N.J. Admin. Code § 7:26-2C.3

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

Section 7:26-2C.3 - Silver Track II application process for sanitary landfills

(a) An entity who wishes to participate in Silver Track II shall submit a Silver Track II application on forms provided by the Department, which may be obtained electronically from the Department's website, http://www.state.nj.us/dep/opppc/.

(b) Each application shall include the following information:

1. The facility name;

2. The facility "New Jersey Employer Identification Number (NJEIN)";

3. The facility address (street, city, county, state, zip code);

4. The facility telephone number, fax number and e-mail address;

5. A contact name;

6. The affiliation of the contact;

7. The contacts mailing address (street, city, state, zip code);

8. The contacts telephone number, fax number and e-mail address;

9. A list of active NJDEP and USEPA permits (including a description of the permitted activity and permit number);

10. A list of all required NJDEP environmental plans, such as Discharge Prevention Control and Countermeasures (DPCC Plans) and Pollution Prevention Plans;

11. A list of all NJDEP/USEPA enforcement actions taken in the five years prior to the application date; and

12. A summary of the applicant's compliance history for all applicable environmental rules and regulations.

(c) The completed Silver Track II application shall be submitted to:

New Jersey Department of Environmental Protection

Office of Pollution Prevention and Right to Know

Mail Code 22-03C

P.O. Box 420

401 East State Street

Trenton, New Jersey 08625-0420

Attention: Silver Track II Program Manager

(d) A Silver Track II application must be accompanied by the following Silver Track II certification, signed by a responsible official as defined at 7:26-2C.2. The certification shall state:

"I certify, to the best of my knowledge, based on reasonable inquiry, that the information submitted in this certification is true, complete and accurate, and the facility for which this application is submitted is currently in compliance, and intends to remain in compliance with all applicable State and Federal environmental requirements I understand that false certification will result in the rejection of the Silver Track II application and/or removal from the Silver Track II tier of the Silver Track II Program for Landfills. I am aware that there are significant civil and criminal penalties, including the possibility of fines or imprisonment, or both, for submitting false, inaccurate or incomplete information."

(e) If the Department determines that the Silver Track II application is incomplete, the Department shall issue a Notice of Deficiency (NOD) identifying the incomplete items and advising what is needed to complete the Silver Track II application. The incomplete items shall be provided to the Department within 30 days of the applicant's receipt of a NOD.

(f) Failure to respond to a NOD in the allotted time provided for in (e) above shall result in an automatic rejection of the applicants Silver Track II application. The applicant shall not be allowed to reapply for Silver Track II until six months from the date of notification of its rejection from the Department.

(g) If the Department determines that the information submitted in response to the NOD makes the application complete, the Department shall commence with the compliance screening and the record review pursuant to (i) and (j) below.

(h) If the Department determines that the information submitted in response to the NOD is incomplete, the Department shall reject the applicant's Silver Track II application. The applicant shall not be allowed to reapply for Silver Track II until 6 months from the date of notification of its rejection from the Department.

(i) Once an application is found to be complete in accordance with (b)1 through 12 above, the Department shall review the application and determine whether it satisfies the eligibility requirements set forth at 7:26-2C.4.

(j) If the Department determines that the eligibility requirements of 7:26-2C.4 have been met, the Department shall conduct a records review including but not limited to all plans, permits, registrations, and approvals that the applicant is required by State and Federal environmental statutes, rules and regulations to have and maintain for the applicant's facility, in order to determine if they are up to date, accurate and approved.

(k) An entity shall be accepted into Silver Track II if the Department determines that:

1. The application submitted by the entity is complete;

2. The entity has satisfied all of the eligibility criteria set forth at 7:26-2C.4; and

3. A review of the Department's records indicate that the applicant possesses all permits, plans, registrations and approvals that it is required to possess pursuant to all applicable State and Federal environmental statutes, rules and regulations and that these permits, plans, registrations and approvals are accurate and up-to-date.

(l) The Department shall disapprove a Silver Track II application if:

1. The application submitted by the applicant is incomplete;

2. The Department determines that the requirements of (d) below have not been met; or

3. The records referred to in (i) above are not up-to-date, accurate or approved by the appropriate State or Federal agency(s).

N.J. Admin. Code § 7:26-2C.3

Amended by 47 N.J.R. 991(a), effective 5/18/2015.