N.J. Admin. Code § 7:26-2C.4

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

Section 7:26-2C.4 - Eligibility criteria for landfills seeking participation in Silver Track II

(a) Any sanitary landfill processing greater than 100 tons per day may negotiate a 15-year Silver Track II Covenant with the Department provided the applicant demonstrates that it complies with the following eligibility criteria:

1. The applicant shall have no significant violations nor have been considered a significant non-complier during the five-year period preceding the date of filing an application to participate in the Silver Track II;

2. For entities with NJPDES stormwater permits, the applicant must be in compliance with its permit. Applicant's with NJPDES stormwater permits who are not operating in compliance with its permit are ineligible to participate in Silver Track. A permit issued by a publicly owned treatment work (POTWs) constitutes a NJPDES permit;

3. The applicant shall have obtained all applicable permits and/or approvals and shall have submitted all applicable plans required by any State or Federal environmental statute, regulation or permit. (For example, Discharge Prevention, Control and Countermeasures Plan under N.J.A.C. 7:1E; or an Operations and Maintenance Plan as required by a solid waste facility permit); and

4. The applicant shall not have failed to comply with an executed Memorandum of Understanding, Administrative Consent Order (ACO), and/or other directive issued by or executed with the Department for the performance of any regulated activity.

(b) In determining whether an applicant has satisfactorily demonstrated its eligibility to participate in Silver Track II, the Department may take into consideration any defenses which the applicant raises concerning violations as well as the conduct of the applicant in responding to such violations. The Department may also consider whether the Silver Track II applicant entered into an Administrative Consent Order (ACO) with the Department in order to resolve any of these violations and whether the applicant is in compliance with the milestones of that ACO.

(c) Any minor violations committed by the Silver Track II applicant during the five-year period preceding the filing of its application shall be reviewed on a case-by-case basis in order to determine eligibility. In conducting this review, the Department shall consider:

1. The number and type of minor violations;

2. Whether those violations were corrected during the grace period under 13:1D-129 et seq.;

3. Whether the minor violations occurred at a source that had a continuous emissions monitor installed and if so, whether the minor violations occurred with decreasing frequency (downward trend); and

4. The corrective steps the applicant has taken to avoid future violations.

(d) Silver Track II applicants shall not have committed any criminal violations at any time.

N.J. Admin. Code § 7:26-2C.4

New Rule, R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).