Current through Register Vol. 56, No. 24, December 18, 2024
(a) An
applicant for Silver Track II which, after an eligibility review by the
Department pursuant to
N.J.A.C. 7:26-2C.4, is determined by the
Department to be ineligible for participation in Silver Track II as a result of
having a disqualifying violation(s) as set forth at
N.J.A.C. 7:26-2C.4, may be eligible for
participation in Silver Track II pursuant to the requirements of this section
after a deferral period.
(b) In
order to be eligible for Silver Track II under the requirements of this
section, an applicant shall fall within either of the following categories:
1. An applicant that has a disqualifying
violation(s) that occurred within the five year eligibility review period but
for which the applicant has fully achieved compliance and/or has paid to the
Department any civil administrative penalties owed in connection with a
disqualifying violation(s); or
2.
An applicant that has a disqualifying violation(s) that occurred within the
five year eligibility review period and which has entered into an
Administrative Consent Order with the Department to achieve compliance; is in
compliance with the Administrative Consent Order, including all milestones and
corrective action requirements of the Administrative Consent Order, and which
has paid any civil administrative penalties due to the Department in connection
with the disqualifying violation(s).
(c) An applicant for Silver Track II, who has
any criminal violations, is not eligible for deferral.
(d) An applicant who falls within any of the
categories set forth in (b) above, may be eligible for participation in Silver
Track II one year subsequent to the Department notifying the applicant, in
writing, of its deferral, if the following criteria are met:
1. The applicant agrees, in writing, to
perform all of the requirements applicable to an approved Silver Track II
participant pursuant to
N.J.A.C. 7:26-2C.5 through 2C.8 during the
one year deferral period;
2. The
applicant agrees, in writing, within the one year deferral period:
i. To perform a facility-level accounting of
the inputs and outputs of materials at the facility. This accounting must
include reasonable estimates of the amount of hazardous substances: contained
in the products at the facility; consumed (molecularly altered) at the
facility; used by or put into each process at the facility; generated as an
air, water or waste release, prior to treatment or control; and sent for
recycling either on-site or off-site, to incorporate maximum achievable levels
of pollution prevention and to identify opportunities for materials reuse,
product substitution and energy efficiency. Toward performing the necessary
accounting, the applicant may choose to utilize a process for evaluating
pollution prevention, materials reuse, product substitution and energy
efficiency opportunities that has obtained certification by the New Jersey
Corporation for Advanced Technology (NJCAT); and
ii. To develop an implementation plan to
maximize achievable levels pollution prevention and to identify opportunities
for material reuse, product substitution and energy efficiency at the facility.
This implementation plan shall contain (the specific elements identified in
N.J.A.C. 7:26-2C.6) milestones for
implementation of pollution prevention, material reuse, product substitution,
or energy efficiency; and
iii. The
facility's accounting results and implementation plan shall be submitted to the
address given in
N.J.A.C. 7:26-2C.3 prior to the end of the
one-year deferral period for the Department's approval. The accounting results
and implementation plan prepared pursuant to (d)2i and iii above will be used
by the Department as a criterion for determining full eligibility in the Silver
Track Program at the conclusion of the one-year deferral period pursuant to (f)
below;
3. The applicant
agrees, in writing, that it shall not be eligible for the flexibilities and
incentives, pursuant to
N.J.A.C. 7:26-2C.9, during the one-year
deferral period; and
4. The
applicant shall enter into a Memorandum of Agreement (MOA) with the Department
memorializing its obligations pursuant to (d)1 through 3 above, and a
compliance schedule setting forth milestones for complying with all applicable
requirements of the Silver Track II program.
(e) At the end of the one-year deferral
period, the Department shall determine whether the deferred applicant may
participate in Silver Track II and shall so notify the applicant, in writing,
of its decision. The applicant shall not be eligible for the flexibilities and
incentives of the Silver Track II program, pursuant to
N.J.A.C. 7:26-2C.9, until it receives
written confirmation from the Department that it has been accepted into the
Silver Track II program. If accepted into Silver Track II, the applicant shall
comply with all requirements of Silver Track II set forth in this
subchapter.
(f) No deferred
applicant shall be eligible for approval as a Silver Track II participant at
the end of the one-year deferral period if the Department determines that the
applicant has:
1. Committed a disqualifying
violation(s) set forth at
N.J.A.C. 7:26-2C.4, during the one-year
deferral period;
2. Has not
complied with the terms of an executed Administrative Consent Order;
3. Has not entered into an Administrative
Consent Order with the Department if required under (b) above;
4. Has failed to submit the accounting or
implementation plan required pursuant to (d)2i or ii, respectively, above;
or
5. Has not obtained the
Department's approval of the facility's implementation plan.
