N.J. Admin. Code § 7:27-2.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-2.8 - Dangerous material

(a) The Department may issue a permit for the open burning of dangerous material, except in any municipality which prohibits such open burning, where no other known method of disposal can be used without hazard to health or property, upon a finding of merit in an affidavit filed with the Bureau of New Source Review on a form provided by the Department by the person seeking to engage in such activity.

(b) The permit may be conditioned upon meteorological factors and any other requirements which the Department deems to be necessary and is revocable at the discretion of the Department.

(c) The permit may be issued for a period not to exceed seven days, or for a period not to exceed 60 days, or for a period not to exceed six months and no disposal of dangerous materials by open burning shall commence until a permit is issued and current.

(d) The affidavit shall set forth the following and any other information requested by the Department:

1. The name, address and telephone number of the person submitting the affidavit; if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the dangerous material is to be burned;

2. The type of business or activity involved;

3. Municipal restrictions on open burning of dangerous material;

4. The proposed operating practice including the type and quantity of dangerous material to be disposed of by open burning;

5. Whether the open burning is to be carried on in a single instance or the frequency if intermittent;

6. The exact location at which the dangerous material will be disposed of by open burning;

7. Reasons why the dangerous material cannot be disposed of by any method other than by open burning without resulting in a hazard to health or property; and

8. Measures undertaken to eliminate or to reduce the quantity of dangerous material to be disposed of by open burning:

i. Prior to the initial submittal of an affidavit; or

ii. Since the issuance of the previous permit if the affidavit is for a renewal.

N.J. Admin. Code § 7:27-2.8

As amended, R.1981 d.135, effective 5/7/1981 (to become operative June 7, 1981).
See: 12 New Jersey Register 690(a), 13 New Jersey Register 264(a).
(a) "Bureau of Air Pollution Control on a form provided by the Department" added, "Department" deleted.
(c) "single event" deleted, and "period not to exceed seven days" and "or for a period not to exceed six months" added; "dangerous" materials was "hazardous" materials.
(d)1, 3, 4, 6, 7: "dangerous" material was "hazardous" material; (d)8 added.
Administrative Correction in (a) changed Air Pollution Control to New Source Review; in (d)2 changed of to or.
See: 23 New Jersey Register 1166(b).