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ORDINANCE AMENDING AND SUPPLEMENTING TITLE XI, FIRE PREVENTION CODE, CHAPTER 1, NEW JERSEY UNIFORM FIRE SAFETY CODE ENFORCING AGENCY, AMENDMENTS TO THE CODE, SECTION 9, PERMITS, INSPECTION FEES, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ADDING A NEW SUB-SECTION b.43, ESTABLISHING FEES FOR THE STORAGE OF HAZARDOUS MATERIALS.
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WHEREAS, it is the purpose and the scope of this Ordinance to identify all areas of potential risk to life, property, the environment and surrounding community that may be caused by the use and storage of hazardous materials within the City of Newark; and
WHEREAS, it is the intent of this Ordinance to insure that the City of Newark has the financial resources necessary to obtain and maintain for the City’s Department of Public Safety, Fire Division, the equipment and personnel necessary to enhance and maintain its ability to respond to the public health threat posed by the storage of hazardous materials, and to enable the City’s Department of Public Safety, Fire Division, to address incidents related thereto with the most efficient and effective deployment of life safety, suppression and mitigation techniques; and
WHEREAS, the Director of the City of Newark’s Department of Public Safety therefore recommends that the City impose a requirement of an annual permit and fee for the storage of hazardous materials.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1: ADOPTION OF ORDINANCE:
Title XI, “Fire Prevention Code,” Chapter 1, “New Jersey Uniform Fire Safety Code Enforcing Agency, Amendments To The Code,” Section 9, “Permits, Inspection Fees,” of The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is hereby supplemented by the addition of the following new Sub-Section b.43 as follows:
43. (a) An annual permit is hereby required for the handling or storage of any hazardous materials, as that term is defined by the United States Department of Transportation as may be amended from time to time.
(b) The annual fee for said permit shall be equal to the amount of the permitee’s annual hazardous material on-site combined (aggregate) tank, drum, or other type of storage container, either stationary or mobile, at a rate equal to one-half (½) cent per gallon, pound or standard cubic foot, as appropriate for the type of hazardous material involved.
(c) The Director of Public Safety is charged with the administration of this provision, and is empowered to prescribe, adopt or promulgate and enforce rules and regulations relating to any matter pertaining to the administration of this provision.
(d) In the event of any inconsistency or conflict between the provisions of this new Section 11:1-9.b.43 and the other provisions of Section 11:1-9, this new Section 11:1-9.b.43 shall control.
SECTION 2: Any prior ordinances or parts thereof inconsistent with this Ordinance are hereby repealed.
SECTION 3: If any part of this Ordinance is declared unconstitutional or illegal, the remaining provisions shall continue in full force and effect.
SECTION 4: This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by adding provisions which authorize and establish certain fees to be charged for the handling or storage of hazardous materials.