[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.]
For purposes of this chapter, the terms used
herein are defined as follows:
Earth, sand, clay, loam, gravel, humus, rock or dirt, and
may include soil, subsoil or topsoil. No construction debris or contaminated
material is permitted.
The person requesting a soil importation permit as provided
for in this chapter.
Any hazardous substance, hazardous constituent, hazardous
waste or pollutant.
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.
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.
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.
Any material removed from the bottom of a body of water.
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.
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.
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).
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.
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.
Priority pollutant +40 contaminant levels, which are below
the most stringent soil cleanup criteria as set forth by the NJDEP.
Includes an individual, firm, corporation, association, society
or partnership, or other business entity and their agents or employees.
One or more contiguous lots in single ownership.
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.
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.
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.
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.
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.
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.
Responsibility for obtaining a permit for approval
to deposit approved soil material is with the property owner.
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.
