[Added 9-16-2019 by Ord. No. 2019-13]
As used in this article, the following words shall have the
meanings indicated:
Earth, sand, clay, loam, gravel, humus, rock or dirt, and
may include soil, subsoil or topsoil. No construction debris or contaminated
material is permitted.
The person requesting a soil permit as provided for in this
article.
Any hazardous substance, hazardous constituent, hazardous
waste or pollutant.
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.
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.
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.
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.
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.
All unconsolidated mineral and organic material of any origin.
No owner, agent, lessor, lessee, tenant or occupant of any lot,
grounds, street, road or alley in the Township of Green 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 Township of Green shall deposit thereon or permit
the depositing thereon of any acceptable soil material unless a permit
is issued by the Township 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 100 cubic
yards of approved soil material, in any twelve-month period, conducted
in connection with residential use not subject to any other permitting
requirements set forth in the ordinances of the Township of Green.
Any materials used in activities permitted herein shall nevertheless
conform to all applicable local, state and federal regulations.
3.
Soil
material moved to and from properties located within Green Township,
so long as all properties have common ownership.
Hours of operation shall be limited, from 7:00 a.m. to 6:00
p.m., Mondays through Saturdays, except in emergencies when authorized
by the Township Committee. There shall be no operation of any kind
or character on Sundays, or legal holidays, except in emergencies
when authorized by the Township Committee.
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 Township of Green 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 Township of Green shall be issued unless the applicant submits proof that the acceptable soil material has been tested in conformance with § 26-23.8 of this chapter, if required, 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 for soil importation shall be as follows:
|
Amount of Soil
|
Fee
|
|---|---|
|
0 to 100 cubic yards
|
$0
|
|
Over 100 cubic yards
|
$150, plus $0.25 cents for each additional cubic yard
|
a.
Any acceptable soil material that will be deposited within the Township of Green, which is to be brought into the Township from outside sources, or from sources as within the Township, must be reviewed by the Township Engineer, and, if required by the Township Engineer, tested at the source for compliance with the requirements found in N.J.A.C. 7:26E-1.1 et seq., in accordance with § 26-23.8 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
Township 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 article 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 Township. 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.
