N.J. Admin. Code § 7:26-16.8

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

Section 7:26-16.8 - Disqualification criteria

(a) No license shall be approved by the Department unless the Department finds that the applicant or permittee, in any prior performance record in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, has exhibited sufficient integrity, reliability, expertise, and competency to engage in the collection or transportation of solid waste or hazardous waste, or to operate the solid waste facility or hazardous waste facility, given the potential economic consequences for affected counties, municipalities and ratepayers or significant adverse impacts upon human health and the environment which could result from the irresponsible participation therein or operation thereof, or if no prior record exists, that the applicant or permittee is likely to exhibit that integrity, reliability, expertise and competence.

(b) No license shall be approved by the Department if any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, the permittee or the licensee, has been convicted of any of the following crimes under the laws of New Jersey or the equivalent thereof under the laws of any other jurisdiction:

1. Murder;

2. Kidnapping;

3. Gambling;

4. Robbery;

5. Bribery;

6. Extortion;

7. Criminal usury;

8. Arson;

9. Burglary;

10. Theft and related crimes;

11. Forgery and fraudulent practices;

12. Fraud in the offering, sale or purchase of securities;

13. Alteration of motor vehicle identification numbers;

14. Unlawful manufacture, purchase, use or transfer of firearms;

15. Unlawful possession or use of destructive devices or explosives;

16. Violation of N.J.S.A. 2C:35-5, except possession of 84 grams or less of marijuana, or violation of N.J.S.A. 2C:35-10;

17. Racketeering, N.J.S.A. 2C:41-1 et seq.;

18. Violation of criminal provisions of the "New Jersey Antitrust Act,"N.J.S.A. 56:9-1 et seq.

19. Any purposeful, knowing, willful or reckless violation of the criminal provision of any Federal or state environmental protection laws, rules, or regulations, including, but not limited to, solid waste or hazardous waste management laws or regulations;

20. Violation of N.J.S.A. 2C:17-2;

21. Perjury, false swearing or any other offense set forth in Chapter 28 of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:28-1 et seq.

22. Violation of the criminal provisions of the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq. or 48:13A-6.1.

(c) Notwithstanding the provisions of (b) above, no applicant, permittee or licensee shall be denied a license on the basis of a conviction of any individual required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or licensee, for any of the offenses enumerated in (b) above as disqualification criteria, if the person has affirmatively demonstrated by clear and convincing evidence his or her rehabilitation. In determining whether a convicted individual has affirmatively demonstrated rehabilitation, the Department shall request a recommendation thereon from the Attorney General, and shall consider the following factors and weigh them in light of the policies set forth in N.J.A.C. 7:26-16.20 et seq.:

1. The nature and responsibilities of the position which a convicted individual would hold;

2. The nature and seriousness of the offense;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the individual when the offense was committed;

6. Whether the offense was an isolated or repeated incident;

7. Any social conditions which may have contributed to the offense;

8. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.

(d) No license shall be approved by the Department if the Attorney General determines that there is a reasonable suspicion to believe that a person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or licensee, does not possess a reputation for good character, honesty and integrity, and that person or the applicant, permittee or licensee fails, by clear and convincing evidence, to establish his reputation for good character, honesty and integrity.

(e) No license shall be approved by the Department if the Attorney General determines that any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or licensee, has been identified by the State Commission of Investigation or the Federal Bureau of Investigation as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel, where such identification, membership or association creates a reasonable belief that the participation of that person in any activity required to be licensed under this act would be inimical to the policies of N.J.S.A. 13:1E-126 et seq. For the purposes of this subsection, "career offender" means any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of this State; and a "career offender cartel" means any group of persons who operate together as career offenders. Also, for purposes of this subsection, association of a person required to be listed in a disclosure statement, or shown to have a beneficial interest in the business of the applicant, permittee, or licensee, with career offenders or members of career offender cartels, will be considered "inimical" to the policies of N.J.S.A. 13:1E-126 et seq. where the nature and quality of the association create a risk that the career offender or member of a career offender cartel might exercise some degree of influence or control over the applicant with regard to operations required to be licensed under N.J.S.A. 13:1E-126 et seq. or other business incidental to such operations.

(f) No license shall be approved by the Department with respect to the approval of an initial license, if there are current prosecutions or pending charges in any jurisdiction against any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant or the permittee, for any of the crimes enumerated in (b) above, provided, however, that at the request of the applicant, permittee or the person charged, the Department shall defer decision upon such application during the pendency of such charge.

(g) No license shall be approved by the Department if any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or the licensee, has pursued economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of this State, where such pursuit creates a reasonable belief that the participation of that person in any activity required to be licensed under this chapter would be inimical to the policies of N.J.S.A. 13:1E-126 et seq. For the purposes of this subsection, "occupational manner or context" means the systematic planning, administration, management or execution of an activity for financial gain. Also for the purposes of this subsection, pursuit of economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of this State will be considered "inimical" to the policies of the act where the nature and quality of the activity in question create a risk that the applicant will, after licensure, engage in civil or criminal violations of the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq., the New Jersey Antitrust Act, N.J.S.A. 56:9-1 et seq., the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., or other New Jersey environmental statutes and their implementing regulations while engaged in any activity required to be licensed under N.J.S.A. 13:1E-126 et seq. or other business incidental to such activities.

(h) No license shall be approved by the Department if the applicant, permittee or licensee refuses to comply with inquiries as required under N.J.A.C. 7:26-16.7.

(i) No license shall be approved by the Department if the applicant, permittee or licensee in its application, disclosure statement or any other materials supplied to the Department or the Attorney General shall supply information which is untrue or misleading as to a material fact pertaining to the disqualification criteria.

(j) A license may be approved by the Department for any applicant or permittee if the information contained within the disclosure statement and investigative report, including any determination made by the Attorney General concerning the character, honesty and integrity of any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant or permittee, would not require disqualification pursuant to (a), (b), (c), (d), (e), (g), (h) or (i) above.

(k) A license approved by the Department for any applicant, licensee or permittee pursuant to this section is nontransferable and shall be valid only for the length of time for which it is given.

N.J. Admin. Code § 7:26-16.8

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.