New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1C - ENVIRONMENTAL JUSTICE
Subchapter 5 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR NEW FACILITIES
Section 7:1C-5.2 - Avoidance of disproportionate impact
Current through Register Vol. 56, No. 6, March 18, 2024
(a) An applicant that submits a permit application for a new facility that is proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors shall analyze and propose all control measures necessary to avoid facility contributions to all adverse environmental and public health stressors in the overburdened community. Where the control measures proposed by the applicant will prevent a disproportionate impact by avoiding facility contributions to all adverse environmental and public health stressors in the overburdened community, the Department may grant the subject application pursuant to N.J.A.C. 7:1C-9.2(a).
(b) Where the control measures proposed by the applicant cannot avoid a disproportionate impact, the Department shall deny the subject application pursuant to N.J.A.C. 7:1C-9.2(b)1, unless the applicant demonstrates that the proposed facility will serve a compelling public interest in the overburdened community, in accordance with N.J.A.C. 7:1C-5.3.
(c) An applicant seeking to demonstrate that the proposed facility will serve a compelling public interest shall conduct the analysis and provide the information required at N.J.A.C. 7:1C-5.3 and 5.4.
