New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26A - RECYCLING RULES
Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS
Section 7:26A-3.12 - Criteria for denial of a new general or limited approval, a renewal of an existing general approval or an extension of a limited approval to operate a recycling center

Universal Citation: NJ Admin Code 7:26A-3.12

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The following constitutes the criteria for denial of a general or limited approval and will result in the issuance of a letter of denial of general or limited approval to operate a recycling center:

1. Failure to submit any of the information required pursuant to this subchapter;

2. Failure of an applicant for a general approval to maintain inclusion of a proposed recycling center in the applicable district solid waste management plan;

3. Failure to correct any deficiencies in information submitted pursuant to this subchapter as determined by the Department, within 45 days of receipt of a letter detailing said deficiencies;

4. Failure to demonstrate that only source separated recyclable materials will be received, stored, processed or transferred at the recycling center; and

5. Failure to submit the appropriate fee required pursuant to N.J.A.C. 7:26A-2.

(b) In addition to the criteria for denial of a general or limited approval set out in (a) above, the Department may also deny a general or limited approval on the basis of the following criteria:

1. The applicant has been denied a license or registration pursuant to 13:1E-1 et seq.;

2. The applicant has been denied a certificate of public convenience and necessity pursuant to 48:13A-1 et seq.;

3. The applicant has had its registration, license or certificate of public convenience and necessity revoked by the DEP; or

4. The applicant has committed any of the acts which are criteria for approval revocation set forth at 7:26A-3.13(a)1 through 8.

(c) If the Department denies the issuance of a new or renewed general approval, or an extension of a limited approval, to operate a recycling center and bases the denial on a written determination that the facility for which the application was made is a solid waste facility for which a registration statement and engineering design is required pursuant to 13:1E-5, the applicant, in any appeal of the Department's denial, shall have the burden to show by a preponderance of the evidence that the facility for which the application was made is not a solid waste facility for which a registration statement and engineering design is required pursuant to 13:1E-5.

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