N.J. Admin. Code § 7:26A-3.10
Current through Register Vol. 56, No. 8, April 15, 2024
Section 7:26A-3.10 - Modifications of general or limited approvals(a) All holders of a general or limited approval to operate a recycling center pursuant to this subchapter shall obtain prior approval from the Department for any modification of the general or limited approval.(b) Modifications to the general or limited approval to operate a recycling center which require the prior approval of the Department include the following: 1. Any change affecting the conditions of the general or limited approval issued pursuant to N.J.A.C. 7:26A-3.5 or 7:26A-3.7; and2. Any change to the information submitted pursuant to N.J.A.C. 7:26A-3.2(a),3.4, 3.7, 3.8, 3.18, 3.19 or 3.20, except that changes in end-market information submitted pursuant to N.J.A.C. 7:26A-3.2(a)7 shall not require the prior approval of the Department but shall be handled in accordance with (f) below.(c) The holder of the general or limited approval shall notify the Department in writing of the intended modification and shall update the information submitted pursuant to N.J.A.C. 7:26A-3.2(a), 3.4, 3.7, 3.8, 3.18, 3.19 or 3.20. The holder shall also submit one copy of the written request for modification to the municipal clerk of the municipality in which the recycling center is located and one copy to the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located.(d) The Department will review the information submitted in accordance with (c) above and will determine whether additional information is necessary to adequately address public or environmental health, safety or welfare. If such additional information is required, the Department will notify the holder in writing within 30 days of receipt of the request. Thereafter, the owner or operator shall submit to the Department in writing the additional information.(e) Upon determining that the information submitted for modification review is complete, the Department will approve or deny the modification according to the criteria of (a) through (d) above and will notify the holder in writing. The holder shall not institute the modification until it receives written approval from the Department.(f) Within one week of any change to the end-market information submitted to the Department pursuant to N.J.A.C. 7:26A-3.2(a)7, the holder shall submit to the Department a written notification which details any change in the use of the recyclable material transferred from the recycling center to an end-market or in the end-market location to which the recyclable material is transferred. The written notification shall be sent to: New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
401 East State Street, 2nd Floor, West Wing
PO Box 420, Mail Code 401-02C
Trenton, New Jersey 08625-0420
(g) The Department will notify the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located, and the applicable municipal planning board, of any approval or denial of modification to a general or limited approval.(h) Applicants shall pay fees pursuant to the requirements at N.J.A.C. 7:26A-2atthe time that the applicant submits an application for modifications of general or limited approvals, including those modifications referenced during approval renewals pursuant to the requirements of N.J.A.C. 7:26A-3.6(b).N.J. Admin. Code § 7:26A-3.10
Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
In (b)2 and (c), inserted additional N.J.A.C. references; and in (f), changed Department and Division names.
Amended by R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 N.J.R. 4273(a), 34 N.J.R. 2088(a).
In (c), rewrote the second sentence.
Amended by R.2008 d.16, effective 1/7/2008.
See: 38 N.J.R. 5227(a), 40 N.J.R. 133(a).
Added (h).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In (a), substituted "holders of" for "owners and operators of recycling centers which have received"; in (c) and (g), substituted "solid waste management district" for "county"; in (c), substituted "holder of the general or limited approval" for the first occurrence of "owner or operator" and "holder" for the second occurrence of "owner or operator"; in (e) through (f), substituted "holder" for "owner or operator" throughout; and updated the address in (f).
Notice of readoption with technical change.
See: 48 N.J.R. 76(a).Amended by 54 N.J.R. 1912(a), effective 10/3/2022