[HISTORY: Adopted by the Township Committee of the Township of Harmony 3-2-2021 by Ord. No. 21-3. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 137.1 but was renumbered to maintain the organizational structure of the Code.
The purpose of this chapter is to manage the importation and deposition of soil/fill to protect the safety, public health, and general welfare of the community and the environment. The adoption and enforcement of this chapter does not exempt an applicant from other required local, state or federal approvals or local Soil Conservation District requirements and is meant to act in conjunction with all Soil Conservation District requirements and other applicable requirements with regards to acceptability and placement of soil/fill materials.
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.
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 New Jersey Department of Environmental Protection (NJDEP) 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.
- 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.
- 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.
- 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.
- The official document issued by the municipality approving the soil importation application.
- 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.
- As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8, all necessary actions to investigate and clean up or respond to any known, suspected, or threatened discharge, including, as necessary, the preliminary assessment, site investigation, remedial investigation and remedial action; provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.
No person shall deposit or place soil/fill material, or cause, allow, or permit soil/fill to be placed on any property in the Township, unless a permit is issued by the Township and any other applicable county, state or federal approval(s) or permit(s).
Unless otherwise exempt under this chapter, no permit shall be issued unless: 1) the applicant submits proof that the soil/fill material has been tested consistent with municipality's requirements; 2) the soil/fill meets the definition of acceptable soil/fill; and 3) the application otherwise conforms with the standards of this chapter.
A person is not required to obtain a permit under this chapter for the following:
Minor filling associated with landscaping activities at any property where up to 250 cubic yards, per year, of acceptable soil/fill material is being deposited.
Fill for septic installation and/or repair certified to be such by a licensed New Jersey engineer; or approved by the local health agency.
Virgin quarry products, including, but not limited to, rock, stone, gravel, sand, clay and other mined natural products.
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property.
The property owner receiving the soil/fill material is responsible for obtaining the permit.
Each permit issued under the terms of this chapter shall be valid only for the location(s) and soil/fill material described therein and shall be valid for one year from the date of issuance, unless otherwise extended by the Township Engineer.
The procedure to apply for a soil/fill importation permit shall be as follows:
All applications for soil/fill importation permits shall be filed with Township Engineer, who shall administer the applications and permits.
An application fee in the amount of $250 shall be furnished at the time of application.
An escrow fee in the amount of $1,500 to reimburse the Township for reasonable administrative, legal, and engineering work associated with the review of the soil/fill importation permit application shall be furnished at the time of application. The applicant may be required to post additional monies into escrow due to the nature and extent of review of the application.
The application shall be made on forms to be supplied by the Township and include the following information:
Soil/fill material supplier:
The name, title, company name, address, telephone number, email address, and other contact information for the soil/fill supplier.
The site name(s), address(es), and lot and block number(s) of the property(ies) that is/are the source of the soil/fill.
A brief history of the source property(ies), including current and past uses of the property(ies).
An indication as to whether the source property(ies) has been known or suspected to be contaminated.
Certification from the soil/fill supplier indicating the soil/fill being imported meets the definition of acceptable soil/fill. The material certification must include the following:
Person receiving or placing soil/fill material:
The name, title, company name, address, telephone number, email address, and other contact information.
The site name(s), address(es), and lot and block number(s) of the property(ies) where the soil/fill material will be placed.
The purpose of the imported soil/fill.
The quantity in cubic yards of acceptable soil/fill material to be imported and placed.
A map depicting the area where the acceptable soil/fill material shall be placed and the proposed grades.
The anticipated dates of placement and grading.
The anticipated date of permanent stabilization of all site areas disturbed as a result of the placement and grading of the acceptable soil/fill materials.
Copies of permits from review agencies other than the Township that are required prior to the start of work.
Within 15 days after receipt of a complete application, the Township shall review the application and either approve, conditionally approve, or deny the application.
In reviewing a permit application under this chapter, the Township shall be guided by and take into consideration the public health, safety and general welfare together with the general purposes of municipal planning. Particular consideration may include, but is not limited to, the following factors:
Soil erosion by water and sand.
Surface water drainage.
Lateral support of abutting streets and lands.
Public health and safety.
Land values and uses.
Impact on quality of groundwater and/or surface water.
Impact on local streets, utilities and services.
Existing contours and topographic character of the land prior to the placement of any soil/fill and proposed contours which will result after the placement of soil/fill in accordance with the application.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the municipality.
Whenever an application for a permit is denied, the applicant may appeal the denial to the municipal governing body 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 municipal governing body shall thereafter hold a public hearing within 30 days on the matter in accordance with rules or procedures to be established by the municipal governing authority 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 $1,000 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 § 137A-11 above and/or suspension or revocation of such a permit.