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Section I
General Conditions Applicable to All Permits
1. Duty to Comply
(a) Pursuant to N.J.A.C. 7:26-2.8(i), the permittee shall operate the facility in compliance with the requirements of N.J.A.C. 7:26-2.11. 1
(b) Pursuant to N.J.A.C. 7:26-2.8(j), the permittee shall operate the facility in conformance with all of the conditions, restrictions, requirements and any other provisions set forth in this permit.
(c) Pursuant to N.J.A.C. 7:26-2.8(k), except for minor modifications as set forth at N.J.A.C. 7: 2 6 - 2. 6 (d), the permittee shall not modify, revise or otherwise change any condition of this permit without prior written approval of the Department.
2. Duty to Reapply
(a) Pursuant to N.J.A.C. 7:26-2.7(b)1, if the permittee wishes to continue the operation of this facility after the expiration date of this permit, the permittee shall apply for permit renewal at least 90 days prior to the expiration date of this permit, and the facility must be included in the District Solid Waste Management Plan at the time of such application.
(b) Pursuant to N.J.A.C. 7:26-2.7(c), the conditions of this permit shall continue in force beyond the expiration date of this permit pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-11, until the effective date of a new permit if:
1. The permittee has submitted a timely and complete application for a renewal permit pursuant to (a) above; and
2. The Department, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of this permit, due to time or resource constraints.
(c) Pursuant to N.J.A.C. 7:26-2.7(d), permits continued under said section remain fully effective and enforceable, and if the permittee is not in compliance with any one of the conditions of the expiring or expired permit the Department may choose to do any or
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all of the following:
1. Initiate enforcement action based on the permit, which has been continued;
2. Issue a notice of intent to deny the new permit under N.J.A.C. 7:26-2.4. If the permit is denied, the permittee would then be required to cease activities and operations authorized by the continued permit or be subject to an enforcement action for operating without a permit;
3. Issue a new permit under N.J.A.C. 7:26-2.4 with appropriate conditions; or
4. Take such other actions as are authorized by N.J.A.C. 7:26-1 et seq. or the Solid Waste Management Act, N.J.S.A. 13:lE-1 et seq.
3. Need to Mitigate
(a) Pursuant to N.J.A.C. 7:26-2.8(p), should the Department determine that the facility is operating in an environmentally unsound manner, the permittee shall:
1. Within 90 days of notification by the Department, submit a plan to close or environmentally upgrade the facility in conformance with the applicable standards, as determined by the Department and set forth in N.J.A.C. 7:26-1 et seq.;
2. Within 90 days of receipt of written approval by the Department of the submitted plan, begin to close or construct the environmental upgrading at the facility; and
3. Within one year of receipt of written approval by the Department of the submitted plan, complete closure or construction of the environmental upgrading at the facility.
(b) Pursuant to N.J.A.C. 7:26-2.8(q), a one time extension of the compliance schedule establish ed by N.J.A.C. 7:26-2.8(p) shall be granted by the Department provided the permittee demonstrates that it has made good faith effort to meet the schedule.
(c) Pursuant to N.J.A.C. 7:26-2.8(r), should the environmental upgrading required pursuant to N.J.A.C.7: 26-2.8(p) not be completed or should continued operations be determined by the Department to be
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environmentally unsound despite the implementation of the plan approved pursuant to N.J.A.C. 7:26-2.8(p), the facility shall temporarily or permanently cease operations and close or enter into receivership, as provided for in N.J.S.A. 13:lE-9, for that period of time necessary to rectify the environmentally unsound conditions.
4. Permit Actions
(a) Pursuant to N.J.A.C. 7:26-2.6(a) l, if cause exists, the Department may modify, or revoke and reissue this permit, subject to the limitations of that section, and may require the permittee to submit an updated or new application in accordance with N.J.A.C. 7:26-2.6(e), if appropriate.
(b) Pursuant to N.J.A.C. 7:26-2.6(b), the Department may modify or, alternatively, revoke and reissue this permit if cause exists for termination under N.J.A.C. 7:26-2.6(c) and the Department determines that modification or revocation and reissuance is appropriate.
(c) Pursuant to N. LT.A.C. 7:26-2.6(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.
(d) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, the permittee shall promptly submit such facts or information.
5. Signatory Requirements
(a) All completed registration statements submitted by the permittee shall be signed as specified at N.J.A.C. 7:26-2.4(e) l.
(b) All engineering designs and reports, the environmental and health impact statement, other information requested as "Addendums" by the Department pursuant to N.J.A.C. 7:26-2.4(f) and (g) 4 and documents required to be submitted pursuant to N.J.A.C. 7:26-2.9 and 2.10, submitted on behalf of the permittee, shall be signed by a person described in N.J.A.C. 7:26-2.4(e) l or by a
duly authorized representative of that person, as
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specified at N.J.A.C. 7:26-2.4(e)2.
(c) Any person signing a registration statement, engineering design or report, environmental and health impact statement or addendum mentioned in N.J.A.C. 7:26-2.4(e)l or (e)2, submitted on behalf of the permittee, shall make the certification specified at N.J.A.C. 7:26-2.4(e)3.
6. Transfers
(a) Pursuant to N.J.A.C. 7:26-2.8(1), the permittee shall not transfer ownership of the permit without receiving prior written approval of the Department, in accordance with N.J.A.C. 7:26-2.7(e).
(b) Pursuant to N.J.A.C. 7:26-2.7(e)l, a written request for permission to allow any transfer of ownership or operational control of the facility must be received by the Department at least 180 days in advance of the proposed transfer. The request for approval shall include the following;
1. A registration statement completed by the prospective new permittee on forms provided by the
Department;
2. A disclosure statement as required by N.J.A.C. 7:26-16.4 completed by the proposed transferee;
and
3. A written agreement between the permittee and the proposed new permittee containing a specific future date for transfer of ownership or operations.
(c) Pursuant to N.J.A.C. 7:2G-2.7(e) 2, a new owner or operator may commence operations at the facility only after the existing permit has been revoked and a permit is issued pursuant to N.J.A.C. 7:26 2.4.
(d) Pursuant to N.J.A.C. 7:26-2.7(e) 3, the permittee of record remains liable for ensuring compliance with all conditions of the permit unless and until the existing permit is revoked and a new permit is issued in the name of the new owner or operator.
(e) Pursuant to N.J.A.C. 7:26-2.7(e) 4, compliance with the transfer requirements set forth in that subsection shall not relieve the permittee from the separate responsibility of providing notice of such transfer
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pursuant to the requirements of any other statutory or regulatory provision.
7. Registration Statement
(a) Pursuant to N.J.A.C. 7:26-2.8(b), prior to May 1 of each calendar year the permittee shall submit to the Department a statement updating the information contained in the permittee's initial registration statement. This update shall be on forms furnished by the Department. In no case shall submission of an updated statement alter conditions of this permit.
(b) Pursuant to N.J.A.C. 7:26-2.8(c), the permittee shall notify the Department in writing within 30 days of any change in the information set forth in the permittee's current registration statement.
(c) Pursuant to N.J.A.C. 7:26-2.8 (d), failure of the permittee to submit an updated registration statement and to submit all applicable fees, required by N.J.A.C. 7:26-4, on or before Tuly 1 of each calendar year shall be sufficient cause for the Department to revoke this permit or take such other enforcement action as is appropriate.
8. Duty to Update Disclosure Statement
Regulations established at N.J.A.C. 7:26-16.6(b) and N.J.A.C.7:26-16.6(c) are not applicable since the permittee is the operator of the facility.
9. Operating Record and Reporting Requirements
(a) The permittee shall maintain a daily record of wastes received. The record shall include the information specified at N.J.A.C. 7:26-2.13(a).
(b) The daily record shall be maintained, shall be kept, and shall be available for inspection in accordance with N.J.A.C. 7:26-2.13(b).
(c) The permittee shall submit monthly summaries of wastes received to the Division of Solid and Hazardous Waste, Bureau of Recycling and Planning and the Solid Waste Coordinator for the District where the facility is located, on forms provided by the Department (or duplicates of same), no later than 20 days after the last day of each month. The monthly summaries shall include the information specified at N.J.A.C. 7:26-2.13(e).
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10. Conformance to the District Solid Waste Management Plan
Pursuant to N.J.A.C. 7:26-6.12(b), the permittee shall operate the facility in compliance with any applicable district solid waste management plan(s) as well as any amendments to and/or approved administrative actions concerning such plan(s). Should the permittee fail to comply with any applicable district solid waste management plan(s) as well as any amendment to or approved administrative actions concerning such plan(s)-, the permittee shall be deemed in violation of N.J.S.A. 13:lE-1 et seq. and N.J.A.C. 7:26-1 et seq. and shall be subject to applicable penalties provided thereunder, and any other applicable laws or regulations.
11. Compliance with Other State Regulations and Statutes
Pursuant to N.J.A.C. 7:26-2.8(h), the issuance of this permit shall not exempt the permittee from obtaining all other permits or approvals required by law or regulations.
End of Section I
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