N.J. Admin. Code § 7:26-16.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26-16.3 - Licensure; filing of disclosure statement

(a) No person shall engage or continue to engage in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State without a license, or without complying with all the provisions of 13:1E-126 et seq., and with the provisions of this subchapter and of N.J.A.C. 7:26-16A. Every applicant and permittee shall file a disclosure statement with the Attorney General at the time the application is filed, unless exempted under (d) below. Applicants for siting under the Major Hazardous Waste Facilities Siting Act, 13:1E-49 et seq., shall file a disclosure statement at the time specified in N.J.A.C. 7:26-13A.6.

(b) Disclosure statements shall be filed by submitting an original and one conformed copy of all papers, including Personal History Disclosure Forms, to the Attorney General at the following address:

New Jersey Department of Law and Public Safety

Hughes Justice Complex

New Jersey Division of Law

Environmental Enforcement Section

A-901 Unit

P.O. Box 093

25 Market Street

Trenton, New Jersey 08625-0093

Payment of fees is to be made by check, payable to "Treasurer--State of New Jersey," and sent to the following address:

New Jersey Department of Treasury

Bureau of Revenue

P.O. Box 417

160 South Broad Street

Trenton, New Jersey 08625-0417

1. Additional conformed copies of disclosure statement, or any portions thereof, shall be supplied upon the request of the Attorney General.

2. Within 30 days of receipt of a disclosure statement from an applicant, the Attorney General shall advise the applicant, if the disclosure statement is incomplete on its face, and shall specify what additional information is required.

(c) Any person required to be listed in the disclosure statement, other than a nonsupervisory employee required to be listed under 7:26-16.4(a) 9, shall be fingerprinted for identification and investigation purposes in accordance with procedures established by the Attorney General.

1. Completed fingerprint cards shall be supplied by the applicant, permittee or licensee with the filed disclosure statement. The applicant, permittee or licensee shall arrange for the taking of fingerprints.

2. Fingerprints shall be supplied on fingerprint cards specified for the purpose by the Attorney General and made available by the Department. Fingerprints must be taken and verified by an employee of a police agency authorized to take fingerprints. (Most local police departments will provide this service. Some charge a fee).

(d) Exemptions: The following persons are exempted from the requirement to submit a disclosure statement:

1. Any department, division, agency, commission or authority of the Federal government or any State, or any county, municipality or agency thereof;

2. Any person whose application, permit or license is solely for the collection, transportation, treatment, storage or disposal of solid waste or hazardous waste generated by that person; provided, however, that this exemption shall not apply where the waste generated is from a facility requiring a license and not itself exempted under this subsection;

i. Example--a corporation that operates a hazardous waste treatment facility organizes a hauling subsidiary to transport its "own" waste from the facility. If the facility must file a disclosure statement, the hauling subsidiary must do so as well;

3. Any person whose application, permit or license is for the operation of a hazardous waste facility, if at least 75 percent of the total design capacity of that facility is utilized to treat, store or dispose of hazardous waste generated by that person;

4. Any person whose application, permit or license is for the operation of a hazardous waste facility which is considered as such solely as the result of the reclamation, recycling or refining of hazardous wastes which are or contain any of the following precious metals: gold, silver, osmium, platinum, palladium, iridium, rhodium, ruthenium, or copper;

5. Any person whose application, permit or license is solely for the transportation of hazardous wastes which are or contain precious metals to a hazardous waste facility described in (d)4 above for the purposes of reclamation;

6. Any person whose application, permit or license is solely for the collection, transportation, treatment, storage or disposal of granular activated carbon used in the absorption of hazardous waste; and

7. Any regulated medical waste generator for the treatment or disposal of regulated medical waste at any noncommercial incinerator or noncommercial facility in this State that accepts regulated medical waste for disposal.

(e) Where an applicant, permittee or licensee owns or operates more than one facility or operation requiring a license, or is one of two or more business concerns requiring licenses which are under common ownership or management, the business concerns may file disclosure statements concurrently as a group. In the case of such a group filing:

1. Disclosure statements covering all members of the group must be filed in a single submission;

2. A cover letter must be supplied indicating the intent to file disclosure statements as a group and identifying the members of the group and their relationships;

3. A single set of Personal History Disclosure Forms for any individual identified in any of the group's disclosure statements will be accepted, even though the name appears on more than one statement;

4. The Department in its discretion may authorize departures from the disclosure statement forms so as to minimize duplicate reporting of information;

5. For the purposes of fee calculation under 7:26-16.13, the group shall be treated as a single applicant, permittee or licensee; and

6. A group filing may be made even if one or more members of the group have previously filed disclosure statements separately. However, those members will not be regarded as part of the group filing and no refund of fees or credit for fees paid shall be allowed on account of the earlier separate filings.

N.J. Admin. Code § 7:26-16.3

Amended by 47 N.J.R. 991(a), effective 5/18/2015.