[HISTORY: Adopted by the Municipal Council
of the City of Clifton 10-7-1975 by Ord. No. 4299-75 (Article 19 of
Chapter 19 of the Revised Ordinances of the City of Clifton, New Jersey,
1960). Amendments noted where applicable.]
The within chapter is hereby adopted under the authority of and for the purpose of implementing the power granted to the governing body of the City of Clifton under the provisions of N.J.S.A. 13:1E-17 (Chapter 461 of the Laws of 1971), which provides as follows:
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No ordinances or regulations of any governing
body of a municipality or county or board of health more stringent
than this Act or any rules or regulations promulgated pursuant thereto
and relating to health and environmental protection aspects of solid
waste collection or solid waste disposal shall be superseded by this
Act. Nothing in this Act or in any rules or regulations promulgated
pursuant thereto shall preclude the rights of the governing body of
any municipality or county or board of health to adopt health or environmental
protection ordinances or regulations more stringent than this Act
or any rules or regulations promulgated pursuant thereto.
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The Municipal Council hereby determines that
the within chapter relating to the health and environmental protection
aspects of solid waste disposal is required for the public safety
and health of the citizens of the City of Clifton primarily because
of the relatively high population density and lack of unoccupied and
undeveloped areas remaining within the City of Clifton.
It shall be unlawful to maintain or operate
a sanitary landfill or any place for the disposal of garbage, refuse
or solid wastes anywhere within the City of Clifton without first
having secured a license from the City Clerk, and it shall be unlawful
to maintain, operate or permit the maintenance or operation of any
premises as a sanitary landfill for the disposal of garbage, refuse
or solid waste disposal in violation of any provision of this chapter.
The original fee for the license shall be $1,000,
and the license may be renewed annually upon payment of a renewal
fee of $500. No such license shall be issued by the Clerk except pursuant
to a resolution adopted by the Municipal Council, which resolution
shall determine whether the applicant has complied with the requirements
of the within chapter. It is hereby declared that the purpose of the
within fee is not to raise revenue but rather to provide reimbursement
to the municipality for actual costs incurred by the municipality
for review, inspection and enforcement of the within chapter and the
rules and regulations of the Board of Health.
The applicant shall submit with his application
a written consent of a surety in which the surety agrees that, in
the event that a license is issued, it will issue a performance bond
guaranteeing the faithful performance by the applicant in accordance
with the terms of the within chapter and the rules and regulations
of the Board of Health. The consent of the surety shall be for a performance
bond in the amount of $100,000. However, the governing body, in reviewing
the application, may lower the amount of the performance bond if it
has determined, in accordance with the recommendations of the Municipal
Engineer, that a performance bond in an amount less than $100,000
will be sufficient to effect compliance with the terms of this chapter
and the rules and regulations of the Board of Health. The bond, the
form of which is to be approved by the governing body, shall contain
the following surety assurances:
A.
The licensee, his agents and servants are complying
with all of the terms, conditions, provisions and specifications required
by the within chapter and the rules and regulations of the Board of
Health.
B.
The licensee, his agents and servants will faithfully
operate the sanitary landfill under which the license is issued in
accordance with the provisions of this chapter and the rules and regulations
of the Board of Health.
C.
The licensee, his agents and servants will save harmless
the municipality from any expenses incurred through the failure of
the licensee, his agents and servants to operate and maintain the
sanitary landfill as required by this chapter and the rules and regulations
of the Board of Health, including any expenses the municipality may
be put to for correcting any condition or violation of this chapter
by the municipality's own labor and equipment, whenever the Board
of Health of the municipality determines that it is necessary to correct
any condition in violation of this chapter or the rules and regulations
of the Board of Health or from any damage growing out of the negligence
of the licensee or his agents or servants.
An application for a license shall be filed
with the Clerk of the City of Clifton and shall contain a description
of:
A.
The applicant's name, business name and business address.
B.
Whether the applicant is an individual, a partnership,
a corporation or another entity and, if another entity, a full explanation
and description thereof.
C.
If the applicant is an individual, the applicant's
residence address and date and place of birth.
D.
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
E.
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office [The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.]; in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
F.
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime,
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
G.
The plot of land upon which the disposal of refuse
is proposed, including soil conditions.
H.
The sequence and plan of operation.
I.
The source of water supply and nature of equipment
to be used for its distribution on the landfill.
J.
The type and capacity of equipment to be used for
operations.
K.
Fire prevention and control plans.
L.
Nuisance and vermin control programs.
M.
Existing and proposed roadways and easements.
N.
Existing topography and watercourses, together with
a survey and written statement explaining the proposed location and
extent of earthwork and fill operations, and/or soil removal operations.
O.
Profiles indicating the proposed depth of fills and
any proposed removal, relocation or distribution of fill.
P.
Estimated daily or weekly volume of garbage or refuse
and a designation of both the garbage and refuse.
Q.
A profile showing proposed successive layers of fill
and earth cover to arrive at final grade.
R.
A detailed drainage plan.
S.
The source of the cover material to be utilized.
T.
The number of yards or cover material estimated to
be needed for one week's operation.
U.
Title to or other legal evidence of authority to operate
and maintain the proposed landfill site.
V.
Such other information as may be required by the governing
body.
W.
Certification by a licensed engineer of the State
of New Jersey as to all engineering data submitted.
Upon receipt of the application, the Clerk shall
forward a copy to the Board of Health, the Planning Board, the Building
Inspector and the Chief of Police for their study and recommendations.
The Chief of Police shall cause the applicant to be fingerprinted
and shall cause an investigation to be made of the applicant's character
and business responsibility and of any traffic hazards which may be
created by the proposed sanitary landfill which may affect the public
safety. In the event that the applicant is a corporation, every major
officer and director of the corporation shall, for the purposes of
this section, be considered an applicant. Upon completion of his investigation,
the Chief shall deliver a report to the City Clerk indicating his
approval or disapproval of the application and the reasons therefor.
The Building Inspector shall review the application
and certify to the governing body whether the proposed site and use
comply with the Zoning Ordinance of the City of Clifton or with any
variance therefrom granted to the applicant, and the governing body
shall not issue a license unless the Building Inspector has certified
that the proposed site and use comply with the Zoning Ordinance of
the City of Clifton and with any variance therefrom granted to the
applicant.
No license shall be issued by the municipality
unless the applicant has, prior to the submission of the application,
been authorized pursuant to the rules of the Bureau of Solid Waste
Management of the New Jersey Department of Environmental Protection
to operate the proposed sanitary landfill. The applicant shall accompany
his application with satisfactory evidence of such authorization,
together with a copy of all documents submitted to the Bureau of Solid
Waste Management by the applicant, as well as a transcript of any
hearing or proceeding before the New Jersey Department of Environmental
Protection in connection with the request for permission.
No license shall be granted by the governing
body unless the application has first obtained authorization from
the Public Utility Commission pursuant to the requirements of the
Solid Waste Utility Control Act of 1970. Each application shall be
accompanied by written evidence of such authorization from the Public
Utilities Commission, as well as a copy of all documentation, and
a copy of the transcript of any hearing or proceeding before the Public
Utilities Commission in connection with the request for permission.
Every application for a license shall be accompanied
by an environmental assessment as to the probable impact of the proposed
solid waste facility upon the air quality, water quality, water supply,
hydrology, geology, soil, topography, vegetation, wildlife, aquatic
organisms, ecology, demographic conditions, land use, aesthetics,
history and archaeology, land values and comprehensive zoning scheme
of the neighborhood surrounding the proposed site; a list of adverse
environmental impacts which cannot be avoided; a description of the
steps to be taken to minimize adverse environmental impacts during
construction and operation both at the project site and at the surrounding
regions; a list of all alternatives to all or any part of the project
with reference to their acceptability or nonacceptability; and a reference
list of all pertinent public information relating to the project,
the project site and the surrounding region. The purpose of the environmental
assessment is to determine whether any significant impacts are anticipated
and whether any change can be made in the project to eliminate or
mitigate the impacts. The environmental assessment statement shall
include the following facts:
A.
A background and description of the proposed action.
There shall be included a description of the proposed use, its purpose,
where it is located and its time setting. Maps and photographs should
be incorporated to depict the environmental setting.
B.
The environmental assessment statement shall develop,
describe and objectively weigh alternatives to any proposed action.
The analysis should be sufficiently detailed to permit the Municipal
Council to make comparative evaluations of the environmental effect,
costs and risks of the proposed action and each reasonable alternative.
The analysis of the alternatives must include the alternative of not
utilizing the site as well as alternatives for different environmental
impacts.
C.
There must be a description of the primary and secondary
environmental impacts, both beneficial and adverse, anticipated from
the application. The scope of the description shall include both short-
and long-term impacts. Primary impacts are those that can be attributed
directly to the action or project. Secondary impacts are indirect
or induced impacts. Such assessment of secondary impacts shall include
an analysis of all secondary effects which may be stimulated or induced
by the application as well as change patterns in social and economic
activities. Specific attention must be devoted to and the following
areas must be covered: surface water quality and usage; stream flow;
floodplains and watersheds; shellfish sanitation; groundwater supply;
coastal areas; public health or nuisance problems; groundwater quality
and usage; wetlands; estuaries; waterfowl refuges and beaches; soil
and plant life, sedimentation, erosion and hydrologic conditions;
wildlife; noise and odor problems; air quality; parks, forests and
outdoor recreational areas; historic and archaeological sites; development
or nondevelopment of service area (urbanization, etc.); congestion
in urban areas, housing and building displacement; environmental effects
with special impact on neighborhood patterns; life style, social and
economic character of areas; jobs and income; transportation and public
services. For each alternate, protection measures that would be taken
to lessen adverse impacts shall be outlined; design features to minimize
operational failures; noise and air pollution abatement measures;
and architectural comparability with adjacent land uses.
D.
Adverse impacts which cannot be avoided should the
proposal be implemented. The statement should describe the kind and
magnitude of adverse impacts which cannot be reduced in severity or
which can be reduced to an acceptable level but not eliminated. These
shall include water or air pollution, undesirable land use patterns,
damage to ecological threats to health or other consequences adverse
to environmental goals, as well as mitigative measures which will
be taken as part of the application.
E.
Relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term productivity.
The statement shall describe the extent to which the application involves
trade-offs between short-term environmental gains at the expense of
long-term losses or vice versa and the extent to which the proposed
action forecloses future options. Special attention shall be given
to effects which narrow the range of beneficial uses of the environment
or pose long-term risks to health or safety. Those who may reap windfall
gains or suffer significant decrease in current property value from
the application shall be identified.
F.
Irreversible and irretrievable commitments of resources
which would be involved in the application. The statement should describe
the extent to which the proposed action curtails the diversity and
range of beneficial uses of the environment.
G.
A discussion of problems and objections raised by
any governmental agency or by any interested persons in the review
of the application or any of the preconditions to the review of the
application. The statement shall be accompanied by comments and suggestions
made by any reviewing agency. In particular, the statement shall address
the major issues raised by any reviewing agency.
The environmental assessment statement shall
also deal with the following specific categories of inquiry:
A.
Climate. The statement shall describe the climatic
conditions for the general areas of the proposed site, including data
dealing with temperature, precipitation, humidity and wind direction
and velocity. Specific weather conditions such as inversions and the
frequency in which they may be anticipated shall also be considered,
together with any topographic features which influence weather.
B.
Topography. The statement shall describe the topography
of the area, delineating major and minor drainage basins along with
their characteristics, such as area, slope, elevation, natural and
artificial drainage nets, erosion and deposition.
C.
Geology. The statement shall describe the geology
of the appropriate area. Geologic structures or formations that have
a direct influence on either groundwater or surface water resources
should be specifically mentioned. Areas which are particularly susceptible
to landslides, subsidence or other earth movement should be located
on an area map and described.
D.
Soils. The statement shall identify soil types and
their permeability, erosion potential, expansion, compaction and other
characteristics.
E.
Hydrology. The statement shall describe the relevant
surface water bodies and groundwater aquifers in the area and shall
describe the existing surface and ground water qualities of the area
using physical, chemical and biological parameters. The statement
shall also describe the existing surface and ground water quantities
and shall include a discussion of surface water volume, stream flow
rates and the frequency and duration of seasonal variances. There
shall be an identification of existing and potential water quality
and quantity problems in the area and a description of the type and
extent of existing and future surface and ground water uses. If re-use
or reclamation is practical, this should be evaluated. There should
be included a description of pertinent area-wide or basin water quality
management plans. There shall be an indication of the twenty-five-,
fifty- and one-hundred-year flood levels for the area, as well as
an identification of any corps of engineer or floodplain plan or proposed
project.
F.
Biology. The statement shall identify any species
in the area which would be affected by the project and shall also
describe wildlife habitats which might be affected by the project.
G.
Air quality. The statement shall discuss the pertinent
direct or indirect effect on air quality and the current and anticipated
future air quality in the project area. It shall identify any proposed
air implementation plan for the area.
H.
Identification of significant environmentally sensitive
areas. The statement shall identify and show on a map any of the following
which may be significantly impacted by the application, such as: surface
waters; marshlands, wetlands and estuaries; floodplains or flood-retention
areas; groundwater recharge areas; steeply sloping lands; forests
and woodlands; prime agricultural lands; habitats of rare and endangered
species and sensitive geologic areas.
I.
Aesthetics. The statement shall describe the area's
general aesthetic quality and the overall composition mirrored by
the total aesthetic picture.
The governing body shall, in connection with
the general review of the application, also review the environmental
assessment statement to determine whether or not a public hearing
and an environmental impact statement are required. Where it is determined
by the governing body that an environmental impact statement is required
to be issued by the governing body, then the environmental assessment
statement shall serve as the data source.
If, upon review of the environmental assessment
statement, it is determined by the governing body that public input
is desirable for the formulating and selection of the proposed action,
then the governing body shall provide for a public hearing to be held
pursuant to a public notice of hearing advertised in a newspaper of
general circulation within the county. The notice of hearing shall
be published at least 20 days prior to the proposed hearing. At the
public hearing, the applicant as well as the public shall be permitted
to express their views concerning any aspect of the application and
the environmental assessment. Upon the conclusion of the public hearing,
the environmental assessment statement shall be supplemented to include
a description of what measures are being taken to incorporate the
public views, both favorable and unfavorable, into the formulating
of the project. The supplement should have an identification of any
controversial issues that may not have been resolved.
Upon the conclusion of the public hearing and
upon receipt of the supplemental environmental assessment statement,
the governing body shall prepare and issue an environmental impact
statement, which shall include determinations of the issues considered
in the environmental assessment statement.
Upon receipt by the governing body of all of
the documents required under the terms of the within chapter, the
governing body shall, by resolution, determine whether the application
for a license should be granted. The resolution of the governing body
shall include a statement of facts and conclusions in support of the
decision of the governing body. In exercising the discretion therein
vested in the governing body to make a determination as to the issuance
of a license, the governing body shall make findings of fact and shall
utilize the following standards:
A.
No license shall issue unless the applicant has received
a registration from the Bureau of Solid Waste Management of the New
Jersey Department of Environmental Protection.
B.
No license shall issue unless the applicant has received
authorization from the Public Utilities Commission pursuant to the
requirements of the Solid Waste Utility Control Act of 1970, and such
amendments and supplements as shall, from time to time, issue.
C.
No license shall issue unless the governing body has
determined that the license will not result in significant adverse
environmental impacts upon the air quality, water quality, water supply,
hydrology, geology, soil, topography, vegetation, wildlife, aquatic
organisms, ecology and demographic conditions of the neighborhood
surrounding the proposed site.
D.
No license shall issue unless the governing body has
determined that the granting of the license will not result in significant
adverse environmental impacts relating to land values and the comprehensive
zoning scheme of the neighborhood surrounding the proposed site.
E.
No license shall issue unless the governing body has
determined that the granting of the license will not adversely affect
the public health and welfare of the neighborhood surrounding the
proposed site and the residents thereof.
In the operation and maintenance of any sanitary
landfill on any premises situated within the City of Clifton, the
rules of the Bureau of Solid Waste Management of the New Jersey Department
of Environmental Protection shall be adhered to, except where any
of the provisions of the within chapter or any rules and regulations
adopted by the Board of Health of the City of Clifton pursuant to
this chapter are more stringent, in which case the more stringent
provisions of the within chapter or the rules and regulations of the
Board of Health shall be adhered to.
The Board of Health of the City of Clifton is
hereby authorized to enact rules and regulations governing the operation
of the sanitary landfill. Such rules and regulations shall be promulgated
in writing and shall become effective upon adoption of an appropriate
resolution by the Board of Health and shall be consistent with the
authority vested in the Board of Health under the provisions of N.J.S.A.
13:1E-17 and N.J.S.A. 26:3-31.
Upon the issuance of a permit, the licensee
shall file with the City Clerk a certificate of liability insurance
with standard coverage of $1,000,000/$3,000,000 with the City of Clifton
as a named insured, with the customary 10 days' prior notice of cancellation.
The enforcement agency for the within chapter
is hereby declared to be the Board of Health, and it is hereby empowered
to take such action as may be necessary to ensure compliance with
this chapter, including making any inspections that are necessary
to determine if there is compliance with the within chapter. If the
Board of Health determines that there is a violation of any of the
terms of the within chapter, it shall instruct the Sanitary Inspector
to file a complaint in the Municipal Court. In addition thereto, the
Board of Health shall be empowered to recommend to the governing body
the revocation of the license in appropriate cases. In the event that
the Board of Health does recommend to the governing body that the
license be revoked, a written notice of intent to revoke the license
shall be served upon the licensee by the governing body, which shall
provide for a hearing on the proposed revocation. The notice of proposed
revocation shall be served upon the licensee at least 14 days prior
to the proposed hearing. At said hearing, the governing body shall
receive evidence and the applicant shall be entitled to be represented
by counsel and shall be permitted to cross-examine witnesses and offer
witnesses and evidence. The governing body shall, at the conclusion
of the hearing, make findings of fact and conclusions as to whether
the license shall be revoked, which findings of fact and conclusions
shall be incorporated in a formal resolution.
Any person firm or corporation which shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine not to exceed $500 or by imprisonment in the county jail
for a period not to exceed 90 days, or by both for each violation
of any of the provisions of this chapter, and each day the same is
violated shall be deemed to be a separate and distinct offense.
