For purposes of this chapter, the terms used herein are defined
as follows:
ACCEPTABLE SOIL/FILL
Non-water-soluble, nondecomposable, inert solids such as
soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete,
brick, glass, and/or clay or ceramic products, free of construction/demolition
debris, garbage, refuse, or sludge and not containing concentrations
of one or more contaminants that exceed the 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.
APPLICANT
The property owner requesting a soil importation permit as
provided for in this chapter.
CONSTRUCTION/DEMOLITION DEBRIS
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; nonasbestos
building insulation; plastic scrap; carpets and padding; and other
miscellaneous materials.
CONTAMINATED PROPERTY
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.
CONTAMINATED SOIL/FILL
Any soil/fill containing contaminants exceeding the current
requirements for 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.
DEVELOPMENT
The construction, reconstruction or relocation of any structure;
land, regrading or disturbance of 5,000 square feet or more; and/or
any subdivision of land classified as a major subdivision by Jackson
Township ordinance.
DREDGED MATERIAL
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.
FILL
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.
PERMIT
The official document issued by the Township Engineer approving
the soil importation application.
PERSON
Includes an individual, firm, corporation, association, society
or partnership, or other business entity and their agents or employees.
REMEDIAL ACTION
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.
A 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.
REMEDIATION or REMEDIATE
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.
Whenever an application for a permit is denied, the applicant
may appeal the denial to the Township Council of the Township of Jackson
by filing a written notice of appeal with the Township Clerk within
30 days after receiving written notice of the denial of such application.
The Township Council shall thereafter hold a public hearing within
60 days on the matter in accordance with rules or procedures to be
established by the Township Council and may modify, affirm or reverse
the decision of the Township Engineer.
Any person who violates any provision of this chapter shall
be liable to a fine of not more than $5,000 or to imprisonment for
a term not to exceed 90 days, or both such fine and imprisonment,
at the discretion 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 §
364-5 above and/or suspension or revocation of such a permit.