New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26H - SOLID WASTE UTILITY REGULATIONS
Subchapter 7 - HOST COMMUNITY BENEFITS
Section 7:26H-7.2 - Procedural regulations

Universal Citation: NJ Admin Code 7:26H-7.2

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

(a) In the event the facility and the host municipality agree on the terms of an agreement governing host community benefits, they shall submit the proposed agreement to the Department for approval, along with a statement of the reasons the parties believe the agreed-upon benefits are reasonable. Within 180 days, the Department shall approve, reject or remand the agreement for modification.

(b) In the event the facility and the host municipality cannot agree on the terms of an agreement governing host community benefits, either party may petition the Department for an order establishing host or adjusting host community benefits.

(c) A petition for an order establishing or adjusting host community benefits shall be verified by a person with knowledge of the facts stated therein and shall include:

1. All available information regarding the history of any existing or prior host community benefit fee;

2. Copies of all agreements and prior approvals issued by the Department; and

3. Supporting proofs regarding what petitioner contends is the appropriate level of benefit.

(d) Notice of the submission of a proposed agreement or the filing of a verified petition, as well as copies thereof, shall be provided to all other interested parties, including the host community, the facility, their counsel, and, if relevant to the petition, any prior owners or operators of the facility.

(e) Within 45 days of receipt of the verified petition, any party that seeks to oppose the relief requested shall file a response thereto. The response shall be verified by a person with knowledge and shall attach copies of all documents supporting their position.

(f) The Department may, within 60 days of receipt of the parties' initial submissions, serve discovery on either or both parties. The parties shall respond to any discovery served within 60 days. All responses shall be verified by a person with knowledge and shall include all relevant documents. Copies of the discovery requests and responses shall be served on all parties.

(g) The Department shall issue a determination on the petition within 180 days of receipt of discovery (or 180 days from receipt of the petition if no discovery is issued). Additional written arguments and/or oral presentations from the parties will be permitted in the sole discretion of the Department and only where the Department determines that such written arguments and/or presentations will assist in its determination. In the event such presentations are permitted by the Department, they shall be held before a Hearing Officer appointed by the Commissioner for such purpose, and shall be conducted in a manner established by the Hearing Officer. The presentations shall be transcribed and petitioner shall bear the cost of providing copies of the transcription to the Department and the parties.

(h) If all parties agree, the Department may refer the matter to its Office of Administrative Hearings and Dispute Resolution to determine whether a settlement can be negotiated. In the event that the matter is referred to the Office of Administrative Hearings and Dispute Resolution, the time deadlines set forth shall be tolled.

(i) The Department, in its discretion, may refer the matter, or portions of the matter, to the Office of Administrative Law.

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