N.J. Admin. Code § 7:26-6.10

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26-6.10 - Modifications to district solid waste management plans; plan amendments

(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.

(c) Upon the development of a solid waste plan amendment, a board of chosen freeholders or the New Jersey Meadowlands Commission shall hold a public hearing for the purpose of receiving comments from persons interested in or affected by the adoption of the plan amendment.

1. The designated plan implementation agency shall publish notice of a public hearing concerning the plan amendment in a newspaper of general circulation in the county or district once each week for two consecutive weeks, the second publication date being not less than 10 calendar days prior to the public hearing date. For the purposes of determining weekly publication, Sunday is considered the first day of the week, in conformance with 13:1E-23.

2. The notice of the public hearing concerning the plan amendment shall provide a detailed description of the plan amendment and, at a minimum, contain the following information:

i. The date, time and place of the public hearing;

ii. The name and address of the district solid waste coordinator;

iii. When and where the plan amendment can be reviewed; and

iv. In the case of a facility, a description and the site location, by municipality, street address, lot and block number, the proposed or expanded capacity and the waste types which will be received.

(d) The board of chosen freeholders or the New Jersey Meadowlands Commission shall submit to the Department a complete plan amendment which shall include the following:

1. One copy of the adopting ordinance or resolution;

2. Twenty copies of the plan amendment;

3. One copy of the public hearing transcript and any substantive comments submitted to the county or district or designated plan implementation agency prior to the close of any stated comment period;

4. One copy of the public notice accompanied by an affidavit of publication issued by the publishing newspaper; and

5. For any plan amendment which proposes to incorporate a facility site, 20 copies of an 8 1/2 inch x 11 inch tax map identifying the location of the site, the street address, and the lot and block numbers.

(e) The plan amendment at (d) above shall be submitted 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, N.J. 08625-0420

(f) Upon receipt of a plan amendment submitted pursuant to (d) and (e) above, the Department shall review the plan amendment for completeness. Within 10 working days of receipt of the plan amendment, the Department shall notify, in writing, the entity that submitted the plan amendment whether the plan amendment is complete or incomplete.

(g) The Department shall submit a copy of a complete plan amendment to the Advisory Council on Solid Waste Management in the department, and to the agencies, bureaus and divisions in the Department identified at 13:1E-23 for review and recommendations.

(h) Upon review of the plan amendment and upon receipt of recommendations provided pursuant to (g) above, the Department shall approve, modify, or reject a plan amendment within 150 calendar days of receipt of a complete plan amendment and shall certify such determination to the board of chosen freeholders or to the New Jersey Meadowlands Commission. If the Department takes no action on a complete plan amendment within 150 calendar days, the plan amendment shall be deemed approved.

N.J. Admin. Code § 7:26-6.10

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

Administrative Change, 51 N.J.R. 729(a).

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023