N.J. Admin. Code § 7:26-2C.9

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

Section 7:26-2C.9 - Flexibilities and incentives

(a) A participating entity that is in compliance with all commitments contained within its Silver Track II Covenant is eligible for the following incentives and regulatory flexibilities:

1. Public acknowledgement and recognition through one or more of the following means:

i. Issuance by the Department of a special seal or flag in recognition of the participating entity's commitment to advanced environmental protection and continuous environmental performance improvement;

ii. Inclusion in an annual publication highlighting the accomplishments of all Silver Track II entities;

iii. Inclusion on the Department's Internet home page highlighting the accomplishments of all Silver Track II entities; and

iv. Participation in an annual award program for outstanding achievements in environmental protection, with a separate category for Silver Track II participating entities;

2. A single point of contact within the Department for all single media and multi-media permit applications and renewals for each Silver Track II participating entity;

3. Participation in any Department initiatives developed to eliminate duplicative reporting requirements and utilize consolidated reporting, as opportunities for such participation become available;

4. The Department shall provide guidance on how to submit an application for an "Enhanced Permit";

5. A commitment from the Department to review and approve a demonstration protocol within 30 business days of receipt of a complete application for a Research Development & Demonstration approval for projects with a duration not to exceed one year. Approval letters will be issued by the Department for qualifying RD & D projects;

6. An extension of the current five-year Solid Waste Facility permit of the participating landfill by the Department, in five-year increments for up to 15 years. Where additional five year extensions are approved, applicants shall be exempt from the permit renewal requirements found at 7:26-2.7 and shall further be exempt from the payments of permit renewal fees as provided at N.J.A.C. 7:26-4;

7. The option to stockpile chipped tires on site for use as construction material, provided the piles shall have a maximum height of 20 feet and the maximum volume of material that may be stored at any one time shall not exceed one year's worth of tire chips needed for proposed landfill construction projects;

8. Expedited review of engineering designs of participating landfills which opt to use chipped tires or other suitable recycled materials in place of natural materials such as crushed stone in their leachate collection systems or methane gas recovery systems;

9. Compliance and enforcement inspections based on the classification of the solid waste facility. Classification levels shall range from 1 to 3, with a level 1 facility requiring the least frequent compliance monitoring and a level 3 facility requiring the most frequent compliance monitoring. The classification levels are defined as follows:

i. A level 1 facility operates in substantial compliance with its SWF permit, having incurred only minimal administrative violations, if any. Level 1 facilities shall have an inspection frequency of once per year;

ii. A level 2 facility operates in substantial compliance with its SWF permit, having incurred only administrative violations and/or minor environmental violations, if any, that did not require remediation of the site. Level 2 facilities shall have an inspection frequency of quarterly;

iii. A level 3 facility operates in substantial compliance with its SWF permit, having incurred only administrative violations and/or minor environmental violations, if any, that did require remediation of the site. Level 3 facilities shall have an inspection frequency of monthly;

10. Reduction in annual registration fees as described in 7:26-4.3 in line with the three tiered classification system identified in (a)9 above. Level 1 facilities shall pay an annual registration fee of $ 884.00 if the sanitary landfill operates at 31,200 tons per year or more and $ 532.00 if the sanitary landfill operates at less than 31,200 tons per year. Level 2 facilities an annual registration fee of $ 3,537 if the sanitary landfill operates at 31,200 tons per year or more and $ 2,129 if the sanitary landfill operates at less than 31,200 tons per year. Level 3 facilities an annual registration fee of $ 10,610 if the sanitary landfill operates at more than 31,200 tons per year and $ 6,386 if the sanitary landfill operates at less than 31,200 tons per year;

11. Participating landfills will be considered for financial awards provided for within the Electric Discount and Energy Competition Act at 48:3-49, as a way to meet the Renewable Portfolio Standards. Such financial benefits could be applied to equipment upgrades which increase energy recovery/production efficiency at these facilities, while decreasing air emissions. Portions of the funding for these financial awards specifically target grid-connected projects for Class 1 renewable energy projects, for which landfill operations provide distinctly suitable sites; and

12. A streamlined county planning process, consistent with the requirements pertaining to administrative actions described in 7:26-6.11, for any increase in the solid waste disposal capacity of an existing permitted landfill which is less than or equal to the volume equivalent of the acceptance of an additional 100 tons per day of solid waste over the smaller of 10 years or the remaining life of the existing permitted landfill. Only one capacity increase over the operational life of the regulated solid waste facility may be accomplished via administrative action.

N.J. Admin. Code § 7:26-2C.9

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