N.J. Admin. Code § 7:27-34.12

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

Section 7:27-34.12 - Department approval to transfer non-yard trucks between two facilities

(a) An owner or operator may request approval to transfer non-yard trucks between two port terminals or intermodal rail yards.

(b) No person may operate any transferred cargo handling equipment that does not meet the performance standards set forth at N.J.A.C. 7:27-34.5, unless the Department notifies the applicant, in writing, that the transfer plan is approved.

(c) If the Department approves a transfer plan, the owner or operator shall operate the subject cargo handling equipment in accordance with the approval.

(d) The owner or operator shall submit its application to the Department at least 30 days prior to the proposed transfer date on a form available from the Department at www.stopthesoot.org. The application shall include:

1. Owner or operator name, address, and contact information;

2. Number of pieces of equipment requested to be transferred:

3. Equipment and engine information, including make, model, serial number, horsepower, and other information that uniquely identifies the equipment or engine subject to the transfer request;

4. Hours of operation of each piece of equipment subject to the transfer request; and

5. Proximity of the new location to residences.

(e) Within 30 days after receipt of an application, the Department will notify the applicant if the application is administratively complete or incomplete.

1. If the application is incomplete, the Department will notify the applicant of the additional information required and provide 30 days for the applicant to submit the information to the Department. Upon determining that the application is complete, the Department will notify the applicant.

2. The Department may request additional information relevant to the required demonstrations at N.J.A.C. 7:27-34.12 from an applicant at any time after the submittal of an application, regardless of whether the application is administratively complete at the time of the Department's information request. A Department request for additional information shall not alter the completeness status of the application.

3. If an applicant fails to submit the information requested by the due date, the Department will deny the application.

(g) The Department will approve or deny an application within 30 days of receipt of an administratively complete application.

(h) The Department will allow the transfer of non-yard truck cargo handling equipment between two port terminals or intermodal rail yards, if the owner or operator submits its request and transfer plan to the Department on a form available at www.stopthesoot.org, at least 30 days prior to the applicable transfer date, provided:

1. The facilities that the equipment is being transferred from and to are under the control of the same owner or operator;

2. The owner or operator agrees to bring the transferred equipment into compliance with the requirements at N.J.A.C. 7:27-34.7 before the equipment is put into operation at the new location; and

3. The Department determines that the transfer plan does not result in a significant increase in public health impacts.

N.J. Admin. Code § 7:27-34.12

Adopted by 55 N.J.R. 142(b), effective 2/6/2023