reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.16 - Disclosure of confidential information to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to a contractor, if it complies with the procedure established under (b) below, and if:
1. The Department determines that such disclosure is necessary in order for the contractor to perform the work required by the contract;
2. The contract provides that the contractor and the contractor's employees shall use the confidential information only for the purpose of performing the duties required by the contract, shall refrain from disclosing the confidential information to anyone other than the Department, shall store all records containing the confidential information in locked cabinets in secure rooms, and shall return to the Department all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the confidential information) when the confidential information is no longer necessary to enable the contractor to perform obligations under the contract, or at any time upon the request of the Department; and
3. If the claimant so requests, the contractor contracts with the claimant to refrain from further disclosure of the confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.17 - Disclosure to alleviate an imminent and substantial danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department finds that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health, safety or the environment, the Department may, in its discretion, take one or more of the following actions:
1. Reduce the time allotted for providing substantiation pursuant to 7:26-17.9, and notify the claimant of such reduction;
2. Advance the date on which the Department may disclose information which the Department has determined is not confidential information, pursuant to 7:26-17.10(a), and notify the claimant of such advance; or
3. Immediately disclose the confidential information to any person whose role in alleviating the danger to public health and the environment makes such disclosure necessary. Any disclosure pursuant to this paragraph shall be limited to information necessary to enable the person to whom it is disclosed to carry out the activities in alleviating the danger. Any disclosure made pursuant to this paragraph shall not be deemed a waiver of a confidentiality claim and shall not be grounds for any determination that information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.18 - Notice to claimants of disclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Promptly after the Department discloses confidential information pursuant to 7:26-17.15, 17.16 or 17.17, the Department shall notify any claimant from whom the Department has obtained confidential information of the disclosure. Such notice shall be in writing, and shall contain all contain the following information:
1. The date on which disclosure was made;
2. The name of the agency or other person to which the Department disclosed the confidential information; and
3. A description of the confidential information disclosed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.19 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information in accordance with the written consent of the claimant.
(b) A claimant's consent to a particular disclosure shall not operate as a waiver of a confidentiality claim with regard to further disclosures, unless the authorized disclosure is of such nature that the disclosed information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.20 - Incorporation of confidential information into cumulations of data

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that after consultation with the claimant, the Department has determined that such disclosure is not in a form that would foreseeably allow persons, not otherwise having knowledge of such confidential information, to deduce from it the confidential information or the identity of the person who supplied it to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.21 - Disclosure of confidential information in rulemaking, permitting and enforcement proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provision of this subchapter, the Department may disclose confidential information in rulemaking, permitting and enforcement proceedings.
(b) The following procedures shall apply to the disclosure of confidential information by the Department in rulemaking, permitting and enforcement proceedings:
1. The Department may disclose confidential information in an adjudicatory hearing, subject to the protection from making the information available to the public which the administrative law judge may impose under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 including, without limitation, 1:1-14.1.
2. The Department may disclose confidential information in any enforcement, permitting, or rulemaking proceeding which does not involve an adjudicatory hearing, pursuant to the following procedure:
i. The Department shall inform the claimant that the Department is considering using the information in connection with the proceeding and shall afford the claimant a reasonable period for comment;
ii. The claimant shall submit comments to the Department within the time allotted pursuant to (b)2i above, concerning the proposed uses of confidential information, including comments which may support a determination that the confidential information is not relevant to the proceeding, or that the disclosure of the confidential information in the proceeding is not necessary to serve the public interest;
iii. The Department may disclose the confidential information in the proceeding if, upon consideration of comments submitted pursuant to (b)2ii above, the Department determines that the information is relevant to the subject of the proceeding, that the use of the information in the proceeding will serve the public interest, and that it materially impairs such service of the public interest to limit the use of the information to a manner which preserves its confidentiality; and
iv. The Department shall give the affected person at least five days notice prior to using the information in the proceeding in a manner which may result in the information being made available to the public a confidentiality claim has been made available to the public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.22 - Hearing before disclosure of information for which a confidentiality claim has been made

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant may request an adjudicatory hearing to contest disclosure of any information for which a confidentiality claim has been made, at any time. The request shall be in accordance with the requirements of this section and shall be delivered to the Department at the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, New Jersey 08625-0420
(b) The Department may deny a request for an adjudicatory hearing under (a) above if
1. The claimant fails to provide all information required under this chapter;
2. The Department receives the request after disclosure of the assertedly confidential information occurs;
3. The Department has been ordered to disclose the information by a court of competent jurisdiction, or by any other person or entity with the power and authority to compel disclosure; or
4. The Department determines that disclosure is necessary to alleviate an imminent danger to the environment or to public health or safety, as provided in 7:26-17.17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.23 - Nondisclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
Unless specifically required by any Federal or State law, regulation or order, court order, or applicable court rule, the Department shall not disclose confidential information to any person other than as provided in 7:26-17.15 through 17.22.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.24 - Safeguarding of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions to the Department required under this chapter will be opened only by persons authorized by the Department to be engaged in administering this chapter.
(b) Only those Department employees whose activities necessitate access to information for which a confidentiality claim has been made may open any envelope which is marked "CONFIDENTIAL."
(c) The Department shall store any records containing confidential information only in locked cabinets in secure rooms; provided, however, that if such records are in a form which is not amenable to such storage, the Department shall store such records in a manner which similarly restricts access by persons to whom disclosure of the confidential information in question is restricted.
(d) Any records made, possessed, or controlled by the Department or its contractors, and containing confidential information, shall contain indicators identifying the confidential information.
(e) Every Department employee, representative, and contractor who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.25 - Confidentiality agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall supersede the provisions of any agreement imposing any duties of confidentiality or nondisclosure upon the Department or any employee, contractor or agent thereof. Such provisions imposing confidentiality or nondisclosure duties upon the Department or any employee, contractor or agent thereof shall be of no force or effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.26 - Wrongful access or disclosure; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall disclose, obtain or have possession of any confidential information, except as authorized by this chapter.
(b) Except in accordance with this chapter, no Department employee, representative, or contractor shall disclose any confidential information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department. No such person shall use any such information for his or her private gain or advantage, except as permitted by a contract between such person and the Department. If a contractor discloses confidential information in violation of this chapter or of contractual provisions restricting disclosure, such disclosure shall constitute grounds for debarment or suspension as provided in N.J.A.C. 7:1D-2, Debarment, Suspension and Disqualification from Department Contracting.
(c) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and/or
2. Pursue any other remedy available at law or equity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:26A-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Department governing the operation of recycling centers and the conduct of recyclable materials generators and transporters, and of governing municipalities and counties that have jurisdiction over recyclable materials pursuant to the Solid Waste Management Act, 13:1E-1 et seq., particularly the New Jersey Statewide Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.1 1 et seq. This chapter also includes the Department's electronic waste recycling program rules regarding the recycling of a used covered electronic device, pursuant to the Electronic Waste Management Act, N.J.S.A. 13:1E-99.9 4 et seq.
(b) This chapter shall not apply to hazardous waste, except for universal waste exempted from hazardous waste regulation as provided at N.J.A.C. 7:26A-7.
(c) The use or reuse of material that would otherwise become solid waste pursuant to N.J.A.C. 7:26 as fill material, aggregate substitute, fuel substitute, or landfill cover which in some cases may be recycling, are reviewed and approved in accordance with 7:26-1.7(g).
(d) Unprocessed recyclable materials, post-consumer materials, and used or abandoned materials that are or will be deposited on or in the lands of the State for any period exceeding six months, including by stockpiling, staging or storing, are solid waste that shall be managed in accordance with the Solid Waste rules, N.J.A.C. 7:26, unless:
1. The storage activity is exempt from the requirement to obtain a general or limited approval pursuant to 7:26A-1.4(a)  and the materials are managed pursuant to 7:26A-1.4(b);
2. A general or limited approval to operate specifies a period that is longer than six months, pursuant to 7:26A-3.9;
3. A specific storage time period is set forth in a limited or general approval issued pursuant to this chapter;
4. The Department authorizes, in writing, a time period longer than six months;
5. The material is a product that has been produced by an approved or exempt recycling facility; or
6. The material is approved for use under 7:26-1.7(g).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:26A-1.2 - Construction and severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall be liberally construed to permit the Department to effectuate the purposes of the Solid Waste Management Act, 13:1E-1 et seq.
(b) If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this chapter or the application thereof to other persons.
(c) The Department may amend, repeal or rescind this chapter as necessary and in conformance with the Administrative Procedure Act, 52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:26A-1.4 - Activities exempt from general or limited approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The activities listed below are exempted from the requirement to obtain a general or limited approval pursuant to N.J.A.C. 7:26A-3 and , unless otherwise specified, the solid waste planning requirements at N.J.A.C. 7:26-6.10 or 6.11. The specific criteria applicable to these activities are as follows:
1. Manufacturers shall not be required to obtain a general or limited approval pursuant to N.J.A.C. 7:26A-3for the receipt, storage or processing of source separated recyclable materials. This exemption shall also apply to:
i. Asphalt manufacturing plants that receive solely source separated recyclable asphalt millings or larger pieces, and preconsumer asphalt shingles or other asphalt-based roofing scrap, or a combination thereof prior to their introduction into the asphalt manufacturing process. The materials shall be delivered to the manufacturing plant directly from the site of generation unless intermediate storage is authorized by the Department; or
ii. Pallet manufacturers and/or refurbishers that process non-salvageable wood pallet materials generated from their manufacturing and refurbishing activities. Storage of processed wood materials shall not exceed one year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:26A-1.5 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In an enforcement action, or on specific request of the Department, persons claiming that they qualify for any exclusion or exemption in this chapter or that they are not otherwise subject to the rules in this chapter shall demonstrate and appropriately document that they satisfy all terms of the law releasing them from the requirements of this chapter.
(b) In an enforcement action, or on specific request of the Department, persons claiming that a certain material is not a recyclable material shall demonstrate and appropriately document that the material is not recyclable and that there is an approved alternate use for the material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:26A-1.7 - Right of entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey Department of Environmental Protection or an authorized representative acting pursuant to the County Environmental Health Act, N.J.S.A. 26:3A2-1 et seq., shall have the right to enter and inspect any building or other portion of a recycling center, recycling depot or any site at which an exempted activity is conducted pursuant to 7:26A-1.4(a), at any time in order to determine compliance with the provisions of all applicable laws or rules and regulations adopted pursuant thereto. This right to inspect includes, but is not limited to:
1. Sampling any materials on site;
2. Photographing any portion of the recycling center;
3. Investigating an actual or suspected source of pollution of the environment; and
4. Ascertaining compliance or non-compliance with the statutes, rules or regulations of the Department, including conditions of the recycling center approval issued by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 2 - FEES FOR A GENERAL OR LIMITED APPROVAL TO OPERATE A RECYCLING CENTER FOR CLASS B, CLASS C, AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-2.1 - Fees for general or limited approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following apply to the application fee for general or limited approval:
1. All applicants for a general approval to operate a recycling center for Class B recyclable material shall submit an application fee of $ 5,281 at the time of application.
i. The application fee for general approval will cover the Department's costs of conducting county and Statewide recycling plan consistency reviews, reviewing information submitted in accordance with 7:26A-3.2(a), 3.4 and 3.8, preparing letters of administrative completeness and incompleteness, advising applicants on technical deficiencies, and preparing approval and denial letters in accordance with 7:26A-3.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 2 - FEES FOR A GENERAL OR LIMITED APPROVAL TO OPERATE A RECYCLING CENTER FOR CLASS B, CLASS C, AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-2.2 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 2 - FEES FOR A GENERAL OR LIMITED APPROVAL TO OPERATE A RECYCLING CENTER FOR CLASS B, CLASS C, AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-2.3 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Payment of all fees for activities related to recycling shall be paid in U.S. dollars by certified check, government purchase order or check, or money order, payable to "Treasurer, State of New Jersey" and mailed or hand delivered to the following address, unless the Department authorizes some other means of payment:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
401 East State Street, 2nd Floor, West Wing
PO Box 420, Mail Code 401-02C
Trenton, NJ 08625-0420
(b) The Department may, in its discretion, refrain from commencing work or suspend work at any time until the applicant has paid the designated fee.
(c) All compliance monitoring fees shall be paid in U.S. dollars by certified check, government purchase order or check, or money order, payable to "Treasurer, State of New Jersey" and mailed, along with the fee invoice, to the following address:
Department of Treasury
Division of Revenue
P.O. Box 417
Trenton, NJ 08646-0417
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 2 - FEES FOR A GENERAL OR LIMITED APPROVAL TO OPERATE A RECYCLING CENTER FOR CLASS B, CLASS C, AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-2.5 - Compliance monitoring fee calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall apply to all compliance monitoring fees for recycling centers.
(b) The Department shall calculate compliance monitoring fees for the upcoming State fiscal year as of December 1 prior to that State fiscal year calculated, as follows:
1. Calculate task hours by determining the number of hours (determined from time coding and/or workload analysis) required to perform the specific program function for which the Direct Program staff are being employed.
2. Multiply the hourly rate derived pursuant to 7:26A-2.4 by the specific task hours for each type of activity for which a fee is listed pursuant to (b)1 above to derive the compliance monitoring fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.1 - General requirements applicable to all recycling centers that receive, store, process, or transfer Class B, Class C, or Class D recyclable material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No recycling center shall receive, store, process or transfer any Class B, Class C or Class D recyclable material without the prior written approval of the Department. The procedures for obtaining approval are set forth at N.J.A.C. 7:26A-3.2, 3.4, 3.5, 3.7, 3.8, and 3.18 through 3.20. All persons issued a general or limited approval to operate a recycling center for Class B, Class C and/or Class D recyclable material pursuant to this subchapter shall comply with all conditions of the approval.
(b) Any person who operates a recycling center for the receipt, storage, processing or transfer of Class B, Class C or Class D, recyclable material without the prior written approval of the Department shall be considered to be operating an unlicensed solid waste facility and shall be subject to penalties as set forth in N.J.S.A. 13:1E-9 and N.J.A.C. 7:26-5in addition to penalties which may be assessed by other regulatory agencies pursuant to their authority. That person may also be subject to penalties for violations of any other Department rules and the statutes under which such rules are promulgated.
(c) Prior to filing an application with the Department for recycling center general approval, and concurrent with or subsequent to filing for inclusion in the applicable district Solid Waste Management Plan, the applicant shall publish a notice in a newspaper of general circulation within the host municipality which indicates that the applicant will apply to the solid waste management district for inclusion of a recycling center in the solid waste management plan of the district in which the recycling center is located and will apply to the Department for recycling center approval. The notice shall include the following:
1. The name of the proposed recycling center, the name of the owner or operator of the proposed recycling center and the nature of the project;
2. The generally recognized address of the proposed recycling center, as well as the block and lot of the proposed recycling center;
3. An indication that a copy of the application for district solid waste management plan inclusion may be examined at the office of the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located or at the applicable municipal clerk's office; and
4. An indication that comments regarding the application for district solid waste management plan inclusion can be made at the public hearing which shall be held by the board of chosen freeholders or the New Jersey Meadowlands Commission, submitted to the county clerk's office or submitted to the office of the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.3 - Mobile recycling equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons operating mobile recycling processing equipment for Class B, Class C or Class D recyclable material shall operate such equipment only as follows:
1. At a site which possesses a general or limited approval from the Department and in manner which conforms to the approval for the site; or
2. Pursuant to an exemption at 7:26A-1.4(a)  and in a manner which conforms to the criteria of the exemption.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.5 - General approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of receipt of an application for recycling center general approval submitted pursuant to N.J.A.C. 7:26A-3.2(a), the Department will determine whether the application is administratively complete. An application is administratively complete where it satisfies the information submission requirements of N.J.A.C. 7:26A-3.2 and where a fee has been submitted pursuant to N.J.A.C. 7:26A-2. The procedures for Department review and approval of an application for a recycling center general approval are as set forth in (a)1 through 4 below and in (b) and (c) below:
1. If an application is deemed administratively complete in accordance with (a) above, the Department will, within 30 days of receipt of the application, issue a letter to applicant indicating the administrative completeness of the application.
2. If an application fails to meet the criteria for administrative completeness in accordance with (a) above, the Department will advise the applicant that the application is incomplete and will specify in writing what additional data, reports, specifications, plans or other information is required for administrative completeness, and a deadline by which such additional information shall be submitted. The Department shall not make a decision on any application until such time as the applicant has submitted the requested additional information. Failure to submit the requested additional information as required shall constitute cause for denial of the application without prejudice. A determination of incompleteness shall stop any review and shall stay the time limitations set forth in (a)1 above and (c) below.
3. Within 30 days of receiving the notice of incompleteness, the applicant shall submit the requested additional information to the Department as an addendum to the application for a recycling center general approval ("Addendum").
4. Upon receipt of the Addendum, the Department shall review the Addendum to determine administrative completeness in accordance with this subsection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.6 - Application for renewal of a general approval to operate a recycling center

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for renewal of general approvals issued pursuant to this subchapter shall be submitted at least three months prior to expiration of the current approval and shall comply with all requirements for renewal set forth in this subchapter. One copy of the application for renewal of a general approval shall be submitted by the applicant to the municipal clerk of the municipality in which the recycling center is located, and to the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located.
(b) Applicants for renewal of existing general approvals shall certify in writing to the Department that there have been no changes in the operations of the recycling center since the issuance of the general approval in order to renew the approval in its existing form. In the event that there have been changes in the design or operations of the recycling center or where either design or operational changes are planned, the application for renewal of a general approval shall be accompanied by a written notification of the modification for which the applicant intends to apply, in accordance with the requirements for modifications of general approvals at 7:26A-3.10, and payment of the designated modification fee at N.J.A.C. 7:26A-2. The Department will not incorporate modifications into general approvals for recycling centers through the approval renewal process without a designated fee being paid with the initial written notification of said modifications.
(c) In a case where the person who has received the general approval pursuant to this subchapter does not comply with (a) and (b) above and continues to operate without renewal of its general approval, the Department may take actions which include, but are not limited to, the following:
1. Appropriate enforcement action including the assessment of penalties under 13:1E-9; and
2. Require the person who has received the general approval to file an application as a new applicant for a general approval in accordance with 7:26A-3.2, 3.4 or 3.8 and pay the annual fee as per N.J.A.C. 7:26A-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.7 - Application procedure for limited Class B recycling center approval to operate a recycling center for the storage, processing, or transfer of Class B recyclable material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may operate a limited Class B recycling center for the storage, processing or transferring of Class B recyclable materials generated on site for a period of time not to exceed 180 days, provided that prior approval of the Department has been obtained and a fee has been submitted in accordance with N.J.A.C. 7:26A-2 to the Department. A person who has obtained prior approval to operate a limited Class B recycling center pursuant to this subsection may also receive Class B recyclable materials, but only for use at the specific site for which the Department granted approval to operate the limited class B recycling center. The following information shall be submitted to the Department in order to obtain a limited Class B recycling center approval:
1. The information required pursuant to N.J.A.C. 7:26A-3.2(a)1  through 8, 11, 12, 13, 14, and 16(i). The application shall include a site map that identifies the placement of all equipment, buildings, activities and areas related to the storage, processing and transferring of all unprocessed and processed recyclable materials and meets the requirements of N.J.A.C. 7:26A-3.2(a)9 ii, v, vii and viii;
2. A written schedule for completion of the recycling operation; and
3. The application shall be certified with the certification described at N.J.A.C. 7:26A-3.2(b)1  signed by the appropriate person as described at N.J.A.C. 7:26A-3.2(b)2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.8 - Tire, tree stump, tree parts or wood waste recycling centers: additional requirements for general or limited approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The methods of processing tires that may be approved by the Department are limited to slicing, shredding, chipping, crumbing or other activities as determined by the Department. At no time shall incineration, landfilling, abandonment or other disposal of tires, in whole or in part, occur at the recycling center.
(b) The owner or operator of a tire recycling center shall take all steps necessary to ensure that no mosquito colony formation or development is allowed to occur on the recycling center site.
(c) A fire control plan for the recycling center shall be filed with and approved by the local fire official or other person of competent jurisdiction and shall be filed with the local municipal code enforcement officer prior to operation of a recycling center for tires, tree stumps, tree parts or wood waste.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.9 - Storage of Class B materials and Class D materials that are not universal waste

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The temporary storage of unprocessed and processed Class B or Class D recyclable material that is not universal waste at recycling centers shall be limited to the amount indicated in the general or limited approval to operate.
(b) Notwithstanding (a) above, in no event shall unprocessed Class B or Class D recyclable material that is not universal waste be stored at recycling centers approved pursuant to this subchapter for a period in excess of one year from the date of its receipt.
(c) The storage of petroleum contaminated soil at a recycling center approved to receive this material shall be subject to additional storage requirements as indicated in the approval issued pursuant to 7:26A-3.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.10 - Modifications of general or limited approvals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All holders of a general or limited approval to operate a recycling center pursuant to this subchapter shall obtain prior approval from the Department for any modification of the general or limited approval.
(b) Modifications to the general or limited approval to operate a recycling center which require the prior approval of the Department include the following:
1. Any change affecting the conditions of the general or limited approval issued pursuant to N.J.A.C. 7:26A-3.5 or 7:26A-3.7; and
2. Any change to the information submitted pursuant to N.J.A.C. 7:26A-3.2(a),3.4, 3.7, 3.8, 3.18, 3.19 or 3.20, except that changes in end-market information submitted pursuant to N.J.A.C. 7:26A-3.2(a)7  shall not require the prior approval of the Department but shall be handled in accordance with (f) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.11 - Increase in design capacity at recycling centers for Class B, Class C, and Class D recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A holder of a general approval seeking approval of an increase in design capacity at an approved recycling center for Class B, Class C, or Class D recyclable materials shall submit a request to the Department, in writing, for the proposed increase and shall submit updated information pursuant to the requirements of 7:26-3.2(a), 3.4, or 3.8, as applicable. The holder shall also provide written notice of the request to the solid waste or recycling coordinator of the applicable district.
(b) The Department shall review the request and determine whether additional information is necessary to adequately address issues of public or environmental health, safety or welfare. If such additional information is required, the Department shall so notify the holder in writing within 30 days of receipt of the request for approval. The holder shall submit, in writing, the additional information requested by the Department within 15 days of receipt of the request for additional information.
(c) No later than 60 days following receipt of the request for approval and any additional information submitted pursuant to (b) above, the Department shall deny the request for approval or declare its intent to approve the request and shall so notify the holder in writing.
(d) Within five days of receipt of the Department's notice of intent to approve a request for an increase in design capacity, the holder shall notify the district solid waste or recycling coordinator of its receipt of such notice and shall also publish notice thereof in a newspaper of general circulation in the county where the facility is located.
1. The notice shall be published not less than 30 calendar days prior to the proposed effective date of the Department's approval and shall contain the following:
i. A description of the location by municipality, street address, lot and block number, of the recycling center, the waste types received and the proposed increase in capacity;
ii. A statement justifying the necessity for the increase in design capacity; and
iii. The name and address of the district solid waste or recycling coordinator and the Department to which comments on the request for approval may be submitted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.12 - Criteria for denial of a new general or limited approval, a renewal of an existing general approval or an extension of a limited approval to operate a recycling center

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following constitutes the criteria for denial of a general or limited approval and will result in the issuance of a letter of denial of general or limited approval to operate a recycling center:
1. Failure to submit any of the information required pursuant to this subchapter;
2. Failure of an applicant for a general approval to maintain inclusion of a proposed recycling center in the applicable district solid waste management plan;
3. Failure to correct any deficiencies in information submitted pursuant to this subchapter as determined by the Department, within 45 days of receipt of a letter detailing said deficiencies;
4. Failure to demonstrate that only source separated recyclable materials will be received, stored, processed or transferred at the recycling center; and
5. Failure to submit the appropriate fee required pursuant to N.J.A.C. 7:26A-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.13 - Procedures and criteria for revoking a general or limited approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may revoke a general or limited approval upon a determination that a person holding a general or limited approval has:
1. Violated any provision of N.J.S.A. 13:1E-1 et seq., the Act, or any rule, regulation or administrative order promulgated pursuant to N.J.S.A. 13:1E-1 et seq. and the Act;
2. Violated any solid waste utility law at N.J.S.A. 48:2-1 et seq. or 48:13A-1 et seq., or any rule, regulation or administrative order promulgated pursuant to N.J.S.A. 48:2-1 et seq. or 48:13A-1 et seq.;
3. Violated any provision of any laws related to pollution of the waters, air or land surfaces of the State or of any other State or Federal environmental laws including criminal laws related to environmental protection;
4. Refused or failed to comply with any lawful order of the Department;
5. Failed to comply with any of the conditions of the general or limited approval issued by the Department;
6. Transferred a general or limited approval to a new owner or operator pursuant to N.J.A.C. 7:26A-3.15 without the prior approval of the Department;
7. Failed to obtain any required permit or approval from the Department or other State or Federal agency; or
8. Committed any of the acts which are criteria for denial of a general or limited approval set forth in N.J.A.C. 7:26A-3.12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.14 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant that believes it is aggrieved with respect to the following decisions made by the Department may appeal the decision within 20 calendar days after the date of the decision and request an administrative hearing:
1. Any term of a general or limited approval;
2. Denial of a general or limited approval, or any part thereof; or
3. Revocation or modification of a previously issued approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.15 - Transfer of a general or limited approval to operate a recycling center

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A general or limited approval to operate a recycling center shall not be transferred to a new owner or operator without the Department's prior approval.
1. Any transfer of an approval must be pre-approved by the Department, and a written request for permission to allow such transfer must be received by the Department at least 60 days in advance of the proposed transfer of ownership or operational control of a recycling center. The request for approval shall include the following:
i. The name, address and social security number of all prospective new owners or operators;
ii. A written certification by the proposed transferee that the terms and conditions contained in the general or limited approval will be met by the proposed transferee; and
iii. A written agreement between the current owner or operator of the recycling center and the proposed new owner or operator containing a specific future date for transfer of ownership or operational control.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.17 - Recordkeeping and annual report; confidentiality of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All holders of a general approval shall maintain daily records of all materials received, stored, processed or transferred. Said records shall indicate, at a minimum:
1. A daily record of the amounts of each recyclable material by type and municipality of origin which are received, stored, processed or transferred each day, expressed in tons, cubic yards, cubic feet or gallons. Those operators specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons;
2. The name, address and telephone number of the end-markets for all recyclable materials transported from the recycling center, including the amounts, in tons, cubic yards, cubic feet or gallons, transported to each end-market. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons; and
3. The amount of residue disposed of, expressed in tons, cubic yards, cubic feet or gallons, including the name and New Jersey Department of Environmental Protection solid waste registration number of the solid waste collector/hauler contracted to provide the haulage/disposal service. Those persons specifying the amount of residue in cubic yards shall also indicate the conversion ratio of the residue from cubic yards to tons.