Township of East Windsor, NJ
Mercer County
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CONTAMINANT
Shall mean any hazardous substance, hazardous constituent, hazardous waste or pollutant.
DISTURBANCE
Shall mean any alteration in the grade or quality of soil of any tax map lot (hereafter "lot") likely to affect adversely the environmental qualities of that lot or of adjacent property, as set forth in section 16-4 hereof.
E.P.A.
Shall mean the United States Environmental Protection Agency.
FILL
Shall mean any augmentation of the soil on a lot so substantial that it causes a disturbance.
HAZARDOUS SUBSTANCE
Shall mean any hazardous substance as defined pursuant to section 3 of P.L. 1976, c. 141(C. 58:10-23.11b), hazardous waste, as defined pursuant to section 1 of P.L. 1976, c. 99(C. 13:1E-38), or pollutant as defined pursuant to section 3 of P.L. 1977, c. 74(C. 58:10A-3).
PERMITTABLE SOIL CONTAINMENT LEVELS
Shall mean priority pollutant +40 contaminant levels, which are below the most stringent State Soil Cleanup Criteria and have not been classified as hazardous waste by the New Jersey Department of Environmental Protection.
PRIORITY POLLUTANT PLUS 40 or PP+40
Shall mean the priority pollutant list of 126 compounds and elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 non-targeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purposes of this chapter, a PP+40 scan means the analysis of a sample for all priority pollutants except asbestos and 2,3,7,8-tetrachloro-dibenzo-p-dioxin, and up to 15 nontargeted volatile organic compounds and up to 25 nontargeted semivolatile organic compounds as analyzed using GC/MS analytical methods. Nontargeted compound criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date which the laboratory is performing the analysis.
REDISTRIBUTION
Shall mean a disturbance caused on a lot without fill or removal or caused primarily by moving the existing soil of a lot within the boundaries of that lot.
REMOVAL
Shall mean a disturbance caused by removing soil from a lot.
SOIL
Shall mean earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
No person shall disturb the soil of any lot within the township without having first obtained a permit from the township engineer. No permit shall be required under this chapter if the activity which would be permitted hereunder has specifically been reviewed and approved as part of any construction permit or development application.
Application shall be made to the township engineer and shall be accompanied by the following:
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended disturbance. All plans shall how contours at one-foot intervals unless otherwise approved by the township engineer.
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map.
The proposed dates for the commencement and completion of the work.
Name, address and telephone number of the owner of the land.
Lot and block number of the land as shown on the current tax map of the township.
Reason for disturbing the soil.
Type and quantity of soil to be disturbed.
Location to which soil is to be removed (if applicable).
Such other pertinent data as the township engineer may deem necessary.
In considering the application, the township engineer shall be guided by the following factors:
Soil erosion by water and wind.
Drainage.
Soil fertility.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Any other criteria based on environmental and engineering considerations not inconsistent with the above factors and affecting the public interest as may from time to time be promulgated by regulation of the township engineer.
If, after considering the above factors, the township engineer determines that the proposed disturbance of soil will not be detrimental to the health, safety or welfare of the township or its inhabitants, he shall issue a permit. The township engineer may deny the application or condition the issuance of the permit on such terms and conditions as he may deem appropriate in light of the environmental concerns which may be involved, including the filing of certified topographic or as-built surveys upon completion of the soil disturbance and so notify the applicant. Permits shall be governed by the provisions of subsection 15-1.11.
Soil removal conducted under a permit issued hereunder shall be in accordance with the following:
a. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
b. 
Lands shall be graded to conform to the approved contour lines and grades and shall be cleared of debris.
c. 
The top layer of soil to a depth of six inches shall not be removed from the premises, but shall be set aside and respread over the premises at the conclusion of all other work.
d. 
Adequate measures shall be taken to prevent erosion or the depositing of soil on surrounding lands, streets or municipal facilities.
e. 
No commercial soil mining or soil disturbance for the primary purpose of using the said soil outside the township shall be permitted unless the township engineer, after a full evidentiary hearing on the application, concludes that the environment of the township will not be harmed by such disturbance as is proposed. This hearing shall be in addition to whatever proceedings may be required under the township zoning ordinance or any other township ordinance.
To effectuate the purposes of this section the township engineer may from time to time promulgate such regulations not inconsistent herewith as he deems necessary.
The township engineer shall promulgate by regulation a simplified sketch plat application format for applications involving soil disturbance on lots containing one owner occupied single-family residence.
a. 
The basic fee for an application under section 16-7 shall be $10.
b. 
The basic fee for any other application shall be $25.
In addition, the applicant shall deposit in cash an amount equal to the cost of inspection and testing plus the cost of a topographic survey or as-built, if required pursuant to a permit, plus the estimated cost of any work necessary to prevent erosion or flooding onto lands or streets adjacent to the lot and to eliminate any soil disturbance condition which is likely to be dangerous to health and safety, as all of same may be estimated by the township engineer. As to any estimate of over $5,000 on any application in which the work is estimated to require not less than 60 days, the engineer may, in his discretion, accept any performance guarantee he deems suitable to protect the public interest.
Upon completion of work and fulfillment of all the conditions of any permit the applicant shall pay all actual costs of inspection and testing and receive a certificate of occupancy for the work as inspected and approved.
The removal of lawn sod shall be permitted on the condition that the owner or lessee of the land from which the lawn sod is removed shall within two months replace any soil which has been removed with the sod and reseed same.
a. 
Any person proposing to import fill materials shall provide proof that no contaminants exist in the soil to be imported, including, but not limited to results of tests for permittable soil contaminant levels and priority pollutant plus 40 (or PP+40) scans. A minimum of two samples are to be extracted from the source for laboratory analysis for each 500 cubic yard lot, or fraction thereof. Samples are to be extracted, tested and evaluated by a State certified laboratory. All expenses connected with such testing shall be borne by the applicant. All sampling procedures utilized to characterize contaminants in soil shall be in accordance with the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and the New Jersey Department of Environmental Protection Field Sampling Procedures. Soil to be used for fill shall be sampled at its point of origin.
b. 
In addition to the above requirements, any person proposing to import fill materials shall collect waste classification samples to determine whether such materials are considered hazardous waste. The procedures for collecting representative waste classification samples to determine if the materials are hazardous shall be performed in accordance with the Division of Solid Waste and Hazardous Wastes' Waste Classification Request Form (HWM-009) and all associated references and appendices. Waste classification samples shall be analyzed for the parameters set forth in Appendix 2 of HWM-009. All applicants shall obtain from the New Jersey Department of Environmental Protection Division of Solid and Hazardous Waste a classification determination letter which indicates that the materials are not considered hazardous waste. Soil to be used for fill shall be sampled at its point of origin. All expenses connected with such testing shall be borne by the applicant.
c. 
Proof that the soil to be imported is not high acid producing soil with a pH of 4 or less or containing iron sulfide. Soil to be used for fill shall be sampled at its point of origin. All expenses connected with such testing shall be borne by the applicant.