Garfield City Zoning Code
ARTICLE VI
Hazardous Substances
§ 341-25 Prohibition.
[Amended 9-3-1996 by Ord. No. 2203]
In all zones, with the exception of existing operations, no building or premises hereafter shall be used for plastic manufacture or the manufacture of articles from plastic having a flammable or toxic base, or used for the manufacture, processing, handling, use or storage of other hazardous substances as hereinafter defined. For the purposes of this prohibition, and only in industrial zones, hazardous substances shall not include materials such as corrosive liquids, flammable and liquid solids, gases and oxidizing materials which in total do not exceed 100 gallons of any hazardous material or 600 pounds of any powered hazardous material, provided that the storage and use of such materials comply with any and all laws, ordinances and fire code regulations of the federal, state and local governments.
§ 341-26 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Materials which are highly flammable or which may react to cause fires or explosions or which, by their presence, create or augment a fire or explosion hazard or which, because of their toxicity, flammability or liability to explosion, render fire fighting abnormally dangerous or difficult and materials and formulations which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. "Hazardous substances" shall include such materials as corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials and unstable chemicals, defined as follows:
CORROSIVE LIQUIDIncludes those acids, alkaline caustic liquids and other corrosive liquids which, when in contact with living tissue, will cause severe damage to such tissue by chemical action; or, in case of leakage, will materially damage or destroy other containers of other hazardous commodities by chemical action and cause the release of their contents; or are liable to cause fire when in contact with organic matter or with certain chemicals.
FLAMMABLE SOLIDIncludes a solid substance which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical change or as a result of retained heat from manufacturing or processing. Examples are white phosphorous, metallic sodium and potassium and zirconium powder.
HIGHLY TOXIC MATERIALA material so toxic to man as to afford an unusual hazard to life and health during fire-fighting operations. Examples are: parathion, TEEP (tetraethyl phosphate), HETP (hexaethyl tetraphosphate) and similar insecticides and pesticides.
OXIDIZING MATERIALAny solid, liquid or gaseous substance which yields oxygen readily to support combustion or which reacts readily to oxidize fuels or other combustible materials.
POISONOUS GASIncludes any noxious gas of such nature that a small amount of the gas in the air is dangerous to life. Examples are: chlorine, cyanogen, fluorine, hydrogen cyanide, nitric oxide, nitrogen tetraoxide and phosgene.
RADIOACTIVE MATERIALIncludes any material or combination of material that spontaneously emits ionizing radiation.
UNSTABLE (REACTIVE) CHEMICALAny substance which will vigorously and energetically react, is potentially explosive, will polymerize, decompose instantaneously, undergo uncontrollable autoreaction or can be exploded by heat, shock, pressure or combinations thereof. Examples are organic peroxides, nitromethane and ammonium nitrate.
§ 341-27 Materials not considered hazardous.
Specifically excluded from the definitions of hazardous substances for purposes of this article are vehicle fuel, heating oil and heating gas when stored for on-premises consumption by the landowner, substances used, stored or dispensed in the regular course of business at gas stations, liquor stores, taverns and pharmacies and substances stored upon residential property for lawful noncommercial purposes.
§ 341-28 Rights of existing operations.
The right of existing operations to transfer ownership, expand in product mix and unit processes or shut down and restart at a later date is recognized to the extent of the existing ordinances, decisional law statutes and regulations of the City of Garfield, State of New Jersey and the United States Government.