N.J. Admin. Code § 7:1C-3.2

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

Section 7:1C-3.2 - Environmental justice impact statement requirements

(a) In its EJIS, an applicant for a facility located, or proposed to be located, in whole or in part, in an overburdened community shall include:

1. An executive summary of the information contained in the EJIS, including any supplemental information as required at N.J.A.C. 7:1C-3.3.

2. A detailed written description of the municipal and neighborhood setting of the facility, including the location of community and residential dwellings, hospitals, nursing homes, playgrounds, parks, schools, and comprehensive demographic, economic zoning, and physical descriptions. The site location shall also be identified by a site plan of the facility or equivalent map if no site plan exists.

3. A description of the facility's current and proposed operations, which shall include, but not be limited to, the following:

i. An explanation of the purpose of the permit application, including how the project serves the needs of the individuals in the overburdened community;

ii. Identification of all processes to be used, including pollution or environmental control measures and monitoring instrumentation, hours of operation, onsite equipment, traffic routes, number of employees, and all other information relevant to the potential for the facility to contribute to environmental and public health stressors in the overburdened community; and

iii. For new or expanded facilities, a schedule for the construction and operation including anticipated completion dates for major phases of construction, any pollution or environmental control measures and monitoring instrumentation, hours of operation, onsite equipment, traffic routes, number of employees, and all other information relevant to the potential for the construction to contribute to environmental and public health stressors in the overburdened community.

4. A list of all the Federal, State, and local permits that are required, or will be required, for construction or operation of the facility including, but not limited to, those defined at N.J.A.C. 7:1C-1.5.

5. Evidence of satisfaction of any local environmental justice or cumulative impact analysis ordinances with which the applicant is required to comply.

6. The initial screening information obtained pursuant to N.J.A.C. 7:1C-2.3.

7. An assessment of the impacts, both positive and negative, of the facility on each environmental and public health stressor in the overburdened community identified as affected at the chapter Appendix under conditions of maximum usage or output, and a correlation of such impacts with various stages of the site preparation, facility construction and operation, including the amounts, concentrations, and pathways of any contaminants or pollution that will be associated with the facility.

8. A public participation plan that, at a minimum, satisfies the requirements at N.J.A.C. 7:1C-3.4(d) and 7:1C-4, including all proposed forms and methods of notice to the members of the overburdened community and the proposed hearing location.

9. A demonstration, including any necessary operational conditions and control measures, that the facility will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution. If the applicant cannot make such a demonstration, then it is presumed that a disproportionate impact is present and the applicant shall include the information required at N.J.A.C. 7:1C-3.3.

10. As applicable, how a proposed new facility will serve a compelling public interest in the overburdened community, in accordance with N.J.A.C. 7:1C-5.3.

N.J. Admin. Code § 7:1C-3.2

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