Bill Text: NJ S3794 | 2018-2019 | Regular Session | Introduced
Bill Title: Directs DEP to develop model ordinance for municipalities to regulate deposit and storage of soil and fill materials.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-20 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3794 Detail]
Download: New_Jersey-2018-S3794-Introduced.html
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Directs DEP to develop model ordinance for municipalities to regulate deposit and storage of soil and fill materials.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the regulation of soil and fill materials by municipalities and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No later than 180 days after the effective date of this section, the Department of Environmental Protection, in consultation with the Department of Community Affairs, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) develop and adopt a model ordinance providing for the regulation of the deposit and storage of soil and fill material in a municipality, and the use of lands, buildings, and structures in the municipality for such purposes, to protect the public health, safety, and welfare. Upon adoption of the model ordinance, the department shall transmit a copy thereof to the municipal clerk of each municipality in the State.
b. The model ordinance adopted pursuant to subsection a. of this section shall include:
(1) an approval process for the use of property on which soil and fill material is deposited or stored;
(2) requirements for the identification, monitoring, sampling, testing, management, disposal, or storage of soil and fill material;
(3) restrictions or limitations on the amount and type of soil and fill material that may be transported to, or deposited or stored on, property in the municipality;
(4) hours of operation for any property or facility where soil and fill material is delivered or stored;
(5) provisions related to noise control and the traffic of vehicles used for the transportation of soil and fill material;
(6) authority for a municipality to inspect any property, facility, or vehicle used in connection with the deposit or storage of soil and fill material to determine compliance with the ordinance and any other applicable laws;
(7) penalties for violations of the ordinance; and
(8) any other requirements or provisions as the department deems appropriate.
c. After the department adopts the model ordinance pursuant to subsection a. of this section, the governing body of any municipality may adopt an ordinance regulating the deposit or storage of soil and fill material in the municipality. Any such ordinance shall be consistent with the model ordinance adopted by the department. Upon adoption of an ordinance, a municipality shall submit a copy thereof to the department.
d. As used in this section, "soil and fill material" means non-putrescible aggregate substitute, including, but not limited to, broken or crushed brick, block, concrete, or other similar manufactured materials; soil or soil that may contain aggregate substitute or other debris or material, generated from land clearing, excavation, demolition, or redevelopment activities that would otherwise be managed as solid waste, and that may be returned to the economic mainstream in the form of raw materials for further processing or for use as fill material.
2. This act shall take effect immediately.
STATEMENT
This bill would direct the Department of Environmental Protection (DEP) to adopt a model ordinance providing for the regulation of the deposit and storage of soil and fill materials in a municipality, and the use of lands, buildings, and structures in the municipality for such purposes. Soil and fill material includes broken or crushed brick, block, concrete, and other similar manufactured materials, and soil or soil that may contain aggregate substitute or other debris or materials.
The model ordinance would include: (1) an approval process for the use of property on which soil and fill material is deposited or stored; (2) requirements for the identification, monitoring, sampling, testing, management, disposal, or storage of soil and fill material; (3) restrictions or limitations on the amount and type of soil and fill material that may be transported to, or deposited or stored on, property in the municipality; (4) hours of operation for any property or facility where soil and fill material is delivered or stored; (5) provisions related to noise control and the traffic of vehicles used for the transportation of soil and fill material; (6) authority for a municipality to inspect any property, facility, or vehicle used in connection with the deposit or storage of soil and fill material to determine compliance with the ordinance and any other applicable laws; (7) penalties for violations of the ordinance; and (8) any other requirements or provisions as the DEP deems appropriate.
Under the bill, upon adoption of the model ordinance by the department, the governing body of any municipality would be permitted to adopt an ordinance regulating the deposit or storage of soil and fill materials in the municipality. A municipality's soil and fill ordinance would be required to be consistent with the DEP's model ordinance.
