N.J. Admin. Code § 7:1C-9.1

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

Section 7:1C-9.1 - Department review

(a) Following the completion of the public participation process at N.J.A.C. 7:1C-4, the Department shall consider the EJIS and any supplemental information, testimony, written comments, the applicant's response to comments, and any other information deemed relevant by the Department to evaluate its decision pursuant to this chapter.

(b) In issuing its decision pursuant to N.J.A.C. 7:1C-9.2, the Department shall:

1. Determine whether the facility will avoid a disproportionate impact to an overburdened community;

2. Evaluate and determine the feasibility of conditions on the construction or operation of the facility in accordance with the requirements at N.J.A.C. 7:1C-5, 6, and 8 and such evaluation shall not be limited to those conditions proposed by the applicant;

3. Evaluate conditions on the construction or operation of the facility in accordance with the requirements at N.J.A.C. 7:1C-7, which evaluation shall not be limited to those conditions proposed by the applicant; and

4. Impose conditions selected by the Department after being evaluated pursuant to (b)2 and 3 above, on the construction or operation of the facility.

(c) If it is necessary for the Department to engage one or more experts to evaluate any information submitted by the applicant, the Department shall notify the applicant, include an estimate of the cost to the Department to engage the expert(s), and direct the applicant to submit payment in full within 90 days of the Department's notice in order to obtain further review of its application. An application for which the Department finds it necessary to engage an expert for alternatives analysis review shall not be considered complete before the Department has received and reviewed the recommendations of the expert.

N.J. Admin. Code § 7:1C-9.1

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