New Jersey § 13:1d-44

§ 13:1d-44.

a. The department, pursuant to the criteria established in rules and regulations adopted

pursuant to subsection c. of section 6 of this act, 1 may direct the owner or operator of an industrial facility which is not designated

a priority industrial facility pursuant to section 3 2 or subsection h. of section 8 of this act, 3 to prepare a pollution prevention plan for the industrial facility and to submit

a pollution prevention plan summary and pollution prevention plan progress report

to the department. An owner or operator of an industrial facility directed to prepare a pollution prevention

plan, pollution prevention plan summary, and pollution prevention plan progress report

pursuant to this subsection shall prepare the pollution prevention plan, submit the

pollution prevention plan summary to the department within 18 months of receipt of

the department's directive, and shall annually submit to the department a pollution

prevention plan progress report. b. The department shall have the authority to approve a pollution prevention plan,

pollution prevention plan summary, or pollution prevention plan progress report prepared

pursuant to this section, and to require the owner or operator of an industrial facility

to make any revisions or modifications in a pollution prevention plan or pollution

prevention plan summary necessary for compliance with the provisions of this act,

as determined by the department pursuant to rules and regulations adopted pursuant

to section 6 of this act. In reviewing a pollution prevention plan, pollution prevention plan summary, or

pollution prevention plan progress report, the department shall have the authority

to require an owner or operator of an industrial facility to provide such information

as the department deems necessary to support the owner or operator's identification

of a targeted production process or targeted source. If the department requires the owner or operator of an industrial facility to make

revisions or modify a pollution prevention plan, pollution prevention plan summary,

or pollution prevention plan progress report, the department shall consider the financial

impact on the owner or operator of the industrial facility of the changes or modifications. c. At the time of an initial application for, or an application for the renewal of,

any permit, certificate, registration, or any other relevant approval issued by the

department pursuant to P.L.1970, c. 33 ( C. 13:1D-1 et seq. ), P.L.1970, c. 39 ( C. 13:1E-1 et seq. ), P.L.1977, c. 74 ( C. 58:10A-1 et seq. ), or P.L.1954, c. 212 ( C. 26:2C-1 et seq. ) to the owner or operator of an industrial facility that has been directed by the

department to prepare a pollution prevention plan and pollution prevention plan summary

pursuant to subsection a. of this section, the department may require that the permit,

certificate, registration, or approval include the pollution prevention strategies

set forth in the pollution prevention plan or pollution prevention plan summary prepared

for the industrial facility. d. The department may revoke, issue, reissue, or modify any permit, certificate, registration,

or any other relevant approval issued by the department pursuant to P.L.1970, c. 33

( C. 13:1D-1 et seq. ), P.L.1970, c. 39 ( C. 13:1E-1 et seq. ), P.L.1977, c. 74 ( C. 58:10A-1 et seq. ), or P.L.1954, c. 212 ( C. 26:2C-1 et seq. ) to the owner or operator of an industrial facility that has been directed by the

department to prepare a pollution prevention plan and pollution prevention plan summary

pursuant to subsection a. of this section for the purpose of including the pollution

prevention strategies set forth in the pollution prevention plan or pollution prevention

plan summary prepared for the industrial facility. Any action taken by the department pursuant to this subsection to revoke, issue,

reissue, or modify any permit certificate, registration, or other department approval

may be appealed pursuant to the provisions of P.L.1970, c. 33 ( C. 13:1D-1 et seq. ), P.L.1970, c. 39 ( C. 13:1E-1 et seq. ), P.L.1977, c. 74 ( C. 58:10A-1 et seq. ), or P.L.1954, c. 212 ( C. 26:2C-1 et seq. ), as appropriate. 1

N.J.S.A. § 13:1D-40. 2

N.J.S.A. § 13:1D-37. 3

N.J.S.A. § 13:1D-42.