Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 430-322, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following best management practices, and Parsippany-Troy Hills Township is also obligated to insure that its provisions are not carried out in a manner which is not inconsistent with N.J.A.C. 7:14B.:
A. All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the groundwater or surface waters.
B. Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.
C. Secondary containment structures.
(1) Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures which may include but not be limited to:
(a) Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances, for the duration of a spill event.
(b) Curbing.
(c) Gutter, culverts and other drainage systems.
(d) Weirs, booms and other barriers.
(e) Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.
(f) Drip pans.
(2) All secondary containment and diversionary structures for underground storage tanks shall be consistent with N.J.A.C. 7:14B.
D. Secondary containment and diversionary systems, structure or equipment must meet the following standards:
(1) The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.
(2) The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area, plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.
(3) In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.
(4) No manufacturing area, processing area, transfer area, dike storage area, or other storage area, or secondary containment/diversion system appurtenant thereto shall drain into a watercourse, or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP-approved industrial wastewater treatment or pretreatment facility, or other NJDEP-approved facility. Exceptions to this provision shall be for retail gasoline, diesel fuel and residential home heating oil dispensing wherein the procedures are in conformance with NJDEP standards and contain stormwater runoff controls in conformance with NJDEP requirements.
(5) Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.
E. Stormwater shall be managed so as to prevent contamination of groundwater, and so as to be in accordance with applicable laws and regulations of the State of New Jersey, and of Parsippany-Troy Hills.
A. Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 430-322, that would be located either wholly or partially within any WHPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(2) Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;
(3) Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;
(4) Means to be used to contain or remediate accidental spillage of such materials;
(5) Means to notify the administrative authority about any accidental spillage of such materials;
(6) Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in § 430-323, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination.
B. The administrative authority shall review and shall approve or reject any operations and contingency plan prior to approving or denying the application for a land use change or activity.
C. Any operations and contingency plan submitted shall be available for public review and comment.
A.prompt investigation shall be made by the appropriate personnel of the Health Department of Parsippany-Troy Hills, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this article is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this article shall be construed to preclude a municipality's right, pursuant to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this article. Each day a violation continues shall be considered a separate offense.
**Webmasters Note: The previous Article has been added as per Ordinance No. 2005:26.
