reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Applicant" means any business concern which has filed a disclosure statement with the Department and the Attorney General and is seeking an initial license, provided that the business concern has furnished the Department and the Attorney General with any information required pursuant to P.L. 1991, c.269.
"Application" means the forms and accompanying documents filed in connection with an applicant's or permittee's request for a license.
"Broker" means any person, not registered with the Department, who for compensation (e.g., a commission or fee) arranges for the transportation or disposal of solid waste or hazardous waste, other than waste generated by that person.
"Business concern" means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization.
"Department" means the New Jersey Department of Environmental Protection.
"Disclosure statement" means a statement containing information about an applicant or licensee as set forth in 7:26-16.4.
"Exempt transporter" shall mean a transporter which is exempt from the requirement to file a disclosure statement, pursuant to 7:26-16.3(d).
"Key employee" means any individual employed by the applicant, the permittee or the licensee in a supervisory capacity or empowered to make discretionary decisions with respect to the solid waste or hazardous waste operations of the business concern, but shall not include employees exclusively engaged in the physical or mechanical collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste.
"License" means the initial approval and first renewal by the Department of any registration statement or engineering design pursuant to 13:1E-1 et seq. and/or 13:1E-49 et seq. for the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State, except that "license" shall not include any registration statement or engineering design approved for any of the persons listed in 7:26-16.3(d). "License" includes any authorization equivalent to an approved registration, including any temporary operating authorization, hazardous waste transporter license, or hazardous waste facility permit. "License" shall include any registration statement approved for any person who transports any other hazardous waste in addition to hazardous wastes which are or contain precious metals.
"Licensee" shall be defined as set forth in N.J.S.A. 13:1E-127i.
"Permittee" shall be defined as set forth in N.J.S.A. 13:1E-127i.
"Person" means any individual or business concern.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.3 - Licensure; filing of disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall engage or continue to engage in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State without a license, or without complying with all the provisions of 13:1E-126 et seq., and with the provisions of this subchapter and of N.J.A.C. 7:26-16A. Every applicant and permittee shall file a disclosure statement with the Attorney General at the time the application is filed, unless exempted under (d) below. Applicants for siting under the Major Hazardous Waste Facilities Siting Act, 13:1E-49 et seq., shall file a disclosure statement at the time specified in N.J.A.C. 7:26-13A.6.
(b) Disclosure statements shall be filed by submitting an original and one conformed copy of all papers, including Personal History Disclosure Forms, to the Attorney General at the following address:
New Jersey Department of Law and Public Safety
Hughes Justice Complex
New Jersey Division of Law
Environmental Enforcement Section
A-901 Unit
P.O. Box 093
25 Market Street
Trenton, New Jersey 08625-0093
Payment of fees is to be made by check, payable to "Treasurer--State of New Jersey," and sent to the following address:
New Jersey Department of Treasury
Bureau of Revenue
P.O. Box 417
160 South Broad Street
Trenton, New Jersey 08625-0417
1. Additional conformed copies of disclosure statement, or any portions thereof, shall be supplied upon the request of the Attorney General.
2. Within 30 days of receipt of a disclosure statement from an applicant, the Attorney General shall advise the applicant, if the disclosure statement is incomplete on its face, and shall specify what additional information is required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.5 - Investigative report by Attorney General

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall not issue any license to an applicant, permittee or licensee until it has received and reviewed an investigative report from the Attorney General.
(b) In conducting a review of the application, the Department shall include a review of the disclosure statement and investigative report.
(c) In its discretion, the Department may issue a temporary license for not more than six months at a time to an applicant or permittee if such issuance is necessary to prevent or ameliorate a hazard to the public health, safety or the environment; to prevent economic hardship to a public body; or the issuance of a temporary license otherwise serves some interest of the general public. The issuance of a temporary license in all cases is conditional upon the applicant or permittee signing an agreement that it will cease its solid waste or hazardous waste operations upon the expiration date of the temporary license if not renewed by the Department and a license has not been approved by the Department, or upon order of the Department.
(d) In its discretion, the Department, may renew a temporary license for incremental periods of six months at a time prior to its receipt and review of an investigative report from the Attorney General if such renewal is necessary to prevent or ameliorate a hazard to the public health, safety or to the environment; to prevent economic hardship to a public body; or if the renewal of a temporary license otherwise serves some interest of the general public. The renewal of a temporary license in all cases is conditional upon the applicant or permittee signing an agreement that it will cease its solid waste or hazardous waste operations upon the expiration date of the temporary license if not renewed by the Department and a license has not been approved by the Department, or upon order of the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.6 - Change of information on disclosure statement; sales or transfers of ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where an applicant or permittee has an application pending before the Department and any of the information required to be included in a disclosure statement changes, or any additional information should be added after the filing of the statement, the applicant or permittee shall provide that information to the Department and the Attorney General in writing within 30 days of the change or addition.
(b) Licensees shall report to the Department and the Attorney General within 30 days any changes or additions in the following information required to be included in the disclosure statement:
1. The name of the licensee;
2. The names or identities of any officers, directors, partners or key employees of the licensee;
3. Unless previously disclosed under (i) below, the names or identities of any holders of equity in or debt liability of the licensee, if they would have been required on the original disclosure statement; except that holders of less than five per cent of the debt liability of the licensee need only be reported on the annual update described in (c) below;
4. The name and business address of any company which collects, transports, treats, stores, transfers or disposes of solid waste or hazardous waste in which the licensee acquires an equity interest;
5. A listing and explanation of any notices of violation, administrative orders or license or permit revocations issued by any State or Federal authority, except that notices issued by the Department and notices demanding a penalty of less than $ 5,000 and not involving an intent to revoke a license or permit need only be reported annually;
6. Any criminal charge or conviction and any conviction for a disorderly persons offense filed or entered against the licensee or against any key employee, officer, director, equity holder required to be disclosed, or partner thereof, other than for a motor vehicle offense;
7. Any collective bargaining agreement entered into with a labor union not previously listed on a disclosure statement, and any new membership in a trade or business association.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.7 - Additional information; duty to cooperate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applicants, permittees and licensees shall have the continuing duty to provide any assistance or information requested by the Department or the Attorney General, and to cooperate in an inquiry or investigation conducted by the Attorney General or the State Commission of Investigation and any inquiry, investigation, or hearing conducted by the Department. If, upon issuance of a formal request to answer any inquiry or produce information, evidence or testimony, any applicant, permittee or licensee refuses to comply, the application of the business concern for a license may be denied, or the license of that business concern may be revoked by the Department.
(b) Upon request, the applicant shall supply physical evidence, including but not limited to photographs or handwriting exemplars of any individual listed on the disclosure statement or any amendment thereof.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.8 - Disqualification criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license shall be approved by the Department unless the Department finds that the applicant or permittee, in any prior performance record in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, has exhibited sufficient integrity, reliability, expertise, and competency to engage in the collection or transportation of solid waste or hazardous waste, or to operate the solid waste facility or hazardous waste facility, given the potential economic consequences for affected counties, municipalities and ratepayers or significant adverse impacts upon human health and the environment which could result from the irresponsible participation therein or operation thereof, or if no prior record exists, that the applicant or permittee is likely to exhibit that integrity, reliability, expertise and competence.
(b) No license shall be approved by the Department if any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, the permittee or the licensee, has been convicted of any of the following crimes under the laws of New Jersey or the equivalent thereof under the laws of any other jurisdiction:
1. Murder;
2. Kidnapping;
3. Gambling;
4. Robbery;
5. Bribery;
6. Extortion;
7. Criminal usury;
8. Arson;
9. Burglary;
10. Theft and related crimes;
11. Forgery and fraudulent practices;
12. Fraud in the offering, sale or purchase of securities;
13. Alteration of motor vehicle identification numbers;
14. Unlawful manufacture, purchase, use or transfer of firearms;
15. Unlawful possession or use of destructive devices or explosives;
16. Violation of 2C:35-5, except possession of 84 grams or less of marijuana, or violation of 2C:35-10;
17. Racketeering, 2C:41-1 et seq.;
18. Violation of criminal provisions of the "New Jersey Antitrust Act," 56:9-1 et seq.
19. Any purposeful, knowing, willful or reckless violation of the criminal provision of any Federal or state environmental protection laws, rules, or regulations, including, but not limited to, solid waste or hazardous waste management laws or regulations;
20. Violation of 2C:17-2;
21. Perjury, false swearing or any other offense set forth in Chapter 28 of the New Jersey Code of Criminal Justice, 2C:28-1 et seq.
22. Violation of the criminal provisions of the Solid Waste Utility Control Act, 48:13A-1 et seq. or 48:13A-6.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.9 - Cause for license revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other cause set forth in this chapter, any license may be revoked by the Department for any of the following causes:
1. Any cause which would require disqualification, pursuant to N.J.S.A. 7:26-16.8, from receiving a license upon original application;
2. Fraud, deceit, or misrepresentation in securing the license, or in the conduct of the licensed activity;
3. Offering, conferring or agreeing to confer any benefit to induce any other person to violate the provisions of 13:1E-1 et seq., 13:1E-126 et seq., or of any other law relating to the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, or of any rule adopted pursuant thereto;
4. Coercion of a customer by violence or economic reprisal or the threat thereof to utilize the services of any permittee or licensee; or
5. Preventing, without authorization of the Department, any permittee or licensee from disposing of solid waste or hazardous waste at a licensed, authorized or approved treatment, storage, transfer or disposal facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.10 - Administrative hearing; requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or permittee who is denied an initial license pursuant to this subchapter shall, upon written request transmitted to the Department within 30 days of that denial, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the "Administrative Procedure Act,"52:14B-1 et seq.
(b) Any licensee who receives a notice of intent to revoke a license or notice of refusal to renew a license shall have 20 days from receipt of the notice to transmit to the Department a request for a hearing.
(c) Requests for hearings shall be sent to the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, PO Box 420, Mail Code 401-07A, Trenton, NJ 08625-0420.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.11 - Severance of disqualifying individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the disqualification of any applicant, permittee or licensee pursuant to 7:26-16.8 or 16.9, the Department may issue or renew a license if the applicant, permittee or licensee severs the interest of or affiliation with the person who would otherwise cause that disqualification.
(b) Where the disqualifying individual is the owner of an equity interest or interest in the debt liability of the licensee, permittee or applicant, the individual must completely divest himself or herself of that interest. Where immediate sale of the interest would work an economic hardship on the individual, the licensee, permittee or applicant, the Department may, in its discretion, allow for divestiture over a period of time not to exceed one year.
(c) Arrangements such as blind trusts will be acceptable only as part of a divestiture arrangement under which the trustee is obliged to sell the disqualifying individual's interest within a period not to exceed two years.
(d) Before the Department will issue or renew a license to an applicant, permittee or licensee which has severed a disqualifying individual, the applicant, permittee or licensee must submit to the Department an affidavit, sworn to by the chief executive officer, attesting to the severance of the disqualifying individual and describing the terms, circumstances and conditions of that severance. Any instruments pertaining to that severance (such as a trust agreement) shall be submitted with the affidavit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.12 - License revocation; ineligibility for reapplication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will not issue a license to any person who has had an application denied, or a license revoked, for any of the reasons set forth in 7:26-16.8 or 16.9, for a period of 5 years following such denial or revocation.
(b) A person that is a business concern shall be considered as the same person if the management structure of the business concern includes the person or persons that were the cause of the original disqualification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.13 - Annual solid waste license approval renewal; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every business concern of any type subject to the disclosure requirements of P.L. 1983, c.392 (13:1E-126 et seq.) shall submit, upon initial filing and annually thereafter, a fee to the Attorney General to cover the expenses incurred by any State agency in the performance of enforcing P.L. 1983, c.392 (13:1E-126 et seq.), reviewing disclosure statements, post-licensing compliance monitoring, including special investigations, conducting investigations to verify claims of exemption from A-901, conducting pre-licensing investigations, securing confidential documents, maintenance, and other functions in the administration and performance of duties by the Department pursuant to P.L. 1983, c.391 (13:1E-126 et seq.). For purposes of this subsection, "State agency" means any State department, division, agency commission or authority. The A-901 annual fee shall be $ 600.00 per each individual required to be listed in the disclosure statement (other than a non-supervisory employee required to be listed pursuant to 7:26-16.4(a)9  ) or who is otherwise shown to have a beneficial interest in the business of the applicant, permittee or licensee, in addition to a per-company fee to be calculated as follows:
1. Business concerns with one individual required to be listed pursuant to 7:26-16.3 and 16.4 shall pay an annual per-company fee of $ 635.00;
2. Business concerns with two or three individuals required to be listed pursuant to 7:26-16.3 and 16.4 shall pay an annual per-company fee of $ 1,775;
3. Business concerns with four to seven individuals required to be listed pursuant to 7:26-16.3 and 16.4 shall pay an annual per-company fee of $ 5,150; and
4. Business concerns with more than seven individuals required to be listed pursuant to 7:26-16.3 and 16.4 shall pay an annual per-company fee of $ 15,650.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.14 - Confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the following terms shall mean:
1. "Authorized personnel" means any employee of the Department or the Attorney General authorized to act in the enforcement of P.L. 1983, c.392, 13:1E-126 et seq.
2. "Confidential information" means:
i. Any information required to be furnished to the Department or the Attorney General by an applicant, permittee, licensee or an individual required to be listed on a disclosure statement, which pertains to private financial matters of the applicant, permittee, licensee or individual which are not otherwise subject to public disclosure by any statute or regulation;
ii. Any information which pertains to the criminal record, family or personal background of an applicant, a permittee, a licensee or an individual required to be listed on a disclosure statement which is not otherwise subject to public disclosure by any statute or regulation;
iii. Any information obtained by the Department or the Attorney General pursuant to an interrogatory issued pursuant to 13:1E-129 or a subpoena issued pursuant to 13:1E-130; and
iv. Any other information which is confidential pursuant to applicable statutory provision, judicial decision or rule of court.
3. "Secure storage facility" means any area, room, furniture, equipment, machinery or other device used for the storage of confidential information, access to which is limited to authorized personnel at all times by locks, alarms, codes or other appropriate security precautions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.15 through 7:26-16.19 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.20 - Policies on disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To guide in the exercise of its discretion under 7:26-16.8 and 16.9, the Department from time to time shall promulgate policies and publish them as regulations in this subchapter.
(b) Where no published policy applies, the Department shall evaluate applicants, permittees and licensees in light of the policies expressed in 13:1E-126.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.21 - Convicted persons generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No applicant, permittee or licensee shall knowingly hire as an officer, director or key employee, nor knowingly allow to acquire an equity interest or debt liability interest, any person who has been convicted of any of the crimes enumerated in 7:26-16.8(b), without first obtaining the approval of the Department. This provision does not apply to persons who were employed or held their interests before June 11, 1984.
(b) In connection with any such request, the applicant, permittee or licensee shall file with the Department and the Attorney General an amended disclosure statement, containing the necessary information about the person, including any evidence the applicant, permittee or licensee wishes to bring forth demonstrating the person's rehabilitation.
(c) The Department shall request a recommendation from the Attorney General as to whether the person has affirmatively demonstrated rehabilitation, and shall consider the factors set forth at 7:26-16.8(c)  in determining whether to grant permission to the applicant, permittee or licensee to employ the individual or allow him to acquire an interest in the applicant, permittee or licensee.
(d) Any applicant, permittee or licensee that violates (a) above may be subject to having its permit or license revoked or having its license application denied, notwithstanding the rehabilitation of the individual in question.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.22 - Persons convicted of environmental crimes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of persons convicted of violating the criminal provisions of any federal or state environmental protection laws, rules or regulations, including 2C:17-2, 13:1E-9(e) or (f) and 58:10A-10(f), or persons convicted of any crime which involved the violation of such laws, rules or regulations, the Department will not consider such person rehabilitated unless he has made all reasonable efforts to clean up or mitigate any environmental damage caused by the activities for which he was convicted, and to make restitution to any victims injured thereby; and
(b) In the absence of clear and convincing evidence to the contrary, the Department will hold that such a conviction warrants a finding of "unreliability" under 7:26-16.8(a)  if the date the conviction became final (including the exhaustion of any appeals) is less than ten years preceding the filing of the application or notice of intent to revoke a license.
(c) Notwithstanding (a) and (b) above, the Department may still deny or revoke a license because of a conviction more than ten years old if the person in question fails to demonstrate rehabilitation by clear and convincing evidence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.23 - "Independent contractors," or "consultants"

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants, permittees and licensees may not avoid the effects of 7:26-16.8 and 16.9 by designating an employee as an "independent contractor" or "consultant". The Department will look beyond the form of such contracts, and if it finds that a person designated as an "independent contractor", "consultant" or similar term is performing functions commonly performed in the industry by employees, or is exercising any discretion over the solid waste or hazardous waste operations of an applicant, permittee or licensee, the Department will regard that person as an employee.
(b) The Department may deny or revoke a license if it finds that an applicant, permittee or licensee has entered into an "independent contractor" arrangement, "consultant" agreement or similar arrangement for the purpose of avoiding disqualification under 7:26-16.8 or 16.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16A - SPECIAL RULES FOR SUBMISSION OF DISCLOSURE STATEMENTS BY EXISTING LICENSEES AND APPLICANTS WHOSE APPLICATIONS WERE PENDING BEFORE THE DEPARTMENT PRIOR TO JULY 2, 1984 › Section 7:26-16A.1 - Scope and applicability; conflicts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is intended to provide for orderly and timely filing of disclosure statements by existing permittees or licensees.
(b) Except where the context would require otherwise, the provisions of N.J.A.C. 7:26-16 are applicable to this subchapter.
(c) In case of any conflict between a provision of this subchapter and any other provision of this chapter, the provision of this subchapter shall govern.
(d) The Commissioner or Director may relax the application of any part of this subchapter if necessary to prevent unreasonable delay in the processing of any application that was pending before the Department prior to July 2, 1984.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16A - SPECIAL RULES FOR SUBMISSION OF DISCLOSURE STATEMENTS BY EXISTING LICENSEES AND APPLICANTS WHOSE APPLICATIONS WERE PENDING BEFORE THE DEPARTMENT PRIOR TO JULY 2, 1984 › Section 7:26-16A.2 - Schedule for submitting disclosure statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons who had received a license from the Department prior to July 2, 1984 shall submit a disclosure statement to the Department and the Attorney General on or before May 1, 1987. Disclosure statements shall be submitted according to the procedures and requirements set forth in 7:26-16.3 and 16.4.
(b) A person shall be deemed to have "received a license" if he had received from the Department final approval to operate a solid or hazardous waste collector-hauler business or treatment, storage or disposal facility, or was actually operating pursuant to any authorization equivalent to an approved registration, such as a temporary operating authorization, judicial order or administrative consent order, or the authorization conferred by "existing facility" status pursuant to N.J.A.C. 7:26-12.3.
(c) The Department may require any applicant, permittee or licensee to submit a disclosure statement prior to May 1, 1987 on demand upon 90 days notice in writing.
(d) Any permittee or licensee may voluntarily submit a disclosure statement earlier than demanded.
(e) The applicant, permittee or licensee shall have 90 days from the time of receipt of the demand to file a disclosure statement with the Department and the Attorney General. Refusal to file the disclosure statement shall be deemed a refusal to comply under N.J.S.A. 13:1E-128b and 7:26-16.7.
(f) Any licensee who has not received a written demand to file a disclosure statement by February 1, 1987 shall file a disclosure statement on or before May 1, 1987.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16A - SPECIAL RULES FOR SUBMISSION OF DISCLOSURE STATEMENTS BY EXISTING LICENSEES AND APPLICANTS WHOSE APPLICATIONS WERE PENDING BEFORE THE DEPARTMENT PRIOR TO JULY 2, 1984 › Section 7:26-16A.3 - Applications pending on July 2, 1984

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons with applications pending before the Department on the effective date of these rules (July 2, 1984) shall submit a disclosure statement to the Department and the Attorney General no later than September 30, 1984.
(b) It is the Department's intention that applicants whose applications were pending before the department prior to the proposal date of subchapter 16 (May 7, 1984) shall have the licensing process delayed as little as possible by reason of the new licensing requirements imposed by L. 1983, c.392. When it finds that it is in the public interest to do so, or to prevent unreasonable economic hardship, the Department may conditionally issue a license to an applicant whose application was pending on May 7, 1984 before it has received a full investigative report from the Attorney General, provided that:
1. The disclosure statement has been filed, and a preliminary review by the Department indicates no reason for disqualification;
2. The Attorney General has conducted a check of applicable criminal history information and reported to the Department that such check indicates no reason for disqualification; and
3. The applicant has signed a statement indicating its understanding that its license may be revoked if the full investigative report or subsequent investigation indicate reasons for disqualification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the procedures for making information received by the Department in administering the solid waste program under N.J.A.C. 7:26 available to the public and maintaining confidentiality of certain parts of that information.
(b) All information collected by or originated by the Department in connection with solid waste regulatory activities under
N.J.A.C. 7:26
shall be generally available to the public except as provided otherwise in this subchapter. Any owner or operator of a solid waste facility or any solid waste collector or transporter required to submit any information pursuant to the Act or this chapter, which in the owner's or operator's opinion, constitutes trade secrets or proprietary information may assert a confidentiality claim by following the procedures set forth in this subchapter and by paying the fee set forth in
7:26-4.10
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.3 - Procedure for making a confidentiality claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person required to submit information to the Department under this chapter, or allow the Department to obtain such information, which such person believes in good faith to constitute confidential information, may assert a confidentiality claim by following the procedures set forth in this subchapter.
(b) A claimant shall submit to the Department (at the address provided in 7:26-17.5 ) a confidential copy and, upon the Department's request, a preliminary public copy of any record containing assertedly confidential information. The preliminary public copy shall carry a notation stating that confidential information has been deleted. The Department may disclose the preliminary public copy to any person, without restriction or limitation.
(c) The claimant shall label the first page of the confidential copy "CONFIDENTIAL COPY." At the top of each page of the confidential copy, which page contains information that the claimant asserts is confidential information, the claimant shall place a boldface heading reading "CONFIDENTIAL." The claimant shall clearly underscore or highlight all information in the confidential copy which the claimant asserts to be confidential, in a manner which shall be clearly visible on photocopies of the confidential copy.
(d) The claimant shall seal the confidential copy in an envelope displaying the word "CONFIDENTIAL" in bold type or stamp on both sides. This envelope shall be enclosed in another envelope for transmittal to the Department. The outer envelope shall bear no markings indicating the confidential nature of the contents.
(e) The claimant shall send the package containing the confidential copy to the Department by certified mail, return receipt requested, or by other means providing a receipt for delivery.
(f) The claimant shall include in the package a written designation of a person to receive notices pursuant to 7:26-17.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.4 - Designation by claimant of an addressee for notices and inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
A claimant shall designate a person as the proper addressee of communications from the Department under this subchapter. To designate such a person, the claimant shall submit the following information to the Department in writing: the name and address of the claimant; the name, address, and telephone number of the designated person; and a request that all Department inquiries and communications (oral and written), including, without limitation, the inquiries and notices listed in 7:26-17.5(a), be directed to the designee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.5 - Correspondence, inquiries, and notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall direct all correspondence, inquiries and notices to the person designated by the claimant pursuant to 7:26-17.4, including, without limitation, the following:
1. Notices requesting substantiation of claims, under 7:26-17.7(a)1 ii;
2. Notices of denial of confidentiality claims and proposed disclosure of information, under 7:26-17.10(a)1;
3. Notices concerning shortened comment and/or waiting periods under 7:26-17.17(a);
4. Notices of disclosure under 7:26-17.18; and
5. Notices of proposed use of confidential information in administrative proceedings, under 7:26-17.21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.6 - Time for making confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make a confidentiality determination:
1. If the Department receives a request, by a person to whom the Department is restricted from disclosing confidential information pursuant to 7:26-17.22 through 17.26 to inspect or copy records containing asserted confidential information which is the subject of a confidentiality claim; or
2. Before taking any action which is inconsistent with the requirements for treatment of confidential information set forth in 7:26-17.22 through 17.26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.7 - Notice of initial confidentiality determination and of requirement to submit substantiation of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department initially determines that any of the assertedly confidential information may be confidential information, the Department shall:
1. Notify each claimant who is known to have asserted a claim applicable to such information, and who has not previously been furnished with notice with regard to the information in question, of the following:
i. That the Department is in the process of making a confidentiality determination with respect to the claimant's claim;
ii. That the claimant is required to substantiate the claim as required by 7:26-17.8.
iii. All address of the office to which the claimant's substantiation must be addressed;
iv. The time allowed for submission of substantiation, pursuant to 7:26-17.9;
v. The method for requesting a time extension under 7:26-17.9(b); and
vi. That a claimant's failure to furnish substantiation within the time allocated in 7:26-17.9 shall operate as a waiver of the claimant's claim; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.8 - Substantiation of confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department has determined that any assertedly confidential information may be confidential and notified the claimant pursuant to 7:26-17.7(a) and (b), the claimant shall substantiate the confidentiality claim by submitting information to the Department in the following areas within the time allotted in 7:26-17.9:
1. Measures taken by the claimant to prevent disclosure of the information to others;
2. The extent to which the information has been disclosed to others, and the precautions taken to prevent further disclosure;
3. If the Department, USEPA or any other agency has previously made a confidentiality determination relevant to the pending confidentiality claim, copies of all such confidentiality determinations;
4. A description of any substantial harmful effects which disclosure would have upon the claimant's competitive position, an explanation of why such harmful effects are substantial, and an explanation of the causal relationship between disclosure and such harmful effects;
5. The period of time for which the claimant desires that the Department treat the assertedly confidential information as confidential information; and
6. Any other substantiation which is relevant in establishing that the assertedly confidential information is confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.9 - Time for submission of substantiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The claimant shall submit substantiation within 30 days after the date of the claimant's receipt of the written notice provided under 7:26-17.7(a)1.
(b) The Department may, in its discretion, extend the time allotted for submission of substantiation pursuant to (a) above if, before the expiration of the allotted time, the claimant submits a written request for the extension of such allotted time; provided, however, that except in extraordinary circumstances, the Department shall not approve such an extension of time in connection with a request to inspect or copy assertedly confidential information pursuant to N.J.S.A 47:1A-1 et seq. without the consent of any person whose request to inspect or copy the allegedly confidential information under N.J.S.A. 47:1A-1 et seq. is pending.
(c) If a claimant fails to submit substantiation within the time allotted pursuant to this section, the claimant shall be deemed to have waived all confidentiality claims with respect to the information for which the substantiation was required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.10 - Final confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after review of all the information submitted pursuant to 7:26-17.7 and 17.8, the Department determines that the assertedly confidential information is not confidential information, the Department shall take the following actions:
1. The Department shall so notify the claimant by certified mail, return receipt requested. The notice shall state the basis for the determination, that it constitutes final agency action concerning the confidentiality claim, and that the Department shall make the information available to the public on the 14th day following receipt by the claimant of the written notice. The notice shall include a copy of the final public copy to be made available to the public; and
2. On or after the 14th day following receipt by the claimant of the written notice required by (a)1 above, the Department shall send written notice of the determination to any requester with a pending request to inspect or copy the information which was the subject of the confidentiality claim. The Department shall send the notice by certified mail, return receipt requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.11 - Treatment of information pending confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall treat assertedly confidential information as confidential information, until the Department has made a final determination that the assertedly confidential information is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.12 - Availability of information to the public after determination that information is not confidential

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department determines that assertedly confidential information is not confidential information pursuant to 7:26-17.10(a), the Department may disclose such information to any person on the date which is 14 days after the claimant's receipt of the written notice of the confidentiality determination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.13 - Preparation of final public copy

Current through Register Vol. 56, No. 14, July 15, 2024
After the Department makes a final confidentiality determination that a record contains confidential information, the Department shall prepare a final public copy of the record based upon the final confidentiality determination. The Department may disclose the final public copy to any person, without restriction or limitation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.14 - Class confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may make a class confidentiality determination if the Department finds that the items of information within the class share one or more characteristics, which would cause the Department to determine consistently that such information is or is not confidential information.
(b) A class confidentiality determination shall clearly identify the class of information to which it applies. Such identification shall include a list of the common characteristics shared by all information within the class.
(c) A class confidentiality determination shall state that all of the information in the class is or is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 17 - CONFIDENTIALITY DETERMINATIONS › Section 7:26-17.15 - Disclosure of confidential information to other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to any other State agency or to a Federal agency if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the requesting agency;
2. The Department notifies the other agency of any pending confidentiality claim concerning the requested information, or of any confidentiality determination regarding the requested information;
3. The other agency has furnished to the Department a written opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department (or allowed the Department to obtain such information) to disclose such information to the requesting agency;
4. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure, and agrees in writing to refrain from disclosure and to safeguard the information in accordance with the requirements of 7:26-17.22 and 23, unless:
i. The requesting agency has statutory authority both to compel production of the information and to disclose it; or
ii. The claimant has consented to disclosure of the information by the requesting agency; and
5. The requesting agency agrees not to disclose the information further unless:
i. The requesting agency has statutory authority both to compel production of the information and to make the proposed disclosure; or
ii. The claimant has consented to disclosure of the information by the requesting agency.