N.J. Admin. Code § 7:26H-8.5

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

Section 7:26H-8.5 - Contested case proceedings

(a) The Department may initiate contested case proceedings in the Office of Administrative Law whenever, on the basis of available information, the Department has reasonable grounds to believe that the solid waste disposal rates collected by a privately-owned sanitary landfill facility are not the market-based rates as authorized in 7:26H-1.12.

(b) At least 30 days prior to transmittal of the contested case to the Office of Administrative Law pursuant to (a) above, the Department shall serve a notice on the owner or operator of the affected facility that contains the following information:

1. The solid waste disposal rate or rates at issue;

2. A description of the evidence relied upon, including copies of relevant documents, by the Department in its determination that the rates are not market-based rates; and

3. A statement informing the owner or operator that he or she will have an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., on the rates at issue.

(c) Within 30 days after the close of the hearing at the Office of Administrative Law, the administrative law judge shall issue an initial decision which may recommend that the Department order the owner or operator of the affected facility to adjust the solid waste disposal rates collected by the privately-owned sanitary landfill to bring the rates into compliance with the market-based rates authorized in N.J.A.C. 7:26H-1.12, if the Department shows that the solid waste disposal rates are:

1. Not in compliance with the market-based rates authorized in 7:26H-1.12 and the owner or operator of the affected facility has not demonstrated that the rates are designed to stabilize incoming waste flows; or

2. Needed to meet the revenue requirements of the privately-owned sanitary landfill facility.

(d) The administrative law judge's initial decision shall be simultaneously served on the Department and the owner or operator of the affected facility. Within 30 days of receipt of the initial decision, the Department shall issue a final order affirming or rejecting the recommendations of the administrative law judge and describing with specificity the basis in the record for any findings or conclusions which are contrary to those set forth in the initial decision.

(e) An opportunity shall be afforded each party of record to file exceptions, objections, and replies as set forth in the Administrative Procedure Act at 52:14B-10, and the Uniform Administrative Procedure Rules at N.J.A.C. 1:1, with respect to any initial decision issued by the Administrative Law Judge in (d) above.

(f) For good cause shown, in accordance with the provisions of the Administrative Procedure Act at 52:14B-10 and the Uniform Administrative Procedure Rules at N.J.A.C. 1:1, the time limits stated in this section may be subject to extension.

(g) If the Department does not act on the initial decision within 90 days of its receipt, or within any extended period agreed to, in writing, by the owner or operator of the affected facility, the recommendations of the administrative law judge shall be deemed affirmed and the final agency decision in the case for the purposes of appeal. Any order on the initial decision issued by the Department thereafter shall be of no effect.

(h) Except to the extent expressly modified in this section, the contested case proceeding authorized pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, including rules applicable to summary decision motions.

N.J. Admin. Code § 7:26H-8.5