New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1C-1.5 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
"Act" means N.J.S.A. 13:1D-157 et seq., and any amendments thereto.
"Adverse cumulative stressors" means that the combined stressor total of the overburdened community is higher than the overburdened community's geographic point of comparison or would be made higher than an overburdened community's geographic point of comparison as a result of the facility's contribution.
"Adverse environmental and public health stressor" means a stressor in the overburdened community that is higher than an overburdened community's geographic point of comparison or would be made higher than an overburdened community's geographic point of comparison as a result of the facility's contribution.
"Applicant" means a person who submits to the Department an application for a permit, expansion, or renewal.
"Change in use" means a change in the type of operation of an existing facility that increases the facility's contribution to any environmental and public health stressor in an overburdened community, such as a change to waste processed or stored.
"Combined stressor total" means the sum of adverse environmental and public health stressors in an overburdened community. If the combined stressor total in the overburdened community is greater than the value of the geographic point of comparison, the overburdened community is subject to adverse cumulative stressors.
"Compelling public interest" means a demonstration by a proposed new facility that primarily serves an essential environmental, health, or safety need of the individuals in an overburdened community, is necessary to serve the essential environmental, health, or safety need, and that there are no other means reasonably available to meet the essential environmental, health, or safety need. For purposes of this chapter, the economic benefits of the proposed new facility shall not be considered in determining whether it serves a compelling public interest in an overburdened community.
"Department" means the New Jersey Department of Environmental Protection.
"Disproportionate impact" means the facility cannot avoid either:
(1) creating adverse cumulative stressors in an overburdened community as a result of the facility's contribution; or
(2) contributing to an adverse environmental and public health stressor in an overburdened community that is already subject to adverse cumulative stressors. For purposes of this chapter, a facility located either in whole or in part in an overburdened community can have a disproportionate impact on that community. When determining whether a disproportionate impact will occur, an applicant would only be required to consider impacts to adverse environmental and public health stressors.
"Environmental and public health stressor" or "stressor" means sources of environmental pollution, including, but not limited to, concentrated areas of air pollution, mobile sources of air pollution, contaminated sites, transfer stations or other solid waste facilities, recycling facilities, scrap yards, and point-sources of water pollution including, but not limited to, water pollution from facilities or combined sewer overflows; or conditions that may cause potential public health impacts, including, but not limited to, asthma, cancer, elevated blood lead levels, cardiovascular disease, and developmental problems in the overburdened community, as the same are more specifically listed at the chapter Appendix.
"Environmental justice impact statement" or "EJIS" means a systematic, interdisciplinary and integrated assessment of environmental and public health conditions in an overburdened community that identifies and analyzes:
(1) existing environmental and public health stressors;
(2) any adverse environmental and public health stressors;
(3) the presence or absence of adverse cumulative stressors;
(4) potential environmental and public health stressors associated with a facility;
(5) whether the facility can avoid causing a disproportionate impact;
(6) the measures the facility will propose to implement to avoid or address any disproportionate impact; and
(7) where applicable, how the new facility serves a compelling public interest in the overburdened community.
"Existing facility" means a facility, or any portion thereof, which, as of April 17, 2023, possesses a valid approved registration or permit from the Department for its operation or construction and is in operation.
"Expansion" means a modification or expansion of existing operations or footprint of development that has the potential to result in an increase of an existing facility's contribution to any environmental and public health stressor in an overburdened community, but shall not include any such activity that decreases or does not otherwise result in an increase in stressor contributions.
"Facility" means any:
(1) major source of air pollution;
(2) resource recovery facility or incinerator;
(3) sludge processing facility, combustor, or incinerator;
(4) sewage treatment plant with a "permitted flow," as defined at N.J.A.C. 7:14A-1.2, of more than 50 million gallons per day;
(5) transfer station or other solid waste facility, or recycling facility intending to receive at least 100 tons of recyclable material per day;
(6) scrap metal facility;
(7) landfill, including, but not limited to, a landfill that accepts ash, construction or demolition debris, or solid waste; or
(8) medical waste incinerator, except a medical waste incinerator that accepts regulated medical waste for disposal, including a medical waste incinerator, that is attendant to a hospital or university and intended to process self-generated regulated medical waste, as defined in this chapter.
"Feasible" means measures addressing contributions to environmental or public health stressors that are reasonably capable of being accomplished by taking into account economic and technological factors.
"Geographic point of comparison" means the comparison area and value used to determine whether an overburdened community is subject to one or more adverse environmental and public health stressors and is determined by selecting the lower value of the State or county's 50th percentile, calculated excluding the values of other overburdened communities. For the purposes of this definition, "county" shall refer to the county in which the overburdened community is located.
"Hazardous waste" has the same meaning as the term defined at N.J.A.C. 7:26G-5.1.
"Hazardous waste landfill" has the same meaning as the term defined at N.J.A.C. 7:27-8.1.
"Incinerator" has the same meaning as the terms defined at N.J.A.C. 7:26-1.4 and 7:27-11.1.
"Landfill" means a sanitary or hazardous waste landfill.
"Limited English proficiency" means that a household does not have an adult that speaks English "very well" according to the United States Census Bureau.
"Low-income household" means a household that is at, or below, twice the poverty threshold as that threshold is determined annually by the United States Census Bureau.
"Major source" or "major facility" shall have the same meaning as the term defined at N.J.A.C. 7:27-22.1.
"Material change" means a modification of the facility or EJIS that, in the determination of the Department, requires further analysis or public comment to accurately assess the facility's contribution to environmental and public health stressors in the overburdened community, such as, but not limited to:
1. A change to the basic purpose;
2. An expansion of the facility;
3. An increase in the potential contributions to environmental or public health stressors; or
4. A change in measures proposed to address the facility's contributions to environmental and public health stressors.
"Medical waste" has the same meaning as the term "medical/infectious waste" defined at N.J.A.C. 7:27-27.1.
"Net environmental benefit" means a reduction of baseline environmental and public health stressors in an overburdened community or other action that improves environmental or public health conditions in an overburdened community, as determined by the Department.
"New facility" means:
1) any facility that has not commenced operation as of April 17, 2023; or
2) a change in use of an existing facility. For the purposes of this chapter, an existing facility that has operated without a valid approved registration or permit required by the Department prior to April 17, 2023 shall be considered a new facility.