No owner, agent, lessor, lessee, tenant or occupant of any lot,
grounds, street, road or alley in the Town of Newton shall deposit
thereon or permit the depositing thereon of any contaminated material,
or animal or vegetable substance or garbage or refuse or dirt gathered
in cleaning sewers, or waste of mills or factories, or any materials
which are offensive to health or tend to decay, to become putrid or
to render the atmosphere impure or unwholesome, or any other environmentally
inappropriate materials as determined by the New Jersey Department
of Environmental Protection.
A.
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds,
street, road or alley in the Town of Newton shall deposit thereon
or permit the depositing thereon of any acceptable soil material unless
a permit is issued by the Town Engineer.
B.
Exempt from the provisions of this section shall be the following:
(1)
Select fill for septic installation and/or repair certified to be
such by a licensed New Jersey professional engineer; or
(2)
Routine landscaping activities that do not require an excess of 50
cubic yards of approved soil material conducted in connection with
residential use not subject to any other permitting requirements set
forth in the ordinances of the Town of Newton. Any materials used
in activities permitted herein shall nevertheless conform to all applicable
local, state and federal regulations.
Hours of operation shall be limited to the following: 7:00 a.m.
to 5:00 p.m., Mondays through Fridays and 8:00 a.m. to 12:00 p.m.
on Saturdays. There shall be no operations of any kind or character
on Sundays.
Unless otherwise exempt under the terms of this chapter, no
permit to deposit approved soil material upon or used to fill up or
raise the surface or level of any lot, grounds, street, road, or alley
in the Town of Newton shall be issued unless such fill operation is
performed in connection with:
A.
Unless otherwise exempt under the terms of this chapter, no permit to deposit acceptable soil material upon or used to fill up or raise the surface of any lot, grounds, street, road, or alley in the Town of Newton shall be issued unless the applicant submits proof that the acceptable soil material has been tested in conformance with § 241-7 of this chapter and that it complies with the technical requirements for site remediation found in N.J.A.C. 7:26E-1.1 et seq., as may be amended.
B.
Proof shall be a letter from a laboratory certified by the State
of New Jersey to perform soil analysis, stating that results meet
or exceed the present requirements for residential direct contact
as contained above, along with the actual test results.
Fees shall be paid when the application for a permit is made, as set forth in § 100-24O. A guarantee shall be paid to guarantee performance by the applicant of the terms and conditions of this chapter, such funds to be released upon inspection of the fill project and approval thereof by the Town Engineer, as having met the provisions of §§ 241-6 and 241-8. The Town shall have a period of 90 days from receipt of the complete application within which to issue or deny the permit application.
A.
Any acceptable soil material that will be deposited within the Town of Newton, which is to be brought into the Town from outside sources, or from sources as within the Town, must be tested at the source for compliance with the requirements found in N.J.A.C. 7:26E-1.1 et seq., in accordance with § 241-6 of this chapter, and collected and evaluated by a laboratory certified by the State of New Jersey.
B.
Further:
(1)
All expenses connected with such testing are to be borne by the recipient
of the fill;
(2)
The Town shall have the authority to order additional reports or
inspections as it may deem necessary and appropriate;
(3)
Acceptance or rejection of any approved soil material is to be made
according to this chapter and any additional rules or regulations
it may from time to time enact; and
(4)
A minimum of two samples are to be extracted from the source for
laboratory analysis for each 500 cubic yard lot, or fraction thereof
if from undisturbed natural ground. Testing for all other sources
shall be determined based upon the source and volume of the fill to
be imported. Samples are to be extracted, tested and evaluated by
a state certified laboratory. Samples must be biased to the location
of the highest suspected contaminated concentrations, as determined
by the laboratory professional or his duly assigned representative.
Responsibility for obtaining a permit for approval to deposit
approved soil material is with the property owner.
Each permit issued under the terms of this chapter shall be
valid only for the location(s) described in the permit and shall be
valid for one year from the date of issuance, subject to renewal.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall pay the required fees in connection
with the permit as outlined herein, plus all costs associated with
having the material tested, plus a cost of $5 for each and every cubic
yard of material that has been imported to the site, as determined
by the Town. Such person, firm or corporation shall also be liable
to a fine of not more than $2,000 or to imprisonment for a term not
to exceed 90 days, or both such fine and imprisonment, at the direction
of the Municipal Court. Every day in which such violation continues
after due notice has been served shall constitute a separate violation
or offense.
