[HISTORY: Adopted by the Mayor and Council of the Township of North Brunswick 6-5-2006 by Ord. No. 06-11. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste - See Ch. 184.
Hazardous materials - See Ch. 191.
Land use - See Ch. 205.
Soil removal - See Ch. 292.
Street excavations - See Ch. 297.
For purposes of this chapter, the terms used herein are defined as follows:
ACCEPTABLE SOIL MATERIAL
Earth, sand, clay, loam, gravel, humus, rock or dirt, and may include soil, subsoil or topsoil. No construction debris or contaminated material is permitted.
APPLICANT
The person requesting a soil importation permit as provided for in this chapter.
CONTAMINANT
Any hazardous substance, hazardous constituent, hazardous waste or pollutant.
CONTAMINATED MATERIAL
Any soil containing contaminants exceeding the present requirements for residential direct contact pursuant to N.J.A.C. 7:26E, Technical Requirements for Site Remediation.
CONTAMINATED SITE
Any property, including, but not limited to, structures, sediment, soil and water, that contains a contaminant which is present at such levels of concentration as to require action pursuant to any federal or state statutes or regulations.
DEVELOPER
Any person who, either directly or through an agent or independent contractor, engages or intends to engage in land subdivision for the purpose of sale to or occupancy by another person or persons, or seeks site plan approval for the construction or alteration of nonresidential buildings or structures.
DREDGED MATERIAL
Any material removed from the bottom of a body of water.
FILL or FILL MATERIAL
Any sand, gravel, earth, soil, dredged material or other material of any composition whatsoever, the placement of which upon a site results in a change of topography of the site.
GARBAGE
Meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods. Garbage is considered to originate primarily in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked and consumed.
HAZARDOUS SUBSTANCE
Any hazardous substance as defined pursuant to Section 3 of P.L.1976, c. 141 (N.J.S.A. 58:10-23.11b), hazardous waste as defined pursuant to Section 1 of P.L. 1976, c. 99 (N.J.S.A. 13:1E-38), or pollutant as defined pursuant to Section 3 of P.L. 1977, c. 74 (N.J.S.A. 58:10A-3).
LOT
Any parcel of land separated from other parcels or portions as by a lawful subdivision or deed of record, survey map or by a metes and bounds description.
PERMITTABLE EFFLUENT CONTAMINANT LEVELS
The dissolved priority pollutant +40 contaminant levels within the effluent which are below the groundwater quality criteria for Class IIA groundwater as set forth in N.J.A.C. 7:9-6.
PERMITTABLE SOIL/SEDIMENT CONTAMINANT LEVELS
Priority pollutant +40 contaminant levels, which are below the most stringent soil cleanup criteria as set forth by the NJDEP.
PERSON
Includes an individual, firm, corporation, association, society or partnership, or other business entity and their agents or employees.
PREMISES
One or more contiguous lots in single ownership.
PRIORITY POLLUTANT PLUS 40 OR PP+40
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 nontargeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purpose of this chapter, a PP-40 scan means the analysis of a sample for all priority pollutants except those 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 on which the laboratory is performing the analysis.
REFUSE
Includes all miscellaneous matters, such as, but not limited to, bottles, construction debris, rags, mattresses, worn-out furniture, old clothes, old shoes, broken glass, leather, carpets, crockery, rubber, newspaper, cartons, tin cans, metals, abandoned automobiles or parts thereof.
REMEDIAL ACTION
Those actions taken at a site when hazardous materials have been found, including the removal, treatment, containment, transportation, the securing of or other engineering treatment measures, including related operations and maintenance activities, whether of a permanent nature or otherwise, designed to ensure that any discharge or placement at the site is remediated in compliance with the applicable remediation standards, including the sealing of or closure of wells and groundwater supplies contaminated by the placement of hazardous materials.
REMEDIATION
All necessary actions to investigate and clean up any known, suspected, or threatened discharge or placement of hazardous substances, including, as necessary, identifying areas of concern and determining the presence of hazardous substances and the collection and evaluation of data adequate to determine whether or not discharged or placed hazardous substance, identifying and evaluating any problems presented by the discharge or placement and the performance of a remedial action.
SOIL
All unconsolidated mineral and organic material of any origin.
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street, road or alley in the Township of North Brunswick shall deposit thereon or permit the depositing thereon of any contaminated material, or animal or vegetable substance or garbage or refuse or dirt gathered in cleaning sewers, or waste of mills or factories, or any materials which are offensive to health or tend to decay, to become putrid or to render the atmosphere impure or unwholesome, or any other environmentally inappropriate materials as determined by the New Jersey Department of Environmental Protection.
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street, road or alley in the Township of North Brunswick shall deposit thereon or permit the depositing thereon of any acceptable soil material unless a permit is issued by the Division of Engineering. Exempt from the provisions of this section shall be the following:
A. 
Select fill for septic installation and/or repair certified to be such by a licensed New Jersey engineer; or
B. 
Routine landscaping activities that do not require an excess of 10 cubic yards of approved soil material conducted in connection with residential use not subject to any other permitting requirements set forth in the ordinances of the Township of North Brunswick. Any materials used in activities permitted herein shall nevertheless conform to all applicable local, state and federal regulations.
Unless otherwise exempt under the terms of this chapter, no permit to deposit approved soil material upon or used to fill up or raise the surface or level of any lot, grounds, street, road, or alley in the Township of North Brunswick shall be issued unless such fill operation is performed in connection with:
A. 
A grading permit issued by the Department of Community Development; or
B. 
Site plan or subdivision approval granted by the Planning Board or Zoning Board of Adjustment.
A. 
Unless otherwise exempt under the terms of this chapter, no permit to deposit acceptable soil material upon or used to fill up or raise the surface of any lot, grounds, street, road, or alley in the Township of North Brunswick shall be issued unless the applicant submits proof that the acceptable soil material has been tested in conformance with § 291-7 of this chapter and that it complies with the Technical Requirements for Site Remediation found in N.J.A.C. 7:26E, as may be amended from time to time.
B. 
Proof shall be a letter from a laboratory certified by the state to perform soil analysis, stating that results meet or exceed the present requirements for residential direct contact as contained above, along with the actual test results.
The fee for issuance of a permit under this chapter shall be $200. No permit shall be issued unless the applicant furnishes to the Department of Community Development an approved plot plan, site plan or subdivision plan, as the case may be, for the proposed filling project, the permit fee, and a performance guarantee if not covered elsewhere. Such guarantee shall be a certified check in the sum of $200 made payable to the Township of North Brunswick to guarantee performance by the applicant of the terms and conditions of this chapter, such funds to be released upon inspection of the fill project and approval thereof by the Department of Community Development as having met the provisions of §§ 291-5 and 291-7. The Department of Community Development shall have a period of 30 days from receipt of the complete application within which to issue or deny the permit application.
A. 
Any acceptable soil material that will be deposited within the Township of North Brunswick, which is to be brought into the Township from outside sources, or from sources as within the Township, must be tested at the source for compliance with the requirements found in N.J.A.C. 7:26E, in accordance with § 291-5 of this chapter, and evaluated by a state certified laboratory.
B. 
Further:
(1) 
All expenses connected with such testing are to be borne by the recipient of the fill;
(2) 
The Department of Community Development shall have the authority to order additional reports or inspections as it may deem necessary and appropriate;
(3) 
Acceptance or rejection of any approved soil material is to be made by the Department of Community Development according to this chapter and any additional rules or regulations it may from time to time enact; and
(4) 
A minimum of two samples are to be extracted from the source for laboratory analysis for each 500 cubic yard lot, or fraction thereof if from undisturbed natural ground. Testing for all other sources shall be determined based upon the source and volume of the fill to be imported. Samples are to be extracted, tested and evaluated by a state certified laboratory. Samples must be biased to the location of the highest suspected contaminated concentrations, as determined by the laboratory professional or his duly assigned representative.
Each permit issued under the terms of this chapter shall be valid only for the location(s) described in the permit and most of our permits are valid for one year from the date of issuance, subject to renewal.
Any person, firm or corporation who or which shall violate any provision of this chapter shall pay the required fees in connection with the permit as outlined herein, plus all costs associated with having the material tested, plus a cost of $5 for each and every cubic yard of material that has been imported to the site, as determined by the Department of Community Development. Such person, firm or corporation shall also be liable to a fine of not more than $2,000 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.