[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank 1-27-2021 by Ord. No. 2021-04. Amendments noted where applicable.]
The purpose of this chapter is to manage the importation and
deposition of soil/fill within the Borough to protect the safety,
public health, and general welfare of the community and the environment.
This chapter does not exempt any applicant from any other required
local, state or federal approvals or local Soil Conservation District
requirements regarding the acceptability and placement of soil/fill
materials. 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Non-water-soluble, nondecomposable, 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 DEP's 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 property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
Any soil/fill containing contaminants exceeding the current
requirements for the most stringent concentrations between the Non-Residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D, Remediation Standards.
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, nondecomposable,
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.
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 Borough of
Red Bank unless a permit is issued by the Borough and any other applicable
county, state or federal approval(s) or permit(s). No permit under
this chapter shall be required for any development that requires a
land use approval from the Planning Board or Zoning Board of Adjustment,
provided the approval contains condition(s) that meet the standards
of this chapter.
B.
Unless otherwise exempt, no permit shall be issued unless:
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 Planning/Zoning Department, which shall administer the applications
and permits.
B.
A fee, in the amount of $100, shall be remitted at the time of application.
The fee shall address the costs associated with the review of the
application and for any field-monitoring inspections, as applicable.
C.
The application shall include Form SI-1 Acceptable Soil/Fill Material
Certification Form, to be completed as follows:
(1)
By the soil/fill material supplier.
(a)
Part 1: the date the form is completed, the soil/fill supplier's
name, title, company name, address, telephone number, and email contact
information.
(b)
Part 2: the site name(s), address(es), and block/lot of the
property(ies) supplying the soil/fill material.
(c)
A brief history of the source property(ies), including current
or past use of the property.
(d)
Answers to questions 1 through 3.
(e)
If applicable, the date soil/fill material was subject to analytical
testing in accordance with applicable requirements of the New Jersey
Department of Environmental Protection's guidance entitled "Understanding
Requirements for Soil and Fill Materials." If analytical testing was
not conducted, justification for making a determination that the soil/fill
is acceptable without analytical results.
(f)
Certification (signature) from the soil/fill supplier that the
soil/fill being imported meets the definition of acceptable soil/fill.
(2)
By the person receiving or placing acceptable soil/fill material:
(a)
Part 3: the date the form is completed, the name, title, company
name, address, telephone number, and email contact information.
(b)
The address of the location where soil/fill placement will be
placed.
(c)
Answers to questions 1 through 5.
(d)
Certification (signature) from the person receiving or placing
the soil/fill material.
Within 30 days after receipt of a complete application, the
Borough shall review the application and either approve, conditionally
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 Borough Clerk within 30 days after
receiving written notice of the denial of such application. The Borough
Council shall thereafter hold a public hearing within 60 days on the
matter in accordance with rules or procedures to be established by
the Borough Council 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 $1,500 or to imprisonment for
a term not to exceed 30 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. 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 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 to a penalty pursuant to § 582-10 hereinabove and/or suspension or revocation of such a permit.
