N.J. Admin. Code § 7:26A-3.12
Current through Register Vol. 56, No. 9, May 6, 2024
Section 7:26A-3.12 - Criteria for denial of a new general or limited approval, a renewal of an existing general approval or an extension of a limited approval to operate a recycling center(a) The following constitutes the criteria for denial of a general or limited approval and will result in the issuance of a letter of denial of general or limited approval to operate a recycling center: 1. Failure to submit any of the information required pursuant to this subchapter;2. Failure of an applicant for a general approval to maintain inclusion of a proposed recycling center in the applicable district solid waste management plan;3. Failure to correct any deficiencies in information submitted pursuant to this subchapter as determined by the Department, within 45 days of receipt of a letter detailing said deficiencies;4. Failure to demonstrate that only source separated recyclable materials will be received, stored, processed or transferred at the recycling center; and5. Failure to submit the appropriate fee required pursuant to N.J.A.C. 7:26A-2.(b) In addition to the criteria for denial of a general or limited approval set out in (a) above, the Department may also deny a general or limited approval on the basis of the following criteria: 1. The applicant has been denied a license or registration pursuant to 13:1E-1 et seq.;2. The applicant has been denied a certificate of public convenience and necessity pursuant to 48:13A-1 et seq.;3. The applicant has had its registration, license or certificate of public convenience and necessity revoked by the DEP; or4. The applicant has committed any of the acts which are criteria for approval revocation set forth at 7:26A-3.13(a)1 through 8.(c) If the Department denies the issuance of a new or renewed general approval, or an extension of a limited approval, to operate a recycling center and bases the denial on a written determination that the facility for which the application was made is a solid waste facility for which a registration statement and engineering design is required pursuant to 13:1E-5, the applicant, in any appeal of the Department's denial, shall have the burden to show by a preponderance of the evidence that the facility for which the application was made is not a solid waste facility for which a registration statement and engineering design is required pursuant to 13:1E-5.N.J. Admin. Code § 7:26A-3.12
Recodified from 7:26A-3.11 and amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
In (a), deleted reference to renewal of general approval; in (a)3, changed filing deadline from 45 days; deleted (a)4; recodified former (a)5 and (a)6 as (a)4 and (a)5; and in (b)3, deleted reference to revocation by Board of Public Utilities. Former section recodified to N.J.A.C. 7:26A-3.13.
Administrative change.
See: 30 N.J.R. 3948(a).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Section was "Criteria for denial of a general or limited approval to operate a recycling center". Rewrote (a)2; and in (c), substituted "the issuance of a new or renewed" for "an application for a" and "applicant" for "owner or operator of the facility", inserted the first occurrence of "approval," inserted "an extension of a" and inserted a comma following the second occurrence of "approval".