N.J. Admin. Code § 7:7A-7.5
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7A-7.5 - General permit 5- Landfill closures(a) General permit 5 authorizes activities in freshwater wetlands, transition areas, and/or State open waters that are undertaken by the Department's Division of Solid and Hazardous Waste, or authorized through a solid waste facility closure and post-closure plan or disruption approval issued by the Department under N.J.A.C. 7:26-2A.9, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and: 1. The Department determines that the activities that will cause the disturbance are necessary to properly close the solid waste facility and to properly maintain and monitor it after closure. For example, an access road necessary for landfill closure may be authorized under general permit 5, but an access road that is not necessary for landfill closure, but that will facilitate development of the site, is not authorized under general permit 5; and2. The applicant demonstrates that the amount of disturbance is the minimum necessary in order to adequately close and/or maintain the landfill. For example, a disturbance for an access road through wetlands may be necessary to properly close the landfill in accordance with (a)1 above, but the road shall be the minimum size possible.(b) There is no acreage limit on activities under general permit 5. However, mitigation shall be performed to compensate for disturbance of freshwater wetlands and/or State open waters authorized under general permit 5, except that mitigation is not required for disturbance of wetlands located on top of the landfill, or on the intermediate or permanent cover of the landfill. The mitigation shall meet the procedural and substantive requirements at N.J.A.C. 7:7A-11.(c) The mitigation proposal required under (b) above may be incorporated into the closure and post-closure plan or disruption approval and/or it may be submitted as part of the general permit application.(d) The Department shall not issue an authorization under general permit 5 until the mitigation proposal is approved. Activities under general permit 5 shall not begin until the Department has approved the mitigation proposal.N.J. Admin. Code § 7:7A-7.5
Amended and recodified from 7:7A-5.5 by 49 N.J.R. 3849(a), effective 12/18/2017