New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26 - SOLID WASTE
Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE
Section 7:26-2C.2 - Definitions

The following words and terms, when used in this subchapter, shall have the meanings given below unless the context clearly indicates otherwise.

"Effective date" means the date the Silver Track II Covenant is signed by the participating entity and the Commissioner, or duly authorized representative of the NJDEP.

"Enhanced permit" means a permit that includes a range of operating scenarios to provide operational flexibility for facility expansion and/or change of operation within the confines of the applicable requirements and without requiring a new or modified permit. An enhanced permit allows the inclusion of pollution prevention, pollution control and/or other operational characteristics.

"Equipment" means any device capable of causing the emission of an air contaminant, and any stack or chimney, conduit, flue, duct, vent or similar device connected or attached to, or serving the equipment.

"Facility" means the combination of all structures, buildings, equipment, control apparatus, storage tanks, source operations, and other operations that are located on a single site or on contiguous or adjacent sites and that are under the common control of the same person or persons.

"Greenhouse gas" or "GHG" means any of the following gases: carbon dioxide (CO[2]); methane (CH[4]); nitrous oxide (N[2]O); certain hydrofluorocarbons, (HFC23, HFC-125, HFC-134a, HFC-143a, HFC-152a, HFC-227ea, HFC-236fa, HFC-4310mee); certain perfluorocarbons (CF[4], C[2]F[6], C[4]F[10], C[6]F[14]); and sulphur hexafluoride (SF[6]).

"Minor violation" means any violation which the Department, pursuant to 13:1D-125 et seq. (Grace Period Law), has designated as a minor violation.

"Person" means an individual, public or private corporation, company, partnership, firm, association, society, joint stock company, international entity, institution, county, municipality, state, interstate body, the United States of America, or any agency, board, commission, employee, agent, officer, or political subdivision of a state, an interstate body, or the United States of America.

"Pollution prevention" shall have the same meaning as defined for the term "pollution prevention" in the Pollution Prevention Program Rules, 7:1K-1.5.

"Pollution Prevention and Sustainability Plan" means the written plan that discusses the long-term environmental goals and milestones selected by the facility to reduce existing environmental and operational impacts of the facility, to reduce emissions and discharges from the facility to achieve Federal, State or solid waste management district pollution prevention goals.

"Responsible official" means one of the following:

1. For a corporation:

i. A president, secretary, treasurer, or vice-president of the corporation, who is in charge of a principal business function;

ii. Any other person who performs similar policy or decision-making functions for the corporation; or

iii. A duly authorized representative of the person in 1i or ii above, if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a preconstruction permit or certificate, or an operating permit, and either:

(1) The facilities for which the representative is responsible employ more than 250 persons or have gross annual sales or expenditures exceeding $ 25 million (in second quarter 1980 dollars); or

(2) The delegation of authority to the representative is approved in writing in advance by the Department;

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this subchapter, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, a Regional Administrator of EPA); or

4. For affected facilities under Title IV of the Clean Air Act:

i. The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned; and

ii. The designated Title IV representative for any other purposes under 40 CFR Part 70.

"Significant noncomplier" or "SNC" shall have the same meaning as the term "significant noncomplier" at 7:14-8.2.

"Significant violation" means any violation of any statute, regulation, plan, approval or agreement, which, because of its nature, environmental impact or duration is considered by the NJDEP or the USEPA to merit this designation, and any violations in any program that the Department designates non-minor pursuant to 13:1D-125 et seq. (Grace Period Law).

"Silver Track II application" means the submittal made to the Department by the regulated entity which desires to participate in the Silver Track II tier of the Silver and Gold Track Program for Environmental Performance.

"Silver Track II Covenant" or "covenant" means an individual agreement between the Department and each Silver Track II participating entity which defines the requirements and commitments of the Silver Track II participating entity and the incentives and flexibilities offered by the Department to the Silver Track II participating entity.

"Silver Track II participating entity" or "participating entity" means any entity that owns or operates a facility, including, but not limited to, industrial operations, government operations, and service sectors, that has been accepted by the Department as a participant into the Silver Track II program.

"Source operation" or "source" means any process or any identifiable part thereof that emits or can reasonably be anticipated to emit any air contaminant. A source operation may include one or more pieces of equipment or control apparatus.