N.J. Admin. Code § 7:1E-4.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:1E-4.6 - Approval and conditional approval of plans

(a) The Department shall act to approve or deny approval of a complete submission of a DPCC and DCR plan, pursuant to 7:1E-4.5, within 180 days of receipt.

(b) The Department may conditionally approve a plan if the map required pursuant to 7:1E-4.2(b)7 is not in the format prescribed by 7:1E-4.10(c) or if the maps required pursuant to 7:1E-4.2(b)8 or 9 are incomplete or are not in the format prescribed by 7:1E-4.10. The Department shall grant such conditional approval if the Department determines that:

1. The plan otherwise satisfies all of the requirements of this subchapter; and

2. The owner or operator is making a good faith effort to provide complete, acceptable maps.

(c) The conditional approval under (c) above shall set forth a date on which the conditional approval will expire unless the owner or operator has provided maps which satisfy the requirements of 7:1E-4.10.

(d) The owner or operator shall demonstrate financial responsibility pursuant to N.J.A.C. 7:E-4.4 by the time the Department acts to deny or approve a DPCC or DCR plan pursuant to (a) above. If the owner or operator demonstrates to the satisfaction of the Department that none of the methods of financial responsibility set forth in 7:1E-4.4 is practicable to him or her, and that a good faith effort has been made to secure financial responsibility in the full aggregate amount, the Department shall:

1. Conditionally approve the plan; or

2. Establish an alternate minimum amount of financial responsibility pursuant to 7:1E-4.4(b).

(e) A conditional approval under (e) above shall set forth a date on which the conditional approval will expire unless the owner or operator has demonstrated financial responsibility in compliance with the requirements of 7:1E-4.4.

(f) Implementation of the DPCC and DCR plans shall begin immediately upon receipt of the Department's approval.

(g) The major facility shall keep a copy of the approved or conditionally approved plan onsite at all times.

N.J. Admin. Code § 7:1E-4.6

Amended by R.1996 d.252, effective 6/3/1996.
See: 27 N.J.R. 2337(a), 27 N.J.R. 2882(a), 28 N.J.R. 2858(a).
Recodified from 7:1E-4.7 and amended by R.1996 d.462, effective 10/7/1996.
See: 28 N.J.R. 2730(a), 28 N.J.R. 4424(b).
Former N.J.A.C. 7:1E-4.6, "Preparation and submission of plans", recodified to 7:1E-4.5.
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
Rewrote (a); deleted former (b); recodified former (c) through (g) as (b) through (f); rewrote (b); deleted former (h); and recodified former (i) as (g).
Administrative correction.
See: 39 N.J.R. 1710(a).