[HISTORY: Adopted by the Mayor and Council of the Township
of Mount Olive 2-23-2021 by Ord. No. 2-2021. Amendments noted where
applicable.]
A.
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
regarding the acceptability and placement of soil/fill materials.
B.
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:
Non-water-soluble, non-decomposable, 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 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.
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; non-asbestos
building insulation; plastic scrap; carpets and padding; and other
miscellaneous materials.
Any soil/fill containing contaminants exceeding the current
requirements for the most stringent concentrations between the Nonresidential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C 7:26D, Remediation Standards.
Any property, including but not limited to structures, sediment,
soil and water that contains a contaminant which is present at suck
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
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, non-decomposable,
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.
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.
"Remediation" or "remediate" means all actions to investigate,
clean up, or respond to any known, suspected, or threatened discharge
of contaminants, including the preliminary assessment, site investigation,
remedial investigation, and remedial action, or any portion thereof,
provided, however, that "remediation" or "remediate" shall not include
the payment of compensation for damage to, or loss of, natural resources.
A.
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 of
Mount Olive unless a permit is issued by the Township and any other
applicable county, state or federal approval(s) or permit(s).
B.
Unless otherwise exempt, no permit shall be issued unless: (1) the
applicant submits proof that the soil/fill material has been tested
consistent with any applicable requirements set forth herein; (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:
A.
Minor filling associated with landscaping activities at any property
where up to 15 cubic yards, or as otherwise allowed by the New Jersey
Department of Environmental Protection under applicable regulations,
per year of acceptable soil/fill material is being deposited.
B.
Fill for septic installation and/or repair certified to be such by
a licensed New Jersey engineer: or approved by the local health agency.
C.
Virgin quarry products including, but not limited to, rock, stone,
gravel, sand, clay and other mined natural products.
D.
Acceptable soil/fill material being moved from one section of an
owner's property to another section of the same property.
E.
Soil/fill imported to or moved within a properly licensed Class B
Recycling facility.
F.
Acceptable soil/fill moved from a properly licensed Class B recycling
facility.
G.
Public works projects conducted or contracted for by a public entity
or utility regulated by the Board of Public Utilities provided the
soil/fill material meets the definition of acceptable soil/fill
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 the duration of the project specified in the
permit application.
The procedure to apply for a Soil/Fill Importation Permit shall
be as follows:
A.
All applications for Soil/Fill Importation Permits shall be filed
with the Township Department of Public Works, which shall administer
the applications and permits.
B.
A fee, in the amount of $150 as established by this ordinance, shall
be remitted at the time of application. The fee shall address the
costs associated with the review of the application. Any field monitoring
inspections and/or analytical testing may require additional escrow,
as applicable
Within 30 days after receipt of a complete application, the
Township Engineer shall review the application and either approve
or deny the application.
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 60 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 spate
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 § 329-10 above
and/or suspension or revocation of such a permit.
