N.J. Admin. Code § 7:26A-3.1

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

Section 7:26A-3.1 - General requirements applicable to all recycling centers that receive, store, process, or transfer Class B, Class C, or Class D recyclable material

(a) No recycling center shall receive, store, process or transfer any Class B, Class C or Class D recyclable material without the prior written approval of the Department. The procedures for obtaining approval are set forth at N.J.A.C. 7:26A-3.2, 3.4, 3.5, 3.7, 3.8, and 3.18 through 3.20. All persons issued a general or limited approval to operate a recycling center for Class B, Class C and/or Class D recyclable material pursuant to this subchapter shall comply with all conditions of the approval.

(b) Any person who operates a recycling center for the receipt, storage, processing or transfer of Class B, Class C or Class D, recyclable material without the prior written approval of the Department shall be considered to be operating an unlicensed solid waste facility and shall be subject to penalties as set forth in N.J.S.A. 13:1E-9 and N.J.A.C. 7:26-5in addition to penalties which may be assessed by other regulatory agencies pursuant to their authority. That person may also be subject to penalties for violations of any other Department rules and the statutes under which such rules are promulgated.

(c) Prior to filing an application with the Department for recycling center general approval, and concurrent with or subsequent to filing for inclusion in the applicable district Solid Waste Management Plan, the applicant shall publish a notice in a newspaper of general circulation within the host municipality which indicates that the applicant will apply to the solid waste management district for inclusion of a recycling center in the solid waste management plan of the district in which the recycling center is located and will apply to the Department for recycling center approval. The notice shall include the following:

1. The name of the proposed recycling center, the name of the owner or operator of the proposed recycling center and the nature of the project;

2. The generally recognized address of the proposed recycling center, as well as the block and lot of the proposed recycling center;

3. An indication that a copy of the application for district solid waste management plan inclusion may be examined at the office of the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located or at the applicable municipal clerk's office; and

4. An indication that comments regarding the application for district solid waste management plan inclusion can be made at the public hearing which shall be held by the board of chosen freeholders or the New Jersey Meadowlands Commission, submitted to the county clerk's office or submitted to the office of the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located.

(d) The notice shall be published two times by the applicant with the second publication being no less than 15 days prior to the public hearing held by the applicable board of county commissioners. The applicant shall forward a copy of the notice to the New Jersey Department of Environmental Protection, Division of Sustainable Waste Management, and to the municipality in which the recycling center will be operating, upon its publication.

N.J. Admin. Code § 7:26A-3.1

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Inserted references to class C and D throughout; in (a), inserted additional N.J.A.C. references; inserted (d)1 through (d)3; in (e), inserted "general" preceding "approval" and substituted "concurrent with or subsequent to" for "prior to"; and in (f), changed name of the Department and the Division.
Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 N.J.R. 4170(a), 29 N.J.R. 5084(a).
Deleted (d); and recodified existing (e) and (f) as (d) and (e). Readopted provisions of Emergency Amendment R.1997 d.404 without change.
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Deleted former (c); recodified former (d) and (e) as (c) and (d); in the introductory paragraph of (c), substituted "solid waste management district" for "county"; in (c)3 and (c)4, substituted "district solid waste management" for the first occurrence of "county" and "solid waste management district" for the second occurrence of "county"; in (c)4, inserted "or the New Jersey Meadowlands Commission"; and in (d), deleted "Division of" preceding "Solid" and inserted "Management Program".
Notice of readoption with technical change.
See: 48 N.J.R. 76(a).

Amended by 54 N.J.R. 1912(a), effective 10/3/2022