N.J. Admin. Code § 7:26A-2.1
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:26A-2.1 - Fees for general or limited approval(a) The following apply to the application fee for general or limited approval: 1. All applicants for a general approval to operate a recycling center for Class B recyclable material shall submit an application fee of $ 5,281 at the time of application. i. The application fee for general approval will cover the Department's costs of conducting county and Statewide recycling plan consistency reviews, reviewing information submitted in accordance with N.J.A.C. 7:26A-3.2(a), 3.4 and 3.8, preparing letters of administrative completeness and incompleteness, advising applicants on technical deficiencies, and preparing approval and denial letters in accordance with N.J.A.C. 7:26A-3.5.2. All applicants for a limited approval to operate a recycling center for Class B recyclable material shall submit an application fee of $ 2,400 at the time of application. i. The application fee for limited approval will cover the Department's costs of conducting municipal law consistency reviews, reviewing information submitted in accordance with N.J.A.C. 7:26A-3.4, 3.7 and 3.8, preparing letters of administrative completeness and incompleteness, advising applicants on technical deficiencies and preparing approval and denial letters in accordance with N.J.A.C. 7:26A-3.5.3. All applicants for a general approval to operate a recycling center for Class C recyclable material shall submit an application fee of $ 11,582 at the time of application. i. The application fee for general approval will cover the Department's costs of conducting county and Statewide recycling plan consistency reviews, reviewing information submitted in accordance with N.J.A.C. 7:26A-3.2(a), 3.4 and 3.18, preparing letters of administrative completeness and incompleteness, advising applicants on technical deficiencies, and preparing approval and denial letters in accordance with N.J.A.C. 7:26A-3.5.4. All applicants for a general approval to operate a recycling center for Class D recyclable material shall submit an application fee of $ 15,700 for used oil facilities and $ 5,233 for all other types of Class D facilities at the time of application. i. The application fee for general approval will cover the Department's costs of conducting county and statewide recycling plan consistency reviews, reviewing information submitted in accordance with N.J.A.C. 7:26A-3.2(a), 3.4 and 3.19, preparing letters of administrative completeness and incompleteness, advising applicants on technical deficiencies, and preparing approval and denial letters in accordance with N.J.A.C. 7:26A-3.5.(b) The following apply to the annual fee for general approval and the monthly fee for limited approval: 1. All persons who possess a general approval to operate a recycling center for Class B recyclable material shall be billed an annual fee of $ 4,724 on May 1 for each fiscal year beginning on July 1 and ending on June 30. The fee is payable within 30 days of billing. For newly approved recycling centers, the first annual fee is due on the first May 1 immediately following the issuance of the general approval. i. The annual fee for general approval will cover the Department's costs of advising recycling center owners or operators on technical compliance matters, conducting market research, analysis and development activities, review and analysis of annual report data and other technical analyses required to implement the recycling center program.2. All persons who possess a general approval to operate a recycling center for Class C recyclable material shall be billed an annual fee of $ 7,928 on May 1 for each fiscal year beginning on July 1 and ending on June 30. The fee is payable within 30 days of billing. For newly approved recycling centers, the first annual fee is due on the first May 1 immediately following the issuance of the general approval. i. The annual fee for general approval will cover the Department's costs of advising recycling center owners or operators on technical compliance matters, conducting market research, analysis and development activities, review and analysis of annual report data and other technical analyses required to implement the recycling center program.3. All persons who possess a general approval to operate a recycling center for Class D recyclable material shall be billed an annual fee of $ 7,106 on May 1 for each fiscal year beginning on July 1 and ending on June 30. The fee is payable within 30 days of billing. For newly approved recycling centers, the first annual fee is due on the first May 1 immediately following the issuance of the general approval. i. The annual fee for general approval will cover the Department's costs of advising recycling center owners or operators on technical compliance matters, conducting market research, analysis and development activities, review and analysis of annual report data and other technical analyses required to implement the recycling center programs.4. All persons who possess a general approval to operate a recycling center for Class B, Class C or Class D recyclable material shall be billed the following amounts for Research, Development and Demonstration (RD & D) approvals, renewal of general approval, transfers of ownership, and modifications. | Class |
|---|
| B | C | D |
| i. | RD & D approvals | $ 2,400 | $ 9,652 | estimated fee |
| per N.J.A.C. |
| 7:26A-2.1(e)) |
| ii. | Renewals | $ 960.00 | $ 4,826 | $ 3,140 |
| iii. | Modifications | $ 2,400 | $ 4,826 | $ 3,140 |
| iv. | Transfer of ownership | $ 1,440 | $ 3,378 | $ 2,093 |
5. All persons who possess a general approval to operate a multi-class recycling center, shall be billed the applicable annual fee and the applicable fee for an initial application and renewal of general approval set forth at (b)5i through viii below. A modification of a multi-class facility is billed according to (b)5xi through xiii below for the type of activity being added to the existing facility. If more than one type of activity is added, then the respective fee shall be billed for each type of activity. | Type of Multi-Class | Modification |
|---|
| Facility | Annual Fee | Application Fee | Renewal Fee | Fee |
|---|
| i. Class B and C | $ 8,792 | $ 14,223 | $ 5,306 | ------- |
| ii. Class B and D | $ 7,970 | $ 18,341 | $ 3,620 | ------- |
| iii. Class B and D - | $ 7,970 | $ 18,341 | $ 3,620 | ------- |
| Oil only |
| iv. Class B and D - | $ 7,970 | $ 7,898 | $ 3,620 | ------- |
| Universal Waste only |
| v. Class C and D | $ 10,808 | $ 21,491 | $ 6,396 | ------- |
| vi. Class C and D - | $ 10,808 | $ 21,491 | $ 6,396 | ------- |
| Oil only |
| vii. Class C and D - | $ 10,808 | $ 14,199 | $ 6,396 | ------- |
| Universal Waste only |
| viii. Class B, C | $ 11,672 | $ 24,132 | $ 6,876 | ------- |
| and D |
| ix. Class B, C and D | $ 11,672 | $ 24,132 | $ 6,876 | ------- |
| - Oil only |
| x. Class B, C and D - | $ 11,672 | $ 16,839 | $ 6,876 | ------- |
| Universal Waste only |
| xi. Any Class/add or | ------- | ------- | ------- | $ 2,400 |
| modify Class B |
| xii. Any Class/add or | ------- | ------- | ------- | $ 4,826 |
| modify Class C |
| xiii. Any Class/add | ------- | ------- | ------- | $ 3,140 |
| or modify Class D |
(c) The fee schedule for recycling center annual compliance monitoring services is as follows: 1. For State fiscal year 2006: i. Each recycling center shall pay the applicable annual fee listed in the following table for compliance monitoring services. The fees are billable in equal quarterly installments, during July, October, January and April of State fiscal year 2006. Each invoice shall be payable within 30 days following issuance of the invoice. For newly approved recycling centers, the first annual fee is due on the first July immediately following the issuance of the general approval. | State Fiscal Year 2006 |
| Compliance |
| Type of Center | Monitoring Fees |
| Class B - General Approval | $ 9,130 |
| Class C - General Approval | $ 9,130 |
| Class D - General Approval: Used Oil | $ 12,175 |
| Class D - General Approval: Other than | $ 12,175 |
| Used Oil |
| Exempt composting facilities compliance | $ 1,015 |
| inspection |
ii. All persons that possess a limited approval to operate a recycling center for Class B recyclable material shall submit a fee of $ 700.00 per month for each month of operation authorized by the limited approval. The fee for the total number of months of authorized operation shall be billed during July for the previous one year period. The monthly fee for limited approval shall be applied to offset the Department's costs of advising recycling center owners or operators on technical compliance matters, and to facility compliance inspections.iii. All persons that are in the business of removing automotive mercury switches shall pay an annual fee of $ 445.00 for compliance monitoring services. The fee will be billed during July of each year. The fee is payable within 30 days of billing.2. For each State fiscal year following State fiscal year 2006, the fees set forth at (c)1 above shall be annually adjusted pursuant to N.J.A.C. 7:26A-2.4 and 2.5. The billing schedule for the annually adjusted fees shall be the same as the billing schedule for the fees that are assessed under (c)1 above.(d) The omission of any type of service from the fee schedules set forth in (a), (b) or (c) above, the omission of a fee for a modified type of facility, or if the Department determines that performing its services will exceed the fee the Department charges for annual compliance monitoring services listed at (c) above, shall not prevent the Department from assessing a reasonable fee such services at any time whether prior to, during or after the Department has performed its services. An applicant/permittee that believes a service is not included in (a) above may request the Department to provide an estimate of the fee for that service. As part of its initial review, the Department shall charge the fees for performing its services in connection with the submission. An estimated fee calculated under this subsection is not binding on the Department. The final fee to be charged by the Department shall be based on actual hours worked, multiplied by an hourly rate for recycling center regulation services for State fiscal year 2006 of $ 115.00. For each State fiscal year after State fiscal year 2006, the hourly rate shall be annually adjusted pursuant to N.J.A.C. 7:26A-2.4. The Department will calculate the fee for performance of the Department's services as follows: 1. If the Department determines, in its discretion, that the activity is of a type listed in (a) above, the amount of the fee shall be equal to the amount listed in (a) above.2. If the Department determines, in its discretion, that such activity is not of a type listed in (a) above, the fee shall be equal to the Department's estimate of the number of person-hours required to perform such activity, multiplied by the hourly rate for recycling center regulation services for State fiscal year 2006 of $ 115.00. For each State fiscal year after State fiscal year 2006, the hourly rate shall be annually adjusted pursuant to N.J.A.C. 7:26A-2.4.(e) A determination of an estimated fee made pursuant to (d) above shall expire on the date which is 90 days after the date such determination has been issued, unless the applicant or permittee has paid such fee to the Department in full before expiration. If the applicant or permittee desires to continue to pursue the submission for which the fee determination has expired, such applicant or permittee may request a redetermination of the fee in writing, and the Department shall redetermine the fee in accordance with (d) above, as applicable.(f) The Department may refrain from commencing work on the activity which is the subject of a fee determined pursuant to (a), (b), (c) or (d) above until the Department receives full payment of the fee. If the Department has commenced work, the Department may suspend such work until it receives full payment of such fee.N.J. Admin. Code § 7:26A-2.1
Amended by R.1995 d.205, effective 4/17/1995.
See: 26 N.J.R. 3922(a), 27 N.J.R. 1576(b).
Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Raised fees throughout; inserted (a)3 and (a)4; in (b)1, inserted payable in 30 days provision and amended activities covered by fee; in (b)2, changed fee due date and amended activities covered by fee; inserted (b)3 and (b)4; in (c), deleted text relating to period which fee is applicable.
Administrative change.
See: 30 N.J.R. 3948(a).
Amended by R.2003 d.454, effective 11/17/2003.
See: 35 N.J.R. 321(a), 35 N.J.R. 5268(b).
Rewrote the section.
Amended by R.2008 d.16, effective 1/7/2008.
See: 38 N.J.R. 5227(a), 40 N.J.R. 133(a).
Deleted (b)5; rewrote (c), and the introductory paragraph of (d); in (d)2, substituted "recycling center regulation services for State fiscal year 2006 of $ 115.00" for "of $ 106.00", and inserted the last sentence; in (e), substituted "an estimated" for "a" and "may" for "shall" preceding "request a redetermination"; and rewrote (f).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In (b)4, substituted a comma for "Demonstration and" following "Research" and inserted "and Demonstration"; and added (b)5.