Current through Register Vol. 56, No. 24, December 18, 2024
(a) Within 30 days of receipt of an
application for recycling center general approval submitted pursuant to
N.J.A.C.
7:26A-3.2(a), the Department
will determine whether the application is administratively complete. An
application is administratively complete where it satisfies the information
submission requirements of
N.J.A.C.
7:26A-3.2 and where a fee has been submitted
pursuant to N.J.A.C. 7:26A-2. The procedures for Department review and approval
of an application for a recycling center general approval are as set forth in
(a)1 through 4 below and in (b) and (c) below:
1. If an application is deemed
administratively complete in accordance with (a) above, the Department will,
within 30 days of receipt of the application, issue a letter to applicant
indicating the administrative completeness of the application.
2. If an application fails to meet the
criteria for administrative completeness in accordance with (a) above, the
Department will advise the applicant that the application is incomplete and
will specify in writing what additional data, reports, specifications, plans or
other information is required for administrative completeness, and a deadline
by which such additional information shall be submitted. The Department shall
not make a decision on any application until such time as the applicant has
submitted the requested additional information. Failure to submit the requested
additional information as required shall constitute cause for denial of the
application without prejudice. A determination of incompleteness shall stop any
review and shall stay the time limitations set forth in (a)1 above and (c)
below.
3. Within 30 days of
receiving the notice of incompleteness, the applicant shall submit the
requested additional information to the Department as an addendum to the
application for a recycling center general approval ("Addendum").
4. Upon receipt of the Addendum, the
Department shall review the Addendum to determine administrative completeness
in accordance with this subsection.
(b) Within 90 days of issuance of the letter
of administrative completeness, the Department will issue a general approval to
operate a recycling center for a period not to exceed five years where the
Department determines the following:
1. That
the application meets the criteria for a general approval of N.J.A.C. 7:26A-3;
and
2. That the applicant fails to
meet any of the criteria for denial or revocation of a general approval set
forth at
N.J.A.C.
7:26A-3.12 and 3.13.
(c) Within 90 days of the issuance of the
letter of administrative completeness, the Department will issue a letter of
denial of the application to operate a recycling center where the Department
determines the following:
1. That the
application fails to meet the criteria for a general approval of N.J.A.C.
7:26A-3; or
2. That the applicant
meets any of the criteria for denial or revocation of a general approval set
forth at
N.J.A.C.
7:26A-3.12 and 3.13.
(d) No recycling center shall receive Class
B, Class C or Class D recyclable materials and commence operation until it has
received written approval from the Department, unless operating pursuant to an
exemption as set forth at
N.J.A.C.
7:26A-1.4.
(e) The general approval will accomplish the
following:
1. Authorize the receipt, storage,
processing or transferring of Class B, Class C or Class D recyclable materials
at the recycling center;
2.
Indicate the conditions of operation which shall be met by the recycling center
owner or operator prior to the receipt, storage, processing or transfer of the
source-separated recyclable materials approved to be received, stored,
processed or transferred at the recycling center; and
3. Indicate the limitations on recycling
center operation, including, but not limited to:
i. Limitation on the amount of contaminants
which may be present in any truckload of source-separated recyclable materials
received at the recycling center;
ii. Limitation on the amount of residue which
may be produced as a result of receiving, storing, processing or transferring
source-separated recyclable materials at the recycling center; and
iii. Limitation on the commingling of Class
B, Class C or Class D materials at the recycling center.
(f) All recycling centers
receiving a general approval to operate a recycling center shall prominently
post and maintain a legible sign, at or near the entrance to the recycling
center, indicating that it is an approved New Jersey Department of
Environmental Protection recycling center. In addition, the sign shall also
indicate those items detailed in
N.J.A.C.
7:26A-3.2(a)16 i and
ii.
