Definitions. As used in this section, the following terms shall have the meanings indicated:
APPLICANTAn individual, partnership or corporate entity who applies for approval of a fill placement permit.
CLASS II-A AQUIFERAny aquifer designated as such pursuant to N.J.A.C. 7:9-6. These aquifers represent ground waters with a designated use of potable water and conversion to potable water.
CONTAMINANTAny hazardous substance, hazardous constituent, hazardous waste or pollutant.
CONTAMINATED SITEAny property, including but not limited to structures, sediment, soil and water, that contains a contaminant which is present at such levels of concentration as to require remedial action pursuant to any federal or state statutes or regulations.
CONTRACTORAny person engaged in the moving, delivery or placement of fill from, in or upon any land in the Borough. The contractor may be an independent contractor or firm engaged by the applicant; however, he shall be governed by all terms and conditions of the approval and all standards and requirements of this section.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DREDGE or DREDGING shall consist of the following: (1) DREDGING, MAINTENANCEThe removal of accumulated sediment from authorized and currently maintained navigation channels, marinas or boat mooring areas for the purpose of maintaining an authorized water depth and width.
(2) DREDGING, NEWThe removal of sediment from the bottom of a water body that has not been previously dredged or excavated for the purpose of increasing water depth or the widening or deepening of navigable channels to a newly authorized depth or width.
EFFLUENTA discharge of pollutants into the environment, whether untreated, partially treated or completely treated.
FILL or FILL MATERIALSand, gravel, earth, soil, dredged material or other materials of any composition whatsoever, the placement of which upon a site results in a change to the topography of a site.
(1) NATIVE FILL MATERIALFill material as defined herein whose point of origin is from a site located within the boundaries of the Borough of Carteret as depicted on the current Borough Tax Maps.
(2) REMOTE FILL MATERIALFill material as defined herein whose point of origin is from a site located outside the boundaries of the Borough of Carteret as depicted on the current Borough Tax Maps.
HAZARDOUS DISCHARGE SITEAny location at which hazardous substances have been or are suspected to have been discharged and shall include any area to which the hazardous substance contamination has migrated or may migrate.
HAZARDOUS SUBSTANCEAny hazardous substance as defined pursuant to Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b), hazardous waste as defined pursuant to Section 1 of P.L. 1976, c. 99 (N.J.S.A. 13:1E-38) or pollutant as defined pursuant to Section 3 of P.L. 1977, c. 74 (N.J.S.A. 58:10A-3).
MOVETo dig, excavate, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour of any site, or to transport and to supply fill material or soil from one parcel or premise to another. On-site or on-premises excavating, depositing, placing, filling, grading and regrading does not require a fill placement approval.
OWNERAny person seized in fee simple of any land or having such other interest or estate as will permit the exercise of effective possession, dominion or control of such land.
PERMITTABLE EFFLUENT CONTAMINANT LEVELSDissolved priority pollutant +40 contaminant levels within the effluent which are below the Groundwater Quality Criteria for Class II-A Groundwater as set forth at N.J.A.C. 7:9-6.
PREMISESThe property which is the subject of a development application.
PRIORITY POLLUTANT PLUS 40 or PP+40The priority pollutant list of 126 compounds and elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 nontargeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purpose of this chapter, a PP+40 scan means the analysis of a sample for all priority pollutants except those as analyzed using GC/MS analytical methods. Nontargeted compound criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date on which the laboratory is performing the analysis.
REMEDIAL ACTIONThose actions taken at a hazardous discharge site including the removal, treatment, containment, transportation, securing or other engineering or treatment measures, including related operations and maintenance activities, whether of a permanent nature or otherwise, designed to ensure that any discharge at the hazardous discharge site is remediated in compliance with the applicable remediation standards and the sealing or closure of wells and groundwater supplies contaminated by a discharge.
REMEDIATIONAll necessary actions to investigate and cleanup any known, suspected or threatened discharge of hazardous substances, including, as necessary, identifying areas of concern and determining the presence of hazardous substances, the collection and evaluation of data adequate to determine whether or not discharged hazardous substances exist, determining the nature and extent of any discharged hazardous substance and any problems presented by a discharge and the performance of a remedial action.
UNPERMITTABLE MATERIALSAny soil, sediment, dredge or other materials containing a contaminant above permittable soil/sediment contaminant levels and/or effluent containing a contaminant above the permittable effluent contaminant levels.
WATER SUPPLY FACILITIESThe plants, structures, public or private wells, interconnections between existing water supply systems, machinery, equipment and other property, real, personal and mixed, constructed or operated, or to be constructed or operated, for the purposes of augmenting the natural water resources of the state and making available a supply of water for all uses, and any and all appurtenances necessary, useful or convenient for making available, collecting, impounding, storing, improving, treating and filtering or transmitting water.