N.J. Admin. Code § 7:26-2.5

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

Section 7:26-2.5 - Public hearing procedures

(a) The Department shall be responsible for scheduling and conducting a public hearing in reasonable proximity to the location of the proposed facility.

(b) The Department shall designate a hearing officer who shall exercise reasonable discretion in the conduct of the hearing and shall encourage general discussion of the proposed facility, including public comment on the proposed operation, tentative approval or other action to be taken by the Department.

(c) The public hearing shall be a non-adversarial hearing at which any interested person may submit oral or written statements and data concerning the proposed operation, tentative approval or other agency action.

(d) The Department may make a presentation at the public hearing, describing the proposed facility and explaining the basis for the issuance of the tentative approval or other proposed action.

(e) The applicant shall appear at the public hearing on a tentative approval and be available to answer questions regarding the proposed facility. Failure of an applicant to appear and answer relevant questions at the public hearing may result in revocation of the tentative approval and denial of the application. The applicant may make a presentation at the public hearing, describing the proposed facility.

(f) The public hearing proceedings shall be transcribed or recorded and the transcript shall be part of the administrative record.

(g) The hearing officer, to the extent feasible, shall conduct the hearing in the following manner:

1. All interested persons shall be afforded the opportunity to appear and comment at the hearing;

2. Time shall be allotted for individuals to present comments where necessary to accommodate those present and to limit repetition;

3. Testimony on irrelevant matters shall be excluded; and

4. The hearing officer shall ensure that the hearing proceeds in an orderly fashion.

(h) To help ensure that relevant questions are answered at the public hearing, such questions may be submitted to the Department no later than five days prior to the public hearing. At the time of the hearing, the Department or the applicant, in the Department's discretion, will make every reasonable effort to answer these questions and other relevant questions received at the hearing.

(i) (Reserved)

(j) In the event that a response to a question cannot be given at the hearing, a written response shall be prepared after the hearing by either the Department or the applicant, at the Department's discretion. A copy of that written response shall be included in the hearing officer's report and shall be provided to the individual asking the question and others requesting copies of the hearing officer's report.

(k) The cost of advertisement and other expenses of the public hearing, including provision and preparation of the transcript, will be certified to the applicant who shall pay the bill within 30 days thereafter. Payment of the bill, in full, shall be a condition of final permit issuance.

N.J. Admin. Code § 7:26-2.5

As amended, R.1974 d.234, effective 8/21/1984.
See: 6 New Jersey Register 343(c).
As amended, R.1975 d.190, effective 6/27/1975.
See: 7 New Jersey Register 360(b).
As amended, R.1976 d.303, effective 11/1/1976.
See: 8 New Jersey Register 374(d), 8 New Jersey Register 590(a).
As amended, R.1984 d.279, effective 7/2/1984.
See: 16 New Jersey Register 986(a), 16 New Jersey Register 1766(a).
(v): Copies of analyses formerly forwarded to the Bureau.
New Rule, R.1987 d.235, effective 6/1/1987.
See: 18 New Jersey Register 883(a), 19 New Jersey Register 928(e).
Repealed Sanitary landfill operational requirements (General).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).