NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Compliance and Enforcement
Solid Waste

Notice of Rule Proposal
Solid Waste Rules; Penalties, Grace Period Provisions
Proposed Amendments and New Rule, N.J.A.C. 7:26-5.10 & N.J.A.C. 7:26H-5.24

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to amend the Solid Waste Rules, N.J.A.C. 7:26, and the Solid Waste Utility Regulations, N.J.A.C. 7:26H. A statement of the substance of the proposal follows:

The Department is proposing to amend the Solid Waste Rules, N.J.A.C. 7:26, and the Solid Waste Utility Regulations, N.J.A.C. 7:26H, to identify violations of the Solid Waste Rules and the Solid Waste Utility Regulations as either minor or non-minor for the purpose of providing grace periods in accordance with P.L. 1995, c. 296 (N.J.S.A. 13:1D-125 et seq.), commonly known as the Grace Period Law. The proposed amended rules set forth how the Department will respond to any violation identified as minor. The Department is also proposing to add penalties for violations not previously included in these rules and to revise the base penalties for all violations.

The proposal is scheduled to be published in the New Jersey Register dated September 6, 2005. A copy of the proposal(PDF) may be accessed from this web site. Copies may also be obtained from LexisNexis at (800) 833-9844 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing(s) concerning the proposal is scheduled as follows:

Monday, October 3, 2005, from 1:00 - 3:00 PM
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08625

Written comments may be submitted by November 5, 2005 to:

NJ Department of Environmental Protection
Leslie W. Ledogar, Esq.
ATTN: DEP Docket No.08-05-04/411
Office of Legal Affairs
P0 Box 402
Trenton, New Jersey 08625