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HomeMy Public PortalAboutOrd. 05-36 #05-36 ®rúmètttt~ ú£ t~~ ~úrúu£~ ú£ ([ètd~rd) tJ - JJ- 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. NO #05-36 II I' ^ (j E.-2__QL.9 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. #05-36 I'M;E~__ºL.~ NO. /I (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. #05-36 1'^(jE~_o.f~ NO. II (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. NO. II 105-36 I' ^GE_5__o£3 (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. NO. II #05-36 I' ^ () ElL-o.f_-9- 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. NO. #05-36 II p^GE_L_QÍ-9 (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. NO. #05-36 II I' ^ G E_ª-_()L2 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. #05-36 NO. I 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. 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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 ,-:;-;- --.¡ <:è. -, -\ ('-: ~ 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 ~ / ;;: ~: \. \ \ '\-~~ " ; " ~-..'::..:~~_/ 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 ~;~ ;:?/ "..... . ":\ if. ~'11 7 ~/ " '(;;;.\ -) '1f " ~ - " ,,;¡ - 'lIT I ~ ' L_ /""" "¡- . ,¿:: <"J