N.J. Admin. Code § 7:26-2.6

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

Section 7:26-2.6 - Procedures and grounds for modification, revocation and reissuance and termination of SWF permits

(a) When the Department receives any information concerning a solid waste facility, it may determine whether or not one or more of the causes listed at (a)4 below for modification or revocation and reissuance exist.

1. If cause exists, the Department may modify, or revoke and reissue the SWF permit, subject to the limitations of this section, and may require the SWF permittee to submit an updated or new application in accordance with (e) below, if appropriate. When a permit is modified, only the SWF permit conditions subject to modification may be reopened for public comment. If a permit is revoked and reissued, the entire permit shall be reopened for public comment and the permit shall be reissued for a new term.

2. If a cause does not exist under this subsection or (c) below, the Department shall not modify or revoke and reissue the permit. The Department shall notify the person submitting the request that cause does not exist for a permit condition modification or a revocation and reissuance of the permit.

3. If a permit modification satisfies the criteria in (d) below for a minor modification, the permit may be modified without issuance of a tentative approval or public comment thereon. Otherwise, a tentative approval of the modified SWF permit conditions or of the revoked and reissued SWF permit shall be prepared pursuant to (e) below and the procedures in 7:26-2.4(g) 11 through 25 followed.

4. The following may be cause for modification of permit conditions or revocation and reissuance of the SWF permit at the discretion of the Department.

i. There are material and significant alterations or additions to the permitted facility or operation which occurred after permit issuance which justify the application of permit conditions that are different from or absent in the existing permit. For the purpose of this subchapter, a material and significant alteration or addition is defined as:

(1) A major alteration to or addition of a new structure to the facility, which is not deemed to be a minor modification as set forth at (d) below and which would result in a significant change in the approved environmental impacts of the facility;

(2) An increase in the approved capacity of the facility which would result in a significant change in the approved environmental impacts of the facility; and

(3) A major alteration in the operations of the facility which would result in a significant change in the approved environmental impacts of the facility;

ii. The Department has received information that was not available at the time of permit issuance that would have justified the application of different permit conditions at the time of issuance. This shall include any information indicating that the effects on the environment are unacceptable or that the facility is being operated in an environmentally unsound manner;

iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by a judicial decision after the permit was issued. Permits may be modified for this cause only as follows:

(1) For promulgation of amended standards or regulations, when the permit condition to be modified was based on a requirement of N.J.A.C. 7:26, and the Department has revised, repealed or modified that portion of the regulation on which the permit condition was based; and

(2) For judicial decisions, a court of competent jurisdiction has remanded and stayed a Department regulation or guideline, if the remand and stay concerned that portion of the regulation or guideline on which the permit condition was based and a request is filed by the permittee.

5. The Department shall follow the applicable procedures in (e) below while pursuing a modification or revocation and reissuance of any permit under this section.

(b) The Department may modify or, alternatively, revoke and reissue a permit if cause exists for termination under (c) below and the Department determines that modification or revocation and reissuance is appropriate.

(c) When the Department receives any information concerning a facility, it may determine whether or not one or more of the causes listed below for termination of the permit exist and shall proceed as set forth below.

1. The following are causes for terminating a permit during its term or for denying a permit renewal application.

i. Noncompliance with any condition of the permit;

ii. The permittee's failure in the application, during the permit issuance process or at any subsequent time during the permitted operations of the facility to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time, including a material and significant alteration or addition to the permitted facility;

iii. A determination by the Department that the facility is being operated in an environmentally unsound manner;

iv. A determination that the permitted activity endangers human health or the environment, or has the potential to do so, and can only be regulated to acceptable levels by permit modification or termination; or

v. A change in ownership or operational control of a permitted facility not in compliance with 7:26-2.7(e);

2. The Department shall follow the applicable procedures in (e) below in terminating any permit under this section.

(d) Upon the request of the permittee, an interested party or for good cause, the Department may make certain minor modifications to a permit without issuing a tentative approval, providing public notice thereof or holding a public hearing thereon.

1. Minor modifications to the permit shall be made to accomplish only the following:

i. Require more frequent monitoring or reporting by the permittee;

ii. Change an interim compliance date in a schedule of compliance, provided the new date does not interfere with attainment of the final compliance date requirement;

iii. Change a compliance schedule when the cause of the required change is an event over which the permittee has little or no control, such as a flood, strike or material shortage, or another event for which the permittee has no reasonable available remedy;

iv. Delete types of solid waste being accepted for handling, processing or storage at the facility or include types which are similar in nature to those included in the permit at the time of issuance without increasing the design capacity of the facility;

v. Change the testing methods or procedures in the permit as a result of changes to standardized methods or procedures;

vi. Revisions as necessary to conform to a decision by the Department rendered after an adjudicatory hearing or any settlement of the issues for which an adjudicatory hearing has been requested, pursuant to 7:26-2.4(g);

(1) After settlement of the issues for which an adjudicatory hearing had been requested, those persons who commented on the tentative approval shall receive notice of any revised permit conditions; or

vii. Changes in the design or operation of the facility which, in the best engineering judgement of the Department, will upgrade or cause no change in the environmental performance or reduce adverse environmental or human health impacts and/or are consistent with any applicable solid waste facility performance partnership agreement pursuant to 7:26-2.14 or Silver Track II Covenant pursuant to N.J.A.C. 7:26-2C.

2. A minor modification shall be effective within 60 days from the receipt by the Department of the request submitted pursuant to (d)1 above. In the event that the Department determines, based on the information submitted, that a modification of permit conditions or the revocation and reissuance of the permit pursuant to (a)3 above is warranted, the Department shall notify the permittee within 60 days of the receipt of the request. In the event that the Department fails to take action on a request for a minor modification within 60 days, the minor modification shall be deemed effective.

(e) Permits may be modified, revoked and reissued, or terminated either upon written request of the permittee, or upon the Department's initiative. The request shall set forth the relevant factors and rationale supporting the request. Upon receipt of any request, the Department shall follow the procedures set forth below:

1. Within 30 days of receipt of a request to modify or revoke and reissue, or terminate a permit, the Department shall review the request and determine whether the grounds exist for modification, revocation and reissuance or termination.

i. If the Department determines that grounds exist for modification, revocation and reissuance or termination consistent with (a)4, (b) or (c) above, it shall notify the permittee and, if necessary, require the permittee to submit information, including, but not limited to, a new or updated application.

ii. If the Department determines that grounds do not exist for modification, revocation and reissuance or termination, the Department shall notify the requesting party.

2. If a new or updated application is required, the Department shall follow the procedures for review and tentative approval outlined at 7:26-2.4(g).

3. If a new or updated application is not required, the Department shall, within 60 days of determining that a request is complete, deny or prepare a tentative approval incorporating the proposed change pursuant to 7:26-2.4(g)12.

4. In a permit modification only those conditions to be modified shall be reopened for public comment in accordance with the procedures set forth at 7:26-2.4(g)13 through 25. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit.

5. During any modification proceeding, the permittee shall, at a minimum, comply with all conditions of the existing permit and such interim conditions as the Department may impose to protect human health and the environment until the modification proceedings are completed.

6. When a permit is revoked and reissued, the entire permit shall be reopened in accordance with the procedures set forth at 7:26-2.4. During any revocation and reissuance proceeding, the permittee shall, at a minimum, comply with all conditions of the existing permit and such interim conditions as the Department may impose to protect human health and the environment until a new final permit is issued; or

7. Minor modifications as defined in (d) above are not subject to the requirements of this subsection.

8. If the Department tentatively decides to terminate a permit under (c) above, it shall issue a notice of intent to terminate. The notice of intent to terminate shall be processed in accordance with the same procedures as a tentative approval pursuant to 7:26-2.4(g)11 through 25.

N.J. Admin. Code § 7:26-2.6

As amended, R.1975 d.66, effective 3/14/1975.
See: 7 New Jersey Register 149(b).
As amended, R.1975 d.271, effective 9/15/1975.
See: 7 New Jersey Register 463(b).
As amended, R.1978 d.72, effective 2/27/1978.
See: 9 New Jersey Register 459(d), 10 New Jersey Register 146(a).
As amended, R.1983 d.570, effective 12/5/1983.
See: 15 New Jersey Register 660(a), 15 New Jersey Register 2040(b).
(e) deleted.
Amended by R.1985 d.65, effective 2/19/1985.
See: 16 New Jersey Register 440(a), 17 New Jersey Register 446(c).
(e) added.
Amended by R.1986 d.388, effective 9/22/1986.
See: 17 New Jersey Register 2719(a), 18 New Jersey Register 1932(a).
(e)2i and ii deleted; new (e)2i through vi added and new (e)5 added.
New Rule, R.1987 d.235, effective 6/1/1987.
See: 18 New Jersey Register 883(a), 19 New Jersey Register 928(b).
Repealed subsection (a)-(d) of "Sanitary landfill operational requirements (Specified)" and recodified subsection (e) to 7:26-2A.8(l).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
Substantially amended section.
Administrative change.
See: 30 New Jersey Register 3948(a).
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
In (d), inserted "or Silver Track II Covenant pursuant to N.J.A.C. 7:26-2C" in 1vii.