[HISTORY:[1] Adopted by the Mayor and Council of the Town of Secaucus 11-28-2023 by Ord. No.
2023-28. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Non-water-soluble, nondecomposable, inert solids such as
soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, and/or
clay, free of construction/demolition debris, garbage, refuse, or
sludge that meets the requirements of this chapter. Fill may be from
an authorized quarry/mine facility. Fill shall not contain concentrations
of one or more contaminants that exceed the NJDEP Migration to Groundwater
Soil Remediation Standards, DEP's Residential Direct Contact
Soil Remediation Standards or Non-Residential Direct Contact Soil
Remediation Standards, whichever is more stringent, as set forth in
N.J.A.C. 7:26D, Remediation Standards.
The property owner requesting a soil importation permit as
provided for in this chapter.
Mixed waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements and other structures that includes, but is not
limited to, treated and untreated wood scrap; tree parts, tree stumps
and brush; plaster and wallboard; roofing materials; corrugated cardboard
and miscellaneous paper; ferrous and nonferrous metal; non-asbestos
building insulation; plastic scrap; carpets and padding; and other
miscellaneous materials.
Any property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
Any soil/fill containing contaminants exceeding the current
requirements of the NJDEP Migration to Groundwater Soil Remediation
Standards or the most stringent concentrations between the Non-Residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D, Remediation Standards.
Sediments removed from under a body of water such as, but
not limited to, a bay, harbor, lake, stream and river, removed during
a dredging operation that are displaced or removed to another location.
Material placed at a location for the purpose of filling
low areas, changing the contours of an area, stabilizing existing
grades and/or raising the grade of an area. Fill usually consists
of soil, but may also include non-water-soluble, nondecomposable,
inert solids, such as rock, gravel, brick, block, concrete, glass,
and/or clay or ceramic products or any combination thereof.
An experienced environmental consultant licensed by the New
Jersey Department of Environmental Protection and qualified to conduct
the remediation of contaminated sites in New Jersey without prior
New Jersey Department of Environmental Protection approval in accordance
with all remediation statutes, and Department rules and regulations.
The official document issued by the Town of Secaucus for
the moving of greater than 200 cubic yards of material on one site.
The official document issued by the Town of Secaucus for
the moving of 15 to 200 cubic yards of material on one site.
The official document issued by the Town of Secaucus approving
the Soil Importation Application. For 15 to 200 cubic yards of material,
a minor soil fill permit will be issued. For greater than 200 cubic
yards of material, a major soil fill permit will be issued.
Includes an individual, firm, corporation, association, society
or partnership, or other business entity and their agents or employees.
As defined in the Technical Requirements for Site Remediation
(Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken
at a contaminated site as may be required by the Department, including,
without limitation, removal, treatment measures, containment, transportation,
securing, or other engineering or institutional controls, whether
to an unrestricted use or otherwise, designed to ensure that any contaminant
is remediated in compliance with the applicable remediation standards.
Remedial action continues as long as an engineering control or an
institutional control is needed to protect the public health and safety
and the environment, and until all unrestricted use remediation standards
are met.
All actions to investigate, clean up, or respond to any known,
suspected, or threatened discharge of contaminants, including the
preliminary assessment, site investigation, remedial investigation,
and remedial action, or any portion thereof; provided, however, that
"remediation" or "remediate" shall not include the payment of compensation
for damage to, or loss of, natural resources.
The arable soil is within eight inches of the surface.
Refers to the Town of Secaucus, County of Hudson, State of
New Jersey.
A.Â
Permit required.
(1)Â
No person shall deposit or place soil/fill material, or cause, allow,
or permit soil/fill to be placed on any property in the Town of Secaucus
unless a permit is issued by the Town and any other applicable county,
state or federal approval(s) or permit(s) are obtained.
(2)Â
All other required local, state or federal approvals or local Soil
Conservation District requirements regarding the acceptability and
placement of soil/fill materials shall be adhered to.
(3)Â
This chapter does not apply to soil/fill imported for the purposes
of remediation pursuant to the Administrative Requirements for the
Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C) and Technical
Requirements for Site Remediation (N.J.A.C. 7:26E), operation and/or
closure of sanitary landfills (N.J.A.C. 7:26), or dredge repository
sites approved by state or federal agencies.
B.Â
Unless otherwise exempt, no permit shall be issued unless:
A person is not required to obtain a permit under this chapter
for the following:
A.Â
Minor filling associated with landscaping activities at any property
where up to 15 cubic yards, or as otherwise allowed by the New Jersey
Department of Environmental Protection under applicable regulations,
per year of acceptable soil/fill material is being deposited.
B.Â
Fill for septic installation and/or repair certified to be such by
a licensed New Jersey engineer or approved by the local health agency.
C.Â
Virgin quarry products including, but not limited to, rock, stone,
gravel, sand, clay and other mined natural products when it is certified
as quarry/mine material by a licensed quarry/mine. Documentation must
be provided for this exemption.
D.Â
Acceptable soil/fill material being moved from one section of an
owner's property to another section of the same property.
E.Â
Soil/fill imported to or moved within a properly licensed Class B
recycling facility.
F.Â
Acceptable soil/fill moved from a properly licensed Class B recycling
facility.
G.Â
Public works projects conducted for or contracted by a public entity
or utility regulated by the Board of Public Utilities provided the
soil/fill material meets the definition of acceptable soil/fill.
H.Â
The storage of sand, soil, stone, topsoil, mulch or other similar
materials on lawfully existing landscaping and contractor yards, provided
the materials are in conformance with the Soil Rankings Criteria found
in N.J.A.C. 7:26D, Appendix 1, Table 1A.
The property owner receiving the soil/fill material is responsible
for obtaining the permit.
A.Â
Each permit issued under the terms of this chapter shall be valid
only for the volume, location(s) and soil/fill material described
therein and shall be valid for the duration of the project specified
in the permit application.
B.Â
In granting permits, the Construction Official, Town Engineer or
their designee shall have the power to place conditions and terms
on the permit in the interest, health, safety and general welfare
and in accordance with the specifications of this chapter.
The procedure to apply for a soil/fill importation permit shall
be as follows:
A.Â
All applications for soil/fill importation permits shall be filed
with the Town of Secaucus' Construction Department, who shall
administer the applications and permits.
B.Â
Fees shall be remitted at the time of application. The fee shall
address the costs associated with the review of the application and
for any field monitoring inspections, as applicable.
C.Â
The application shall include Form SI-1 Acceptable Soil/Fill Material
Certification Form to be completed as follows:
(1)Â
By the soil/fill material supplier.
Part 1: The date the form is completed, the soil/fill supplier's
name, title, company name, State of New Jersey A-901 license number,
address, telephone number, and email contact information.
Part 2: The site name(s), address(es), and block/lot of the
property(ies) supplying the soil/fill material.
Brief history of the source property(ies), including current
or past use of the property, and the New Jersey Department of Environmental
Protection Program Interest Number (if applicable).
Answers to questions 1 through 3.
Provide analytical testing results, number of samples collected
and analyzed, and justification for the number of samples collected
and parameters tested in accordance with applicable requirements in
the most recent NJDEP "Fill Material Guidance for SRP Sites."
All analytical testing shall be performed by a New Jersey Department
of Environmental Protection Certified Laboratory.
If analytical testing was not conducted, justification for making
a determination that the soil/fill is acceptable without having analytical
results must be presented and approved by the Town.
For major soil fill permits, an LSRP must certify (signature)
that the material being imported meets the definition of acceptable
soil/fill. For minor soil fill permits, an LSRP or Certified Subservice
Evaluator must certify (signature) that the material being imported
meets the definition of acceptable soil/fill.
(2)Â
By the person receiving or placing acceptable soil/fill material.
Part 3: The date the form is completed, the name, title, company
name, address, telephone number, and email contact information.
The address of the location where soil/fill placement will be
placed.
Answers to questions 1 through 5.
Certification (signature) from the person receiving or placing
the soil/fill material.
(3)Â
For major soil/fill importing permit (greater than 200 cubic yards):
The application shall also include signed and sealed Site Plans and
Geotechnical Engineering Reports in accordance with the guidelines
set forth on the Form SI-1 Acceptable Soil/Fill Material Certification
Form.
Within 30 days after receipt of a complete application, the
Town shall review the application and either approve, conditionally
approve or deny the application.
Whenever an application for a permit is denied, the applicant
may appeal the denial to the Town Administrator by filing a written
notice of appeal with the Town Clerk within 30 days after receiving
written notice of the denial of such application. The Town Administrator
shall thereafter hold a hearing within 60 days on the matter and may
modify, affirm or reverse the decision.
Any person who violates any provision of this chapter shall
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. Upon order of the Court, the violator shall
pay all costs associated with analytical testing, remediation, removal
and proper disposal of soil/fill material determined to not to comply
with the definition of acceptable soil/fill.
The person receiving a permit pursuant to this chapter shall comply with all conditions set forth in the permit. Submitting false information or noncompliance with a permit may subject the person receiving a permit to a penalty pursuant to § 115-9 and/or suspension or revocation of such a permit.
