reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.5 - Substitution, exchanges, or transfers of licensed oyster dredge vessels; license renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns a vessel validly licensed pursuant to 50:3-1 may substitute a new vessel for the previously licensed vessel, except that no substituted vessel shall have a greater gross tonnage than the previously licensed vessel.
(b) Two persons owning vessels validly licensed pursuant to 50:3-1 may exchange their vessels with the approval of the Commissioner and the Council and be exempt from the tonnage limitation set forth in (a) above.
(c) A person replacing or transferring ownership of the person's licensed oyster vessel shall do one of the following:
1. File a notarized Statement of Intent with the Department indicating that he or she has sold the vessel and wishes to replace it with another vessel within one year. If transfer of the license to the replacement vessel is to occur after the expiration date of the current license, the license holder shall renew the license prior to expiration and pay the annual license fee specified in 7:25A-1.4(f)  to retain the right for the license to be transferred;
2. File a notarized Statement of Intent with the Department indicating that the person will waive all rights and conditions of that license, not apply for a replacement license, and transfer the right to a license with the vessel to its new owner who shall meet all statutory and regulatory criteria for licensing. If transfer of the licensed vessel is to occur after the expiration date of the current license, the license holder shall renew the license prior to expiration and pay the annual license fee specified in 7:25A-1.4(f)  to retain the right to the licensed vessel to be transferred; or
3. File a notarized Statement of Intent with the Department indicating that the person wishes to consolidate up to five additional licenses and all or the remaining amount of annual harvest quotas of licensed oyster dredge vessels to a designated harvest vessel in accordance with 7:25A-1.4. The Statement of Intent shall include all information specified at 7:25A-1.4(e)2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.6 - Leasing of Section E

Current through Register Vol. 56, No. 14, July 15, 2024
The owner of an operable vessel which is licensed to dredge oysters pursuant to 50:3-1 may lease ground in Section E upon application and approval of the Council.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.7 - Expiration and renewal of Section E lot leases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Section E lot lease will expire at the end of the calendar year in which it was issued. Lease holders or their heirs and assigns will have the option to renew each year.
(b) Nothing in this chapter shall be construed to affect the exclusive power of the Council, subject to approval by the Commissioner, to lease shellfish ground as defined in 50:1-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.8 - Fees; Oyster Resource Development Account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 50:1-18(e), the Commissioner, in consultation with the Council, shall fix the fee for all oysters harvested from the Delaware River, Delaware Bay and their tributaries, with the exception of the leased areas. The fee for all oysters harvested from the Delaware River, Delaware Bay and their tributaries, with the exception of the leased areas, shall be $ 2.00 per bushel. The fee pursuant to this section will be collected by the Division prior to harvest through the purchase of tags from the Division's Delaware Bay Office.
(b) The fee imposed pursuant to this section, except as may otherwise be provided by law, shall be collected by and allocated to the Division and shall be deposited in the Oyster Resource Development Account, established pursuant to section 8 of P.L. 1996, c. 112 (23:3-12.2 ). The fees shall be disbursed only for the enhancement and management of the oyster resource from the Delaware River, Delaware Bay and their tributaries in the amounts and manner prescribed by the Commissioner after consultation with the Council.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.9 - Designation of landing sites

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All oysters harvested from Delaware River, Delaware Bay and their tributaries shall be landed at one of the following designated landing sites: the Maurice River section of Commercial Township, the Cohansey River section of Greenwich Township, Fortescue Creek or the area known as Money Island on Nantuxent Creek.
(b) No oysters shall be landed except at designated landing sites. A list of designated landing sites will be posted at the Division's Delaware Bay Office.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.10 - Requirements and conditions for commercial harvest of oysters with tongs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall catch, take or attempt to catch or take by tonging or by any hand-operated device any oysters in the Delaware River, Delaware Bay and their tributaries without first obtaining a commercial shellfish license required by 50:2-2 and, if applicable, oyster harvest tags as described in (c) below. In specific areas of the Delaware River, Delaware Bay and their tributaries, as described at 50:3-14 and 50:3-16.3, oysters may be harvested by hand tongs only.
(b) The commercial harvest of oysters with tongs from Delaware River, Delaware Bay and their tributaries, excluding the leased areas, shall be subject to the following requirements.
1. All oysters harvested using tongs shall be landed in their shells and shall be containerized in one-bushel containers. Each container shall be tagged with tags obtained from the Division. Tags shall be affixed to containers immediately upon use, regardless of the volume of oysters placed in the container. Tags shall be used sequentially as issued. Tags shall remain in place until the oysters are landed and officially delivered for sale by the harvester to the oyster dealer, at which point the exact number of bushels offloaded shall be recorded on the oyster dealer's weekly report as described in 7:25A-1.12.
2. No container shall be tagged prior to being filled with oysters. Tags affixed to empty containers shall be subject to removal and confiscation by Division personnel. No empty container with tags affixed shall be placed onboard any vessel being prepared to harvest oysters.
3. A harvester, or any other person aboard any vessel employed in the harvesting of oysters with tongs, shall immediately comply with instructions and signals issued by an authorized law enforcement officer or other Division representative and comply with his or her instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, and catch for the purpose of enforcement of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.11 - Commercial shellfish license records required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All commercial shellfish license holders harvesting oysters with tongs from the Delaware Bay, Delaware River and their tributaries, excluding the leased areas, shall provide to the Division weekly oyster harvest reports on forms supplied by the Division. Weekly reports shall include the following information:
1. The name of the license holder and the commercial shellfish license number;
2. The harvest dates and, for each date, the numbers of bushels harvested, the corresponding tag numbers and the name of the area of harvest;
3. For each harvest date, the designated landing site at which the oysters were landed and the name of the oyster dealer to whom the oysters were sold; and
4. The name and signature of the license holder attesting to the validity of the report.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.12 - Oyster dealer records required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each oyster dealer receiving oysters harvested from the Delaware River, Delaware Bay, and their tributaries shall provide to the Division weekly oyster dealer reports containing the information specified in (b) below on forms supplied by the Division.
(b) Whenever oysters are delivered for sale by the harvester to the oyster dealer, the oyster dealer shall make an entry on the weekly oyster dealer report form obtained from the Division noting the date, oyster dredge vessel license number, oyster planter license number or commercial shellfish license number, and the number of bushels landed by the harvester and received by the oyster dealer. Each entry shall be signed by the oyster dealer.
(c) Weekly oyster dealer reports shall be submitted to:
Delaware Bay Office
New Jersey Department of Environmental Protection
Division of Fish and Wildlife
1672 E. Buckshutem Road
Millville, NJ 08332
(d) Weekly oyster dealer reports must be received by the Division no later than five business days after the end of the week during which oysters were purchased.
(e) Division personnel may inspect the premises of any dealer and, in accordance with 23:2B-9, inspect any report including entries referred to in (b) above.
(f) The renewal of an oyster dealer license is specifically conditioned on the compliance by the licensee with all the requirements of this chapter. The Department shall not renew an oyster dealer license for a licensee who has not submitted the required weekly reports in a timely fashion, as specified in this section.
(g) Disclosure of information provided in an oyster dealer's weekly report submitted to the Division is subject to the limitations and requirements of 23:2B-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.13 - Signatories; certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant or licensee shall, upon submission of any report or application required under this chapter, sign the following certification on the application or report form:
1. "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 penalties for submitting false, inaccurate or incomplete information and significant penalties, including fines and/or imprisonment, for submitting false, inaccurate or incomplete information or information which I do not believe to be true."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.14 - Penalties and remedies for violations

Current through Register Vol. 56, No. 14, July 15, 2024
Violation of any provision of this chapter, or any license or order issued pursuant to it, shall subject the harvester and license holder to the applicable penalties and remedies established under 23:2B-14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.15 - Requests for adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, subject to the limitation on third party appeal rights set forth in P.L. 1993, c. 359 (52:14B-3.1 through 3.3), who believes himself or herself to be aggrieved with respect to a license and/or permit decision made by the Department under this chapter may request an adjudicatory hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) A request for an adjudicatory hearing must be received by the Department within 30 calendar days after the person requesting the hearing receives notice of the Division's decision. If the Department does not receive a hearing request within the allotted time, it shall deny the hearing request.
(c) A person requesting a hearing shall provide the following information in writing to the Department at the addresses in (e) below:
1. The name, address, and telephone number of the person requesting the hearing;
2. A copy of the decision document;
3. A description of any facts or issues, which the petitioner believes constitute a defense to the decision made by the Department;
4. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;
5. An estimate of the time required for the hearing (in days and/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 25A - OYSTERS › Subchapter 2 - DIRECT MARKET HARVEST SEASON › Section 7:25A-2.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter regulates the direct market harvest of oysters from the State's natural seed beds in Delaware Bay in order to conserve, protect, manage and improve the oyster resource and industry. This subchapter provides for the direct harvest and sale of oysters from the State's natural seed beds. The direct market harvest program includes the specification of harvest times and areas, establishes an annual harvest quota, provides a mechanism for the collection of fees for oysters harvested from the State's natural seed beds, and establishes a requirement for weekly reporting by harvesters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 2 - DIRECT MARKET HARVEST SEASON › Section 7:25A-2.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to all taking, attempting to take, harvesting, or dredging of oysters during a designated direct market harvest season in State waters, except for the harvest of oysters for research, inventory or educational activities conducted under a scientific collecting permit issued by the Division pursuant to 23:4-52.
(b) Compliance with this subchapter shall not exempt any person from compliance with the Shellfish Growing Water Classification rules, N.J.A.C 7:12, under authority of 58:24-1 et seq., the Shellfish rules of the State Department of Health and Senior Services at N.J.A.C. 8:13, or with any applicable Federal or State law or rule.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 2 - DIRECT MARKET HARVEST SEASON › Section 7:25A-2.4 - Direct market harvest season; closed harvest areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, shall determine the season for the direct market harvest of oysters from the State's natural seed beds. The annual season for direct market harvest of oysters from the State's natural seed beds in Delaware Bay shall open no earlier than April 1 and close no later than November 30. Specific opening and closing dates shall take into account temperatures and other environmental conditions present that year. Notice of the open and close dates for each season, as well as any conditions attendant to the opening of the season, shall be provided by first class mail to each oyster dredge vessel license holder participating in the direct market harvest program.
(b) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, may open or close certain oyster beds or groups of oyster beds as may be necessary for the conservation of the oyster resource and the preservation of the oyster industry. Notice of the opening or closure of oyster beds or groups of oyster beds shall be provided by first class mail to each oyster dredge vessel license holder participating in the direct market harvest program. A list of closed areas will be posted at the Division's Delaware Bay Office.
1. It shall be illegal to harvest oysters from any closed areas or beds.
2. It shall be prima facie evidence of the violation of (b)1 above if any vessel is observed by Radar or Global Positioning System or other reliable means to be on closed beds with dredge in water.
3. The Division shall furnish coordinates to all eligible license holders of any boundary line or lines of closed areas established in consultation with the Council.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 2 - DIRECT MARKET HARVEST SEASON › Section 7:25A-2.5 - Direct market harvest limitations; quota; control dates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, shall establish annually a season quota for the direct market harvest of oysters from the State's natural seed beds above the southwest line.
(b) The Division, in consultation with the Council, may establish control dates for the annual direct market harvest season, which may include deadlines by which license holders must indicate their intention to participate in that year's direct market harvest program. Subsequently, the annual direct market harvest quota, as described at (a) above, shall be divided equally by the number of license holders indicating their interest in participating in the harvest by the established control date.
(c) In order to maximize utilization of the annual direct market harvest quota, the Division, in consultation with the Council, may establish other control dates by which all or portions of a harvester's annual tag allotment (described at 7:25A-2.6 ) must be purchased.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 2 - DIRECT MARKET HARVEST SEASON › Section 7:25A-2.6 - Fees; tags; transfers of tags; refunds prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As described at 7:25A-1.8(a), oyster dredge boat license holders shall pay a landing fee of $ 2.00 for each bushel of oysters harvested by purchasing tags to be attached to each container. Tags will be available from the Division's Delaware Bay Office. One-bushel tags will be available in batches of 200 or more, unless a lesser amount is needed to fulfill an oyster dredge vessel's annual tag allotment prior to the close of a season. Twenty-four-bushel bulk tags will be available in batches of eight or more, unless a lesser amount is needed to fulfill an oyster dredge vessel's annual tag allotment prior to the close of a season. Tags provided under this section shall be valid only for the season for which they are issued and are non-transferable. Refunds will not be given for unused tags, unless harvest for the direct market harvest season is terminated or suspended by the Division.
(b) Only owners of vessels that are propelled under their own motive power are eligible to purchase tags and harvest oysters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 2 - DIRECT MARKET HARVEST SEASON › Section 7:25A-2.7 - Direct market harvest records required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All oyster dredge vessel license holders shall provide to the Division weekly direct market harvest reports on forms supplied by the Division. Weekly reports shall include the following information:
1. The oyster dredge vessel name and oyster dredge vessel license number;
2. The harvest dates and, for each date, the numbers of bushels harvested, the corresponding tag numbers and the name of the seed bed harvested in accordance with a chart supplied by the Division;
3. For each harvest date, the designated landing site at which the direct market harvest oysters were landed and the dealer to whom the oysters were sold; and
4. The name and signature of harvester attesting to the validity of the report (see 7:25A-1.13 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 3 - OYSTER TRANSPLANT SEASON › Section 7:25A-3.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter regulates the harvest of seed oysters from the State's natural seed beds in Delaware Bay for the purpose of transplant in order to conserve, protect, manage and improve the oyster resource and industry. This subchapter provides for the transplanting of seed oysters from the State's natural seed beds directly to industry leased grounds. The oyster transplant program includes the specification of harvest times and areas as well as establishment of an annual harvest quota, provides a mechanism for the collection of fees for seed oysters harvested from the State's natural seed beds and establishes a requirement for weekly reporting by harvesters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 3 - OYSTER TRANSPLANT SEASON › Section 7:25A-3.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to the taking, attempting to take, harvesting, or dredging of oysters during a designated oyster transplant season in State waters, except for harvest of oysters under a scientific collecting permit issued by the Division pursuant to 23:4-52 for research, inventory or educational activities.
(b) Compliance with this subchapter shall not exempt any person from compliance with the Shellfish Growing Water Classification rules, N.J.A.C. 7:12, under authority of 58:24-1 et seq., the Shellfish rules of the State Department of Health and Senior Services at N.J.A.C. 8:13 or with any applicable Federal or State law or rule.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 3 - OYSTER TRANSPLANT SEASON › Section 7:25A-3.4 - Oyster transplant season; closed harvest areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, shall determine the season for the oyster transplant season. Notice of the season established as well as any conditions attendant to the opening shall be provided by first class mail to each oyster dredge vessel license holder participating in the oyster transplant program. Pursuant to 50:3-8 and 50:3-9, the oyster transplant season shall open no earlier than April 1 and close no later than June 30. Specific opening and closing dates shall take into account temperatures and other environmental conditions present that year.
(b) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, may open or close certain beds or groups of beds as may be necessary for the conservation of the oyster resource and the preservation of the oyster industry. Notice of the opening or closure of oyster beds or groups of beds shall be provided by first class mail to each oyster dredge vessel license holder participating in the oyster transplant program.
(c) Seed oysters may be taken for the purpose of planting at the times and in the manner established under (a) above on leased grounds:
1. Below the southwest line;
2. In Section E; or
3. In the Atlantic Coast Section, as described at 50:1-18(d), only on days and at times established by prior written agreement with the Division.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 3 - OYSTER TRANSPLANT SEASON › Section 7:25A-3.5 - Oyster transplant harvest limitations; quota; control dates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, shall establish annually a season quota for the harvest of seed oysters from the State's natural seed beds above the southwest line.
(b) The Division, in consultation with the Council, may establish control dates for the oyster transplant season, which may include deadlines by which license holders must indicate their intention to participate in that year's oyster transplant program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 3 - OYSTER TRANSPLANT SEASON › Section 7:25A-3.6 - Fees; tags; transfers of tags, refunds prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As described at 7:25A-1.8(a), during an oyster transplant season, oyster dredge vessel license holders shall purchase tags for the harvest of oysters at a harvest fee of $ 2.00 for each bushel of oysters harvested. Tags will be available from the Division's Delaware Bay Office. One-bushel tags will be available in batches of 200 or more. One hundred bushel bulk tags will be available in batches of two or more. Tags provided under this section shall be valid only for the season for which they are issued and are non-transferable. Refunds will not be given for unused tags, unless harvest for the oyster transplant season is unexpectedly terminated or suspended by the Division.
(b) Only owners of vessels that are propelled under their own motive power are eligible to purchase tags and harvest oysters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 3 - OYSTER TRANSPLANT SEASON › Section 7:25A-3.7 - Transplant harvest records required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All oyster dredge vessel license holders shall provide to the Division weekly oyster transplant harvest reports on forms supplied by the Division. Weekly reports shall include the following information:
1. The oyster dredge vessel name and oyster dredge vessel license number;
2. The harvest dates and, for each date, the numbers of bushels harvested, the corresponding tag numbers, the name of the seed bed harvested in accordance with a chart supplied by the Division and the section and lot number of the leased ground(s) planted; and
3. The name and signature of the harvester attesting to the validity of the report (see 7:25A-1.13 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.1 - Scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Department of Environmental Protection that govern the registration, operation, maintenance, and closure of sanitary landfills and other solid waste facilities in the State of New Jersey as may be approved by the Department; registration, operation, and maintenance of solid waste transporting operations and facilities in the State of New Jersey; a fee schedule for services provided by the Department to solid waste facilities, generators, and transporters; and the assessment of civil administrative penalties. These rules shall not apply to the following:
1. The purchase, sale, collection, storage, transport, or controlled processing of source separated or commingled source separated recyclable, recycled, or secondary nonhazardous materials, which would otherwise be handled as solid waste pursuant to this chapter for introduction or reintroduction into the economic mainstream as raw materials for further processing or as products for use, provided that such materials are free from putrescible matter and are not mixed with solid or liquid waste as defined herein. Specifically not exempted are solid waste materials (including fuel and reusable energy), or thermal destruction facilities. These rules shall not apply only if the conditions in (a)1i or ii below are met.
i. The use or reuse of material, which would otherwise become solid waste under this chapter, directly as a product or incorporated into any form of raw material to be used in the manufacturing of a product shall meet the generally accepted product specifications and standards for similar manufactured products or raw materials. The used or reused material shall not present a greater risk to human health or the environment than the use of the product or raw material it is replacing.
ii. The use or reuse of materials that would otherwise become solid waste pursuant to this chapter as fill material, aggregate substitute, fuel substitute, or landfill cover shall be approved as beneficial use pursuant to
7:26-1.7
.
iii. Specifically not exempt are those used or reuses of materials which, if released to the environment through transport, storage or other handling will cause pollution of the surface or ground water of this State or which may pose a substantial or material threat to the public health, safety or welfare in the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.2 - Construction and severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Department to discharge its statutory function.
(b) If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid in any judicial or administrative proceeding, such decision shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered, and it shall not affect or impair the remainder of this chapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.6 - Definition of solid waste

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A solid waste is any garbage, refuse, sludge, processed or unprocessed mixed construction and demolition debris, including, but not limited to, wallboard, plastic, wood, or metal, or any other waste material, except it shall not include the following:
1. Source separated food waste collected by livestock producers, approved by the State Department of Agriculture, who collect, prepare and feed such wastes to livestock on their own farms;
2. Recyclable materials that are exempted from regulation pursuant to N.J.A.C. 7:26A;
3. Materials approved for beneficial use or categorically approved for beneficial use pursuant to 7:26-1.7(g);
4. Spent sulfuric acid that is used to produce virgin sulfuric acid, provided at least 75 percent of the amount accumulated in recycled in one year;
5. Dredged material, from New Jersey's coastal or tidal waters, which is regulated under the provisions of the following statutes: New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.), Waterfront Development Law (N.J.S.A. 12:5-3 et seq.), Riparian Interests (N.J.S.A. 12:3-1 et seq. and 18:56-1 et seq.), Federal Water Pollution Control Act of 1972 as amended by the Clean Water Act of 1977 ( 33 U.S.C. §
											1251 ), and Federal Coastal Zone Management Act ( 16 U.S.C. §§
											1451 et seq.), and/or other relevant statutes and implementing regulations; or
6. Non-water-soluble, non-decomposable, inert solid, such as rock, soil, gravel, concrete, glass, and/or clay or ceramic products that do not contain concentrations of one or more contaminants that exceed the residential soil remediation standards for the soil ingestion-dermal and soil inhalation exposure pathways or non-residential soil remediation standards for the soil ingestion-dermal and soil inhalation exposure pathways, whichever is more stringent, as set forth at N.J.A.C. 7:26D, Remediation Standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.7 - Exemption from SWF permitting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 13:1E-4a, the Commissioner may exempt, from the requirement of Solid Waste Facility permitting as set forth in N.J.S.A. 7:26-2, and may grant a permanent or temporary certificate of authority to operate, with or without conditions, to these classes of solid waste collection or disposal facilities or operations which in the Commissioner's opinion meet the general and applicable specific criteria set forth in this section.
(b) The owner or operator of any facility or operation of a class exempted pursuant to this section shall comply with all conditions set forth in its certificate of authority to operate. Noncompliance with a certificate of authority to operate shall subject the holder to a penalty pursuant to 13:1E-9 and/or suspension or revocation of authority to operate.
1. The owner or operator of a facility for which authority to operate has been revoked or suspended shall be afforded the opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 51:14B-1 et seq., subsequent to the revocation or suspension. The request for a hearing shall be sent to the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail Code: 401-07A, PO Box 420, Trenton, New Jersey 08625-0420.
2. In no way shall the granting of a temporary certificate of authority to operate be interpreted as entitling the holder to final registration and engineering design approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.8 - Exemption from registration-land application and sewage sludge operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following class of solid waste operations is hereby exempted from registration as required under 13:1E-4 and N.J.A.C. 7:26.
1. Operations for the land application of non-hazardous solid waste (including wastewater and potable water treatment sludge) and storage facilities for such non-hazardous solid waste which receive:
i. A temporary emergency or final New Jersey Pollutant Discharge Elimination system (NJPDES) permit issued pursuant to N.J.A.C. 7:14A; and
ii. An approval of the assessment of the environmental impact of the proposed operation which may be included in the NJPDES permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.9 - Temporary exemption from solid waste facility permit modification procedures for permitted solid waste facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General criteria for all exemptions are as follows:
1. Any exemption granted to a permitted solid waste facility pursuant to this section shall be consistent with the purpose and intent of the Solid Waste Management Act, 13:1E-1 et seq.; and
2. No exemption shall be granted for a significant modification which will pose a threat to public health or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.10 - Transfer station facility master performance permits

Current through Register Vol. 56, No. 14, July 15, 2024
By June 16, 1997, every facility holding a transfer station master performance permit shall submit an application for a solid waste facility permit in accordance with the procedures set forth in 7:26-2.4 and 7:26-2B.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.12 - Public access to information and requirements for Department determination of confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any confidential information obtained or used in the administration of the State solid waste program shall be treated in accordance with N.J.A.C. 7:26-17.
(b) Pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., the reports submitted to the Department by transporters of regulated medical wastes pursuant to N.J.A.C. 7:26-3A.35(a) shall not be deemed to be public records and the public shall not have the right to inspect, copy, or obtain a copy of the same. Upon receipt of these reports, the Department shall keep these reports in a secure storage facility and take the appropriate measures to maintain these reports in confidence. Access to such reports shall be limited to agents, employees, and attorneys of the Department, and, in the discretion of the Department, other governmental enforcement agencies with a legitimate need to know, to local health agencies certified by the Department pursuant to N.J.S.A. 26:3A-2, or local boards of health responsible for enforcement of laws related to the collection and disposal of solid waste.
1. In order to obtain access to these reports, a certified local health agency or local board of health shall submit a written request to the Department setting forth the information requested and the reasons for the request.
2. The Department in its discretion may deny a request for a release of a report if the Department determines for any reason that granting the request would not be in the public interest.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26-1.13 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In an enforcement action, or on specific request of the Department, persons claiming that they qualify for any exclusion or exemption in N.J.A.C. 7:26 or that they are not otherwise subject to the rules in N.J.A.C. 7:26 shall demonstrate and appropriately document that they satisfy all terms of the law releasing them from the requirements of N.J.A.C. 7:26.
(b) In an enforcement action, or on specific request of the Department, persons claiming that a certain material is not a solid waste shall demonstrate and appropriately document that the material is not a solid waste.
(c) In an enforcement action, or on specific request of the Department, persons claiming that a certain material is conditionally exempt from N.J.A.C. 7:26 shall demonstrate and appropriately document that they satisfy all terms of the law that renders the material conditionally exempt from N.J.A.C. 7:26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter and N.J.A.C. 7:26A, 2B, 2C and 2D shall constitute the rules and regulations of the Department governing the disposal of nonhazardous solid wastes unless specifically exempted by 7:26-1.1, 1.7 or 1.8.
(b) This subchapter does not apply to hazardous waste. See N.J.A.C. 7:26G. However, hazardous waste facilities and activities, both major and minor, are not exempt from the requirements of registration, approval and regulation under the Solid Waste Management Act except where expressly so provided. The principal rules pursuant to the Act, governing the registration and other aspects of the regulation of such facilities and activities, are set forth elsewhere in this chapter. See also other chapters of the New Jersey Administrative Code where applicable.
(c) This subsection sets forth the specific criteria for exempting rail carriers:
1. This subchapter does not apply to a rail carrier that transfers containerized solid waste to or from rail cars. For the purpose of this subchapter, the term "rail carrier" shall mean a person as defined in 49 U.S.C. §
											10102(5) that provides common carrier railroad transportation and has been approved pursuant to 49 U.S.C. §§
											10901 or 10902, by the United States Surface Transportation Board (or its predecessor agency) or otherwise has been recognized as a rail carrier by such agency, and holds out to the general public that the operations at the facility for which the exemption under this subchapter is applicable are being conducted by it or on its behalf as part of its rail transportation services. However, a rail carrier that transfers containerized solid waste to or from rail cars is not exempt from regulation pursuant to the Solid Waste Management Act, and shall be subject to the provisions of N.J.A.C. 7:26-2D.
2. Rail carriers engaged in the business of solid waste transportation by rail or the transfer of containerized solid waste to or from rail cars, but that do not engage in the business of solid waste collection (as defined by 13:1E-3 ) by other means of transportation within the State of New Jersey, are exempted from the requirement to submit a disclosure statement pursuant to 7:26-16.3.
3. The exemptions set forth at (c)1 and 2 above shall not apply to a solid waste transporter that transports waste to a rail carrier via truck, barge or other nonrail modes. Such a transporter shall remain subject to all applicable solid waste regulations, including, but not limited to, registration and district plan solid waste flow control provisions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated for the following purposes:
1. To establish the procedure for obtaining and maintaining a solid waste facility permit;
2. To establish the submission requirements for an environmental and health impact statement (EHIS) for solid waste facilities;
3. To establish the general engineering design requirements for solid waste facilities; and
4. To establish the general operational requirements for solid waste facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.4 - Application procedures for a solid waste facility permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to preparing and submitting the application for a solid waste facility (SWF) permit, other than for facilities specified in (c) below, the applicant may schedule a pre-application conference with the Department to discuss the registration, environmental and health impact statement and engineering submission requirements and the review procedures. At least two weeks prior to the scheduled pre-application conference, the applicant should submit information in the form of reports, maps, studies and other relevant project documentation providing a sufficient basis for review by the Department. The material submitted prior to the pre-application conference may include the following:
1. A site location map plotted on a USGS topographic map;
2. A written description of the type of facility;
3. A written estimate of the proposed design capacity of the facility;
4. A written description of the type of waste to be handled;
5. A written plan establishing the tentative construction schedules;
6. A written scope-of-work outlining the proposed EHIS, geotechnical investigation or engineering design;
7. Written documentation that the facility is included in the applicable district solid waste management plan pursuant to 13:1E-23 or that an application has been submitted to the appropriate public authority seeking inclusion in the solid waste management plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.5 - Public hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall be responsible for scheduling and conducting a public hearing in reasonable proximity to the location of the proposed facility.
(b) The Department shall designate a hearing officer who shall exercise reasonable discretion in the conduct of the hearing and shall encourage general discussion of the proposed facility, including public comment on the proposed operation, tentative approval or other action to be taken by the Department.
(c) The public hearing shall be a non-adversarial hearing at which any interested person may submit oral or written statements and data concerning the proposed operation, tentative approval or other agency action.
(d) The Department may make a presentation at the public hearing, describing the proposed facility and explaining the basis for the issuance of the tentative approval or other proposed action.
(e) The applicant shall appear at the public hearing on a tentative approval and be available to answer questions regarding the proposed facility. Failure of an applicant to appear and answer relevant questions at the public hearing may result in revocation of the tentative approval and denial of the application. The applicant may make a presentation at the public hearing, describing the proposed facility.
(f) The public hearing proceedings shall be transcribed or recorded and the transcript shall be part of the administrative record.
(g) The hearing officer, to the extent feasible, shall conduct the hearing in the following manner:
1. All interested persons shall be afforded the opportunity to appear and comment at the hearing;
2. Time shall be allotted for individuals to present comments where necessary to accommodate those present and to limit repetition;
3. Testimony on irrelevant matters shall be excluded; and
4. The hearing officer shall ensure that the hearing proceeds in an orderly fashion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.7 - Duration of the permit; permit renewal requirements; continuation of an expiring permit and transfer of an existing permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permit issued pursuant to this subchapter shall be effective for a fixed term not to exceed five years except as provided in (c) and (d) below or 7:26-2.14 or 2C. A permit may be renewed in accordance with (b) below only for the duration of the facility's inclusion in the District Solid Waste Management Plan and, for sanitary landfills, provided that the permitted capacity, as specified in the approved engineering design, is not exceeded.
1. The term of a permit shall not be extended by modification beyond the maximum duration specified in this section.
2. Nothing herein shall be construed to allow the permittee to exceed the maximum permitted capacity of the facility as set forth in the SWF permit for the facility at any time during the term of the permit. Any expansion, extension, enlargement or other increase beyond permitted capacity conditions shall be considered a material and significant alteration or addition to the permitted facility or operation and shall be cause for modification or revocation of the SWF permit at the discretion of the Department in accordance with 7:26-2.6(a)4.
3. The Department may issue any permit for a duration that is less than the full allowable term under this section.