New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27 - AIR POLLUTION CONTROL
Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT)
Section 7:27-8.25 - Special provisions for pollution control equipment or pollution prevention process modifications
Current through Register Vol. 56, No. 6, March 18, 2024
(a) As provided at 26:2C-9.3 and 9.4, a private entity, as defined at 7:27-8.1, may proceed with the following activities while an application covering those activities is being reviewed by the Department:
(b) This section does not authorize any activities which:
(c) To act under the authority of this section, the applicant shall:
(d) An applicant who acts under the authority of this section assumes all risks for the actions. If an applicant pursues activities under this section, and the Department does not approve the activities as proposed in the application, the applicant may be required to reverse the activities, and may be liable for penalties for the activities under (h) below.
(e) This section does not limit the Department in establishing standards, nor in reviewing any application.
(f) Costs incurred by the applicant in connection with actions taken under this section may not be used as grounds for an appeal of the Department's decision on the application.
(g) If the Department determines that actions taken at risk by the applicant under this section are inconsistent with applicable law, the Department and the applicant shall enter into an agreement. The agreement shall contain a date by which the applicant shall comply with the law. If the Department and the applicant fail to enter into an agreement, the Department may issue a schedule setting forth a date by which the applicant shall comply.
(h) If the applicant fails to comply with the schedule set under (g) above, the applicant shall be subject to penalties if the applicant's actions have caused: