[HISTORY: Adopted by the Township Council of the Township
of Saddle Brook 1-3-2008 by Ord. No. 1430. Amendments noted where
applicable.]
This chapter shall be known as and may be cited as the "Waste
Management Facilities Law of the Township of Saddle Brook."
The Township Council finds that environmental science is presently
inadequate to satisfactorily evaluate and control pollution from solid
and liquid waste disposal facilities such as waste transfer stations,
landfills, ashfills, resource recovery or incineration facilities.
Among other factors, the Council finds as follows:
A.
The inability of geological science to precisely ascertain the existence
and flow of groundwaters and to map subterranean geology makes it
impossible to determine the extent to which solid and liquid waste
disposal may, or may not, be contaminating water supplies.
B.
Moreover, the accumulated extent of hazardous waste disposal in solid
and liquid waste disposal facilities cannot be measured or accurately
determined because of state and federal regulations permitting disposal
of residential or small user quantities of hazardous wastes.
C.
The Township needs for solid and liquid waste disposal are being
met.
D.
Future correction of pollution from solid and liquid waste management
facilities, including waste transfer stations, sanitary landfills
and incineration facilities, may be very expensive or impossible to
achieve.
E.
The Township's existing community character will be adversely and
unalterably impacted by the location and operation of any solid or
liquid waste management facility within the Township.
The Township of Saddle Brook intends by this chapter to:
A.
Restrict the operation of solid waste management facilities within
the Township of Saddle Brook in order to promote a clean, wholesome
and attractive environment for the community.
B.
Ensure that accurate, current information about currently exempted
waste disposal operations within the Township is available to public
officials and citizens.
C.
Protect the residents of the Township from undesirable effects of
solid waste disposal operation, including:
(1)
Unaesthetic results, including odors, blowing litter, increased traffic,
dust and noise, and;
(2)
Deterioration in property values associated with an adjacent or proximate
disposal operation that may interfere with the orderly development
of properties; and
(3)
Threats to public health or the environment by contamination of air,
surface water or groundwaters.
This chapter shall apply to all territory within the confines
of the Township of Saddle Brook.
As used in this chapter, these terms and words shall be defined
as follows:
All the solid residue and any entrained liquids resulting
from the combustion of solid waste at a solid waste incinerator, including
bottom ash, boiler ash, fly ash and the solid residue of any air pollution
control device used in a solid waste incinerator.
Any landfill designed to accept ash, ash residue, bottom
ash, combined ash, or fly ash.
Liquid or solid generated by stores, offices, warehouses
and restaurants.
Aerobic decomposition of solid organic constituents of solid
waste to produce a stable, humuslike material used for fertilizing
and conditioning land.
Uncontaminated, inert, solid waste resulting from the construction,
remodeling, repair and demolitions of structures and from road building
and land clearing. Such waste includes, but is not limited to, bricks,
concrete, and other masonry materials, soils, rock, wood, wall coverings,
plaster drywall, asphaltic pavement, glass, plastics that are not
sealed in a manner that conceals other wastes, and metals that are
incidental to any of the above.
Any basin, tank, pond or pool for the disposal, storage,
retention, procession treatment or other handling of liquid waste.
The placement, distribution, storage, removal or transportation
of sold wastes.
Any solid waste management facility.
Liquid or solid waste from residential sources.
Any liquid, gaseous, solid or waste substance or combination
thereof resulting from any process of industry, manufacturing, trade
or business. It shall include, but not be limited to, pesticides,
lime, acids, chemicals, petroleum products, tar, and dyestuffs.
Any disposal area for solid wastes in or upon the ground.
Refuse of stables and barnyards consisting of livestock or
avian excreta with or without litter used for fertilizing land.
Any individual, partnership, firm, association, business,
industry, enterprise, public or private corporation, political subdivision
of the state, government agency, municipality, estate, trust or any
other legal entity whatsoever.
The reuse of solid waste recovered from the solid waste stream
into goods or materials suitable for reuse in original or changed
form.
The water carrying human or animal wastes from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be present.
All putrescible and nonputrescible materials or substances
that are discarded or rejected as being spent, useless, worthless,
or in excess to the owners at the time of such discard or rejection,
including but not limited to liquids, garbage refuse, industrial,
commercial and household waste, sludges from air or water treatment
facilities, rubbish, tires, ashes, contained gaseous material, incinerator
ash and residue and construction and demolition debris. In addition:
An incinerator at which household waste and nonhazardous
industrial/commercial waste are combusted for energy.
Any facility employed beyond the initial solid or liquid
waste collection process and managing solid or liquid waste, including,
but not limited to, storage areas or facilities; transfer stations;
rail-haul or bar-haul facilities; procession facilities; landfills;
ashfills; disposal facilities; solid waste incinerators; resource
recovery facilities; recycling facilities; and waste tire storage
facilities; containment ponds or pools, sewage treatment plants or
storage tanks or containers, or any other facility of any kind designated
a solid waste management facility.
Refers to those practices necessary for the on-farm production,
preparation and marketing of agricultural commodities.
A facility to which waste is taken for onward transfer for
treatment, recycling or landfill elsewhere; a site used for transferring
waste from small receptacles into larger ones before sending it for
final disposal.
A.
The following are not subject to this chapter:
(1)
Any disposal and storage of manure in farming operations following
sound agricultural practices, but not including sewage sludge processing
and spreading.
(2)
Operations or facilities which receive or collect only nonputrescible,
nonhazardous solid waste and beneficially use or reuse or legitimately
recycle or reclaim such waste. Such exempt facilities are limited
to citizen recycling programs, Township recycling operations, composting,
farming operations, Township highway operations and bona fide salvage
dealers.
(3)
Any sewage treatment facility, but not including any sewage sludge
spreading facility.
(4)
Any bona fide solid waste management facility previously in existence
on the effective date of this chapter shall remain exempt under the
current terms and conditions of its operating permit.
B.
None of the above exemptions shall be construed to permit any activity
contrary to existing building codes or other laws or as exempting
any other permit required by state or local law.
The provisions of this chapter shall be interpreted in such
a manner as being consistent with state law, except that the more
stringent requirements of this chapter shall apply.
No solid waste management facility shall hereafter be constructed,
allowed to commence operation or to continue operation within the
Township of Saddle Brook.
A.
All violations of this chapter or any of its regulations or provisions
shall be punishable by a fine not exceeding $5,000. Each and every
day that a violation of this chapter is permitted to exist shall constitute
a separate offense.
B.
Any violation of this chapter or regulations or provisions thereof
shall create a liability to the people of the Township of Saddle Brook
for civil penalty not to exceed $5,000, to be after a hearing or a
opportunity to be heard, upon due notice and with the right to specification
of the charges and representation by counsel at such hearing. Each
and every day that a violation of this chapter occurs or continues
shall constitute a separate violation for purposes of civil liability.
C.
Upon any violation of this chapter by any person, the Township shall
be entitled to obtain an injunction against such persons prohibiting
further violations and, in addition, ordering that any solid or liquid
waste disposed of in violation hereof be removed from the Township,
and ordering that any land on which solid or liquid waste is disposed
of in violation of this chapter be restored as nearly as possible
to its former condition by the removal of any waste illegally disposed
of and by such other restorative measures as are available, and further
ordering that the operator remedy any effects of the violation of
surrounding or adjacent properties or resources, including, without
limitation, air, trees, crops, water bodies, wetlands and groundwaters.
All other ordinances and local laws or parts thereof in conflict
herewith are superseded by the chapter; provided, however, that the
provisions of the chapter shall not be interpreted as obviating any
requirements or restrictions wherever it is possible to conform to
the provisions of both this chapter and any other law or ordinance.
