reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 6 - SOLID WASTE PLANNING REGULATIONS › Section 7:26-6.10 - Modifications to district solid waste management plans; plan amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each plan amendment to a district solid waste management plan or program shall comply with the requirements of this section.
(b) For the purposes of this section, a plan amendment means a modification to the district solid waste management plan, which, if implemented, would have a significant impact on the environment, property rights, public and private funds, or the overall solid waste management system. A plan amendment includes, but is not limited to, the following:
1. An interdistrict agreement between two or more districts for the purpose of managing solid waste and/or recyclables on a regional basis;
2. The designation of an in-district weighing facility(ies), if a district chooses. If a district chooses to impose a weighing requirement in order to collect any fees or charges for ensuring the payment of outstanding debt and other fee obligations, the district shall submit, within 180 days, an alternative means of collecting such fees or charges which does not rely on in-district weighing. Following submission of said plan, districts may continue to collect any fees or charges through in-district weighing pending the Department's review of the alternative method of collecting fees or charges.
3. A solid waste disposal contract entered into by the district or authority;
4. The deletion of a solid waste facility other than those listed at 7:26-6.11(b)7;
5. The identification of new or a change in the identity of existing designated plan implementation agency or agencies;
6. The method of financing solid waste management in the district, including any mechanism to be instituted by the district for ensuring the payment of outstanding debt and other financial obligations;
7. The inclusion of new facilities, including landfills, resource recovery facilities, transfer stations, materials recovery facilities, solid waste and co-composting facilities, recycling facilities for Class B (except those described at N.J.A.C. 7:26A-1.4(a) or 3.7(a)), Class C (except those identified at N.J.A.C. 7:26A-1.4(a) 13), and Class D materials, permanent household hazardous waste collection sites, and new regulated medical waste treatment, processing, and disposal facilities;
8. An increase in the amount of material received during a 24 hour period at an existing permitted solid waste facility greater than 100 tons per day.
9. A modification to any district solid waste and recycling policy and/or program, including, but not limited to, short and long-term disposal strategies, methods for achieving designated recycling goals and blanket facility inclusion policies;
10. Any increase in the solid waste disposal capacity of an existing permitted landfill other than that specified at 7:26-6.11(b)10; and
11. Any modification to the solid waste management plan as may be identified by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 6 - SOLID WASTE PLANNING REGULATIONS › Section 7:26-6.12 - Compliance with district solid waste management plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any contract or renewed contract for solid waste collection and/or disposal which is inconsistent with an amendment or approved administrative action to the applicable solid waste management plan, and which was executed prior to the approval of such amendment or approved administrative action and subsequent to December 16, 1996, and which is for a term in excess of one year, shall be renegotiated in order to bring such contract into conformance with the provisions of the amended solid waste management plan and this chapter.
1. Any solid waste collection operation or disposal facility registered by the Department and operating pursuant to a contract or a renewed contract as described in this subsection shall be deemed to be in violation of the Act and this chapter and of the district solid waste management plan if such renegotiation is not completed within 90 calendar days of the effective date of this amendment or approved administrative action, unless such solid waste collection operation or disposal facility applies to the Department, and obtains, for good cause shown, an extension of time to complete such renegotiation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules of the Department of Environmental Protection governing the disposition of appropriations from the Resource Recovery and Solid Waste Disposal Facility Fund established pursuant to P.L. 1985, c.330, c.331 and c.335. Additionally P.L. 1985, c.335 appropriated to the Resource Recovery and Solid Waste Disposal Facility Fund $ 50,000,000 from the Natural Resources Bond Fund established pursuant to P.L. 1980 c.70. Appropriations from the Fund shall be used for loans to local government units for the construction and operation of resource recovery facilities and environmentally sound sanitary landfill facilities or other approved solid waste facilities which are identified and included in a district solid waste management plan approved pursuant to the provisions of the Solid Waste Management Act, 13:1E-1 et seq. Any loan agreements which are executed pursuant to P.L. 1985 c.330, c.331 and c.335 after June 20, 1988, shall be in accordance with this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be construed so as to permit the Department to discharge its statutory functions and to effectuate the purposes of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated for the following purposes:
1. To implement the purposes and objectives of the Natural Resources Bond Act, P.L. 1980, c.70, and the Resource Recovery and Solid Waste Disposal Facility Bond Act, P.L. 1985, c.330, c.331, and c.335;
2. To establish policies and procedures for the distribution of funds appropriated from the Resource Recovery and Solid Waste Disposal Facility Fund as loans to local government units within the State to help defray the costs of constructing and operating resource recovery facilities and environmentally sound sanitary landfill facilities and other approved solid waste facilities. This includes local government unit contracts with vendors who contract with the local government unit to undertake such projects to service the local government unit's recovery and disposal needs;
3. To protect the public and the State by insuring that funds appropriated are spent in a proper manner and for the intended purposes;
4. To assure that the distribution and use of funds are consistent with the laws and policies of the State;
5. To establish minimum standards of conduct to prevent conflicts of interest and to insure proper administration of loans; and
6. To establish accounting procedures for the administration of loans.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.5 - Eligibility for project loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any local government unit is eligible to receive a loan for a resource recovery facility, environmentally sound sanitary landfill facility or other approved solid waste facility from the Fund. Only a county governing body, however, is eligible to receive a loan from moneys transferred to the Fund pursuant to P.L. 1985, c.335 from the Natural Resources Fund which was established pursuant to P.L. 1980, c.70.
(b) To receive a loan, the project shall meet the following criteria to the satisfaction of the Department:
1. The project for which the loan application is being made has been included (by lot and block number, by type of technology, for example, landfill, mass burn, composting, etc.) in the appropriate district solid waste management plan adopted and approved in accordance with 13:1E-1 et seq.;
2. If applicable, the project shall have received the approvals required under 13:1E-26; and
3. The local government unit shall not be in current default on any State loan. If a local government unit is in current default on a State loan, a Fund loan pursuant to this subchapter will not be executed between the Department and the local government unit unless the Department determines that repayment of the defaulted loan will be received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.6 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No loan shall be awarded until an appropriation is made by the Legislature for the project to be financed. Upon receipt of notice from the Legislature that an appropriation has been made, the Department shall transmit a non-governmental use determination questionnaire (questionnaire) to the local government unit for which an appropriation was made.
(b) Each questionnaire shall be submitted to the Department on forms available from the Department for that purpose.
(c) Each questionnaire submitted to the Department shall include the following information:
1. The name, address and description of the project or facility;
2. A list of the individuals or entities with an ownership interest in the project of facility, including the percentage of the facility owned by such individual or entity;
3. A description of the function performed and/or the contributions made by such individuals and entities on behalf of the project or facility; and
4. A detailed summary of the proposed project or facility, including the estimated costs of each phase of such project of facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.7 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
All questionnaires and other submissions, when received by the Department, are public records pursuant to 47:1A-1 et seq. The Department shall make them available to persons who so request, to the extent required by New Jersey and/or Federal law and consistent with the confidentiality provisions therein.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.8 - Loan terms and administration of disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following requirements apply to the amount of, interest rate on and maturity period of the loan:
1. Loan amounts shall be established and appropriated by the Legislature of the State of New Jersey.
2. Loan proceeds may be used to pay any project costs authorized in the loan agreement, which agreement shall be consistent with the provisions of the 1985 Act and this subchapter.
i. Loan proceeds may be used for project costs associated with the construction and/or the operation of resource recovery facilities and/or environmentally sound sanitary landfill facilities and/or other approved solid waste facilities to service the needs of local government units.
ii. Loan proceeds may be used directly by the local government unit to undertake project costs associated with the development of a resource recovery and/or environmentally sound sanitary landfill facility and/or other approved solid waste facility.
iii. Loan proceeds may be used by the local government unit to defray project costs associated with an agreement it has entered into with a vendor.
iv. Loan proceeds may be used to pay any operation and maintenance costs after project completion as well as the costs of any debt service associated with the development, construction or operation of the project.
3. The interest rate on the loans shall be dependent upon legislation and/or the financial condition of the Fund. The loan interest rate shall be established annually by the State Treasurer.
4. The loan maturity period shall be for a period of not more than 23 years from the date the funds are delivered to the escrow agent by the Department. Repayment shall begin no later than the fourth year of the loan maturity period or one year following the initiation of full scale operation of the facility, whichever comes first. Equal semi-annual loan repayments shall be made starting on or before the first of February and August for every year that repayments are due. The Department may, at its discretion, negotiate an individual repayment schedule. Principal and accrued interest, if applicable, may be prepaid without penalty prior to the end of the loan maturity period. Partial repayment shall be applied on a pro rata basis to reduce all subsequent payments.
5. There shall be due and owing by the local government unit to the Fund a late fee of five percent of any payment when such payment is 15 calendar days or more past due, 10 percent of any payment when such payment is 30 calendar days or more past due. Failure of the local government unit to make any repayment within 45 calendar days of the scheduled repayment date shall constitute default of the loan agreement and all outstanding principal, interest and penalty amounts shall become immediately due and owing to the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.9 - Payment procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The escrow agent shall only make payments in accordance with the escrow agreement which shall be consistent with the loan agreement and this subchapter. A retainage may be held in accordance with the loan agreement.
(b) The escrow agent shall certify that all disbursements from the account will be made strictly in accordance with the escrow agreement, the loan agreement and this subchapter. The form of certification shall be subject to Department approval and shall be attached to the loan agreement and be made a part thereof.
(c) The borrower shall submit a requisition to the escrow agent which sets forth the amount of the requested disbursement and the purposes for which the money to be used. The borrower shall certify that the money requisitioned will be used in accordance with the loan agreement and this subchapter. The requisition and certification shall be signed by the individual vested with such authority by the local government unit. The form of requisition and certification shall be subject to Department approval and shall be attached to the loan agreement and made a part thereof.
(d) through (g) (Reserved)
(h) In the event that no monies are requisitioned by the borrower or disbursed from the escrow account within one year of the loan closing date of the loan agreement, all monies in the escrow account, including all investment earnings from the monies in the escrow account, shall revert to the Fund and be credited as repayment of the principal of the loan by the borrower.
(i) In those cases in which the Department is to act as escrow agent pursuant to 7:26-14A.11(b)5, all requirements of this section shall apply to the Department except that (c) above, shall not apply. Whenever in this section reference is made to an escrow agent as a separate entity from the Department, the same term shall mean and refer to the Department which shall then carry out all functions of the escrow agent.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.10 - Loan agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may impose conditions precedent as may be necessary and appropriate to implement the laws of the State and effectuate the purpose and intent of the 1980 and 1985 Acts which conditions shall include, but not be limited to, the following:
1. The borrower shall submit proof that it and its contractors and subcontractors will comply with any hazard insurance requirements of the loan agreement and that it will be able to certify that the insurance is in full force and effect and that the premiums have been paid;
2. The borrower shall certify that it and its contractors and subcontractors are maintaining their financial records in accordance with generally accepted accounting principles;
3. The borrower shall certify that it and its contractors and their subcontractors will comply with the discrimination and affirmative action provisions of 10:2-1 through 10:2-4, the New Jersey Law Against Discrimination (10:5-1 et seq.), and the rules promulgated pursuant thereto, including but not limited to N.J.A.C. 17:27-1 et seq.; the New Jersey Prevailing Wage Act, 34:11-56.2 5 through 34:11-56.46; the Civil Rights provisions of 10:1-1 et seq. and the rules promulgated pursuant thereto; and
4. The borrower shall certify in accordance with N.J.A.C. 7:26-14A.24 that it is in compliance with all other requirements and conditions of the loan agreement and this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.11 - Effect of loan agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of execution of the loan agreement by the Department and the borrower, the loan shall become effective and shall constitute an obligation of the Resource Recovery and Solid Waste Disposal Facility Fund in the amount and for the purposes stated in the loan agreement.
(b) The award of the loan shall not commit or obligate the Department to award any continuation loan or future loans. The Department shall not in any way be held responsible for the borrower's use of loan funds.
(c) A determination of eligibility by the Department shall not be used as a defense, by the borrower, to any action by any agency for the borrower's failure to obtain all requisite permits, licenses and operating certificates.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.12 - Repaid funds

Current through Register Vol. 56, No. 14, July 15, 2024
All loan repayments and any interest on loans shall be deposited into the Fund. Upon a specific legislative appropriation, the Department may lend all moneys deposited in the Fund to local government units to finance other approved resource recovery or environmentally sound sanitary landfill facility or other approved solid waste facility projects in accordance with P.L. 1985, c.330.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.13 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The borrower shall administer loans, acquire property, award contracts and subcontracts pursuant to the loan agreement from bribery, graft, and other corrupt practices. The borrower bears the primary responsibility for the prevention, detection and cooperation in the prosecution of any such conduct. The State may also pursue administrative or other legally available remedies.
(b) The borrower shall pursue available judicial and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices. The borrower shall immediately notify, in writing, the Division of Sustainable Waste Management when such allegation or evidence comes to its attention, and shall periodically advise the Division of the status and ultimate disposition of any related matter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.14 - Administration and performance of loan

Current through Register Vol. 56, No. 14, July 15, 2024
The borrower bears primary responsibility for the administration and use of loan proceeds. Although borrowers are encouraged to seek the advice and opinion of the Department on problems that may arise, the giving of such advice shall not shift the responsibility for final decisions from the borrower to the Department. The primary concern of the Department is that loan funds awarded be used in conformance with this subchapter and the loan agreements to achieve loan objective and to insure that the purposes set forth in the Resource Recovery and Solid Waste Disposal Facility Bond Act of 1985 are fully executed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.15 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The borrower and its contractors and subcontractors shall provide to Department personnel and any authorized representative of the Department access to the facilities, premises and records related to the use of loan funds. The borrower shall submit to the Department such documents and information as requested by the Department. The borrower, and all contractors and subcontractors which contract directly with the borrower or receive a portion of the State funds under the Acts, may be subject to a financial audit as to the use of the State funds. Records shall be retained and be made available to the Department for a minimum of three years after submission of the final requests for payment.
(b) The loan agreement shall contain provisions which set forth the access requirements of (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.17 - Publicity and signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Press releases and other public dissemination of information by the borrower concerning the project work shall acknowledge State loan support.
(b) A project identification sign, at least eight feet long and four feet high, bearing the emblem of the New Jersey Department of Environmental Protection shall be displayed in a prominent location at each publicly visible project site and facility. The sign shall identify the project, State loan support, and other information as required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.18 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No borrower shall enter into a contract related to the development of a project for work with any person debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2.
(b) Borrowers shall insert in every contract related to the development of a project a clause stating that the contractor may be debarred, suspended or disqualified from contracting on any project financially assisted by the State or the Department if the contractor commits any of the acts listed in 7:1D-2.2.
(c) The borrower, prior to acceptance of State funds, shall certify that no contractor or subcontractor is included on the State Treasurer's List of Debarred, Suspended and Disqualified Bidders as a result of action by a State agency other than the Department.
(d) Whenever a bidder is debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2, the borrower may take into account the loss of Department loan funds under these rules which result from awarding a contract to such bidder, in determining whether such bidder is the lowest responsible bidder pursuant to law; and the borrower may advise prospective bidders that these procedures will be followed.
(e) Any person included on the Treasurer's List of Debarred, Suspended or Disqualified Bidders as a result of action by a State agency other than the Department, who is or may become a bidder on any contract which is or will be funded by a loan under this subchapter, may present information to the Department on why this section should not apply to such person. The Commissioner, pursuant to N.J.A.C. 7:1D-2, may grant an exception from the application of this section with respect to a particular contract. The Commissioner may only take this action following a determination that such an exception is essential to the public interest and after filing a finding thereof with the Attorney General. In the alternative, the Department, pursuant to N.J.A.C. 7:1D-2, may suspend or debar any such person, or take such action as may be appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.19 - Termination of loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Termination of loans by the Department shall be as follows:
1. The Department may terminate a Fund loan in whole or in part for events of default which shall include but not be limited to:
i. Failure to comply with any of the terms and conditions of the loan agreement;
ii. A determination that the loan was obtained by fraudulent practices;
iii. Gross abuse or corrupt practices in the administration of the project have occurred;
iv. Funds have been expended for non-allowable costs; and/or
v. Failure to comply with a corrective action/correction schedule entered into pursuant to (a)4 below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.20 - Certifications

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever in this subchapter a certification is required pursuant to this section, such certification shall include the following statement:
"I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines and/or imprisonment. I understand that, in addition to criminal penalties, I may be liable for a civil administrative penalty as set forth at N.J.A.C. 7:26-5 and that submitting false information may be grounds for denial, revocation or termination of any solid waste facility permit or vehicle registration for which I may be seeking approval or now hold."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.21 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall decide in writing all disputes arising under a loan.
(b) A borrower may request an administrative hearing within 15 days of a written decision by the Department. Such hearings shall be addressed 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.
(c) Following receipt of a complete request for a hearing pursuant to (b) above, the Department may attempt to informally settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.
(d) If the Department determines the matter to be a contested case, the Department shall file the request for an administrative hearing with the Office of Administrative Law. Such hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 14A - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL FACILITY LOANS › Section 7:26-14A.22 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision, clause or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules of the Department governing the disposition of grants and loans pursuant to the Recycling Act, N.J.S.A. 13:1E-92 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall be liberally construed as to permit the Department to discharge its statutory functions and effectuate the purposes of the law.
(b) The Commissioner may, from time to time, amend, expand or repeal this subchapter in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.3 - Practice where these rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner shall exercise discretion in respect to any matters not explicitly covered by this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.5 - Application and award procedure for Recycling Tonnage Grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible applicants for Recycling Tonnage Grants shall be limited to municipalities and/or counties in the State of New Jersey, except that a municipality or county may, upon vote of the appropriate governing body, authorize a regional recycling coalition to apply on its own behalf, provided that:
1. All materials recycled within a municipality or county and claimed for the purposes of this Act shall be submitted on one application form.
2. The applicant has conformed to all restrictions, prohibitions and obligations of the Act as set forth therein and in this subchapter, including but not limited to the following:
i. Grant funds shall not be used for the purchase, construction or operation of equipment or machinery that will be used to bale waste paper or to shear, bale or shred ferrous or non-ferrous metals.
ii. No municipality shall enact an ordinance which requires that recyclable materials already collected and recycled under a contract between a commercial source and a recycling business or industry be collected instead by the municipality or its agent, if such contract is in existence on the effective date of such ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.6 - Application and award procedures for Recycling Business Loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This portion of the Act shall be administered jointly by the Department and the EDA.
(b) Eligible applicants for Recycling Business Loans shall be limited to recycling businesses and industries located in or planning to locate in New Jersey which are engaged in converting recyclables into a raw material, other than energy, processing recyclables to meet final use specifications, or separating commingled recyclables for resale to a market. Applicants shall conform to all restrictions, prohibitions, and obligations of the Act, applicable EDA regulations and guidelines, and all other relevant acts as set forth therein and in this subchapter.
(c) Applications may be made at such times as announced and on such forms as provided by the Department and shall be submitted in triplicate to:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
Bureau of Solid Waste Planning and Licensing
Mail Code 401-02C
PO Box 420
401 East State Street
Trenton, New Jersey 08625-0420
(d) Loans and loan guarantees may be used for the creation or expansion of any legitimate commercial activity involved with the collection, separation, transportation, processing or conversion of recyclable materials as determined by the Department and EDA.
(e) Loans and loan guarantees shall be awarded in accordance with such terms and conditions as set forth by the Department and EDA. No single applicant or project may receive a loan or loan guarantee for less than $ 50,000 or for more than $ 500,000. The maximum may be exceeded for certain projects which are deemed necessary by the Department in order to reach the State's recycling goals set forth in the State Solid Waste Management Plan Update: 1993-2000 (Update).
(f) Loans and loan guarantees shall be awarded on a competitive basis.
1. The application shall demonstrate, at a minimum, that:
i. The project promotes the goals and objectives set forth in the State Recycling Plan and applicable district solid waste management plans;
ii. All necessary permits have been obtained or applied for;
iii. The goals, objectives and implementation strategy of the project are clearly stated;
iv. The type, quantity and value of recyclable material to be recovered by the project are reasonable in relation to the investment required;
v. The applicant is able to repay the loan;
vi. The applicant has previous experience in recycling;
vii. The applicant has the ability to manage the project;
viii. The project substantially increases the quantity of recyclable material removal from the waste stream for recycling; and
ix. Only source separated recyclable materials will be received, stored, processed or transferred at the facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.7 - Application and award procedures for Planning and Programs Grants and Education Grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to further restrictions contained in (c) below the following shall be eligible to apply for and receive either or both Program and Planning Grants and Education Grants, unless specifically limited to Program and Planning Grants alone or Education Grants alone:
1. Counties, provided that the county has a recycling coordinator during the grant period;
2. Municipalities, provided that the project is not inconsistent with the appropriate county solid waste district management plan(s);
3. Regional recycling coalitions, provided that an ordinance or resolution, as appropriate authorizing application and funding has been approved by the appropriate governing bodies of the coalition members, and that the project is not inconsistent with the appropriate county solid waste district management plan(s);
4. Non-profit groups involved directly with the implementation of recycling or litter abatement programs, provided that the project is not inconsistent with the appropriate county solid waste district management plan(s). Non-profit groups shall be eligible to apply only for Education Grants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.8 - Application and award procedure for Supplementary Projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in its discretion, make available any or all of the monies in the Program and Planning Fund and in the Education Fund which are not used for the grants specified in 7:26-15.7 for Supplementary Projects involving recycling research, program development, program implementation and other related activities. Supplementary Projects may be developed by the Department on its own initiative or in response to proposals submitted by public or private entities.
(b) Awards for Supplementary Projects shall be made giving due consideration to the qualifications of the applicants in view of the nature of the projects. Awards may be made by the Department as grants, contracts, or other forms of disbursement as appropriate for the particular Supplementary Project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.9 - Execution of award documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As concerns Recycling Tonnage Grants, the Department shall prepare and transmit an original and three copies of the award document to the applicant. The applicant shall execute the award document and return it to the Department with an ordinance or resolution of the appropriate governing body, authorizing the signing of the document, naming the person authorized to sign the document and committing the applicant to use the funding in accordance with the terms and conditions of the award document, this subchapter and the Act.
(b) As concerns Planning and Program Grants and Education Grants, the applicant shall submit the spending plan with an ordinance or resolution of the appropriate governing body, authorizing the signing of the spending plan, naming the person authorized to sign the spending plan and committing the applicant to use the funding in accordance with the terms and conditions of the spending plan, this subchapter and the Act.
(c) As concerns loans or loan guarantees made pursuant to the Act, the applicant shall execute the award document. The award document shall be executed by the person(s) having authority to commit the entity receiving the monies to the terms and conditions of the loans or loan guarantees.
(d) The award document shall be deemed to incorporate all requirements, provisions, and information in this subchapter, the Act and all documents and papers submitted to the Department in the application process.
(e) At the time of execution of the award document by the Department and the applicant, the grant, loans or loan guarantees shall become effective and shall constitute an obligation on the Recycling Fund in the amount and for the purposes stated in the award document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.10 - Unused monies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All monies which remain unused or unexpended by the Department at the close of the calendar year or which have been withheld or rescinded by the Department shall remain with or be returned to the Fund.
1. Unused monies derived or allocated from the Recycling Grant Fund, Recycling Business Fund or Education Fund shall be added to their respective Funds.
2. Unused monies derived or allocated from the State Program Fund and Planning and Program Fund may be added to their respective funds or to any of the funds in (a)1 above, as the Department in its discretion deems appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.11 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person or corporation who is debarred, suspended or disqualified from State contracting pursuant to N.J.A.C. 7:1D-2 shall be ineligible to receive State grants, loans or loan guarantees under this subchapter, whether directly or through a contract with a recipient of the State Fund monies.
(b) Recipients shall insert in every contract for work on a project a clause stating that the contractor may be debarred, suspended or disqualified from contracting with the recipient if the contractor commits any of the acts listed in 7:1D-2.2.
(c) Bid specifications prepared by the recipient shall require submission of a sworn statement by the bidder, or an officer or partner of the bidder, indicating whether or not the bidder is, at the time of the bid, included on the State Treasurer's List of Debarred, Suspended and Disqualified Bidders as a result of action by a State agency other than the Department.
(d) Any person included on the Treasurer's List as a result of action by a State agency other than the Department, who is or may become a bidder, or any contractor who is or will be funded by a grant or loan under this subchapter may present information to the Department, indicating why this section should not apply to such person. If the Commissioner determines that an exception is essential to the public interest and files a finding thereof with the Attorney General, the Commissioner may grant such exception in keeping with the provisions of 7:1D-2.9.
(e) The Department may suspend or debar any such person, or take such other action as may be appropriate pursuant to N.J.A.C. 7:1D-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.12 - Discriminatory practices

Current through Register Vol. 56, No. 14, July 15, 2024
The applicant shall certify that its contractors and their subcontractors are in compliance with the discrimination and affirmative action provisions of 10:2-1 to 10:2-4 and the rules and regulations promulgated pursuant thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.13 - Procedure for withholding or rescission of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in addition to any other rights or remedies available pursuant to law, withhold a grant or any portion thereof, for good cause which shall include, but not be limited to, the following:
1. Failure to comply with the provisions of this subchapter, the Act or other applicable State laws or regulations;
2. Failure to meet any condition or specification of the grant;
3. Submission of false or misleading information to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.14 - Return of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient of a grant which has been withheld or rescinded by the Department shall refund or credit to the Department the amount of grant monies withheld or rescinded.
(b) The Department shall, upon receipt of the monies, return same to the appropriate Fund in accordance with the provisions of 7:26-15.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.15 - Procedure for termination of loans and loan guarantees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Loans and loan guarantees authorized or created by the Act may be terminated by the EDA according to the procedures and guidelines established by that agency in the event of default by the holder of the loan. The term default shall include, but not be limited to:
1. Non-payment or failure to make timely repayment of the loan;
2. Bankruptcy by the holder of the loan;
3. Use of loan or items financed by the loan for purposes other than those stated in the application;
4. Failure to comply with the provisions of this subchapter, the Act or other applicable State laws or regulations; or
5. Submission of false or misleading information to the Department or EDA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 15 - RECYCLING GRANTS AND LOANS PROGRAM › Section 7:26-15.16 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining portions of this subchapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 16 - SOLID AND HAZARDOUS WASTE LICENSING AND REVOCATION- DISCLOSURE STATEMENTS AND INTEGRITY REVIEW › Section 7:26-16.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter 16 implements P.L. 1983, c.392 (13:1E-126 et seq.), and the public policy declared therein to preclude from participation in the solid and hazardous waste industries persons with known criminal records, habits, or associations, and to exclude or remove from positions of authority or responsibility in those industries any person known to be so deficient in reliability, expertise or competence that his or her participation would create or enhance the danger of unsound, unfair or illegal practices, methods or activities in the business of those industries.
(b) This subchapter applies to any proceeding involving the issuance, approval, termination or revocation of any approved registration or equivalent authorization to operate a solid waste or hazardous waste business in New Jersey, including any temporary operating authorization, hazardous waste transporter license, or hazardous waste facility permit.
(c) All subcontractors and prime contractors, as defined under 7:26-3.2(a)1, are subject to the registration requirements of 13:1E-1 et seq. and to 13:1E-126 et seq. and to this subchapter.