(a) A participating entity that wishes to withdraw its participation in Silver Track II shall first enter into an Administrative Consent Order (ACO) with the Department which shall contain scheduled transition milestones and a final compliance date. The ACO shall also set forth appropriate penalties stipulated for an entity's failure to comply with the terms of the ACO.(b) A participating entity may withdraw its participation in Silver Track II at any time during the life of its Silver Track II Covenant with written notification to the Department. Withdrawal shall be effective on the date the ACO identified in (a) above is executed by all parties. The withdrawal notification shall be addressed to: New Jersey Department of Environmental Protection
Office of Pollution Prevention and Permit Coordination
401 East State Street 3rd Floor East Wing
PO Box 423
Trenton, New Jersey 08625-0423
Attention: Silver Track II Program Manager
(c) A participating entity that has withdrawn its participation in Silver Track II shall no longer be entitled to the incentives and flexibilities set forth in N.J.A.C. 7:26-2C.9.(d) A participating entity that has withdrawn its participation in Silver Track II may be re-instated into the program by re-applying as set forth in N.J.A.C. 7:26-2C.3(a) through (c).N.J. Admin. Code § 7:26-2C.10
New Rule, R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).