[HISTORY: Adopted by the Municipal Council of the City of Clifton 10-7-1975 by Ord. No. 4299-75 (Article 19 of Chapter 19 of the Revised Ordinances of the City of Clifton, New Jersey, 1960). Amendments noted where applicable.]
The within chapter is hereby adopted under the authority of and for the purpose of implementing the power granted to the governing body of the City of Clifton under the provisions of N.J.S.A. 13:1E-17 (Chapter 461 of the Laws of 1971), which provides as follows:
No ordinances or regulations of any governing body of a municipality or county or board of health more stringent than this Act or any rules or regulations promulgated pursuant thereto and relating to health and environmental protection aspects of solid waste collection or solid waste disposal shall be superseded by this Act. Nothing in this Act or in any rules or regulations promulgated pursuant thereto shall preclude the rights of the governing body of any municipality or county or board of health to adopt health or environmental protection ordinances or regulations more stringent than this Act or any rules or regulations promulgated pursuant thereto.
The Municipal Council hereby determines that the within chapter relating to the health and environmental protection aspects of solid waste disposal is required for the public safety and health of the citizens of the City of Clifton primarily because of the relatively high population density and lack of unoccupied and undeveloped areas remaining within the City of Clifton.
It shall be unlawful to maintain or operate a sanitary landfill or any place for the disposal of garbage, refuse or solid wastes anywhere within the City of Clifton without first having secured a license from the City Clerk, and it shall be unlawful to maintain, operate or permit the maintenance or operation of any premises as a sanitary landfill for the disposal of garbage, refuse or solid waste disposal in violation of any provision of this chapter.
The original fee for the license shall be $1,000, and the license may be renewed annually upon payment of a renewal fee of $500. No such license shall be issued by the Clerk except pursuant to a resolution adopted by the Municipal Council, which resolution shall determine whether the applicant has complied with the requirements of the within chapter. It is hereby declared that the purpose of the within fee is not to raise revenue but rather to provide reimbursement to the municipality for actual costs incurred by the municipality for review, inspection and enforcement of the within chapter and the rules and regulations of the Board of Health.
The applicant shall submit with his application a written consent of a surety in which the surety agrees that, in the event that a license is issued, it will issue a performance bond guaranteeing the faithful performance by the applicant in accordance with the terms of the within chapter and the rules and regulations of the Board of Health. The consent of the surety shall be for a performance bond in the amount of $100,000. However, the governing body, in reviewing the application, may lower the amount of the performance bond if it has determined, in accordance with the recommendations of the Municipal Engineer, that a performance bond in an amount less than $100,000 will be sufficient to effect compliance with the terms of this chapter and the rules and regulations of the Board of Health. The bond, the form of which is to be approved by the governing body, shall contain the following surety assurances:
The licensee, his agents and servants are complying with all of the terms, conditions, provisions and specifications required by the within chapter and the rules and regulations of the Board of Health.
The licensee, his agents and servants will faithfully operate the sanitary landfill under which the license is issued in accordance with the provisions of this chapter and the rules and regulations of the Board of Health.
The licensee, his agents and servants will save harmless the municipality from any expenses incurred through the failure of the licensee, his agents and servants to operate and maintain the sanitary landfill as required by this chapter and the rules and regulations of the Board of Health, including any expenses the municipality may be put to for correcting any condition or violation of this chapter by the municipality's own labor and equipment, whenever the Board of Health of the municipality determines that it is necessary to correct any condition in violation of this chapter or the rules and regulations of the Board of Health or from any damage growing out of the negligence of the licensee or his agents or servants.
An application for a license shall be filed with the Clerk of the City of Clifton and shall contain a description of:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date and place of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office [The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.]; in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
The plot of land upon which the disposal of refuse is proposed, including soil conditions.
The sequence and plan of operation.
The source of water supply and nature of equipment to be used for its distribution on the landfill.
The type and capacity of equipment to be used for operations.
Fire prevention and control plans.
Nuisance and vermin control programs.
Existing and proposed roadways and easements.
Existing topography and watercourses, together with a survey and written statement explaining the proposed location and extent of earthwork and fill operations, and/or soil removal operations.
Profiles indicating the proposed depth of fills and any proposed removal, relocation or distribution of fill.
Estimated daily or weekly volume of garbage or refuse and a designation of both the garbage and refuse.
A profile showing proposed successive layers of fill and earth cover to arrive at final grade.
A detailed drainage plan.
The source of the cover material to be utilized.
The number of yards or cover material estimated to be needed for one week's operation.
Title to or other legal evidence of authority to operate and maintain the proposed landfill site.
Such other information as may be required by the governing body.
Certification by a licensed engineer of the State of New Jersey as to all engineering data submitted.
Upon receipt of the application, the Clerk shall forward a copy to the Board of Health, the Planning Board, the Building Inspector and the Chief of Police for their study and recommendations. The Chief of Police shall cause the applicant to be fingerprinted and shall cause an investigation to be made of the applicant's character and business responsibility and of any traffic hazards which may be created by the proposed sanitary landfill which may affect the public safety. In the event that the applicant is a corporation, every major officer and director of the corporation shall, for the purposes of this section, be considered an applicant. Upon completion of his investigation, the Chief shall deliver a report to the City Clerk indicating his approval or disapproval of the application and the reasons therefor.
The Building Inspector shall review the application and certify to the governing body whether the proposed site and use comply with the Zoning Ordinance of the City of Clifton or with any variance therefrom granted to the applicant, and the governing body shall not issue a license unless the Building Inspector has certified that the proposed site and use comply with the Zoning Ordinance of the City of Clifton and with any variance therefrom granted to the applicant.
No license shall be issued by the municipality unless the applicant has, prior to the submission of the application, been authorized pursuant to the rules of the Bureau of Solid Waste Management of the New Jersey Department of Environmental Protection to operate the proposed sanitary landfill. The applicant shall accompany his application with satisfactory evidence of such authorization, together with a copy of all documents submitted to the Bureau of Solid Waste Management by the applicant, as well as a transcript of any hearing or proceeding before the New Jersey Department of Environmental Protection in connection with the request for permission.
No license shall be granted by the governing body unless the application has first obtained authorization from the Public Utility Commission pursuant to the requirements of the Solid Waste Utility Control Act of 1970. Each application shall be accompanied by written evidence of such authorization from the Public Utilities Commission, as well as a copy of all documentation, and a copy of the transcript of any hearing or proceeding before the Public Utilities Commission in connection with the request for permission.
Every application for a license shall be accompanied by an environmental assessment as to the probable impact of the proposed solid waste facility upon the air quality, water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, ecology, demographic conditions, land use, aesthetics, history and archaeology, land values and comprehensive zoning scheme of the neighborhood surrounding the proposed site; a list of adverse environmental impacts which cannot be avoided; a description of the steps to be taken to minimize adverse environmental impacts during construction and operation both at the project site and at the surrounding regions; a list of all alternatives to all or any part of the project with reference to their acceptability or nonacceptability; and a reference list of all pertinent public information relating to the project, the project site and the surrounding region. The purpose of the environmental assessment is to determine whether any significant impacts are anticipated and whether any change can be made in the project to eliminate or mitigate the impacts. The environmental assessment statement shall include the following facts:
A background and description of the proposed action. There shall be included a description of the proposed use, its purpose, where it is located and its time setting. Maps and photographs should be incorporated to depict the environmental setting.
The environmental assessment statement shall develop, describe and objectively weigh alternatives to any proposed action. The analysis should be sufficiently detailed to permit the Municipal Council to make comparative evaluations of the environmental effect, costs and risks of the proposed action and each reasonable alternative. The analysis of the alternatives must include the alternative of not utilizing the site as well as alternatives for different environmental impacts.
There must be a description of the primary and secondary environmental impacts, both beneficial and adverse, anticipated from the application. The scope of the description shall include both short- and long-term impacts. Primary impacts are those that can be attributed directly to the action or project. Secondary impacts are indirect or induced impacts. Such assessment of secondary impacts shall include an analysis of all secondary effects which may be stimulated or induced by the application as well as change patterns in social and economic activities. Specific attention must be devoted to and the following areas must be covered: surface water quality and usage; stream flow; floodplains and watersheds; shellfish sanitation; groundwater supply; coastal areas; public health or nuisance problems; groundwater quality and usage; wetlands; estuaries; waterfowl refuges and beaches; soil and plant life, sedimentation, erosion and hydrologic conditions; wildlife; noise and odor problems; air quality; parks, forests and outdoor recreational areas; historic and archaeological sites; development or nondevelopment of service area (urbanization, etc.); congestion in urban areas, housing and building displacement; environmental effects with special impact on neighborhood patterns; life style, social and economic character of areas; jobs and income; transportation and public services. For each alternate, protection measures that would be taken to lessen adverse impacts shall be outlined; design features to minimize operational failures; noise and air pollution abatement measures; and architectural comparability with adjacent land uses.
Adverse impacts which cannot be avoided should the proposal be implemented. The statement should describe the kind and magnitude of adverse impacts which cannot be reduced in severity or which can be reduced to an acceptable level but not eliminated. These shall include water or air pollution, undesirable land use patterns, damage to ecological threats to health or other consequences adverse to environmental goals, as well as mitigative measures which will be taken as part of the application.
Relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. The statement shall describe the extent to which the application involves trade-offs between short-term environmental gains at the expense of long-term losses or vice versa and the extent to which the proposed action forecloses future options. Special attention shall be given to effects which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. Those who may reap windfall gains or suffer significant decrease in current property value from the application shall be identified.
Irreversible and irretrievable commitments of resources which would be involved in the application. The statement should describe the extent to which the proposed action curtails the diversity and range of beneficial uses of the environment.
A discussion of problems and objections raised by any governmental agency or by any interested persons in the review of the application or any of the preconditions to the review of the application. The statement shall be accompanied by comments and suggestions made by any reviewing agency. In particular, the statement shall address the major issues raised by any reviewing agency.
The environmental assessment statement shall also deal with the following specific categories of inquiry:
Climate. The statement shall describe the climatic conditions for the general areas of the proposed site, including data dealing with temperature, precipitation, humidity and wind direction and velocity. Specific weather conditions such as inversions and the frequency in which they may be anticipated shall also be considered, together with any topographic features which influence weather.
Topography. The statement shall describe the topography of the area, delineating major and minor drainage basins along with their characteristics, such as area, slope, elevation, natural and artificial drainage nets, erosion and deposition.
Geology. The statement shall describe the geology of the appropriate area. Geologic structures or formations that have a direct influence on either groundwater or surface water resources should be specifically mentioned. Areas which are particularly susceptible to landslides, subsidence or other earth movement should be located on an area map and described.
Soils. The statement shall identify soil types and their permeability, erosion potential, expansion, compaction and other characteristics.
Hydrology. The statement shall describe the relevant surface water bodies and groundwater aquifers in the area and shall describe the existing surface and ground water qualities of the area using physical, chemical and biological parameters. The statement shall also describe the existing surface and ground water quantities and shall include a discussion of surface water volume, stream flow rates and the frequency and duration of seasonal variances. There shall be an identification of existing and potential water quality and quantity problems in the area and a description of the type and extent of existing and future surface and ground water uses. If re-use or reclamation is practical, this should be evaluated. There should be included a description of pertinent area-wide or basin water quality management plans. There shall be an indication of the twenty-five-, fifty- and one-hundred-year flood levels for the area, as well as an identification of any corps of engineer or floodplain plan or proposed project.
Biology. The statement shall identify any species in the area which would be affected by the project and shall also describe wildlife habitats which might be affected by the project.
Air quality. The statement shall discuss the pertinent direct or indirect effect on air quality and the current and anticipated future air quality in the project area. It shall identify any proposed air implementation plan for the area.
Identification of significant environmentally sensitive areas. The statement shall identify and show on a map any of the following which may be significantly impacted by the application, such as: surface waters; marshlands, wetlands and estuaries; floodplains or flood-retention areas; groundwater recharge areas; steeply sloping lands; forests and woodlands; prime agricultural lands; habitats of rare and endangered species and sensitive geologic areas.
Aesthetics. The statement shall describe the area's general aesthetic quality and the overall composition mirrored by the total aesthetic picture.
The governing body shall, in connection with the general review of the application, also review the environmental assessment statement to determine whether or not a public hearing and an environmental impact statement are required. Where it is determined by the governing body that an environmental impact statement is required to be issued by the governing body, then the environmental assessment statement shall serve as the data source.
If, upon review of the environmental assessment statement, it is determined by the governing body that public input is desirable for the formulating and selection of the proposed action, then the governing body shall provide for a public hearing to be held pursuant to a public notice of hearing advertised in a newspaper of general circulation within the county. The notice of hearing shall be published at least 20 days prior to the proposed hearing. At the public hearing, the applicant as well as the public shall be permitted to express their views concerning any aspect of the application and the environmental assessment. Upon the conclusion of the public hearing, the environmental assessment statement shall be supplemented to include a description of what measures are being taken to incorporate the public views, both favorable and unfavorable, into the formulating of the project. The supplement should have an identification of any controversial issues that may not have been resolved.
Upon the conclusion of the public hearing and upon receipt of the supplemental environmental assessment statement, the governing body shall prepare and issue an environmental impact statement, which shall include determinations of the issues considered in the environmental assessment statement.
Upon receipt by the governing body of all of the documents required under the terms of the within chapter, the governing body shall, by resolution, determine whether the application for a license should be granted. The resolution of the governing body shall include a statement of facts and conclusions in support of the decision of the governing body. In exercising the discretion therein vested in the governing body to make a determination as to the issuance of a license, the governing body shall make findings of fact and shall utilize the following standards:
No license shall issue unless the applicant has received a registration from the Bureau of Solid Waste Management of the New Jersey Department of Environmental Protection.
No license shall issue unless the applicant has received authorization from the Public Utilities Commission pursuant to the requirements of the Solid Waste Utility Control Act of 1970, and such amendments and supplements as shall, from time to time, issue.
No license shall issue unless the governing body has determined that the license will not result in significant adverse environmental impacts upon the air quality, water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, ecology and demographic conditions of the neighborhood surrounding the proposed site.
No license shall issue unless the governing body has determined that the granting of the license will not result in significant adverse environmental impacts relating to land values and the comprehensive zoning scheme of the neighborhood surrounding the proposed site.
No license shall issue unless the governing body has determined that the granting of the license will not adversely affect the public health and welfare of the neighborhood surrounding the proposed site and the residents thereof.
In the operation and maintenance of any sanitary landfill on any premises situated within the City of Clifton, the rules of the Bureau of Solid Waste Management of the New Jersey Department of Environmental Protection shall be adhered to, except where any of the provisions of the within chapter or any rules and regulations adopted by the Board of Health of the City of Clifton pursuant to this chapter are more stringent, in which case the more stringent provisions of the within chapter or the rules and regulations of the Board of Health shall be adhered to.
The Board of Health of the City of Clifton is hereby authorized to enact rules and regulations governing the operation of the sanitary landfill. Such rules and regulations shall be promulgated in writing and shall become effective upon adoption of an appropriate resolution by the Board of Health and shall be consistent with the authority vested in the Board of Health under the provisions of N.J.S.A. 13:1E-17 and N.J.S.A. 26:3-31.
Upon the issuance of a permit, the licensee shall file with the City Clerk a certificate of liability insurance with standard coverage of $1,000,000/$3,000,000 with the City of Clifton as a named insured, with the customary 10 days' prior notice of cancellation.
The enforcement agency for the within chapter is hereby declared to be the Board of Health, and it is hereby empowered to take such action as may be necessary to ensure compliance with this chapter, including making any inspections that are necessary to determine if there is compliance with the within chapter. If the Board of Health determines that there is a violation of any of the terms of the within chapter, it shall instruct the Sanitary Inspector to file a complaint in the Municipal Court. In addition thereto, the Board of Health shall be empowered to recommend to the governing body the revocation of the license in appropriate cases. In the event that the Board of Health does recommend to the governing body that the license be revoked, a written notice of intent to revoke the license shall be served upon the licensee by the governing body, which shall provide for a hearing on the proposed revocation. The notice of proposed revocation shall be served upon the licensee at least 14 days prior to the proposed hearing. At said hearing, the governing body shall receive evidence and the applicant shall be entitled to be represented by counsel and shall be permitted to cross-examine witnesses and offer witnesses and evidence. The governing body shall, at the conclusion of the hearing, make findings of fact and conclusions as to whether the license shall be revoked, which findings of fact and conclusions shall be incorporated in a formal resolution.
Any person firm or corporation which shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both for each violation of any of the provisions of this chapter, and each day the same is violated shall be deemed to be a separate and distinct offense.