[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville during codification; see Ch. 1, General Provisions,
Art. II. Amendments noted where applicable.]
No sanitary landfill, dump or any other operation for the disposal,
processing or handling of refuse shall be operated or maintained within
the Borough of Somerville until an application has been made for a
permit therefor and approval has been given by the Board of Health
and the Borough Council of the Borough of Somerville and until all
other regulations and ordinances of the State of New Jersey and the
Borough of Somerville, including those governing planning and zoning,
have been complied with.[1]
A.
Application for permit.
(1)
The application for a permit shall be in writing on a form supplied
by the Board of Health or in such manner as prescribed by said Board
and shall include the following:
(a)
A plot plan of the exact area with the calculation of acreage,
on which plot plan will be indicated the various complete engineering
details proposed, including contours, nearness of streams, existing
roadways and/or natural drainage ditches and proposed methods of keeping
open and not contaminating such streams or watercourses, as well as
any other information required by the New Jersey Department of Environmental
Protection.
(b)
A general description of the operation to be established on
the site, including the area and depth of the expected and maximum
fill.
(c)
Payment of a fee of two hundred dollars ($200).
(2)
The application for the permit shall, in addition, be accompanied
by a cash bond or a bond with corporate surety in the penal amount
of ten thousand dollars ($10,000) to assure:
(a)
That the licensee, his agent and employees will comply with
all the terms, conditions, provisions, requirements and specifications
contained in this chapter.
(b)
That the licensee, his agent and employees will faithfully operate
the sanitary landfill or other place for which the license may be
issued in accordance with the provisions of this chapter and any other
applicable ordinances of the Borough of Somerville and of the Board
of Health of the Borough of Somerville.
(c)
That the licensee, his agent and employees will save harmless
the borough from any expense incurred through the failure of the licensee,
his agent and employees to operate and maintain a sanitary landfill
as required by this chapter and any other applicable ordinances of
the Borough of Somerville and the Board of Health of the Borough of
Somerville, including any expense the said borough may be put to for
correcting any conditions of violation of this chapter or any other
ordinances of the Borough of Somerville or of the Board of Health
of the Borough of Somerville. Opportunity to correct such condition
will first be given by the Borough Council of said borough or by the
Board of Health, in their respective jurisdiction, to the operator,
by giving the operator no less than five (5) days' notice in
writing; and in the event the operator does not commence correction
of the condition of violation within the time specified in the notice,
the borough may proceed with said correction.
Before acceptance, all bonds shall be approved as to form by
the Attorney of said borough. If a corporate bond is offered, it shall
be executed by a company authorized to transact business in the State
of New Jersey as a surety. If a cash bond is offered, it shall be
deposited with the Borough Clerk, who shall give his official receipt
therefor, reciting that said cash has been deposited in compliance
with and subject to the provisions of this chapter.
B.
Renewal of permits. Permits for the landfill operation shall be valid for a period of one (1) year from the date of issuance. The renewal shall be for a further period of one (1) year and shall be subject to a continuance of the guaranty for satisfactory performance mentioned in Subsection A of this section and upon payment of the annual fee of two hundred dollars ($200). Said fee shall be collected annually and be payable to the Borough of Somerville. If, after examining the application, the Borough Council determines that there are changes from the previously filed plan or plans and/or changes from the description of the landfill site and operation to be conducted thereon, the applicant will not be entitled to a renewal as a matter of course, and such renewal application shall be considered as a new application and must be made in accord with Subsection A of this section.
The borough landfill is exempted from these regulations since
it is owned and operated as a function of the borough government.
The Borough Council of the Borough of Somerville may waive all or
any part of these regulations for any landfill existing prior to the
adoption of this chapter.
The sanitary landfill or disposal operations shall comply with
the following regulations:
A.
There shall be no dumping of any refuse of any nature in a sanitary
landfill in the Borough of Somerville where such refuse originates
outside of the Borough of Somerville.
B.
Hours. The refuse matter shall be dumped Monday through Friday, inclusive,
between the hours of 7:00 a.m. and 3:00 p.m.
C.
Adequate water and fire-fighting equipment shall be readily available
to control any and all fires and shall consist of such equipment as
prescribed by the Fire Department of the Borough of Somerville. Such
equipment shall be deemed adequate if water in the amount of at least
five hundred (500) gallons under pressure is available on the site.
D.
All regulations of the Department of Environmental Protection shall
be strictly adhered to.
[Amended 2-7-83 by Ord. No. 940]
Any person, persons, partnership, firm or corporation who shall
violate any of the provisions of this chapter shall be liable to a
penalty of one thousand dollars ($1,000). For a second and subsequent
violation of the provisions of this chapter, any person, persons,
partnership, firm or corporation shall be liable to a penalty of two
thousand five hundred dollars ($2,500). In addition, for a second
or subsequent violation, there shall be no further permits issued
for utilization to the landfill to any person, persons, partnership,
firm or corporation or their agents, servants or employees. Each day
of violation of any of the provisions hereof, after service of the
initial complaint, shall constitute a separate offense. A complaint
for violation of this chapter may be made by the Board of Health or
other proper official of the borough.
