N.J. Admin. Code § 7:26A-3.15

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:26A-3.15 - Transfer of a general or limited approval to operate a recycling center

(a) A general or limited approval to operate a recycling center shall not be transferred to a new owner or operator without the Department's prior approval.

1. Any transfer of an approval must be pre-approved by the Department, and a written request for permission to allow such transfer must be received by the Department at least 60 days in advance of the proposed transfer of ownership or operational control of a recycling center. The request for approval shall include the following:

i. The name, address and social security number of all prospective new owners or operators;

ii. A written certification by the proposed transferee that the terms and conditions contained in the general or limited approval will be met by the proposed transferee; and

iii. A written agreement between the current owner or operator of the recycling center and the proposed new owner or operator containing a specific future date for transfer of ownership or operational control.

2. A new owner or operator may commence operations at the recycling center only after the existing approval has been revoked and a new approval is issued to the new owner or operator pursuant to 7:26A-3.5 or 3.7.

3. The owner or operator of record of the approved recycling center remains liable for ensuring compliance with all conditions of the approval unless and until the existing approval is revoked and a new approval is issued to the new owner or operator pursuant to 7:26A-3.5 or 3.7.

4. Compliance with the transfer requirements set forth in this subsection shall not relieve the owner or operator of record of the approved recycling center from the separate responsibility of providing notice of such transfer pursuant to the requirements of any other statutory or regulatory provision.

(b) For the purposes of this section, the transfer of a controlling interest in the stock or assets of a recycling center operating pursuant to a general or limited approval from the Department shall constitute the transfer of a general or limited approval pursuant to (a) above.

(c) One copy of the application to transfer a general or limited approval shall be submitted 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. The Department shall notify county and municipal officials of determinations concerning the transfer of general or limited approvals.

N.J. Admin. Code § 7:26A-3.15

Recodified from 7:26A-3.14 by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Former section recodified to N.J.A.C. 7:26A-3.16.
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).
Rewrote (c).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In (b), substituted "operating pursuant to" for "holding"; and in (c), substituted "solid waste management district" for "county".