N.J. Admin. Code § 7:26-16.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-16.6 - Change of information on disclosure statement; sales or transfers of ownership

(a) Where an applicant or permittee has an application pending before the Department and any of the information required to be included in a disclosure statement changes, or any additional information should be added after the filing of the statement, the applicant or permittee shall provide that information to the Department and the Attorney General in writing within 30 days of the change or addition.

(b) Licensees shall report to the Department and the Attorney General within 30 days any changes or additions in the following information required to be included in the disclosure statement:

1. The name of the licensee;

2. The names or identities of any officers, directors, partners or key employees of the licensee;

3. Unless previously disclosed under (i) below, the names or identities of any holders of equity in or debt liability of the licensee, if they would have been required on the original disclosure statement; except that holders of less than five per cent of the debt liability of the licensee need only be reported on the annual update described in (c) below;

4. The name and business address of any company which collects, transports, treats, stores, transfers or disposes of solid waste or hazardous waste in which the licensee acquires an equity interest;

5. A listing and explanation of any notices of violation, administrative orders or license or permit revocations issued by any State or Federal authority, except that notices issued by the Department and notices demanding a penalty of less than $ 5,000 and not involving an intent to revoke a license or permit need only be reported annually;

6. Any criminal charge or conviction and any conviction for a disorderly persons offense filed or entered against the licensee or against any key employee, officer, director, equity holder required to be disclosed, or partner thereof, other than for a motor vehicle offense;

7. Any collective bargaining agreement entered into with a labor union not previously listed on a disclosure statement, and any new membership in a trade or business association.

(c) All changes to the information contained in a permittee's or licensee's disclosure statement currently on file with the Department and the Attorney General shall be reported on an annual update to be filed with the Division of Law at the time of the permittee's or licensee's annual renewal of its registration with the Department; provided, however, that amending or updating of Personal History Disclosure Forms, other than to report a criminal or disorderly persons conviction, or the filing of a criminal or disorderly persons charge, is not required unless specifically requested by the Department or Attorney General.

(d) Changes of information required to be filed within 30 days pursuant to (b) above may be filed by letter, on amendment forms supplied by the Department, or on copies of applicable portions of disclosure statement forms. The person filing the report of change shall swear to or affirm the truth of the information contained therein.

(e) Annual updates shall be filed on amendment forms supplied by the Department, or on copies of applicable portions of the disclosure statement or Personal History Disclosure Form. Annual updates shall include a recapitulation of any changes previously reported on a 30-day notice.

(f) Changes of information shall be filed by submitting an original and one conformed copy to the Department, which shall transmit copies to the Attorney General.

(g) Annual updates shall be sworn to or affirmed and subscribed in the manner prescribed for original disclosure statements at N.J.A.C. 7:26-16.4(b).

(h) Where an applicant, permittee or licensee has submitted multiple amendments to its disclosure statement; or the information concerning an applicant, permittee or licensee has undergone substantial change; or if the disclosure statement currently on file with the Department is more than five years old, the Department, in its discretion, may require the applicant, permittee or licensee to file a new disclosure statement.

(i) When a permittee or licensee leases ten (10) or more solid waste vehicles and operators from a single lessor which is not a permittee or licensee, or when such leased vehicles represent at least 20 percent of the permittee's or licensee's fleet of solid waste vehicles, the permittee or licensee shall, within 30 days of entering into the lease, file, or cause the lessor to file, a business concern disclosure statement for the lessor, and personal history disclosure statements for directors, officers, key employees, partners and equity holders of the lessor. Such a lessor shall be deemed to be a person with a beneficial interest in the business of the permittee or licensee, and the Department or the Attorney General may, pursuant to N.J.S.A. 13:1E-128(b), demand additional information from the licensee or permittee, or lessor. If the lessor is an applicant, then in lieu of filing duplicate disclosure statements, lessees may instead provide written notice within 10 days to the Division of Law, Environmental Enforcement Section, A-901 Unit that the lessor is already an applicant whose disclosure statement is on file.

(j) Permittees and licensees which lease 20 or more solid waste operators from a single lessor which is not also a permittee or licensee, shall file, or cause the lessor to file, a business concern disclosure statement for the lessor, and personal history disclosure statements for directors, officers, key employees, partners and equity holders of the lessor, within 30 days of entering into the lease. Such a lessor shall be deemed to be a person with a beneficial interest in the business of the permittee or licensee, and the Department or the Attorney General may, pursuant to N.J.S.A. 13:1E-128(b), demand additional information from the licensee or permittee, or lessor. If the lessor is an applicant, then in lieu of filing duplicate disclosure statements, lessees may instead provide written notice within 10 days to the Division of Law, Environmental Enforcement Section, A-901 Unit that the lessor is already an applicant whose disclosure statement is on file.

(k) Permittees and licensees who have 10 or less leased solid or hazardous waste vehicles and/or operators in their total fleet shall be exempt from the business concern disclosure statement requirements pursuant to N.J.A.C. 7:26-16.6(i) and (j).

(l) No permittee or licensee shall enter into a management agreement with a business concern which is not authorized to conduct that solid waste activity as a permittee or licensee. For the purposes of this section, a management agreement is an agreement under which a business concern assumes effective management and control of a permittee or licensee.

N.J. Admin. Code § 7:26-16.6

As amended, R.1984 d.541, effective 12/3/1984.
See: 16 New Jersey Register 2480(a), 16 New Jersey Register 3310(a).
"Department" substituted for "Division of State Police"; "Attorney General" substituted for "Department".
Amended by R.2000 d.75, effective 2/22/2000.
See: 31 New Jersey Register 1429(a), 32 New Jersey Register 693(a).
Added (i) and (j).
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
Rewrote the section.