N.J. Admin. Code § 7:1C-1.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1C-1.5 - Definitions

"Act" means N.J.S.A. 13:1D-157 et seq., and any amendments thereto.

"Adverse cumulative stressors" means that the combined stressor total of the overburdened community is higher than the overburdened community's geographic point of comparison or would be made higher than an overburdened community's geographic point of comparison as a result of the facility's contribution.

"Adverse environmental and public health stressor" means a stressor in the overburdened community that is higher than an overburdened community's geographic point of comparison or would be made higher than an overburdened community's geographic point of comparison as a result of the facility's contribution.

"Applicant" means a person who submits to the Department an application for a permit, expansion, or renewal.

"Change in use" means a change in the type of operation of an existing facility that increases the facility's contribution to any environmental and public health stressor in an overburdened community, such as a change to waste processed or stored.

"Combined stressor total" means the sum of adverse environmental and public health stressors in an overburdened community. If the combined stressor total in the overburdened community is greater than the value of the geographic point of comparison, the overburdened community is subject to adverse cumulative stressors.

"Compelling public interest" means a demonstration by a proposed new facility that primarily serves an essential environmental, health, or safety need of the individuals in an overburdened community, is necessary to serve the essential environmental, health, or safety need, and that there are no other means reasonably available to meet the essential environmental, health, or safety need. For purposes of this chapter, the economic benefits of the proposed new facility shall not be considered in determining whether it serves a compelling public interest in an overburdened community.

"Department" means the New Jersey Department of Environmental Protection.

"Disproportionate impact" means the facility cannot avoid either:

(1) creating adverse cumulative stressors in an overburdened community as a result of the facility's contribution; or

(2) contributing to an adverse environmental and public health stressor in an overburdened community that is already subject to adverse cumulative stressors. For purposes of this chapter, a facility located either in whole or in part in an overburdened community can have a disproportionate impact on that community. When determining whether a disproportionate impact will occur, an applicant would only be required to consider impacts to adverse environmental and public health stressors.

"Environmental and public health stressor" or "stressor" means sources of environmental pollution, including, but not limited to, concentrated areas of air pollution, mobile sources of air pollution, contaminated sites, transfer stations or other solid waste facilities, recycling facilities, scrap yards, and point-sources of water pollution including, but not limited to, water pollution from facilities or combined sewer overflows; or conditions that may cause potential public health impacts, including, but not limited to, asthma, cancer, elevated blood lead levels, cardiovascular disease, and developmental problems in the overburdened community, as the same are more specifically listed at the chapter Appendix.

"Environmental justice impact statement" or "EJIS" means a systematic, interdisciplinary and integrated assessment of environmental and public health conditions in an overburdened community that identifies and analyzes:

(1) existing environmental and public health stressors;

(2) any adverse environmental and public health stressors;

(3) the presence or absence of adverse cumulative stressors;

(4) potential environmental and public health stressors associated with a facility;

(5) whether the facility can avoid causing a disproportionate impact;

(6) the measures the facility will propose to implement to avoid or address any disproportionate impact; and

(7) where applicable, how the new facility serves a compelling public interest in the overburdened community.

"Existing facility" means a facility, or any portion thereof, which, as of April 17, 2023, possesses a valid approved registration or permit from the Department for its operation or construction and is in operation.

"Expansion" means a modification or expansion of existing operations or footprint of development that has the potential to result in an increase of an existing facility's contribution to any environmental and public health stressor in an overburdened community, but shall not include any such activity that decreases or does not otherwise result in an increase in stressor contributions.

"Facility" means any:

(1) major source of air pollution;

(2) resource recovery facility or incinerator;

(3) sludge processing facility, combustor, or incinerator;

(4) sewage treatment plant with a "permitted flow," as defined at N.J.A.C. 7:14A-1.2, of more than 50 million gallons per day;

(5) transfer station or other solid waste facility, or recycling facility intending to receive at least 100 tons of recyclable material per day;

(6) scrap metal facility;

(7) landfill, including, but not limited to, a landfill that accepts ash, construction or demolition debris, or solid waste; or

(8) medical waste incinerator, except a medical waste incinerator that accepts regulated medical waste for disposal, including a medical waste incinerator, that is attendant to a hospital or university and intended to process self-generated regulated medical waste, as defined in this chapter.

"Feasible" means measures addressing contributions to environmental or public health stressors that are reasonably capable of being accomplished by taking into account economic and technological factors.

"Geographic point of comparison" means the comparison area and value used to determine whether an overburdened community is subject to one or more adverse environmental and public health stressors and is determined by selecting the lower value of the State or county's 50th percentile, calculated excluding the values of other overburdened communities. For the purposes of this definition, "county" shall refer to the county in which the overburdened community is located.

"Hazardous waste" has the same meaning as the term defined at N.J.A.C. 7:26G-5.1.

"Hazardous waste landfill" has the same meaning as the term defined at N.J.A.C. 7:27-8.1.

"Incinerator" has the same meaning as the terms defined at N.J.A.C. 7:26-1.4 and 7:27-11.1.

"Landfill" means a sanitary or hazardous waste landfill.

"Limited English proficiency" means that a household does not have an adult that speaks English "very well" according to the United States Census Bureau.

"Low-income household" means a household that is at, or below, twice the poverty threshold as that threshold is determined annually by the United States Census Bureau.

"Major source" or "major facility" shall have the same meaning as the term defined at N.J.A.C. 7:27-22.1.

"Material change" means a modification of the facility or EJIS that, in the determination of the Department, requires further analysis or public comment to accurately assess the facility's contribution to environmental and public health stressors in the overburdened community, such as, but not limited to:

1. A change to the basic purpose;

2. An expansion of the facility;

3. An increase in the potential contributions to environmental or public health stressors; or

4. A change in measures proposed to address the facility's contributions to environmental and public health stressors.

"Medical waste" has the same meaning as the term "medical/infectious waste" defined at N.J.A.C. 7:27-27.1.

"Net environmental benefit" means a reduction of baseline environmental and public health stressors in an overburdened community or other action that improves environmental or public health conditions in an overburdened community, as determined by the Department.

"New facility" means:

1) any facility that has not commenced operation as of April 17, 2023; or

2) a change in use of an existing facility. For the purposes of this chapter, an existing facility that has operated without a valid approved registration or permit required by the Department prior to April 17, 2023 shall be considered a new facility.

"Overburdened community" means any census block group as determined by the Department in accordance with the most recent United States Census, in which:

(1) at least 35 percent of the households qualify as low-income households;

(2) at least 40 percent of the residents identify as minority or as members of a State-recognized tribal community; or

(3) at least 40 percent of the households have limited English proficiency. For the purposes of this chapter, State-designated tribal lands shall be considered overburdened communities. Information regarding overburdened communities can be found on the Department's internet website at http://www.nj.gov/dep/ej/communities.html.

"Permit" means any individual permit, registration, or license issued by the Department to a facility establishing the regulatory and management requirements for a regulated activity pursuant to the following State laws, as amended and supplemented: the Waterfront and Harbor Facilities Act, N.J.S.A. 12:5-1 et seq.; P.L. 1975, c. 232 (N.J.S.A. 13:1D-29 et seq.); the Solid Waste Management Act, P.L. 1970, c. 39 (N.J.S.A. 13:1E-1 et seq.); section 17 of P.L. 1975, c. 326 (N.J.S.A. 13:1E-26); the Comprehensive Regulated Medical Waste Management Act, P.L. 1989, c. 34 (N.J.S.A. 13:1E-48.1 et seq.); P.L. 1989, c. 151 (N.J.S.A. 13:1E-99.21a et seq.); the New Jersey Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.11 et seq.); the Pesticide Control Act of 1971, P.L. 1971, c. 176 (N.J.S.A. 13:1F-1 et seq.); The Wetlands Act of 1970, P.L. 1970, c. 272 (N.J.S.A. 13:9A-1 et seq.); the Freshwater Wetlands Protection Act, P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.); the Coastal Area Facility Review Act, P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.); the Highlands Water Protection and Planning Act, P.L. 2004, c. 120 (N.J.S.A. 13:20-1 et seq.); the Air Pollution Control Act (1954), P.L. 1954, c. 212 (N.J.S.A. 26:2C- 1 et seq.); the Water Supply Management Act, P.L. 1981, c. 262 (N.J.S.A. 58:1A-1 et seq.); P.L. 1947, c. 377 (N.J.S.A. 58:4A-5 et seq.); the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.); P.L. 1986, c. 102 (N.J.S.A. 58:10A-21 et seq.); or the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A. 58:16A-50 et seq.); except that "permit" shall not include any authorization or approval necessary to perform a remediation, as defined pursuant to section 23 of P.L. 1993, c. 139 (N.J.S.A. 58:10B-1), or any authorization or approval required for a minor modification of a facility's major source permit for activities or improvements that do not increase actual or potential emissions.

"Person" means an individual, corporation, corporate officer or official partnership, association, the Federal government, the State, municipality, commission or political subdivision of the State, or any interstate body.

"Reclaim" or "reclamation" has the same meaning as the term defined at N.J.A.C. 7:26-1.4.

"Recyclable materials" has the same meaning as the term defined at N.J.A.C. 7:26-1.4.

"Recycling or reclamation facility" means any place, equipment, or plant designed and/or operated for the purpose of recycling or reclamation, as defined above, to collect, store, process, or to redistribute separated waste, so as to return the material to market intending to receive at least 100 tons of recyclable material per day.

"Renewal" means the continuation of existing permitted operations at a major facility without change. For the purposes of this chapter, modifications or changes of operations that decrease or do not otherwise increase a facility's contributions to stressors shall be permitted as a renewal.

"Residual" has the same meaning as the term defined at N.J.A.C. 7:14A-1.2.

"Residual-only facility" has the same meaning as the term defined at N.J.A.C. 7:14A-1.2.

"Resource recovery facility" has the same meaning as the term defined at N.J.A.C. 7:26-1.4

"Sanitary landfill" has the same meaning as the term defined at N.J.A.C. 7:26-1.4.

"Scrap metal" has the same meaning as the term defined at N.J.A.C. 7:26-1.4.

"Scrap metal facility" means any facility that receives, stores, processes, shreds, or recycles scrap metal, and includes what is commonly known as a scrap or junk yard.

"Sewage sludge" has the same meaning as the term defined at N.J.A.C. 7:14A-1.2.

"Sewage treatment plant" means any facility owned or operated by any public or private sewerage authority, municipal utilities authority, joint meeting, State agency, county, municipality or other governmental agency, subdivision or instrumentality, group of commissioners, commission, or other entity, into which a treatment works, as defined at N.J.A.C. 7:14A-1.2, will discharge; or which has jurisdiction to treat or convey sewage or other wastewater in the service area in which the proposed treatment works are to be located.

"Site" means any parcel or contiguous parcels of property on which a facility is located or proposed to be located. Parcels separated by a right-of-way shall be considered contiguous.

"Sludge" has the same meaning as the term defined at N.J.A.C. 7:14A-1.2 and includes sewage sludge.

"Sludge incinerator" means any facility that incinerates or combusts sludge in an enclosed device.

"Sludge processing facility" means, for the purposes of this chapter, a facility that receives, stores, or processes sludge, the location of a sludge transfer station or the location of any other treatment works treating domestic sewage (TWTDS) or residual-only facility required to obtain a permit pursuant to N.J.A.C. 7:14A-20. However, a sludge processing facility shall not include the land to which residual is applied or will be applied.

"Solid waste" has the same meaning as the term defined at N.J.A.C. 7:26-1.6.

"Solid waste facility" has the same meaning as the term defined at N.J.A.C. 7:26-1.4.

"Transfer station" has the same meaning as the term defined at N.J.A.C. 7:26-1.4.

N.J. Admin. Code § 7:1C-1.5

Adopted by 55 N.J.R. 661(b), effective 4/17/2023