N.J. Admin. Code § 7:50-6.80

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:50-6.80 - Memoranda of agreement may permit deviations

(a) The Pinelands Commission may enter into intergovernmental memoranda of agreement with other governmental agencies which authorize exemptions only to the waste importation limitations prescribed in 7:50-6.73(c), provided that the Commission determines that:

1. Such agreement serves to implement a comprehensive district or region-wide waste management plan;

2. Such agreement provides that certain waste management facilities and activities which could otherwise occur within the Pinelands will occur outside of the Pinelands;

3. The net effect of the waste management plan, when viewed in its entirety, is that the resources of the Pinelands are afforded a greater level of protection than would be provided through a strict application of the requirements of this Part. As appropriate, the following conditions must be met:

i. The volume and types of wastes proposed for import and export, and the environmental risks associated with them, should be considered in the balancing tests;

ii. Any non-recyclable residues produced in the Pinelands should have adequate provisions for their ultimate disposal outside the Pinelands; and

iii. The entire waste management program for the affected jurisdictions should be considered, including both current and proposed methods and siting of all waste management facilities; and

4. The exemption will not in any way authorize the importation of waste which originates from other than Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester or Ocean counties.

(b) The Pinelands Commission may enter into intergovernmental memoranda of agreement with other governmental agencies which authorize only the use of existing waste management facilities located in the Rural Development Area that were originally developed in accordance with the provisions of this Plan, provided that the Commission determines that:

1. The proposed waste management use is otherwise permitted in the Pinelands pursuant to the standards set forth in N.J.A.C. 7:50-5 and 6, except that no hazardous waste facilities, landfills or incinerators shall be permitted;

2. The existing facility is uniquely suited for the proposed waste management use;

3. The proposed use will not materially increase the area or previously approved design or permitted capacity of the existing facility;

4. There will be no material increase in traffic, impervious surface or clearing of vegetation as a result of the proposed use;

5. The type of waste to be managed is either the same as is currently permitted at the facility or is a recyclable material as defined in 7:50-2.11; and

6. A deviation from 7:50-6.73(c) is not proposed and that, as necessary, the standards in 7:50-6.74(a) for recyclables and other special materials are met.

(c) The Pinelands Commission may enter into intergovernmental memoranda of agreement with other governmental agencies which authorize exemptions only to the limitations prescribed in 7:50-6.79(a) and (b)1 and 2 and to those in 7:50-6.75(h) which set forth the list of materials which may be used for landfill closure for the land application or use of liquid or dewatered sludge and sludge derived products, provided that the Commission determines that:

1. The sludge or sludge derived products shall be used only as follows:

i. For land application in support of otherwise permitted land uses;

ii. For land application in support of the reclamation of disturbed areas; or

iii. To facilitate the closure of a landfill.

2. Reasonable safeguards are established to limit the type and total amount of material to be land applied or used;

3. Such agreement serves to implement a monitoring program to determine the effects of the activities on Pinelands resources; and

4. The duration of the agreement is limited to that necessary to complete the monitoring program, except if extended to permit subsequent rulemaking.

(d) The Pinelands Commission may also enter into intergovernmental memoranda of agreement with other governmental agencies which authorize only the land application of compost derived from source separated municipal waste, provided that the provisions of (c) above are met.

(e) Prior to the execution of any intergovernmental memorandum of agreement pursuant to this section, a public hearing shall be held by the Executive Director in accordance with the provisions of 7:50-4.52(c)3.

N.J. Admin. Code § 7:50-6.80

New Rule, R.1996 d.225, effective 5/20/1996.
See: 27 N.J.R. 3878(a), 28 N.J.R. 2596(a).
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
In (b)4, substituted "impervious" for "impermeable".