N.J. Admin. Code § 7:1C-9.2

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

Section 7:1C-9.2 - Department decision

(a) If the Department determines that the facility will avoid a disproportionate impact, the Department shall authorize the applicant to proceed with the imposition of conditions set by the Department as necessary to ensure a disproportionate impact is avoided.

(b) If the Department determines that the facility cannot avoid a disproportionate impact, it shall:

1. For new facilities:

i. Deny the application; or

ii. Find that the facility will serve a compelling public interest pursuant to N.J.A.C. 7:1C-5.3 in the overburdened community and authorize the applicant to proceed with the imposition of conditions set by the Department as necessary to avoid or minimize contributions to adverse environmental and public health stressors, reduce adverse environmental and public health stressors, and/or provide a net environmental benefit in the overburdened community;

2. For expanding facilities: authorize the applicant to proceed with the Department permitting the imposition of appropriate conditions set by the Department as necessary to avoid or minimize contributions to adverse environmental and public health stressors, reduce adverse environmental and public health stressors, or provide a net environmental benefit in the overburdened community;

3. For major source renewals: authorize the applicant to proceed with the Department permitting the imposition of appropriate conditions set by the Department as necessary to avoid or minimize contributions to adverse environmental and public health stressors in the overburdened community; and

4. The Department shall not issue a decision that would compromise the reasonable requirements of public health, safety, and welfare to the environment in the overburdened community.

N.J. Admin. Code § 7:1C-9.2

Adopted by 55 N.J.R. 661(b), effective 4/17/2023