N.J. Admin. Code § 7:1C-5.3

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

Section 7:1C-5.3 - Compelling public interest

(a) Where a proposed new facility cannot avoid a disproportionate impact, the Department shall deny the subject application pursuant to N.J.A.C. 7:1C-9.2(b)1, unless the applicant demonstrates that the proposed facility will serve a compelling public interest in the overburdened community.

(b) An applicant that seeks approval for a proposed new facility that will serve a compelling public interest in the overburdened community where it is to be located must demonstrate that:

1. The proposed new facility will primarily serve an essential environmental, health, or safety needs of the individuals in an overburdened community;

2. The proposed new facility is necessary to serve the essential environmental, health, or safety needs of the individuals in an overburdened community; and

3. There are no reasonable alternatives that can be sited outside the overburdened community to serve the essential environmental, health, or safety needs of the individuals in an overburdened community.

(c) Facilities that directly reduce adverse environmental and public health stressors in the overburdened community may be considered as serving an essential environmental, health, or safety need of the individuals in an overburdened community.

(d) The Department may consider, as relevant, public input as to whether a compelling public interest is demonstrated if there is a significant degree of public interest in favor of or against an application from individuals residing in the overburdened community. In addition to any other public comment provided pursuant to this chapter, the Department may seek input from the public whenever it determines such comments may clarify whether the compelling public interest standard is met.

N.J. Admin. Code § 7:1C-5.3

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