As used in this chapter, the following words shall have the
meanings hereinafter set forth:
ACCEPTABLE SOIL MATERIAL
Earth, sand, clay, loam, gravel, humus, rock or dirt, and
may include soil, subsoil or topsoil. No construction debris or contaminated
material is permitted.
APPLICANT
The person requesting a soil permit as provided for in this
chapter.
CONTAMINANT
Any hazardous substance, hazardous constituent, hazardous
waste or pollutant.
CONTAMINATED MATERIAL
Any soil containing contaminants exceeding the present requirements
for residential direct contact pursuant to N.J.A.C. 7:26E-1.1 et seq.,
technical requirements for site remediation, as may be amended.
CONTAMINATED SITE
Any property, including, but not limited to, structures,
sediment, soil and/or water, that contains a contaminant which is
present at such levels of concentration as to require action pursuant
to any federal or state statute or regulation.
DEVELOPER
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision, or seeks
site plan approval for the construction or alteration of buildings
or structures and any legal or beneficial owner(s) of a lot.
FILL/FILL MATERIAL
Any sand, gravel, earth, soil, dredged material or other
material of any composition whatsoever, the placement of which upon
a site results in a change of topography of the site.
GARBAGE
Meat and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods. Garbage is considered
to originate primarily in kitchens, stores, markets, restaurants,
hotels and other places where food is stored, cooked and consumed.
HAZARDOUS SUBSTANCE
Any hazardous substance as defined pursuant to the Spill
Compensation and Control Act (N.J.S.A. 58:10-23.11b), hazardous waste
as defined pursuant to the Solid Waste Management Act (N.J.S.A. 13:1E-38),
and/or pollutant as defined pursuant to the Water Pollution Control
Act (N.J.S.A. 58:10A-3) as may be amended.
LOT
Any parcel of land separated from other parcels or portions
as by a lawful subdivision or deed of record, survey map or by a metes
and bounds description.
LOT GRADING PLAN
A map showing the reshaping or sloping of the land in such
a way that surface drainage from rain runoff is directed away from
buildings and is controlled in a manner that eliminates or minimizes
the impact on adjacent properties and road right-of-ways.
PERMITTABLE EFFLUENT CONTAMINANT LEVELS
The dissolved priority pollutant +40 contaminant levels within
the effluent which are below the groundwater quality criteria for
Class IIA groundwater as set forth in N.J.A.C. 7:96C-1.1, et seq.
PERSON
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
PREMISES
One or more contiguous lots in single ownership.
PRIORITY POLLUTANT PLUS 40 OR PP+40
The 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.
REFUSE
Includes all miscellaneous matters, such as, but not limited
to, bottles, construction debris, rags, mattresses, worn-out furniture,
old clothes, old shoes, broken glass, leather, carpets, crockery,
rubber, newspaper, cartons, tin cans, metals, abandoned automobiles
or parts thereof.
REMEDIAL ACTION
Those actions taken at a site when hazardous materials have
been found, including the removal, treatment, containment, transportation,
the securing of or other engineering treatment measures, including
related operations and maintenance activities, whether of a permanent
nature or otherwise, designed to ensure that any discharge or placement
at the site is remediated in compliance with the applicable remediation
standards, including the sealing of or closure of wells and groundwater
supplies contaminated by the placement of hazardous materials.
REMEDIATION
All necessary actions to investigate and clean up any known,
suspected, or threatened discharge or placement of hazardous substances,
including, as necessary, identifying areas of concern and determining
the presence of hazardous substances and the collection and evaluation
of data adequate to determine whether or not discharged or placed
hazardous substance, identifying and evaluating any problems presented
by the discharge or placement and the performance of a remedial action.
SOIL
All unconsolidated mineral and organic material of any origin.