reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall govern the Department's assessment of civil administrative penalties for hazardous waste violations of the Solid Waste Management Act, 13:1E-1 et seq., (for the purpose of this subchapter, hereinafter "the Act"), including violation of any rule promulgated, administrative order, permit, license or other operating authority issued, or Part A permit application filed, pursuant to the Act. This subchapter shall also govern the procedures for requesting administrative hearings on a notice of civil administrative penalty assessment or an administrative order.
(b) The Department may assess a civil administrative penalty of not more than $ 50,000 for each violation of each provision of the Act, or any rule promulgated, administrative order, permit, license or other operating authority issued, or Part A permit application filed, pursuant to the Act.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by 13:1E-1 et seq. or any other statute, in connection with the violation for which the assessment is levied.
(e) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license or other operating authority issued under the Act. Specifically, the Department may revoke or suspend a permit, license or other operating authority, without regard to whether or not a civil administrative penalty has been or will be assessed pursuant to this subchapter.
(f) For purposes of this subchapter, any person who undertakes or performs an obligation imposed upon another person pursuant to the Act, or any rule promulgated, administrative order, permit, license or other operating authority issued, or Part A permit application filed, pursuant to the Act, may at the discretion of the Department be subject to a civil administrative penalty pursuant to this subchapter in the same manner and in the same amount as such other person.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.2 - Procedures for assessment and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty under the Act, for violation of the Act, or any rule promulgated, administrative order, permit, license or other operating authority issued, or Part A permit application filed, pursuant to the Act, the Department shall, by means of notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one violation in a single notice of civil administrative penalty assessment or in multiple notices of civil administrative penalty assessment. This notice of civil administrative penalty assessment shall:
1. Identify the section of the Act, rule, administrative order, permit, license, or Part A permit application violated;
2. Concisely state the facts which constitute the violation;
3. Specify the amount of the civil administrative penalty to be imposed; and
4. Advise the violator of the right to request an administrative hearing, pursuant to the procedures in 7:26G-2.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.3 - Procedures to request an administrative hearing to contest an administrative order or a notice of civil administrative penalty assessment, and procedures for conducting administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an administrative hearing to contest an administrative order and/or a notice of civil administrative penalty assessment issued pursuant to the Act, the violator shall submit the following information, in writing, to the Department, at:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code: 401-07A
PO Box 420
Trenton, NJ 08625-0420
1. The name, address, telephone number and EPA Identification Number (if applicable) of the violator and its authorized representative;
2. The violator's defenses, to each of the Department's findings of fact in the findings section of the administrative order or notice of civil administrative penalty assessment, stated in short and plain terms;
3. An admission or denial of each of the Department's findings of fact in the findings section of the administrative order or notice of civil administrative penalty assessment. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as is true and material and deny only the remainder. The violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding which the violator denies, the violator shall allege the fact or facts as the violator believes such fact or facts to be;
4. Information supporting the request and specific reference to or copies of all written documents relied upon to support the request;
5. An estimate of the time required for the hearing (in days or hours); and
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.4 - Civil administrative penalties for violations of rules adopted pursuant to the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of each requirement of any rule listed in 7:26G-2.4(g).
(b) Each violation of a rule listed in (g) below shall constitute an additional, separate and distinct violation.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) For each parameter that is required to be monitored, sampled or reported, the failure to so monitor, sample or report shall constitute an additional, separate and distinct violation.
(e) Where any requirement of any rule listed in (g) below may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.
(f) The Department shall determine the amount of a civil administrative penalty for each violation of any rule listed in (g) below on the basis of the provision violated, according to procedures which follow in (f)1 through 4 below. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (g) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated.
1. Identify the rule violated as listed in (g)1 through 9 below;
2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (g)1 through 9 below;
3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:
Severity factor
Multiplier
i.Violator had violated the same rule less than 12 months prior to the violation
1.00
ii.Violator had violated a different rule less than 12 months prior to the violation
0.50
iii.Violator had violated the same rule during the period
which began 24 months prior to the violation and ended
12 months prior to the violation
0.50
iv. Violator had violated a different rule during the
period which began 24 months prior to the violation and
ended 12 months prior to the violation
0.25
4. To obtain the civil administrative penalty for a particular violation, add all of the severity penalty components pursuant to (f)3 above to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty for that violation shall be $ 50,000.
EXAMPLE:
Base penalty (for violation of N.J.A.C.
7:26-7.4(a)6)
=
$ 1,000
Subparagraph (f)3iii applies:
0.50 x 1000
=
500
Subparagraph (f)3iv applies:
0.25 x 1000
= +250
Civil administrative penalty
$ 1,750
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.5 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall assess penalties under this section, and not under 7:26G-2.4, when:
1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under 7:26G-2.4 would be too low to provide a sufficient deterrent effect as required by the Act; or
2. The violation is not listed under 7:26G-2.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.6 - 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, or any Part A permit application filed, pursuant to the Act.
(b) Each day, from the day that the violator knew or had reason to know that it submitted inaccurate or false information to the Department until the day of receipt by the Department of a written correction by the violator, shall be an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section based on the conduct of the violator at the mid-point of the following ranges except as adjusted pursuant to (d) below:
1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty per act or omission shall be in an amount of not more than $ 50,000 nor less than $ 40,000 per act or omission; and
2. For all other conduct, the civil administrative penalty, per act or omission, shall be in the amount of $ 1,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.7 - 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, facility, or vehicle which the Department may enter and inspect pursuant to the provisions of the Act or other statutory authority.
(b) Each day that a violator refuses, inhibits or prohibits immediate lawful entry and inspection by an authorized Department representative of any premises, building, facility, or vehicle 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, facility, or vehicle for which an administrative order, permit, license or other operating authority requirement exists under the Act, the civil administrative penalty shall be in an amount of not more than $ 30,000 nor less than $ 20,000 per violation; and
2. For any other refusal, inhibition, or prohibition of immediate lawful entry and inspection the civil administrative penalty shall be in an amount of not more than $ 5,000 nor less than $ 3,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.8 - 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, or any Part A permit application filed, 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 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.9 - 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 an additional civil administrative penalty the economic benefit (in dollars) which the violator has realized as a result of not complying with, or by delaying compliance with, the requirements of the Act, or any rule promulgated, any administrative order, permit, license or other operating authority issued, or any Part A permit application filed, 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 26G - HAZARDOUS WASTE › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADMINISTRATIVE HEARINGS › Section 7:26G-2.10 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in the penalty tables at 7:26G-2.4(g)  by an "M" in the Type of Violation column, and each violation that is determined to be minor under 7:26G-2.5(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 is indicated in the column with the heading "Grace Period."
(b) Each violation identified in the penalty tables at 7:26G-2.4(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 shall provide a grace period for any violation identified as minor under this section provided that 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.
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 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 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 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 26G - HAZARDOUS WASTE › Subchapter 3 - HAZARDOUS WASTE FEES › Section 7:26G-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with 13:1E-1 et seq., specifically 13:1E-6, 13:1E-18, 13:1E-42.2 and 13:1E-60d, there is hereby established a fee schedule for hazardous waste generators, transporters, and treatment, storage, or disposal facilities. Notwithstanding provisions in N.J.A.C. 7:26-4, this subchapter constitutes the rules of the Department for hazardous waste fees. Any fee under this subchapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 3 - HAZARDOUS WASTE FEES › Section 7:26G-3.2 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for activities related to hazardous waste generators, transporters, and treatment, storage, or disposal facilities shall be paid by certified check or money order payable to: Treasurer, State of New Jersey. Payment shall be submitted to:
New Jersey Department of Environmental Protection
Bureau of Revenue
PO Box 417
Trenton, New Jersey 08625-0417
(b) All fees shall be paid within 30 days of the date on the bill issued by the Department unless otherwise specified herein. A person who fails to pay a fee within the time due shall be subject to penalties pursuant to 7:26G-2.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 3 - HAZARDOUS WASTE FEES › Section 7:26G-3.3 - Fee schedule for hazardous waste facilities, generators, and transporters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for generators filing a biennial report in accordance with 40 C.F.R. §§
										261.5(e), 261.5(f), 262.41 and 262.44 (as incorporated by reference at N.J.A.C. 7:26G-5 and 6) shall be based on quantities of hazardous waste generated during the odd numbered calendar year preceding the even numbered reporting year and on whether or not the report is submitted electronically, and, for electronic submissions, whether it is accurate and complete. Hazardous waste generator biennial reporting fees are as follows:
1. Less than 1.1 tons of hazardous waste: $ 34.00 for complete, accurate electronic reports; $ 135.00 for incomplete, inaccurate, or paper reports.
2. Equal to or greater than 1.1 tons but less than 10 tons of hazardous waste generated: $ 68.00 for complete, accurate electronic reports; $ 270.00 for incomplete, inaccurate, or paper reports.
3. Equal to or greater than 10 tons but less than 100 tons of hazardous waste generated: $ 127.00 for complete, accurate electronic reports; $ 507.00 for incomplete, inaccurate, or paper reports.
4. Equal to or greater than 100 tons but less than 150 tons of hazardous waste generated: $ 253.00 for complete, accurate electronic reports; $ 1,013 for incomplete, inaccurate, or paper reports.
5. Equal to or greater than 150 tons of hazardous waste generated: $ 405.00 for complete, accurate electronic reports; $ 1,621 for incomplete, inaccurate, or paper reports.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 3 - HAZARDOUS WASTE FEES › Section 7:26G-3.4 - Exemption from fee payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Conditionally exempt small quantity generators meeting the requirements of N.J.A.C. 7:26G-5 are exempt from the manifest processing fee.
(b) Transporters acting as the generator on the manifest when picking up waste from a conditionally exempt small quantity generator are exempt from the manifest processing fee.
(c) Hazardous waste facilities which accept waste from out-of-State conditionally exempt small quantity generators are exempt from the manifest processing fee for those manifested shipments only.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 4 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Section 7:26G-4.3 - Petitions to amend N.J.A.C 7:26A-7 to include additional hazardous wastes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of N.J.A.C. 7:26A-7 may petition for a regulatory amendment under this section, 40 C.F.R. 260.20 as incorporated by reference herein, and N.J.A.C. 7:26A-7.
(b) To be successful, the petitioner must demonstrate to the satisfaction of the Department that regulation under the universal waste regulations of N.J.A.C. 7:26A-7 is appropriate (in accord with the reasons for establishing the universal waste system as set forth in 60 F.R. 25492, May 11, 1995) for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the hazardous waste program. The petition shall include the information required by 40 C.F.R. 260.20(b) as incorporated by reference herein. The petition should also address as many of the factors listed in N.J.A.C. 7:26A-7.7(b)  as apply to the waste or category of waste addressed in the petition.
(c) The Department shall grant or deny a petition using the factors listed in 7:26A-7.7(b). The decision will be based on the weight of evidence showing that regulation under N.J.A.C. 7:26A-7 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.
(d) The Department may request additional information needed to evaluate the merits of the petition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 5 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 7:26G-5.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 261, Federal Regulations on Identification and Listing of Hazardous Waste, and its appendices, as amended and supplemented, except as provided in (b) and (c) below.
(b) The following provisions of 40 C.F.R. Part 261 are not incorporated by reference: 40 C.F.R. Part 261 Appendix IX.
(c) The following provisions of 40 C.F.R. Part 261 are incorporated by reference with the specified changes:
1. Operative dates of regulations first promulgated by EPA are determined as follows:
i. Operative dates of rules originally promulgated by USEPA under the authority of the Hazardous and Solid Waste Amendments (HSWA) and incorporated by reference on October 21, 1996, shall not be altered, because these rules are operative in all states at the time of adoption.
ii. Operative dates of rules incorporated by reference on October 21, 1996, originally promulgated by USEPA under the authority of the Resource Conservation and Recovery Act (RCRA), shall be removed and replaced with October 21, 1996, because these rules are not operative in authorized states until state adoption of the rules.
iii. Operative dates of rules incorporated by reference after October 21, 1996, but prior to August 1, 1998, originally promulgated by USEPA under the authority of the Resource Conservation and Recovery Act (RCRA), shall be removed and replaced with January 19, 1999, because these rules are not operative in authorized states until state adoption of the rules.
iv. Operative dates of rules incorporated through prospective incorporation by reference shall become operative in accordance with 7:26G-1.4(k)  and (
l
).
v. See 40 C.F.R. 271.1 Table 1, which lists all HSWA regulations. Other regulations are promulgated under RCRA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 5 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 7:26G-5.4 - Swine food

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to the Solid Waste Management Act, the definition of solid waste shall not include solid animal or vegetable wastes collected by swine producers, licensed by the State Department of Agriculture, who collect, prepare and feed such wastes to swine on their own farms.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 6 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 7:26G-6.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 262, Federal regulations on the standards applicable to generators of hazardous waste, as amended and supplemented, except as provided in (b) below.
(b) The following provisions of 40 C.F.R. Part 262 are incorporated by reference with the specified changes:
1.
										40 C.F.R. 262.10(d), replace "State requirements analogous to 40 C.F.R. 273." with "N.J.A.C. 7:26A-7 ";
2.
										40 C.F.R. 262.10(g), after "penalties prescribed in section 3008 of the Act" add ", and 13:1E-9 and N.J.A.C. 7:26G-2 ";
3.
										40 C.F.R. 262.11, delete the language at paragraph "(d)" and replace it with the following: "If the waste is determined to be hazardous, the generator shall refer to N.J.A.C. 7:26G-5, 8 through 11, and N.J.A.C. 7:26A-7 for possible exclusions or restrictions pertaining to management of the specific waste.";
4.
										40 C.F.R. 262.12(c), at the end of the paragraph add "It is considered a violation for a generator to utilize a transporter who is not properly licensed and registered with the Department in accordance with 7:26G-7.2 and/or who fails to display a current Department registration number in accordance with N.J.A.C. 7:26-7.2(b)6 ";
5.
										40 C.F.R. 262.32(b), remove 110 and replace with 119; after "HAZARDOUS WASTE--Federal" add "and/or State"; after "If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency" add "or the New Jersey Department of Environmental Protection";
6.
										40 C.F.R. 262.34(a)(2), after "visible for inspection on each container" add "or tank";
7.
										40 C.F.R. 262.40(a), after "signed in accordance with § 262.23(a) for three years" delete "or until he receives a signed copy from" and replace with "and a signed copy from the owner or operator of the";
8.
										40 C.F.R. 262.41(a), delete "EPA Form 8700-13A" and replace with "forms approved by the Department";
9.
										40 C.F.R. 262.42(a)(1), after "to determine the status of the hazardous waste" add "and contact the Department at 609-292-7081 to inform the Department of the situation";
10.
										40 C.F.R. 262.42(a)(2), after "must submit an exception report to the EPA Regional Administrator" delete "for the Region in which the generator is located";
11.
										40 C.F.R. 262.43, delete "sections 2002(a) and 3002(6) of the Act" and replace with " 13:1E-1 et seq., 13:1D-1 et seq., or any comparable provisions of New Jersey's statutes and implementing regulations";
12.
										40 C.F.R. 262.80(a), replace "State requirements analogous to 40 C.F.R. 273." with "N.J.A.C. 7:26A-7.";
13.
										40 C.F.R. 262.89(a)2, replace "State requirements analogous to 40 C.F.R. 273." with "N.J.A.C. 7:26A-7."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 7 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Section 7:26G-7.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 263 Federal regulations on the standards applicable to transporters of hazardous waste, as amended and supplement, except as provided in (b) and (c) below.
(b) The following provisions of 40 C.F.R. Part 263 will not be incorporated: 40 C.F.R. 263.12.
(c) The following provisions of 40 C.F.R. 263 are incorporated by reference with the specific changes:
1.
										40 C.F.R. 263.10(c)2, replace "of different DOT shipping descriptions by placing them into a single container" with "and has the shipment of hazardous waste rejected by the designated facility. The transporter shall comply with the requirements at 7:26G-7.4(j)  and will not be subject to the provisions at §262.34."
2.
										40 C.F.R. 263.10(d), replace "State requirements analogous to 40 C.F.R. Part 273 " with "N.J.A.C. 7:26A-7."
3.
										40 C.F.R. 263.30(a), after "local authorities" add "(including the Department at 1-877-WARNDEP (if this number is inoperable, notify the New Jersey State Police at 609-882-2000)."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 7 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Section 7:26G-7.3 - Other requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All hazardous waste transporters shall comply with the following United States Department of Transportation (USDOT) regulations, with all the modifications that the New Jersey Department of Transportation has made in incorporating them into 16:49-2.1, and that the New Jersey State Police has made in incorporating them into 13:60-1.1:
1. The Hazardous Materials Regulations at 49 C.F.R. Parts 130 and 171 through 180, as amended and supplemented; and
2. The Motor Carrier Safety Regulations at 49 C.F.R. Parts 390 through 397, as amended and supplemented.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 8 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Section 7:26G-8.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 264, Federal regulations on the standards applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, and its appendices, as amended and supplemented, except as provided in (b), (c) and (d) below.
(b) The following provisions of 40 C.F.R. Part 264 are not incorporated by reference:
1.
										40 C.F.R. 264.149 Use of State-required mechanisms;
2.
										40 C.F.R. 264.150 State assumption of responsibility;
3.
										40 C.F.R. 264.301 (
l
) Design and operating requirements, Alabama landfills;
4.40 C.F.R. 264 Appendix VI Political Jurisdictions in which compliance with § 264.18(a) must be demonstrated;
5.
										40 C.F.R. 264.1030(d);
6.
										40 C.F.R. 264.1050(g); and
7.
										40 C.F.R. 264.1080(e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 9 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Section 7:26G-9.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 265. Federal regulations on the interim status standards applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, and its appendices, as amended and supplemented, except as provided in (b) and (c) below.
(b) The following provisions of 40 C.F.R. Part 265 are not incorporated by reference: 40 C.F.R. 265.149, 265.150, 265.1030(c), 265.1050(f) and 265.1080(e).
(c) The following provisions of 40 C.F.R. Part 265 are incorporated by reference with the specified changes:
1.
										40 C.F.R. 265.1(c)(12), replace "transfer facility" with "hazardous waste transfer facility in accordance with 7:26G-7.4 ";
2.
										40 C.F.R. 265.52(b), after "or part 1510 of chapter V," add "or a Discharge Prevention, Containment and Countermeasure (DPCC) Plan in accordance with N.J.A.C. 7:1E";
3.
										40 C.F.R. 265.56(d)(2), after "He must immediately notify" add "the NJDEP Hotline at 1-877-WARNDEP and";
4.
										40 C.F.R. 265.90(a), 265.90(d)(1) and 265.93(a), substitute "By December 6, 1982" for "Within one year after the effective date of these regulations";
5.
										40 C.F.R. 265.90(d)(2), substitute "December 6, 1982" for "one year after the effective date of these regulations";
6.
										40 C.F.R. 265.119(a), substitute "January 3, 1984" for "January 12, 1981";
7.
										40 C.F.R. 265.191(a), substitute "by April 19, 1997" for "by January 12, 1988" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;
8.
										40 C.F.R. 265.191(c) substitute "[the effective date of these regulations] October 21, 1996" for "July 14, 1986" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;
9.
										40 C.F.R. 265.193, substitute "[180 days after the effective date of these regulations] April 19, 1997" for "January 12, 1987" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;
10.
										40 C.F.R. 265.276(a), substitute "May 21, 1984" for "the effective date of this part";
11.
										40 C.F.R. 265.440(a), substitute "October 21, 1996" for "December 6, 1990" and "December 24, 1992" unless the regulated drip pads accept F032 waste; and
12. The term "New Jersey" shall be substituted for "State(s)", "authorized state", "approved state", and the term "New Jersey's hazardous waste program" for "approved program" in those provisions of 40 C.F.R. Part 265 which are incorporated by reference, except at 40 C.F.R. 265.147(a)(1)(ii), 265.147(g)(2) and 265.147(i)(4).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 11 - LAND DISPOSAL RESTRICTIONS › Section 7:26G-11.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 268, Federal regulations on Land Disposal Restrictions, and the Appendices to 40 C.F.R. Part 268, as amended and supplemented, except as provided in (b) and (c) below.
(b) The following provisions of the Land Disposal Restrictions are not incorporated by reference:
1. The following sections of 40 C.F.R. Part 268 because these sections contain the schedule by which EPA must evaluate wastes for disposal restrictions:
i.40 C.F.R. 268.10, Identification of Wastes to be Evaluated by August 8, 1988;
ii.40 C.F.R. 268.11, Identification of Wastes to be Evaluated by June 8, 1989;
iii.40 C.F.R. 268.12, Identification of Wastes to be Evaluated by May 8, 1990; and
iv.
											40 C.F.R. 268.13, Schedule for Wastes Identified or Listed After November 8, 1990; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 12 - HAZARDOUS WASTE PERMIT PROGRAM › Section 7:26G-12.2 - Environmental and Health Impact Statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certain applicants shall be required to submit an Environmental and Health Impact Statement (EHIS) in addition to Parts A and B of the permit application in accordance with the provisions set out in this section.
(b) Applicants for the following shall submit an EHIS in all cases:
1. An initial permit issued pursuant to this subchapter for a new commercial hazardous waste facility; and
2. Authorization to construct and operate a hazardous waste incinerator or hazardous waste land disposal unit at a hazardous waste facility where no such hazardous waste management unit is presently authorized.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 13 - PROCEDURES FOR DECISIONMAKING › Section 7:26G-13.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 124, as amended and supplemented, except as provided in (b) and (c) below. 40 C.F.R. Part 124, Subparts A and B are adopted by reference solely for the purpose of establishing procedures regarding hazardous waste management permits.
(b) The following provisions of 40 C.F.R. Part 124 are not incorporated by reference:
1. Any reference relating to "404," "sludge," "UIC," "PSD" or "NPDES" permits;
2. 40 C.F.R. Part 124 Subparts C, D, E, and F;
3.
										40 C.F.R. 124.1;
4.
										40 C.F.R. 124.2;
5.
										40 C.F.R. 124.3(b) through (g);
6.
										40 C.F.R. 124.4;
7.
										40 C.F.R. 124.5(b) and (e) through (g);
8.
										40 C.F.R. 124.6(b), (c), and (d)(4)(ii) through (v);
9.
										40 C.F.R. 124.7;
10.
										40 C.F.R. 124.8(b)(3) and (8);
11.
										40 C.F.R. 124.9;
12.
										40 C.F.R. 124.10(a)(1)(i), (iv) and (vi);
13.
										40 C.F.R. 124.10(a)(2) and (3);
14.
										40 C.F.R. 124.10(d)(1)(vii) and (viii);
15.
										40 C.F.R. 124.12(b) through (e);
16.
										40 C.F.R. 124.13 through 124.16;
17.
										40 C.F.R. 124.17(b); and
18.
										40 C.F.R. 124.18 through 124.21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 13 - PROCEDURES FOR DECISIONMAKING › Section 7:26G-13.2 - Other requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applications for permits and expansions which are subject to the criteria set forth in the Major Hazardous Waste Facilities Siting Act shall additionally be subject to the supplemental permitting procedures set out therein.
(b) The applicant for a permit shall appear at the public hearing and be available to answer questions regarding the proposed facility or facility expansion. Failure to appear at the public hearing and answer questions may result in denial of the application. In the event that a response cannot be given at the hearing, a written response shall be prepared by the Department or the applicant after the hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.1 - Scope and exchange of information

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 hazardous waste program under this chapter 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 hazardous waste regulatory activities under this chapter shall be generally available to the public except as provided otherwise in this subchapter. This requirement shall also include information regarding hazardous waste facilities regulated by N.J.A.C. 7:14A.
(c) Claims for confidentiality will be decided by the Department in accordance with the provisions of this subchapter.
(d) If a request for information is made for inter-agency or intra-agency memoranda or letters, the Department may deny the request if such request is exempted from disclosure pursuant to 5 U.S.C. §
										552(b)(5).
(e) If a request for information is made for investigatory records, the Department may deny the request if such request is exempted from disclosure pursuant to 5 U.S.C. §
										552(b)(7) or 47:1A-3.
(f) Any information obtained or used in the administration of the hazardous waste program under this chapter shall be available to EPA upon request without restriction. If the information has been submitted to the Department under a claim of confidentiality, the Department shall submit that claim to EPA when providing information to EPA under this subchapter.
(g) When EPA supplies information to the Department which was submitted to EPA under a claim of confidentiality, the information shall be subject to the conditions set forth in 40 C.F.R. Part 2 and this subchapter. If the Department obtains information from EPA that is not claimed to be confidential, the Department may make that information available to the public without further notice to any interested party.
(h) Any confidential information obtained or used in the administration of the State hazardous waste program, as provided in Section 3006 of "The Resource Conservation and Recovery Act of 1976", 42 U.S.C. §§ 3251 et seq., and amendments thereto, shall be treated in accordance with this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-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.
"Act" means the Solid Waste Management Act, 13:1E-1 et seq.
"Business" means any person engaged in a business, trade, employment, calling or profession, whether or not all or any part of the net earnings derived from such engagement by such person inure, or may lawfully inure, to the benefit of any private shareholder or individual.
"EPA" or USEPA" means the United States Environmental Protection Agency.
"Hazardous waste" means those solid wastes identified as hazardous wastes in accordance with N.J.A.C. 7:26G-5.
"Person" means an individual, partnership, corporation, association, or other public or private organization or legal entity, including Federal, State or local governing bodies and agencies and their employees.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.3 - Classes of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The classes of information to be made available to the public and to EPA shall include, but not be limited to, the following:
1. Permits, permit applications and modifications;
2. Annual and biennial reports;
3. Closure plans;
4. Notification of a facility closure;
5. Contingency plan incident reports;
6. Delisting petitions and other petitions for variances or waivers;
7. Financial responsibility instruments;
8. Environmental monitoring data;
9. International shipment records;
10. Manifests and manifest exception, discrepancy and unmanifested waste reports;
11. Facility EPA identification numbers;
12. General correspondence with the facility;
13. Orders, consent orders, notices of violations, penalty settlement offers, civil and administrative penalty assessments, and other enforcement documents;
14. Inspection reports;
15. Results of corrective action investigations, undertaken pursuant to § 3004 (u) and (v) of the Resource Conservation and Recovery Act, 42 U.S.C. §
											6901 et seq.; and
16. Analytical data submitted to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 16 - AVAILABILITY OF INFORMATION; CONFIDENTIAL BUSINESS INFORMATION › Section 7:26G-16.4 - Administrative procedures and appeals for requests for information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of records maintained by the Department that are subject to requests for information shall be as broad as the scope of records as provided by the United States Environmental Protection Agency at 40 C.F.R. 2.100(b).
(b) Materials which are routinely available to the general public are not confidential information and shall be supplied within a reasonable time upon written request by interested parties. Such materials include, but are not limited to, final orders in case adjudications, press releases, copies of speeches, pamphlets and educational materials.
(c) A requester of non-confidential and confidential records including, but not limited to, records defined in (b) above shall not be required to supply any justification for the information request.
(d) All requests for information shall identify with specificity the information requested. The Department, in responding to requests containing incomplete identification of records, shall make reasonable efforts to assist a requester in identifying the records being sought. The Department's designated information officer shall contact the requester by telephone if possible or in writing to assist the requester to formulate his or her request. The Department's designated information officer shall also aid the requester in locating the office maintaining the records he or she seeks.
(e) If a request is formulated in general terms covering a large quantity of records, the Department's designated information officer shall assist the requester in narrowing the scope of the request to minimize the fees payable by the requester. This type of assistance shall not be used as a means to discourage requests, but to help narrow the scope of investigation when possible.
(f) Information concerning the fees in regard to both information requests and confidentiality claims is set forth in N.J.A.C. 7:26G-16.11 and 16.12.
(g) Requests for information shall be answered in writing within 20 working days of receipt by the designated information officer. The written response shall designate which records will be released, which will not be released, and the reasons for denial.
1. If the request for information is incomplete or insufficient, the time span covering the State's request for clarification to the requester's reply shall not be counted in the 20 working days in (g) above.
2. Failure of the Department to issue a determination within the 20-day period shall be considered a denial. This shall authorize the requester to pursue further legal recourse and apply for an order to release the requested information pursuant to (h) below.