Current through Register Vol. 56, No. 6, March 18, 2024
(a) An applicant for Silver Track II which, after an eligibility review by the Department pursuant to 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 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 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 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 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 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 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 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.
