[1983 Code § 159-1]
The Borough Council finds and determines that the unregulated
relocation, filling, excavation and removal of soil or minerals on
a large scale has resulted in conditions detrimental to the public
safety, health and welfare, substantially hampering and deterring
the efforts of the Borough of effectuate the general purpose of municipal
planning, with the potential to cause a public nuisance.
[1983 Code § 159-2]
This chapter may be cited as the "Soil Mining and Removal Ordinance
of the Borough of Pompton Lakes."
[New; 1983 Code § 159-3]
As used in this chapter:
A developer or excavator as defined herein below.
Soils that contain contaminants that are below Category III
soil limits as established as the action level by the New Jersey Department
of Environmental Protection or soils that are defined and interpreted
as "clean fill" by the New Jersey Department of Environmental Protection,
whichever establishes a lower limit for any contaminant; provided,
however, that no fill shall be considered "clean fill" which contains
any contaminants above the receiving site's background level.
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in soil mining as defined
by this chapter.
Any person who shall move or remove soil as said term is
hereinafter defined in this section.
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough or in
the Office of the Register of Deeds, Passaic County.
A permit for the moving of 500 cubic yards or more of soil.
To move soil or minerals.
A permit for the moving of less than 500 cubic yards of soil.
To dig, to excavate, to remove, to deposit, to place, to
fill, to grade, regrade, level to otherwise alter or change the location
or contour; to transport or to supply. "Move" shall not be construed
to include plowing, spading, cultivation, harrowing or discing of
soil or any other operation usually and ordinarily associated with
the preparation of soil for agricultural or horticultural purposes.
Any person seized in fee simple of any lot or having such
other interest or estate therein as will permit exercise or effective
possession thereof or dominion thereover.
Any individual, firm, association, partnership or cooperation
of any group of two or more of them.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation and meets NJDOT Standard
specifications for topsoil.
Any woody perennial plant with one main trunk, such trunk
having a diameter of at least four inches when measured 4 1/2
feet above the ground.
An area of the property which is the subject of a soil mining
permit application, said area consisting of at least 100 square feet,
the surface of which is vegetated so as to form a visual screen.
[1983 Code § 159-4]
A.
The provisions of this chapter shall not apply to the following:
1.
Excavations for the construction or repair of individual subsurface
sewage disposal systems (septic systems) when such construction or
repair is performed pursuant to a permit duly issued by the Borough
of Pompton Lakes Health Department.
2.
New construction or additions pertaining to one- and two-family homes
and related accessory structures, which are subject to the approval
and issuance of a permit therefor by the Borough of Pompton Lakes
Construction Department, provided that after construction, the finished
grade on the lot shall not be lower than six inches higher than the
crown of the road abutting the property on which the construction
or addition is located.
3.
The movement of less than 50 cubic yards of soil or 500 square feet
of disturbed area, whichever amount is less.
4.
The excavation, soil removing, desnagging or dredging of any waterways,
lakes or streams where the work is performed by or under a contract
with the Borough of Pompton Lakes.
5.
The construction, reconstruction of any sanitary sewer, storm drainage
or water supply system by the Borough of Pompton Lakes, the County
of Passaic or a public utility or authority.
B.
If approval by either the Soil Conservation Service of the State
of New Jersey or the New Jersey Department of Environmental Protection
or any other governmental agency is required, such approval shall
be required as a condition of the approval of the soil mining permit
application, and no soil mining permit shall be issued until same
has been obtained.
C.
The provisions of this chapter shall be enforced in conjunction with the Land Use Ordinance of the Borough of Pompton Lakes, codified as Chapter 190, Zoning and Land Use, and each soil mining application shall be submitted concurrently with an application for site plan or subdivision approval; and no soil mining operation shall take place without the project first having received site plan or subdivision approval as the case may be.
[1983 Code § 159-5]
A.
No person shall remove, move or cause, allow, permit or suffer to
be removed or moved any soil from, in or upon any land in the Borough
unless and until a soil permit therefor shall first have been obtained,
except as provided herein.
B.
No owner of any land in the Borough shall cause, allow, permit or
suffer any soil from, in or upon such land to be received, removed
or moved by any developer or excavator until such developer or excavator
shall first have obtained a soil mining permit therefor, except as
provided herein.
C.
The soil mining permit shall not be assignable or transferable.
[1983 Code § 25-5.1]
A.
No person shall place or replace or fill or refill any land in the Borough with other than clean fill, except as provided in Section 25-4A, unless and until a soil permit therefor shall first have been obtained.
B.
No owner of any land in the Borough shall cause, allow, permit or suffer any soil or fill to be placed or replaced by any person, except as provided in Section 25-4A, unless and until a soil permit therefor shall first have been obtained.
C.
The use of any soil mixed with other materials (brick, cement, etc.)
as fill shall also comply with the requirements and procedures established
by the New Jersey Department of Environmental Protection Bureau of
Solid Waste Management.
D.
Soils having objectionable odors shall not be used in residential
areas or other locations where the public will be exposed to the odor.
Said soil shall not be in violation of the air pollution rules established
by the New Jersey Department of Environmental Protection.
E.
All soils used shall also comply with all applicable federal, state
and local regulations.
F.
All soils to be used as fill or refill on any property in the Borough
shall be tested to determine that the soil constitutes clean fill,
which tests shall be made prior to the delivery of the soil to the
property and after the soil has been placed as fill or refill. The
number and location of tests shall be determined by the Borough Engineer
in accordance with good engineering practice to reasonably demonstrate
that the soil being used for fill or refill complies with the provisions
of this section.
[1983 Code § 159-6]
A.
All applications for the issuance of major soil permits are hereby
referred to the Planning Board of the Borough, which Board shall consider
such application and make its report recommending the issuance or
denial of such permit.
B.
All applications for minor soil permits are hereby referred to the Borough Engineer, who shall approve, conditionally approve or deny said permits within 14 days of receipt of same. In the event that said minor soil permit is conditionally approved or denied by the Borough Engineer, the applicant shall have the right to appeal the decision of the Borough Engineer to the Planning Board of the Borough within 21 days of such conditional approval or denial. Such appeal shall be made in writing, sent by certified mail and addressed in care of the Municipal Clerk and shall include a copy of such conditional approval or denial and all information made available to the Borough Engineer, upon which his decision was made. The Planning Board shall, within 30 days of receipt of said appeal, either affirm, modify or reverse the decision of the Borough Engineer and shall notify the applicant within seven days of such decision. In all other respects, the hearing of appeal pursuant to this chapter shall be held in accordance with Section 25-10 herein.
[1983 Code § 159-7]
A.
Applications for major and minor soil mining permits shall be made
on forms prescribed and supplied by the Planning Board. The applicant
shall set forth under oath, in duplicate, the following:
1.
The name and address of the applicant.
2.
The names and addresses of the owners of the premises.
3.
The relationship between the applicant and the owners.
4.
The interest that the applicant has in the lands in question.
5.
The purpose or reason for moving the soil.
6.
The kind and quantity, in cubic yards, of soil to be removed.
7.
In case of removal, the place to which the soil is to be removed.
8.
The proposed date of completion of the work, including hours and
days of operation.
9.
The name and address of the excavator, contractor or the person having
express charge, supervision and control of the proposed excavation
work.
10.
The name and address of the person to have charge or control of the
operation of the hauling away of the excavated material.
11.
The names and addresses of all persons having an interest in any
of the proceeds which may be derived from the sale or disposal of
excavated material.
12.
The number, capacity, type and description of each piece of equipment
to be used in the operation and the number of truck loads to be removed.
13.
The routes over which the material will be transported and the method
of traffic control.
14.
The method of abating noise and dust in the operation.
15.
The number of trees to be removed.
16.
The means of assuring lateral support and preventing erosion, floods
and the washing of silt into streams or adjoining properties.
17.
The means of protection of adjoining and downstream properties from
the effects of the operation.
18.
If explosives are expected to be used in the course of operation.
19.
The number and area of preblast surveys to be conducted. A preblast
survey shall include all off-site structures within 1,500 feet of
blasting area.
20.
The method of notifying persons who may be affected of a blast in
sufficient time to protect themselves.
B.
Accompanying the application for major soil permit shall be eight
copies of a topographical map at a scale of not less than one inch
equals 50 feet and showing contour intervals at five feet for grades
of 10% or greater and contour intervals at two feet for grades of
less than 10%. The map shall be prepared and certified by a New Jersey
licensed engineer and shall show:
1.
The present grades on a 100-foot grid layout.
2.
The proposed grades at said points when the work has been completed.
3.
The quantity, in cubic yards, of soil involved in the work.
4.
The grades of all abutting streets and lots.
5.
Proposed slopes and lateral supports.
6.
Present and proposed surface water drainage.
7.
All areas within 100 feet of that portion of the property which will
be involved in the soil mining activities.
8.
Such other pertinent data as the Borough Council may hereafter by
resolution require.
[1983 Code § 159-8]
A.
Minor soil permit. The application shall be submitted to the Borough
Administrator with a filing fee of $50. Resubmission of a minor soil
permit application shall be accompanied by a fee of $25 per resubmission.
B.
Major soil permit. The application shall be submitted to the administrative
officer with a topographical map and a filing fee of $125, plus an
amount equal to $0.02 per cubic yard for every cubic yard which exceeds
500. The number of cubic yards of soil to be used in the computation
of the fee shall be as stated in the application and on the accompanying
topographical map. Resubmission of a major soil permit application
shall be accompanied by a fee of $50 per resubmission.
C.
In the event that the application for a major soil permit shall be
denied by the Planning Board, all that portion of the fee in excess
of $125 shall be refunded to the applicant upon application therefor.
D.
Resubmissions of application, when required. Where substantial changes
in the soil mining permit application have been required as a condition
of approval, the applicant may be required to resubmit an application
with approved amendments to the administrative officer. The Borough
Engineer shall review the resubmission to determine conformance with
the terms and conditions of approval.
E.
In addition to the filing fee, the applicant shall also deposit funds
with the administrative officer to cover the costs of review services
provided by the Borough Engineer. The deposit shall be based upon
the Borough Engineer's good-faith estimate of the costs of services
to be provided by the Borough Engineer pursuant to this chapter. Any
unused portion of the deposit shall be returned to the applicant.
If the cost of the review services exceeds the amount of the deposit,
sufficient additional funds shall be deposited before the approval
of the permit shall become effective.
[1983 Code § 159-9]
A.
Within 45 days after receipt of said application or within such further
time as may be consented to by the applicant, the Planning Board shall
review and consider the same and render its decision. Notice of the
time and place of the Planning Board's consideration of the application
for a major soil permit shall be given by certified mail to the applicant.
B.
The applicant shall cause notice of the hearing to be published in
the official newspaper of the Borough at least 10 days prior to the
date of the hearing by the Planning Board. The applicant shall provide
notice, by personal service or certified mail, within 10 days of the
date of hearing, to all of the owners of real property located within
400 feet, in all directions, as their names appear on the municipal
tax records, of the time, date, location and subject matter of said
hearing. The affidavits of publication and service shall be filed
with the Planning Board at the time of hearing.
C.
The Planning Board shall have the right to engage the services of
a planning consultant, an engineer, counsel, stenographer and other
experts which it, in its discretion, believes necessary to make its
decision. The Board, at its option, shall require the applicant to
offer his proofs under oath.
[1983 Code § 159-10]
The Planning Board shall deliver its report and shall grant,
conditionally grant or deny the application for a major soil permit.
The aforesaid shall be decided by resolution of the Planning Board,
which shall be made within 45 days after completion of the public
hearing, unless said time shall be extended with the approval of the
applicant.
[1983 Code § 159-11]
In considering any application, the Borough Engineer or the
Planning Board shall be guided by the general purpose of municipal
planning and shall take into consideration the following:
A.
Soil erosion by water and wind.
B.
Surface water and wind.
C.
Soil facility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
The general welfare of the Borough and its citizens.
H.
The unsightliness of the premises after excavation.
I.
The effect of flooding upon the premises in question.
J.
Whether the proposed work will create a nuisance.
K.
Whether the proposed work is necessary in connection with the development
of the property.
L.
Traffic congestion.
M.
The effect the proposed activities will have on surface and subsurface
drainage.
N.
The preservation of existing watercourses.
O.
The creation of sharp declivities, pits or depressions.
P.
Whether the proposed removal of soil constitutes a commercial activity.
Q.
Such other factors as may bear or relate to the coordinated, adjusted
and harmonious physical development of the Borough.
R.
Compatibility with the zoning scheme of the Borough.
S.
The effect of the use of blasting in the operation on adjoining properties,
public utilities (gas, water, telephone, electric and CATV) and transmission
lines and the general public.
T.
Methods in ingress and egress to and from site.
[1983 Code § 159-12]
A.
No major soil permit shall be issued and no soil mining shall commence unless and until the applicant therefor shall have posted with the Municipal Clerk a performance guaranty in form and with surety acceptable to the Borough in an amount determined by resolution of the Planning Board. Such guaranty shall be posted in favor of the municipality, with the Municipal Clerk, and shall assure faithful performance by the principal, within the time period specified in the major soil permit, that all proposed soil mining shall take place in accordance with said permit and all applicable Borough and other governmental approvals and protection of off-site property from damage as provided in Section 25-28. Acceptable forms of surety shall include cash or other form approved by the Planning Board and shall be provided in the amount determined by resolution of the Borough Council in conformity with the provisions of paragraph B below.
B.
Any performance guaranty required pursuant to paragraph A above shall
be based upon an estimate prepared by the Borough Engineer at the
request of the Planning Board. The amount of the performance guaranty
shall be in the amount required to restore all disturbed areas to
a revegetated state, to restore interrupted drainage patterns and
to generally provide moneys to repair that damage which has been caused
by development which is not consistent with approvals therefor.
C.
In the event that a final site plan or subdivision approval is subject
to a posting of a performance guaranty, no major soil mining performance
guaranty shall be required by the Planning Board as a condition of
major soil permit approval; however, the standards of performance
in the aforesaid performance guaranty shall include performance in
accordance with the terms of this chapter and a permit issued thereunder.
[1983 Code § 159-13]
The major soil mining permit shall set forth all of the conditions
under which the same was granted and the time during which said soil
removal shall be completed.
[1983 Code § 159-14]
A.
In the event that major soil removal is permitted, the applicant
and owner shall proceed with the work within 30 days after the resolution
of the Planning Board authorizing the Municipal Clerk to issue the
major soil mining permit.
B.
The applicant or owner shall, within 30 days from each three-month
period following the date of the permit, furnish the Borough Engineer
a certification, in writing, by a duly authorized licensed engineer
of the State of New Jersey, certifying the amount of material removed
during such three-month period, which certification shall be accompanied
by a profile map and other engineering data in support of the certification.
[1983 Code § 159-15]
In the event that the guaranty required by the Planning Board is not furnished within 30 days from said resolution referred to in Section 25-15A, or in the event that said work is not commenced within said time, the applicant or owner shall not have the right to remove any soil, and said major soil mining permit shall be revoked.
[1983 Code § 159-16]
In the event that, in the opinion of the Borough Engineer, the
project, or any part thereof, has been abandoned, is unnecessarily
delayed or cannot be completed at the rate of progress or within the
time specified in the major soil mining permit, then the Borough Engineer
may so certify in writing to the Planning Board, and the Planning
Board may declare a default and notify the person having an interest
in, or in charge, to discontinue the project. The Planning Board may,
at its option, revoke the major soil mining permit or may call upon
the surety on the performance guaranty to complete the project.
[1983 Code § 159-17]
A.
In the event that the Borough Engineer determines that the amount
of materials removed or filled exceeds the gross amount permitted
to be removed or filled under the major soil mining permit, the applicant
or owner shall immediately restore to or remove from the site under
the direction of the Engineer, the amount of material taken or filled
in excess of the amount permitted to be removed or filled. The materials
to be restored or removed shall be of the same type and quantity of
the material removed or filled. The cost of restoring or removing
such material shall be borne by the applicant or the owner. In the
event that such excess material is not restored or removed, the Borough,
at its option, shall restore or remove such material at the cost and
expense of the applicant or owner, which cost or expense shall be
a lien upon the premises from which the excess is taken or placed,
and said lien shall be enforced in the same manner that liens for
nonpayment of real estate taxes are enforced.
B.
In the event that the amount of material removed or filled is in
excess of the amount of material permitted, the major soil mining
permit shall be revoked except to permit the applicant to restore
or remove the excess material.
C.
In the event that the amount of material removed or filled is more than as stated in the certification referred to in Section 25-15B and the owner or applicant has not removed or restored all the yardage permitted under the major soil mining permit, said permit shall be suspended until the owner or applicant pays to the Borough the amount it is entitled under the terms of Section 25-9 hereof.
[1983 Code § 159-18]
If, pursuant to a major soil permit, any person, owner, developer
or excavator removes topsoil within any lot or adds fill to any lot,
provisions shall be made for the storage of said topsoil within the
boundary lines of said lot.
[1983 Code § 159-19]
All ingress and egress to the site shall be by means designated
in the application and permit. All soil which is to be moved from
one location to another within the site shall be moved entirely within
the site itself, and public streets shall not be used for that purpose
without specific approval by the Planning Board.
[1983 Code § 159-20]
There shall be no major soil mining operations, including but
not limited to loading or unloading, on Sundays, legal holidays or
Saturdays after 12:00 noon nor at any time between the hours of 4:00
p.m. and 8:00 a.m. following, prevailing time.
[1983 Code § 159-21]
Where major soil mining is permitted under this chapter, no person, owner, developer or excavator shall remove to any part beyond the boundary lines of the lot any topsoil whatsoever, unless and until topsoil not inferior in quality to that which has been removed shall first have been replaced uniformly to a depth of not less than six inches measured from the proposed final grades as shown on the topographical map referred to in Section 25-8B over the entire disturbed area of the lot, excepting only such portions thereof as shall be or shall have become, since the date of filing of such topographical map, permanently covered by a building or structure, street, pavement, curb, sidewalk or other paved area or by any body of water or waterway. In no event shall the developer or excavator remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.
[1983 Code § 159-22]
A.
Where major soil mining is permitted, no developer or excavator shall,
at any time, in the course of the work dig or excavate more than six
inches below the proposed final grades as shown, unless:
1.
The major soil permit specifies otherwise and the performance guaranty, referred to in Section 25-13, makes specific provision for replacement, on or before the completion date set forth in the soil permit, of soil of sufficient quantity and kind to restore the final grades to those shown on the topographical map referred to in Section 25-8B hereof; or
2.
After issuance of the major soil permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply
to the Planning Board for an amendment to the application and topographical
map then in effect, which amendment may be granted upon such terms
and conditions as the Planning Board may deem necessary to assure
adherence to the purposes and objective of this chapter.
B.
Where the major soil mining is permitted, no person, owner, developer
or excavator shall deposit soil upon, fill in or raise the grade of
any lot without first making provisions for:
1.
The use in said work of soil or such other materials as will not
result in deviation from the proposed final grades or the uniformity
thereof by reason of any abnormal shrinkage or settlement.
2.
The collection and storage upon the lot of the original topsoil to the end that said topsoil shall not be buried beneath soil or other material of inferior quality and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map referred to in Section 25-8B,2. In the event that such provision shall not be practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil, excepting only such portions thereof as shall become permanently covered by a building or structure, street, pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway, of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six inches measured from the proposed final grades as shown on said topographical map.
3.
The preservation of existing watercourses.
[New; 1983 Code § 159-23]
If the soil mining is to be conducted in part by blasting, no
person, owner, developer or excavator shall conduct any blasting activities
unless:
A.
The person holding the permit issued pursuant to this chapter has
complied with all regulations of the State of New Jersey, the Uniform
Fire Code and the Uniform Construction Code.
B.
A licensed blaster is present at the site to supervise the blasting
activities.
C.
The name and license number of the licensed blaster is registered
with the Chief of Police.
D.
A preblast survey has been conducted and reviewed by the Borough
Engineer of the area likely to be affected by blasting activities
not less than 1,500 feet from the blasting area. A copy of the preblast
survey shall be filed with the Municipal Clerk prior to the commencement
of any work and shall be available for public inspection as a public
record.
E.
All blast material is confined to the permit site.
F.
The person holding the permit shall notify the Chief of Police and
the Borough Engineer at least 24 hours prior to any blasting of the
time and location of proposed blasting.
G.
A preblast signal and warning to occupants of premises within 1,500
feet of blast area must be given by the contractor. The method of
warning must be approved by the Planning Board and the Chief of Police.
H.
Special care shall be taken to protect public utility (water, gas,
electric and CATV) transmission lines. The contractor shall determine
each utility affected and shall notify each utility of the blasting
activity so that adequate preparations can be made by the utility
in case of damage.
[1983 Code § 159-24]
In order to prevent erosion, any developer or excavator removing
soil shall have as many trees as practicable in all areas, except
where excavations are made for buildings, driveways and streets. The
application map made by such developer or excavator shall show the
trees to be left standing, for the consideration of the Planning Board.
[1983 Code § 159-25]
In order to prevent spillage, undue dust and dirt conditions, the holder of the major soil mining permit or his agents and servants shall be required to compel every vehicle transporting fill, dirt or other material under said major soil mining permit to be covered with a canvas or similar top covering so as to permit the contents or any part thereof on said vehicle from being scattered or spilled while in the course of moving within the Borough. Any person owning or operating a vehicle without having and using such covering in the course of transporting material within the Borough shall be subject to the penalty provisions of Section 25-33A. In addition, the Planning Board shall have the right, on due notice to the permittee, to suspend or revoke the permit in the event that vehicles are used without such covering or transporting of material is made without the same being covered.
[New; 1983 Code § 159-26]
A.
In order to prevent undue dust conditions, the holder of the major
soil mining permit shall be required to water all roads or streets
or areas, whether temporary or not, within the confines of the site
where such holder's operations are carried on. The areas to be
covered with water and the quantity and number of applications and
the periods when such areas shall be covered shall be determined by
the Planning Board and stated in the resolution granting approval
thereof. All runoff from the watering of roads must meet NJDEP requirements
for discharge into waterways.
B.
In order to prevent undue dust conditions, the areas where actual
excavations are being carried out shall be watered in the manner prescribed
by the Borough Engineer.
[1983 Code § 159-27]
In the event that an off-site structure is damaged as a result
of the soil mining operations, the holder of the soil mining permit
shall make immediate temporary repairs to protect the structure. The
holder of said soil mining permit shall, within a reasonable time
after the damage has been caused, make permanent repairs to any structure
damaged as a result of the soil mining operations.
[1983 Code § 159-28; New]
For the purpose of administering and enforcing this chapter,
any member of the Planning Board and any authorized officer, agent
or employee of the Borough including the Borough Engineer shall have
the right to enter into and upon any lands in or upon which major
soil moving or mining operations are being conducted to examine and
inspect such lands.
[1983 Code § 159-29]
The Borough Engineer is hereby designated as the officer whose
duty it shall be to enforce the provisions of this chapter. He shall,
whenever directed by the Planning Board or the Borough Administrator
or other officer so designated by resolution of the Planning Board,
inspect the premises for which permits have been granted and ensure
compliance with the terms of the major soil mining permit and of this
chapter.
[1983 Code § 159-30]
The Planning Board shall have the right on due notice given
to the holder of the permit to suspend or revoke the soil mining permit
in the event that the holder refuses or neglects to diligently comply
with the terms and conditions of the permit, the terms and conditions
of this Soil Mining and Soil Removal Chapter of the Borough of Pompton
Lakes or the lawful orders issued by the Borough Engineer in accordance
with the provisions of this chapter or the soil mining permit.
[1983 Code § 159-30.1]
The issuance of a permit pursuant to this chapter shall not
relieve any person from having to obtain any other permits that may
be required in the Borough or any other federal, state, County or
local agency, nor shall it be construed as granting permission to
fill or alter floodplain areas, riparian lands or freshwater wetlands
or impair surface water runoff conditions.
[1983 Code § 159-31]
A.
Any person who violates any provision of this chapter may be subject
to a fine not to exceed $1,000 or by imprisonment for a term not exceeding
90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs.
B.
The imposition of the penalty provided in paragraph A of this section
shall not be deemed to be in lieu of any other provision in this chapter
for revocation or suspension of the major soil mining permit and shall
not constitute a bar to the collection by the Borough from the permittee
of the costs of abating or correcting the violation.
