N.J. Admin. Code § 7:26-1.13

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26-1.13 - Burden of proof

(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.

N.J. Admin. Code § 7:26-1.13

New Rule, R.1990 d.65, effective 2/5/1990.
See: 21 New Jersey Register 3219(a), 22 New Jersey Register 382(a).
Amended by R.1996 d.500, effective 10/21/1996.
See: 28 New Jersey Register 1693(a), 28 New Jersey Register 4606(a).
Recodified from 7:26-1.13 and amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
Added references to specific request of the Department throughout; and in (c), substituted "an approved alternative use" for "a legal disposition". Section was "Exemption from SWF permitting--leaf composting facilities (leaves only)".
Emergency recodification from N.J.A.C. 7:26-1.11 by R.1997 d.404, effective 9/2/1997 (to expire November 1, 1997).
See: 29 New Jersey Register 4170(a).
Adopted concurrent proposal, R.1997 d.510, effective 10/31/1997.
See: 29 New Jersey Register 4170(a), 29 New Jersey Register 5084(a).