N.J. Admin. Code § 7:26H-8.6

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

Section 7:26H-8.6 - Sale or disposal of assets of privately-owned sanitary landfills

(a) Except as provided in (b) below, the owner or operator of a privately-owned sanitary landfill may sell or otherwise dispose of its assets without the prior approval of the Department.

(b) The owner or operator of a privately-owned sanitary landfill facility shall obtain the approval of the Department prior to:

1. Selling any assets associated with the privately-owned sanitary landfill facility or a portion thereof sufficient to transfer the operation of the privately-owned sanitary landfill facility to a new owner or operator;

2. Selling a controlling ownership interest in the privately-owned sanitary landfill facility; or

3. Merging or consolidating the property of a privately-owned sanitary landfill facility with that of any other person, whether or not that person is engaged in the business of solid waste disposal pursuant to the provisions of the Solid Waste Management Act, 13:1E-1 et seq., the Solid Waste Utility Control Act, 48:13A-1 et seq., or any other act.

(c) An owner or operator seeking approval for a transaction under (b) above shall file with the Department a petition in accordance with N.J.A.C. 7:26H-3.

1. The Department shall review a petition filed pursuant to this section and shall request any additional information necessary for purposes of its review, within 30 days following the receipt of a petition.

2. The Department shall issue, in writing, an approval or denial of the petition within 60 days of receipt of all requested information. In the event that the Department does not issue its decision on the petition for approval within the 60-day period, the transaction shall be deemed to have been approved.

N.J. Admin. Code § 7:26H-8.6