.
F. Violations and Penalties.
~~~aide~~~nm~t~~:rs ~h~ofr;iÏsatt r~1~bounr~~I~h~oFir~nbe~~~'t~e:~t ~t~F~IIU~:
time set forth in this Article shaU be subject to a fine of not less than fifty
f~~~¡~~~~~~t70~0; ~~r;dt~¡;nn~temhour~dt~~n(~;xO?6f~~~~h~~ ~~rb~r~. or to
Section 3. All ordinances and/or provisions thereof inconsistent with the
provision of this Article shall be and are hereby repealed as to the
~~t;nutnf:i;~( o~di~a~cceo~~i~~:~c~rsòvi:t~~t ~h;~~v:;e S~<;~~d r~~~:i~~
tive then those set forth in this Article, the more restrictive
Section 4. W~~~i~~c~roa~I, a~~I~~ction, part. clause or phrase of this Article
shall be declared invalid by jud¡;:¡:ment of any Court of competent
jurisdiction, the section. subsection, part, clause or phrase shall be
deemed to be severable from the remainder of this Article
Section 5. This Article shall take effect upon passage and publication accord·
The fore ~i~i<;ra£~~~~~j:::Swi'ntrodUCed at a meeting of the Council of the
Boroug,h ofCarteret held June 16, 2005 when it was adopted on First Reading.
The said ordinance will be further considered on Second Reading for final
adoption at a meetmg of said Council of the Borough of Carteret on July 21.
2005 at approximately 7:00 P.M.. Municipal Court/Police Facility, 230 Roose-
velt Avenue. Carteret, New Jersey at which time and place all persons
interested will be given an opportunity to be heard.
KATHLEEN M. BARNEY, Certified Municipal Clerk
($514.80) 41038
(Page 4 of #41038 )
Affidavit of Publication
Publisher's Fee $13.64
State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared
ANNETTE MADAM A
Affidavit Charge $20.00
of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said
County and State, and of general circulation In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 (ONE) times, once In each Issue, as follows
7 /26105.
~
AD ,2005 (V(U-R~ì~(f.h/~
Sworn and subscribed before me this
26th day of July, A.D., 2005
BOROUGH OF CARTERET
ORDINANCE 05-36
AN ORDINANCE
AMENDING AND sup-
PLEMENTING CHAP·
TER 128 ENTITLED
FIRE PREVENTION OF
THE CODE OF THE
BOROUGH OF CAR-
TERET
APPROVED AND ADOPT-
fr?Tr/Ö~U=t°ED~O~~ne 16.
2005
Advertised as adopted
on first reading with no-
tice of Public Hearing:
June 21, 2005
Hearing Held: July 20,
2005
Approved By: Mayor
Daniel J. Reiman
Advertised as finally
KiïP~r~E~'l,.2~A~~~~
Municipal Clerk,
Carteret Borough
($13.64) 18496
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Affidavit of Publication
Publisher's Fee $13.20
Affidavit Charge $25.00
State of New Jersey} 55.
MIDDLESEX COUNTY
personally appeared
ANNETTE MADAM A
of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said
county and state, and of general circulation In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 [ONE) times, once In each Issue, as follows
8/Gi/15.
[.' f' 0 IOH' "'(ìN
. tr\I\4 , ).],"1"
í~mARY Pi :P,I iI~ nF NFW ¡i=RS¡:Y
,,!y COf,iMISSiON EXPIRES FEB, 22,2010
A.D,2005 /J '1i71\ ~() ()
( _ ~ 1.t...<YJLJ Ut(J(:.\:'Ca.M~Û\.
Sworn and subscribed before me this
1st day of August, A.D., 2005
BOROUGH OF CARTERET
ORDINANCE #05-36
AN ORDINANCE
AMENDING AND sup-
PLEMENTING CHAPTER
128 ENTITLED FIRE
PREVENTION OF THE
CODE OF THE BOR-
OUGH OF CARTERET
APPROVED AND ADOPT-
F~T~ð~dclÉD~005
June 16, 2005
Advertised as adopted
on first readng with no-
tice of Public Hearing:
June 21, 2005
~~I~r~¥, ~ò'8~
~t;~tbda~~i J. Reiman
Advertied as finally
;:;dùptE<d: August 1. 2005
Kathleen M. Barney
Municipal Clerk
Carteret Borough
($13.20) 55385
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