reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.40 - Intermediate handlers and destination facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									7:26-3A.40 through 3A.44 apply to owners and operators of intermediate handler or destination facilities located in New Jersey that manage regulated medical waste and owners and operators of facilities in another state that receive regulated medical waste generated in New Jersey. Facilities that are subject to the above sections include:
1. Destination facilities, including treatment and destruction facilities, facilities that cause the regulated medical waste to meet the conditions of 7:26-3A.6(b)3  or 4 including incineration facilities, alternative or innovative technology facilities and disposal facilities; and
2. Intermediate handlers, including alternative or innovative technology or other facilities that either treat or destroy the regulated medical waste, but do not cause it to meet the conditions of 7:26-3A.6(b)3  or 4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.41 - Use of the tracking form for intermediate handlers and destination facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a destination facility when receiving a tracking form shall:
1. Sign and date each copy of the tracking form to certify that the regulated medical waste listed on the tracking form was received;
2. Note any discrepancies as defined in 7:26-3A.42(a)  on the tracking form;
3. Immediately give the transporter "Copy 3--Transporter Copy" of the signed tracking form:
i. In the case of regulated medical waste transported in accordance with 7:26-3A.17(a)  immediately give the generator "Copy 4--Generator Copy" of the signed tracking form.
ii. In the case of regulated medical waste transported in accordance with 7:26-3A.17(b)  the disposal facility shall mail "Copy 4--Generator Copy" of the signed tracking form.
4. Send "Copy 4--Generator Copy" of the tracking form to the generator (or "Copy 3--Transporter Copy" to the transporter or intermediate handler that initiated the tracking form) within 15 days of the delivery; and
5. Retain "Copy 2--Destination Facility Copy" of each tracking form in accordance with 7:26-3A.43.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.42 - Tracking form discrepancies for intermediate handlers and destination facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tracking form discrepancies are:
1. For packages, any variation in piece count such as a discrepancy of one box, pail, or drum in a truckload;
2. For waste by categories (that is, untreated or treated), discrepancies in number of packages for each category of regulated medical waste as described on the label imprinted or affixed to the outer surface of the package;
3. Packaging that is broken, torn, or leaking;
4. Regulated medical waste that arrives at in intermediate handler or a destination facility unaccompanied by a tracking form, or for which the tracking from is incomplete or not signed; and
5. For quantity (in net or gross mass, capacity, or as otherwise appropriate), including the unit of measurement (for example, lbs., gal, Kg., or L) of packages, a discrepancy greater than three percent of each tracking form load or more than 200 pounds, whichever is less.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.43 - Recordkeeping for collection facilities, intermediate handlers and destination facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a collection facility, destination facility or an intermediate handler receiving regulated medical waste generated, transported, treated, destroyed, disposed of or otherwise managed in New Jersey shall maintain records at the registered site, for a minimum of three years from the date the waste was accepted unless the Department specifically requires an additional retention period. These records shall contain the following information:
1. Copies of all tracking forms required by 7:26-3A.41(a)5, (b)3 iii, and (c)5iii; and the logs required by 7:26-3A.41(b)2;
2. Copies of all discrepancy reports required by N.J.A.C. 7:26- 3A.42(b); and
3. Copies of Department facility compliance inspection reports and the facility registration certificates.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.44 - Additional reporting for collection facilities, intermediate handlers and destination facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Beginning July 30, 2002, all regulated medical waste commercial collection facilities, intermediate handlers and destination facilities are required to submit an annual medical waste collection facility, intermediate handler and destination facility report to the Department, except that noncommercial collection facilities are not required to comply with (a)1 and 2 below, covering the period from July 1 through June 30 of each calendar year and shall be submitted by July 30 of each calendar year, on forms available from the Department at the address listed at 7:26-3A.8(f), which shall include, but not be limited, to the following information:
1. A description of the sources, the types and amounts of regulated medical waste and medical waste collected, treated and/or destroyed;
2. The methods used for treatment and/or destruction; and
3. A description of any injuries and illnesses resulting from the maintenance, operation or any other activity related to a regulated medical waste treatment and/or destruction device(s).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.45 - Rail transporters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements in this section and in 7:26-3A.46 apply to persons engaged in rail transportation of regulated medical waste generated, stored, transferred, treated, destroyed, disposed of, or otherwise managed in New Jersey.
(b) Rail transporters of regulated medical waste shall also comply with the transporter requirements of 7:26-3A.27 through 3A.36 except as otherwise provided in 7:26-3A.31(f).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.46 - Rail shipment tracking form requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following requirements apply to all shipments of regulated medical waste involving rail transport:
1. When accepting regulated medical waste generated, stored, transferred, treated, destroyed, disposed of, or otherwise managed in New Jersey from a non-rail transporter, the initial rail transporter shall:
i. Sign and date the tracking form acknowledging acceptance of the regulated medical waste;
ii. Return a signed copy of the tracking form to the non-rail transporter;
iii. Forward at least three copies of the tracking form to:
(1) The next non-rail transporter, if any; or
(2) The intermediate handler or destination facility, if the shipment is delivered to that facility by rail; or
(3) The last rail transporter designated to handle the waste in the United States; and
iv. Retain one copy of the tracking form and rail shipping paper in accordance with 7:26-3A.34.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.47 - Alternative or innovative technology authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any alternative or innovative technology for the treatment and/or destruction of regulated medical waste, and any modification thereof, shall be authorized by the Department and NJDOH prior to any marketing, sale or use in New Jersey, in accordance with the following:
1. Persons seeking to market, sell, or use an alternative or innovative technology shall submit an application to the Bureau of Recycling and Hazardous Waste Management in the Department at the address given at
7:26-3A.8(f)
4 for authorization and pay the alternative technology review fee in accordance with
7:26-3A.8
. The application shall be on forms provided by the Department and shall include the following:
i. A description of the proposed method of operation;
ii. Actual performance data;
iii. Vendor and independently verified treatment efficacy data;
iv. Information on parametric monitoring and controls;
v. Limits on waste acceptance;
vi. Information on residuals produced;
vii. Potential environmental impacts, including emissions and noise impacts;
viii. Occupational exposures;
ix. Safety procedures; and
x. Installation and operating costs, including data on energy efficiency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.48 - Requirements for generators using out-of-State facilities disposing of regulated medical waste from New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A generator using an out-of-State intermediate handler, destination facility, transfer facility, or other medical waste disposal facility operating for any purpose that uses the U.S. Postal Service or other parcel delivery service in New Jersey and uses the U.S. Postal Service or other authorized mail or parcel delivery service to transport regulated medical waste from New Jersey to the out-of-State facility, shall request a certification from the out-of-State facility, which shall include copies of any state and local authorizations and/or permits. Copies of this certification shall be sent by the generator to the Bureau of Recycling and Hazardous Waste Management at the address given at
7:26-3A.8(f)
4. This information shall be provided by the generator prior to sending any RMW out of State for disposal.
(b) A generator using the out-of-State facility described in (a) above shall also submit a certification of any and all changes to the out-of-State facilities authorizations or permits within 30 days of such changes.
(c) A generator of regulated medical waste in this State shall not send regulated medical waste by the U.S. Parcel Service or other parcel delivery service to an out-of-State facility that has not submitted a certification to the Department in accordance with this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 3A - REGULATED MEDICAL WASTE › Section 7:26-3A.49 - Duration of the letter of authorization; letter of authorization renewal requirements; continuation of an expiring letter of authorization and transfer of an existing letter of authorization for commercial collection facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A letter of authorization issued pursuant to this subchapter shall be effective for a fixed term not to exceed five years except as provided in (c) and (d) below. A letter of authorization may be renewed in accordance with (b) below only for the duration of the facility's inclusion in the applicable District Solid Waste Management Plan and provided that the waste processing rate, as specified in the letter of authorization is not exceeded.
1. The term of a letter of authorization shall not be extended by modification beyond the maximum duration specified in this section.
2. Nothing in this section shall be construed to allow the bearer of a letter of authorization to exceed the maximum waste processing rate of the facility as set forth in the letter of authorization for the facility at any time during the term of the letter of authorization. Any expansion, extension, enlargement or other increase beyond the letter of authorization waste processing rate shall be considered a new facility and shall require submittal of an application to the Department for approval of a new letter of authorization.
3. The Department may issue any letter of authorization for a duration that is less than the full allowable term under this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:26H-8.4, the fee schedule set forth in this subchapter shall apply to all sanitary landfill operations, thermal destruction facilities, transfer stations, processing facilities, resource recovery facilities, municipal solid waste composting, co-composting or any other methods of transportation or disposal of solid waste, excluding hazardous waste, requiring licensing and registration with the Department.
(b) Persons transporting only their own household refuse in vehicles bearing passenger license plates or persons transporting their own solid waste in vehicles registered with a motor vehicles agency as having a maximum gross vehicle weight of 9,000 pounds for a single vehicle or 16,000 pounds combined maximum gross vehicle weight for a vehicle pulling a trailer, and claiming said exemption under 7:26-3.3, need not pay any solid waste fee to the Department. Any person transporting solid waste who does not meet the criteria for exemption under this subsection shall be subject to the fee requirements applicable to transporters of solid waste set forth at 7:26-4.4.
(c) Any fee under this subchapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.2 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for activities related to solid waste transporters and facilities 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
Bureau of Solid Waste Planning and Licensing Mail Code 401-02C
PO Box 420
401 East State Street
Trenton, NJ 08625-0420
(b) The Department may refrain from commencing work on activities related to solid waste transporters and facilities until the Department receives full payment of such fee. If the Department has commenced work on the service, the Department may suspend such work until it receives full payment of such 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 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.3 - Fee schedule for solid waste facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee schedule for solid waste annual facility registration is as follows:
1. Except as provided in (a)2 below, each solid waste facility permittee or rail carrier transfer facility shall pay an annual facility registration update fee of $ 6,006. The annual facility registration update fee is due at the time the annual registration update is submitted, but in no event later than May 1 of each calendar year.
2. A newly permitted solid waste facility or a new rail transfer facility shall pay an initial facility registration fee of $ 6,006, according to the following schedule:
i. The initial facility registration fee for a newly permitted solid waste facility shall be due no later than the first July 1 immediately following the issuance of the permit; and
ii. The initial facility registration fee for a new rail carrier transfer facility shall be due no later than the first July 1 immediately following the Department's receipt of the notification required under 7:26-2D.1(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.4 - Fee schedule for transporters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For solid waste transporters, excluding those solely transporting hazardous waste, a biennial registration and inspection fee shall be paid. Annual registration shall continue through the registration period of calendar year 2002. In accordance with (b) below, the odd numbered year for biennial registration shall begin calendar year 2003. The five-year registration period for public entities shall begin calendar year 2001. The registration of a solid waste transporter is non-transferable and fees are non-refundable.
(b) The registration period shall be biennial, except that it will be five years for public entities, unless otherwise established by the Department, and shall extend from July 1 through June 1 of each odd numbered year, except that it will extend from July 1 through June 1 of every fifth year after 2001 for public entities. Fees shall be payable prior to May 1 of each registration period.
(c) All transporters shall pay a biennial fee of $ 40.00 ($ 20.00 for calendar year 2002) for each solid waste cab.
(d) All transporters shall pay a biennial fee of $ 60.00 ($ 30.00 for calendar year 2002) for each solid waste trailer.
(e) All transporters shall pay a biennial fee of $ 60.00 ($ 30.00 for calendar year 2002) except that public entities shall pay a registration period fee of $ 22.00 (fee set as of March 1999) for each solid waste container.
(f) All transporters shall pay a biennial fee of $ 100.00 ($ 50.00 for calendar year 2002) for each solid waste single vehicle.
(g) All transporters shall pay a biennial fee of $ 60.00 ($ 30.00 for calendar year 2002) for the registration of containers meeting the requirements at 7:26-3.5(f).
(h) The registration of a solid waste vehicle is non-transferable.
(i) Fees will be prorated as follows:
1. Solid waste vehicles registered after May 1 of the second year of the registration period shall be assessed half the fee listed above for said solid waste vehicle.
2. Public entities registering after May 1 of the second year shall be prorated year for year except that containers shall not be prorated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.6 - Solid waste facility fee calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall calculate solid waste facility fees in accordance with (b)1 and 2 below and shall assess these fees in accordance with (d) below.
(b) The Department shall calculate solid waste facility fees for the upcoming State fiscal year, as of the December 1 that precedes the upcoming State Fiscal Year as follows:
1. Calculate task hours by determining the number of hours (determined from time coding or workload analysis) required to perform the specific program function for which the Direct Program staff is being employed (such as Class A landfill renewal, transfer station major modification, thermal destruction facility minor modification, etc.).
2. Multiply the solid waste facility hourly rate derived pursuant to 7:26-4.5 by the task hours for each task calculated in (b)1 above to derive the solid waste facility fee for each task.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.7 - Compliance monitoring services fee calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall apply to all compliance monitoring services fees calculations for facilities that are required to pay compliance monitoring services fees pursuant to this chapter.
(b) The Department shall calculate compliance monitoring services fees for the upcoming State Fiscal Year as of December 1 that precedes the upcoming State Fiscal Year as follows:
1. Calculate task hours by determining the number of hours (determined from time coding or workload analysis) required to perform the specific program function for which the direct program staff are being employed (such as major landfill inspections, Class B recycling center inspections, hazardous waste non-commercial facility inspections, etc.).
2. Multiply the solid waste facility hourly rate derived pursuant to 7:26-4.5 above by the task hours calculated in (b)1 above to derive the compliance monitoring services fee for each task.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.8 - County enforcement activity fees for solid waste control program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General provisions are as follows:
1. Scope: Unless otherwise provided by state or statute, the following shall constitute the rules of the Department of Environmental Protection concerning fees to be charged for enforcement activities undertaken by county health departments pursuant to the Solid Waste Management Act, 13:1E-1 et seq., and the County Environmental Health Standards of Administrative Procedure and Performance, N.J.A.C. 7:1H.
2. Construction: This section shall be liberally construed to permit the Department and its component divisions to effectuate the purposes of the above referenced laws.
3. Purpose: This section is promulgated for the following purposes:
i. To aid counties in the development and implementation of a solid waste control program; and
ii. To provide a basis for the Department to review county department fees for enforcement activities related to their solid waste control program based upon the objectives in N.J.S.A. 13:1E et seq. and N.J.A.C. 7:26-1.
4. Definitions: The following words and terms, when used in this section, shall have the following meanings. Where words and terms are used which are not defined herein, the definitions of those words and terms will be the same as the definitions at 7:26-1.4.
"County department" means a county department of health established pursuant to P.L. 1975, c.329 (N.J.S.A. 26:3A2-1 et seq.) as amended and supplemented, with the purpose of providing environmental health programs throughout the county and other local health programs in any municipality which contracts therefor with the county board (N.J.S.A. 26:3A2-21 et seq.)
"Owner or operator" means and includes, in addition to the usual meanings thereof, every owner of record of any interest in land whereon a sanitary landfill facility is located, and any person or corporation which owns a majority interest in any other corporation which owns a majority interest in any sanitary landfill facility.
"Program" means a solid waste control program prepared by the county department pursuant to this section and the procedures and standards authorized by the County Environmental Health Standards of Administrative Procedure and Performance, N.J.A.C. 7:1H, and which has been submitted to the Department for review.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.9 - Fee schedule for intermodal container facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each person authorized by the Department pursuant to 7:26-3.6 to operate an intermodal container facility shall:
1. Pay an application fee of $ 11,206. Such fee shall be submitted with the application required pursuant to 7:26-3.6(b);
2. Pay an annual fee of $ 216.00 on January 1 of each year for the costs of reviewing and maintaining the quarterly reports submitted pursuant to 7:26-3.6(e);
3. Pay the compliance monitoring fee set forth at 7:26-4.3(b);
4. Pay the costs of any other inspections or activities conducted by the Department as related to the authorization, inspection, and revocation of authorization to operate an intermodal container facility. Such costs shall be in accordance with the fee schedule set forth at 7:26-4.3; and
5. Pay a fee of $ 2,586 for an authorization modification issued pursuant to 7:26-3.6(m), which shall be paid on issuance of the authorization modification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 4 - FEES FOR SOLID WASTE › Section 7:26-4.10 - Confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
Any person submitting information to the Department and asserting a confidentiality claim in accordance with the procedures set forth in N.J.A.C. 7:26-17 shall pay a fee of $ 350.00.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall govern the Department's assessment of civil administrative penalties for violations of the Solid Waste Management Act, 13:1E-1 et seq., including the Comprehensive Regulated Medical Waste Management Act, P.L. 1989, c.34, amending and supplementing the Solid Waste Management Act (hereinafter "the Act"), including violation of any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved, pursuant to the Act. This subchapter shall also govern the procedures for requesting adjudicatory hearings on a notice of civil administrative penalty assessment or an administrative order.
(b) The Department may assess a civil administrative penalty of not more than $ 50,000 for each violation of each provision of the Act, or any rule promulgated, any administration order, permit, license or other operating authority issued, any district solid waste management plan approved, pursuant to the Act.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by 13:1E-1 et seq. or any other statute, in connection with the violation for which the assessment is levied.
(e) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license or other operating authority issued under the Act. Specifically, the Department may revoke or suspend a permit, license or other operating authority, without regard to whether or not a civil administrative penalty has been or will be assessed pursuant to this subchapter.
(f) For purposes of this subchapter, any person who undertakes or performs an obligation imposed upon another person pursuant to the Act, or any rules promulgated, any administrative, order, permit, license or other operating authority issued, any district solid waste management plan approved, pursuant to the Act, may at the discretion of the Department be subject to a civil administrative penalty pursuant to this subchapter in the same manner and in the same amount as such other person.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.2 - Procedures for assessment and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty under the Act, for violation of the Act, or any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved pursuant to the Act, the Department shall, by means of notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one violation in a single notice of civil administrative penalty assessment or in multiple notices of civil administrative penalty assessment. This notice of civil administrative penalty assessment shall:
1. Identify the section of the Act, rule, administrative order, permit, license, district solid waste management plan violated;
2. Concisely state the facts which constitute the violation;
3. Specify the amount of the civil administrative penalty to be imposed; and
4. Advise the violator of the right to request an adjudicatory hearing, pursuant to the procedures in 7:26-5.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.3 - Procedures to request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment, and procedures for conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment issued pursuant to the Act, the violator shall submit the following information, in writing, to the Department, at 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 086250420:
1. The name, address, telephone number of the violator and its authorized representative;
2. The violator's defenses, to each of the Department's findings of fact in the findings section of the administrative order or notice of civil administrative penalty assessment, stated in short and plain terms;
3. An admission or denial of each of the Department's findings of fact in the findings section of the administrative order or notice of civil administrative penalty assessment. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as is true and material and deny only the remainder. The violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding which the violator denies, the violator shall allege the fact or facts as the violator believes such fact or facts to be;
4. Information supporting the request and specific reference to or copies of all written documents relied upon to support the request;
5. An estimate of the time required for the hearing (in days and/or hours); and
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.4 - Civil administrative penalties for violation of rules adopted pursuant to the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of each requirement of any rule listed in N.J.A.C. 7:26-5.4(g).
(b) Each violation of a rule listed in N.J.A.C. 7:26-5.4(g)  shall constitute an additional, separate and distinct violation.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) For each parameter that is required to be monitored, sampled or reported, the failure to so monitor, sample or report shall constitute an additional, separate and distinct violation.
(e) Where any requirement of any rule listed in N.J.A.C. 7:26-5.4(g)  may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.
(f) The Department shall determine the amount of a civil administrative penalty for each violation of any rule listed in (g) below on the basis of the provision violated, according to the following procedure. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (g) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated.
1. Identify the rule violated as listed in N.J.A.C. 7:26-5.4(g)1  through 8A;
2. Identify the corresponding base penalty dollar amount for the rule violated as listed in N.J.A.C. 7:26-5.4(g)1  through 8A;
3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:
Data in image
4. To obtain the civil administrative penalty, add all of the severity penalty components pursuant to (f)3 above, to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty shall be $ 50,000.
EXAMPLE:
Base penalty (for violation of N.J.A.C. 7:26-2.12(f)
=
$ 1,000
Subparagraph (f)3iii applies: 0.50x1000
=
500
Subparagraph (f)3iv applies: 0.25x1000
=
+ 250
Civil administrative penalty
$ 1,750
5. For the purpose of this section, violation of the "same rule" means violation of the same specific requirement of a rule. Where a rule has a list of specific requirements, the same item on the list must be violated to be considered violation of the "same rule.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.5 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall assess penalties under this section, and not under 7:26-5.4 when:
1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under 7:26-5.4 would be too low to provide a sufficient deterrent effect as required by the Act; or
2. The violation is not listed under 7:26-5.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.6 - Civil administrative penalty for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who submits inaccurate information or who makes a false statement, representation or certification in any application, record or other document required to be submitted or maintained pursuant to the Act or any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved pursuant to the Act.
(b) Each day, from the day that the violator knew or had reason to know that it submitted inaccurate or false information to the Department until the day of receipt by the Department of a written correction by the violator, shall be an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section based on the conduct of the violator at the mid-point of the following ranges except as adjusted pursuant to (d) below:
1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty per act or omission shall be in an amount of not more than $ 50,000 nor less than $ 40,000 per act or omission; and
2. For all other conduct, the civil administrative penalty, per act or omission, shall be in the amount of $ 1,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.7 - Civil Administrative penalty for failure to allow lawful entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against any violator who refuses, inhibits or prohibits immediate lawful entry and inspection by any authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Act.
(b) Each day that a violator refuses, inhibits or prohibits immediate lawful entry and inspection by an authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Act, shall be an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section at the mid-point of the following ranges except as adjusted pursuant to (d) below as follows:
1. For refusing, inhibiting or prohibiting immediate lawful entry and inspection of any premises, building or facility for which an administrative order, permit, license or other operating authority requirement exists under the Act, the civil administrative penalty shall be in an amount of not more than $ 30,000 nor less than $ 20,000 per violation; and
2. For any other refusal, inhibition, or prohibition of immediate lawful entry and inspection the civil administrative penalty shall be in an amount of not more than $ 5,000 nor less than $ 3,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.8 - Civil administrative penalty for failure to pay a fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who fails to pay a fee when due pursuant to the act, or any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved pursuant to the Act.
(b) To assess a civil administrative penalty pursuant to this section:
1. The Department shall identify the civil administrative base penalty pursuant to (c) below; and
2. The civil administrative penalty shall be the base penalty unless adjusted pursuant to (d) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.9 - Civil administrative penalty for economic benefit

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may, in addition to any other civil administrative penalty assessed pursuant to this subchapter, include as a civil administrative penalty the economic benefit (in dollars) which the violator has realized as a result of not complying with, or by delaying compliance with, the requirements of the Act, or any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved pursuant to the Act. If the total economic benefit was derived from more than one violation, the total economic benefit may be apportioned among the violations from which it was derived so as to increase each civil administrative penalty assessment to an amount no greater than $ 50,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.10 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in the penalty tables at 7:26-5.4(g)  by an "M" in the Type of Violation column and each violation that is determined to be minor under 7:26-5.5(f)1, for which the conditions at (c) below are satisfied, is a minor violation, and is subject to a grace period, the length of which (in days) is indicated in the column with the heading "Grace Period."
(b) Each violation identified in the penalty tables at 7:26-5.4(g)  by an "NM" in the Type of Violation column is a non-minor violation and is not subject to a grace period.
(c) The Department or local government agency shall provide a grace period for any violation identified as minor under this section, provided the following conditions are met:
1. The violation is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;
2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency;
3. In the case of a violation that involves a permit, the person responsible for the violation has not been identified in a previous enforcement action by the Department or local government agency as responsible for a violation of the same requirement of the same permit within the preceding 12-month period;
4. In the case of a violation that does not involve a permit, the person responsible for the violation has not been notified in a previous enforcement action by the department or a local government agency as responsible for the same or a substantially similar violation at the same facility within the preceding 12-month period; and
5. In the case of any violation, the person responsible for the violation has not been identified by the Department or a local government agency as responsible for the same or substantially similar violations at any time that reasonably indicates a pattern of illegal conduct and not isolated incidents on the part of the person responsible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26-5.11 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this subchapter are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 6 - SOLID WASTE PLANNING REGULATIONS › Section 7:26-6.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter is promulgated pursuant to the policies set forth in and the authority delegated to the Department of Environmental Protection by the Solid Waste Management Act, 13:1E-1 et seq. and the Solid Waste Utility Control Act, 48:13A-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 6 - SOLID WASTE PLANNING REGULATIONS › Section 7:26-6.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to the Solid Waste Management Act, the Department is charged with developing procedures to assure the orderly preparation of a solid waste management plan for every solid waste management district and the approval, modification, or rejection of such a solid waste management plan, and the certification of the determinations to the board of chosen freeholders or the New Jersey Meadowlands Commission, as the case may be, which submitted such plan. This subchapter sets forth the rules to conduct these tasks.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 6 - SOLID WASTE PLANNING REGULATIONS › Section 7:26-6.4 - Informational requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Any person registered with the Department for the collection, transportation, and/or disposal of solid wastes affected by this subchapter shall, upon request by the Department, submit, in such form as the Department may deem appropriate, information concerning the sources of wastes collected, and his/her transportation and disposal patterns.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 6 - SOLID WASTE PLANNING REGULATIONS › Section 7:26-6.8 - Procedure for applying for a rate for planning related to dry industrial waste, ID type 27, which is residue from a scrap metal shredding facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The solid waste district in which one or more scrap metal shredding facilities is located may, in accordance with the procedure set forth in 48:13A-1 et seq., apply to the Department for the establishment of a rate to recover the reasonable costs of monitoring the generation and disposal of the residue from the operations of such facilities, consistent with the district's interest in planning for the disposal of waste generated within the district. This reasonable rate shall reflect such costs, which include, without limitation, the cost of performing the following activities:
1. Recordkeeping concerning the amount and type of materials received by scrap metal shredding facilities, the amount of residue generated by these facilities, and the amount of ferrous and non-ferrous metal remaining after the shredding process; and
2. Developing a 10 year planning forecast for the future disposal of the residue.