New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 5 - SOLID WASTE COLLECTION EFFECTIVE COMPETITION MONITORING › Section 7:26H-5.11 - Procedures for Department review; supervision of solid waste collection industry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following pertain to transactions requiring Department approval pursuant to the provisions at N.J.S.A. 48:3-7:
1. All notices of intent to enter into a transaction listed at N.J.S.A. 48:3-7 shall be in the form prescribed by N.J.A.C. 7:26H-2, to the extent applicable.
2. The solid waste collector shall file a notice of intent no later than 30 days prior to the anticipated date of closing of the transaction.
3. Upon receipt of a notice of intent, the Department shall review the notice to determine whether the notice and the supporting documentation are complete. After reviewing the notice of intent, the Department shall, within 30 days of receipt of the notice, notify the applicant, in writing, whether the notice is complete or incomplete. For the purposes of this section, receipt means arrival at and date stamped by the Bureau of Planning and Licensing, Division of Sustainable Waste Management.
i. A determination of incompleteness shall stop any review and shall stay the time limitations set forth in (a)4 below.
ii. Within 14 days after receiving a notification of deficiency, the collector shall inform the Department, in writing, of its intent to either withdraw the notice of intent or supply the information requested to make the notice of intent complete.
iii. The collector shall supply all requested information within 30 days of receipt of notification of deficiency. This time limitation may be waived through agreement with the Department.
4. The Department may require a collector to provide additional information where such information is necessary, as determined by the Department, to make the notice of intent complete prior to the decision to approve the transaction. The Department shall not make a final determination on any transaction until such time as the applicant supplies all of the requested information. Any failure to submit such information shall constitute cause for dismissal of the petition without prejudice. In the event the Department requests no additional information within 30 days of receipt of the notice, the transaction shall be deemed to have been approved.
5. In the event the Department requests additional information, the timeframe for the review of a complete notice shall be in accordance with the following:
i. The Department shall perform its review of a complete notice and make a decision within 60 days from the receipt of all requested information;
ii. The Department will approve a transaction within 60 days of receipt of a complete notice of intent unless it makes a determination pursuant to (b) below that the proposed sale, lease, mortgage, disposition, encumbrance, merger or consolidation would result in a lack of effective competition; and
iii. In the event the Department fails to take action on a transaction within the 60-day period, then the transaction shall be deemed to have been approved.