reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.6 - 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 if 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 $ 3,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.7 - 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 nor 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 $ 6,000 or less than $ 3,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.8 - 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 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.9 - 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) that 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 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.10 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in the penalty tables at 7:26A-9.4(g)  by an "M" in the Type of Violation column and each violation that is determined to be minor under 7:26A-9.5(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 7:26A-9.4(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 26A - RECYCLING RULES › Subchapter 10 - STANDARDS FOR GENERATORS OF SOURCE SEPARATED RECYCLABLE MATERIALS › Section 7:26A-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to generators of materials designated for source separation and recycling in the applicable county recycling plan or municipal source separation ordinance. Generators include all persons occupying residential, commercial, or institutional premises.
(b) Generators of designated recyclable materials, who also generate used oil or universal waste are also subject to the rules at N.J.A.C. 7:26A-6 and 7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 10 - STANDARDS FOR GENERATORS OF SOURCE SEPARATED RECYCLABLE MATERIALS › Section 7:26A-10.2 - Separation and set-out

Current through Register Vol. 56, No. 14, July 15, 2024
Generators of solid waste and recyclable materials shall keep all materials designated for source separation in the municipal recycling ordinance stored separately from solid waste, and shall place these specified recyclable materials for collection in the manner provided by the ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 10 - STANDARDS FOR GENERATORS OF SOURCE SEPARATED RECYCLABLE MATERIALS › Section 7:26A-10.3 - Recordkeeping and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
Commercial and institutional generators including multifamily housing owners or their agents shall report the tonnage of designated recyclable materials collected for recycling from their premises, as directed in the municipal recycling ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 10 - STANDARDS FOR GENERATORS OF SOURCE SEPARATED RECYCLABLE MATERIALS › Section 7:26A-10.4 - Source separation exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons occupying commercial and institutional premises may apply to the governing body of the municipality for exemption from the municipal source separation requirements of the applicable municipal recycling ordinance.
1. Such persons must obtain the services of a materials recovery facility to separate from the waste generated at the premises, all recyclable materials designated in the district recycling plan found in solid waste generated at the generator's premises. Provision of these services shall be documented in writing, through contract or correspondence with the materials recovery facility providing the service and the documentation shall be submitted by August 1, 2009 to the municipal recycling coordinator or other municipal official as may be identified in the municipal recycling ordinance.
2. The generator shall annually provide written documentation to the municipality of the total number of tons recycled. Alternately, the generator may arrange, in writing, for the provision of this documentation directly from the materials recovery facility to the municipality, if so directed by the applicable municipal ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 11 - STANDARDS FOR MUNICIPALITIES › Section 7:26A-11.1 - Appointments and ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each municipality in this State shall designate one or more persons as the municipal recycling coordinator, and shall set forth in writing the duties of the municipal recycling coordinator.
1. The coordinator(s) shall maintain and report recycling tonnage, as required by N.J.S.A. 13:1E-99.1 6e. The report shall contain the same information as is required for an application for a Recycling Tonnage Grant, codified at 7:26-15.5.
2. The municipality shall provide for the coordinator's communication by electronic mail with the Department and with the designated county recycling coordinator.
3. The municipality shall, by January 28, 2010, appoint a municipal recycling coordinator who has achieved professional certification in compliance with the requirements of N.J.S.A. 13:1E-99 et seq., the provisions of the county recycling plan, and the municipal recycling ordinance passed pursuant to N.J.S.A. 13:1E-99.1 1 et seq.
i. The municipality shall provide both classroom and on-the-job instruction to augment the coordinator's skills. Such training may address:
(1) The use of computers and software to maintain tonnage records;
(2) Techniques of communication to the public;
(3) Enforcement practices;
(4) Identification of recyclable and waste materials, including hazardous waste, refrigerants, and other environmentally dangerous materials; and/or
(5) Foreign languages.
ii. The municipality shall maintain detailed records of this training, specifying names of personnel trained, the dates when training occurred and the type and extent of training provided. The training documentation shall be maintained at the facility for three years from the date the training occurred.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 11 - STANDARDS FOR MUNICIPALITIES › Section 7:26A-11.2 - Recordkeeping and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body of each municipality shall, between January 1 and April 30 of each year, submit a recycling tonnage report on forms provided by the Department, or by electronic means, as approved by the Department to:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
Bureau of Recycling and Hazardous Waste Management
401 East State Street, 2nd Floor, West Wing
PO Box 420, Mail Code 401-02C
Trenton, New Jersey 08625-0420
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 11 - STANDARDS FOR MUNICIPALITIES › Section 7:26A-11.3 - Notification to all generators of the source separation requirements of the municipal ordinance

Current through Register Vol. 56, No. 14, July 15, 2024
The governing body of each municipality shall, at least once every six months, notify all persons occupying residential, commercial, and institutional premises within its municipal boundaries of local recycling opportunities, and the source separation requirements of the ordinance. The governing body of a municipality may place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 11 - STANDARDS FOR MUNICIPALITIES › Section 7:26A-11.4 - Collection of source separated recyclables

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each municipality shall provide for a collection system for the materials designated in the municipal ordinance. Each municipality shall provide for this collection in those instances where collection is not otherwise provided for by the generator, the county, inter-local service agreement or joint service program, or other private or public recycling program operator.
(b) A municipality may require that every solid waste transporter holding a certificate of public convenience and necessity and serving clients within the municipality bid on a contract for the collection or disposition of recyclable materials, if required to do so by the district recycling plan of the county in which the transporter engages in solid waste collection.
(c) The governing body of each municipality shall, at least once every 36 months, review and revise the master plan and development regulations it has adopted pursuant to P.L. 1975, c. 291 (40:55D-1 et seq.). The revisions shall reflect changes in Federal, State, county and municipal laws, policies and objectives concerning the collection, disposition and recycling of designated recyclable materials. The revised master plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance, within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the use of 1,000 square feet or more of land.
(d) The governing body of a municipality may limit the collection of designated recyclable materials to specified operating hours in order to preserve peace and quiet in neighborhoods during the hours when most residents are asleep.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 11 - STANDARDS FOR MUNICIPALITIES › Section 7:26A-11.5 - Source separation exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body of a municipality may exempt persons occupying commercial and institutional premises within its municipal boundaries from the source separation requirements of its recycling ordinance.
1. The municipal coordinator shall develop and make available a form or model letter for persons who wish to apply for this exemption by June 2, 2009.
2. The municipal coordinator shall review the applicant's documentation of alternate provision for the recycling of those materials designated in the district recycling plan that may be found in the solid waste generated at that location.
3. The municipal coordinator shall review the written reports submitted by the providers of this alternate service, and, where required, the generators' annual written reports, of the total number of tons recycled.
4. The municipal coordinator shall ascertain that the recycling facilities receiving the exempted waste are permitted to perform that recycling.
5. If found to be sufficient to meet the requirements for issuance of an exemption, as detailed in an applicable municipal ordinance, the municipal recycling coordinator (or other municipal official as may be identified in the applicable municipal ordinance) shall issue the exemption approval in writing.
6. The municipal coordinator shall keep a record of all generators who have received the exemption, and the destination of the waste or identity of the waste transporters handling the waste, and shall report this list annually to the applicable county recycling coordinator.
7. The municipal coordinator (or other designated municipal official) shall revoke the exemption of a generator upon failure to meet the conditions of the exemption.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 12 - STANDARDS FOR COUNTIES › Section 7:26A-12.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
Each county's board of chosen freeholders, and the New Jersey Meadowlands Commission, shall designate a department, unit or committee of the county government, or district, in the case of the New Jersey Meadowlands Commission, to supervise the implementation of the district solid waste management plan, including the county recycling plan (except in the case of the New Jersey Meadowlands Commission). This subchapter sets forth the regulatory obligations of the designated implementation agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 12 - STANDARDS FOR COUNTIES › Section 7:26A-12.3 - Appointment of a county or a New Jersey Meadowlands District recycling coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each board of chosen freeholders and the New Jersey Meadowlands Commission shall designate a county recycling coordinator. County recycling coordinators shall, at a minimum:
1. Maintain contact information for all municipal recycling coordinators;
2. Maintain records regarding the issuance, by each municipal governing body, of the exemption from source separation issued pursuant to 7:26A-11.5;
3. Maintain copies of all municipal recycling ordinances and ensure that the ordinances are consistent with the county recycling plan; and
4. Meet with all municipal recycling coordinators at least annually to determine progress towards meeting the recycling goals of the county recycling plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter implements the Electronic Waste Management Act, N.J.S.A. 13:1E-99.9 4 et seq., to establish a recycling system for the safe and environmentally sound management of covered electronic devices and components, including televisions, and establishes requirements for manufacturers and retailers of these covered electronic devices. This subchapter applies to manufacturers, retailers and consumers of covered electronic devices, as well as to collectors, transporters and authorized recyclers whose services are engaged under the manufacturers' collection plans.
(b) A waiver from the strict compliance with any portion of these rules may be sought on or after the effective date of rules governing waivers promulgated by the Department pursuant to the Administrative Procedure Act, 52:14B-1 et seq. The Department will publish a notice of administrative change that amends this section to cross-reference those rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.4 - Collection plan and annual report submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer for whom the Department has identified a collection obligation shall submit a collection plan to the Department, either individually or as part of a group of manufacturers, by June 1 in the calendar year of the notification of the collection obligation.
(b) In addition to meeting the content requirements at N.J.A.C. 7:26A-13.6, a collection plan must provide for recycling resources and capacity sufficient to address the collection obligation of the submitting manufacturer or group of manufacturers as follows:
1. An individual manufacturer's collection plan must provide for the collection, transportation, and recycling of the individual manufacturer's collection obligation; and
2. A collection plan submitted by a group of manufacturers must provide for the collection, transportation, and recycling of the sum of the collection obligations of all participating manufacturers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.5 - Submission and certification of required documents and payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer shall submit the following completed forms and payment as set forth in (b) through (e) below:
1. The registration form, as required at 7:26A-13.3(e)1;
2. The Group Designation Form, as required at 7:26A-13.4(d);
3. The collection plan, as required at 7:26A-13.4(a);
4. The annual report, as required at 7:26A-13.4(c); and
5. The registration or registration renewal fee payment, as required at 7:26A-13.3(e)2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.6 - Required contents of a collection plan; confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A collection plan submitted in accordance with 7:26A-13.4 shall include the following:
1. The methods and services that will be used to collect used covered electronic devices, including, but not limited to:
i. The locations, including street addresses, of the collection sites to be utilized. The collection plan must provide for at least one collection site in every county in the State, unless the plan provides documentation that the county for which the plan does not provide collection coverage is already adequately covered by the collection plan of another manufacturer, group of manufacturers or other entity;
ii. Each collection site's hours of operation;
iii. A description of how each collection site will be staffed and secured;
iv. A listing of any limitations to be imposed on the quantity and type of material to be accepted, and whether any additional electronic equipment not required to be collected under the Electronic Waste Management Act will be accepted (for example, DVD players, VCRs, scanners, printers, or other computer and television peripherals and equipment);
v. A description of the collection methods to be utilized for consumers who are not physically able to travel to a collection site without assistance;
vi. A description of the collection methods to be employed for heavy (50 pounds in weight or heavier) or unwieldy covered electronic devices, including, but not limited to, flat screen televisions with screens greater than 40 inches measured diagonally and projection televisions;
vii. A description of how the collected covered electronic devices will be stored prior to transport to an authorized recycler;
viii. Certification that there will be no fee or cost charged a consumer for the collection, transportation or recycling of any covered electronic device other than a fee for a premium service provided for in an approved collection plan;
ix. An explanation of the extent to which, if any, there is coordination with county and municipal government recycling programs;
x. A description of the methods to be used to ensure that personal information contained on hard drives or similar data storage devices is secured from access by the general public and any untrained persons or employees; and
xi. Certification that each collector, transporter, or authorized recycler of covered electronic devices who is participating in a manufacturer's or group of manufacturers' approved collection plan is compliant with all applicable requirements of 7:26A-13.11;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.7 - Prohibitions on the sale and disposition of all covered electronic devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No manufacturer shall sell or offer for sale a covered electronic device in New Jersey, unless the manufacturer complies with all financial and other requirements of this subchapter, including all conditions and terms of an approved plan or a plan for which approval is pending pursuant to 7:26A-13.10(f), and N.J.S.A. 13:1E-99.9 4 et seq.
(b) No manufacturer or retailer of a covered electronic device shall sell or offer for sale a covered electronic device in New Jersey unless:
1. The covered electronic device is labeled with the manufacturer's brand; and
2. The label is permanently affixed to the device in such a way as to ensure that the brand is readily visible without removing or disassembling any portion of the device.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.8 - Educational requirements for retailers of covered electronic devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every retailer shall obtain from the Department information that describes where and how a consumer can recycle the covered electronic device sold by the retailer, and where and how a consumer can drop off the covered electronic device for collection or return, and shall provide that information to the public, using one or more of the following methods:
1. A toll-free telephone number and website;
2. A written document that is included in the packaging for the covered electronic device; or
3. A written document that is provided to the purchaser of the covered electronic device at point of sale.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.11 - Performance requirements for collectors, transporters, and authorized recyclers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A collector, transporter, or authorized recycler of covered electronic devices who is participating in a manufacturer's or group of manufacturers' approved collection plan shall comply with the United States Environmental Protection Agency's "Plug-In to eCycling Guidelines for Materials Management," incorporated herein by reference and available at
www.epa.gov/waste/partnerships/plugin/pdf/guide.pdf
.
(b) In addition to the requirements at (a) above, a collector of covered electronic devices participating in a manufacturer's or group of manufacturers' approved collection plan shall comply with the Department's requirements applicable to universal waste handlers at 7:26A-7.4 and 7.5.
(c) In addition to the requirements at (a) above, a transporter of covered electronic devices participating in a manufacturer's or group of manufacturers' approved collection plan shall comply with the Department's requirements applicable to universal waste transporters at 7:26A-7.6.
(d) In addition to the requirements at (a) above, an authorized recycler shall comply with "Responsible Recycling (R2) Practices for Use in Accredited Certification Programs for Electronics Recyclers," as supplemented or amended, and incorporated herein by reference, available at
www.epa.gov/waste/conserve/materials/ecycling/r2practices.htm
. An authorized recycler of covered electronic devices shall also comply with the requirements for Class D recycling facilities at N.J.A.C. 7:26A-3. An authorized recycler of covered electronic devices located in a state other than New Jersey shall also comply with the receiving state's rules and regulations, including any requirements for the maintenance of any permit or approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.12 - Requests for administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the limits on third-party hearings at N.J.S.A. 52:14B-3.1 through 3.3, a party who believes it is aggrieved with respect to the Department's decision to approve or disapprove the collection plan of a manufacturer or group of manufacturers may, within 20 calendar days after the date of the decision, request an administrative hearing by submitting the request, in writing, to:
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, NJ 08625-0420 and to:
Department of Environmental Protection
Division of Solid and Hazardous Waste
Bureau of Recycling and Hazardous Waste Management
401 E. State Street, 2nd Floor, West Wing Mail Code: 401-02C
PO Box 420
Trenton, NJ 08625-0420.
(b) A request for an administrative hearing shall contain:
1. The name, address, telephone number and e-mail address of the person making the request;
2. A statement of the legal authority and jurisdiction under which the request for a hearing is made;
3. A brief and clear statement of the Department decision being appealed, indicating the specific grounds for the appeal;
4. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue must also be included; and
5. All information supporting the request or other written documents relied upon to support the request, unless this information is already in the administrative record (in which case, such information shall be specifically referenced in the request).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules governing the implementation of the Industrial Site Recovery Act, P.L. 1993 c.139 (13:1K-6 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to allow the Department to implement fully its statutory functions pursuant to the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operations to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this chapter or the application thereof.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.5 - Forms and submissions

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise instructed by the Department, any person may obtain any form or application required by this chapter by downloading it from the Department's website at
www.nj.gov/dep/srp/srra/forms
or by contacting the Department at the address at 7:26C-1.6. Unless otherwise instructed by the Department, the person shall submit all forms, applications and documents required by this chapter to the address indicated on the form. If no address is indicated, then submit the form to the Department pursuant to 7:26C-1.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.6 - Certifications and signatories

Current through Register Vol. 56, No. 14, July 15, 2024
Any person submitting an application, form, workplan, report or other submission to the Department pursuant to ISRA and this chapter shall include a certification that is executed in accordance with the Administrative Requirements for the Remediation of Contaminated Sites rules at 7:26C-1.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.8 - ISRA authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator is authorized to transfer ownership or operations of an industrial establishment, or in the case of a cessation of operations authorize the cessation as it relates to ISRA compliance, without, or prior to the issuance of, a final remediation document in the following circumstances:
1. The owner's or operator's submission of a remediation certification pursuant to 7:26B-3.3(c);
2. The Department's approval of a regulated underground storage tank waiver application pursuant to 7:26B-5.3(e);
3. The Department's approval of a remediation in progress waiver application pursuant to 7:26B-5.4(d); and
4. The Department's approval of a de minimis quantity exemption pursuant to 7:26B-5.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.10 - Liability for ISRA compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (d) below and notwithstanding (e), (f) and (g) below, both the owner and operator are strictly liable without regard to fault, for compliance with ISRA and this chapter.
(b) An owner or operator shall not transfer ownership or operations of an industrial establishment until:
1. A licensed site remediation professional has issued a response action outcome for the industrial establishment pursuant to N.J.A.C. 7:26C-6;
2. A licensed site remediation professional has certified a remedial action workplan for the industrial establishment pursuant to N.J.A.C. 7:26B-1.7(b);
3. The owner or operator has executed prior to November 4, 2009 a remediation agreement or remediation agreement amendment, or, on or after November 4, 2009, has submitted a remediation certification pursuant to 7:26B-3.3(c); or
4. The Department has issued an authorization letter to the owner or operator pursuant to 7:26B-1.8(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.11 - Civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who knowingly gives or causes to be given any false information or who fails to comply with the provisions of the Act or this chapter shall be liable for a civil penalty of not more than $ 25,000 for the first offense, and not more than $ 50,000 for the second and subsequent offenses. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense.
(b) The Department may assess a civil administrative penalty, pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, at N.J.A.C. 7:26C-9, against any person who violates the requirements of this chapter.
(c) Any officer or management official of an industrial establishment who knowingly directs or authorizes the violation of any provision of ISRA or this chapter shall be personally liable for any penalties provided by ISRA or this chapter.
(d) In its discretion, the Department may compromise and settle any claim for a penalty pursuant to ISRA or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26B-1.12 - Confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
Any person required to submit any information pursuant to this chapter which in the person's opinion constitutes a trade secret, proprietary information, specific information regarding an ISRA-subject transaction other than the fact that the ISRA-subject transaction has occurred and the general nature of such transaction, or information related to national security, may assert a confidentiality claim by following the procedures set forth in N.J.A.C. 7:26C-15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 2 - APPLICABILITY › Section 7:26B-2.4 - Revisions to North American Industry Classification System Codes for purposes of definition of "industrial establishment"

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that the Executive Office of the President, Office of Management and Budget, publishes new or revised North American Industry Classification System (NAICS) codes modifying the 2002 list of NAICS codes on which the definition of "industrial establishment" at 7:26B-1.4 is based, the Department shall modify the NAICS codes in Appendix C, as necessary, to ensure that, as required by 13:1D-139, the generally equivalent universe of facilities subject to ISRA continues to be regulated under this chapter. Specifically, the Department shall provide limitations and/or exceptions to the NAICS codes set forth in Appendix C as required to maintain the currently regulated universe as of August 15, 2003. The Department shall publish in the New Jersey Register a notice of the new or revised NAICS code(s) and the corresponding administrative change(s) to Appendix C.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 3 - NOTIFICATION AND REMEDIATION REQUIREMENTS › Section 7:26B-3.3 - Remediation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator shall remediate the industrial establishment in accordance with this chapter and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, when any of the events listed in 7:26B-3.2(a)  occur.
(b) An owner or operator or other person who entered into a remediation agreement or a remediation agreement amendment with the Department prior to November 4, 2009, or an owner or operator who submitted a remediation certification to the Department on or after November 4, 2009, shall remediate the industrial establishment in accordance with that agreement or certification, this chapter, and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C.
(c) An owner or operator of an industrial establishment who wishes to transfer ownership or operations of the industrial establishment prior to completion of all applicable requirements of ISRA and this chapter shall submit to the Department a completed Remediation Certification form, available at the Department's website at
www.nj.gov/dep/srp/srra/forms
, that includes the following:
1. An estimate of the cost of the remediation prepared and certified by a licensed site remediation professional;
2. A certification by the owner or operator of the industrial establishment describing:
i. The statutory liability of the owner or operator pursuant to ISRA to perform and to complete the remediation of the industrial establishment;
ii. The liability of the owner or operator for penalties for violating the act, subject to the defenses to liability and limitations thereon;
iii. The requirement of the owner or operator to perform the remediation the Department requires;
iv. The requirement of the owner or operator to allow the Department access to the industrial establishment pursuant to ISRA at 13:1K-10;
v. The requirement of the owner or operator to comply with the provisions of the Site Remediation Reform Act, 58:10C-1 et seq., and this chapter; and
vi. The requirement of the owner or operator to prepare and submit any document the Department requires for the remediation of the industrial establishment;
3. Evidence of the establishment of a remediation funding source in an amount of the estimated cost of the remediation and in accordance with N.J.A.C. 7:26C-5; and
4. Evidence of the payment of all applicable fees in accordance with N.J.A.C. 7:26C-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 3 - NOTIFICATION AND REMEDIATION REQUIREMENTS › Section 7:26B-3.4 - Remediation funding source requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator shall establish and maintain a remediation funding source in accordance with N.J.A.C. 7:26C-5:
1. Within 14 days after the Department receives a remedial action workplan certified by a licensed site remediation professional for the industrial establishment;
2. Upon the submittal of a remediation certification pursuant to 7:26B-3.3(c); or
3. In accordance with the terms of a remediation agreement or remediation agreement amendment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 5 - ALTERNATE COMPLIANCE OPTIONS › Section 7:26B-5.3 - Regulated underground storage tank waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator may, upon submittal of the notice required pursuant to 7:26B-3.2(a), apply to the Department for a regulated underground storage tank waiver in accordance with (c) below.
(b) The Department's approval of a regulated underground storage tank waiver application authorizes the owner or operator to close operations or transfer ownership or operations of an industrial establishment prior to the issuance of a final remediation document or prior to a licensed site remediation professional's certification of a remedial action workplan, and without the submittal of a remediation certification if the only areas of concern or the only discharges at the industrial establishment are from an underground storage tank or tanks regulated pursuant to 58:10A-21 et seq. and N.J.A.C. 7:14B.
(c) To apply for a regulated underground storage tank waiver, the owner or operator shall submit a completed ISRA Alternate Compliance Option Application, available on the Department's website at
www.nj.gov/dep/srp/srra/forms
, certified in accordance with 7:26B-1.6, to the Department, at the address provided at 7:26B-1.5, which includes the following:
1. The name and location of the site, including street address, city or town, municipality, county, zip code, tax block and lot numbers of the site and the ISRA case number;
2. A preliminary assessment report that demonstrates that the only area of concern at the industrial establishment is an underground storage tank or tanks as defined pursuant to 58:10A-22 and N.J.A.C. 7:14B or a preliminary assessment and site investigation report which demonstrates that the only discharged hazardous substances or hazardous wastes at the industrial establishment or that has migrated offsite, above the applicable remediation standards, are from a discharge from that underground storage tank or tanks;
3. A certification by the owner or operator of the industrial establishment that the owner or operator is in compliance with the provisions of 58:10A-21 et seq., N.J.A.C. 7:14B, N.J.A.C. 7:26C and N.J.A.C. 7:26E for all underground storage tanks at the industrial establishment that are covered by that act;
4. A copy of proof of financial responsibility pursuant to N.J.A.C. 7:14B-15; and
5. Payment of all applicable fees required pursuant to N.J.A.C. 7:26C-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 5 - ALTERNATE COMPLIANCE OPTIONS › Section 7:26B-5.9 - De minimis quantity exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator to whom the Department grants a de minimis quantity exemption is exempt from the substantive requirements of this chapter based on de minimis quantities of hazardous substances or hazardous waste generated, manufactured, refined, transported, treated, stored, handled or disposed of at an industrial establishment. Such an owner or operator is not exempt from any requirement in any other law or regulation to remediate a discharge.
(b) An owner or operator can obtain a de minimis quantity exemption if the following criteria are satisfied:
1. The total quantity of hazardous substances or hazardous wastes generated, manufactured, refined, transported, treated, stored, handled or disposed of at the subject industrial establishment at any one time during the owner's or operator's period of ownership or operation, does not exceed 500 pounds or 55 gallons;
2. If the hazardous substances or hazardous wastes are mixed with nonhazardous substances, then the total quantity of hazardous substances or hazardous wastes in the mixture at any one time during the owner's or operator's period of ownership or operation does not exceed 500 pounds or 55 gallons; and
3. The total quantity of hydraulic or lubricating oil, in the aggregate, does not exceed 220 gallons at any one time during the owner's or operator's period of ownership or operation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26B - INDUSTRIAL SITE RECOVERY ACT RULES › Subchapter 8 - PROGRAM FEES AND OVERSIGHT COSTS › Section 7:26B-8.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
The owner or operator shall pay all applicable fees and oversight costs as required pursuant to N.J.A.C. 7:26C-4 and this chapter.