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RESOLUTION SCHEDULING A PUBLIC HEARING ON APRIL 9, 2024, AT 5:45 PM IN THE PASSAIC COUNTY ADMINISTRATION BUILDING, 401 GRAND STREET, ROOM 220, PATERSON, NEW JERSEY TO RECEIVE PUBLIC COMMENTS ON PLAN AMENDMENT 1-2024, PERMITTING K.J. RENZLAND EXCAVATING, INC. TO OPERATE A CLASS B RECYCLING CENTER, PURSUANT TO N.J.A.C. 7:26-6.10
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the Passaic County Department of Health Services, Recycling and Natural Resources Division coordinates all solid waste and recycling planning functions on behalf of the County and its municipalities; and
WHEREAS, pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1, et seq., the County of Passaic is a Solid Waste Management District and is responsible for the development and implementation of a comprehensive solid waste management plan, which meets the needs of every municipality in the County; and
WHEREAS, on August 13, 1980, the Department of Environmental Protection approved, with modifications, the Passaic County District Solid Waste Management Plan; and
WHEREAS, the Solid Waste Management Act requires all recycling facilities located in the County to be included in the Passaic County District Solid Waste Management Plan; and
WHEREAS, K.J. Renzland Excavating, Inc. is located at 921 Burnt Meadow Road, Hewitt (West Milford), New Jersey 07421, and given its physical location within the County, it is part of the Passaic County District Solid Waste Management Plan; and
WHEREAS, K.J. Renzland Excavating, Inc. filed Plan Amendment 1-2024 with the Passaic County Department of Health, Recycling and Natural Resources Division, seeking permission to operate a Class B Recycling Center at a capacity of 400 tons per day (“TPD”) to process and recycle incoming loads of concrete, brick, block, and asphalt pavement millings at its West Milford Facility; and
WHEREAS, pursuant to N.J.A.C. 7:26-6.10(b)(7), the inclusion of a new recycling Class B facility is considered a plan amendment, except as otherwise stated at N.J.A.C. 7:26A-1.4(a) or N.J.A.C. 7:26A-3.7(a); and
WHEREAS, pursuant to N.J.A.C. 7:26-6.10(b), a plan amendment means a modification to the district solid waste management plan, which, if implemented, would have a significant impact on the environment, property rights, public and private funds, or the overall solid waste management system; and
WHEREAS, the County may approve an amendment to the Passaic County District Solid Waste Management Plan, in accordance with the procedure set forth at N.J.A.C. 7:26-6.10; and
WHEREAS, pursuant to N.J.A.C. 7:26-6.10(c), upon the development of a solid waste plan amendment, the Board shall hold a public hearing for the purpose of receiving comments from persons interested in or affected by the adoption of the plan amendment; and
WHEREAS, pursuant to N.J.A.C. 7:26-6.10(c)(1), the County shall publish notice of the public hearing in a newspaper of general circulation in the County once each week for two consecutive weeks, the second publication date being not less than ten (10) calendar days prior to the public hearing date; and
WHEREAS, for purposes of determining weekly publication, Sunday is considered the first day of the week, in conformance with N.J.S.A. 13:1E-23; and
WHEREAS, pursuant to N.J.A.C. 7:26-6.10(c)(2), the notice of the public hearing shall provide a detailed description of the plan amendment and at a minimum, contain the following information: (1) the date, time and place of the public hearing; (2) the name and address of the district solid waste coordinator; (3) when and where the plan amendment can be reviewed; and (4) in the case of a facility, a description and the site location, by municipality, street address, lot and block number, the proposed or expanded capacity and the waste types which will be received; and
WHEREAS, the Solid Waste & Recycling Programs Manager is recommending to hold a public hearing on April 9, 2024 at 5:45 PM in the Passaic County Administration Building, 401 Grand Street, Room 220, Paterson, New Jersey to receive public comments on Plan Amendment 1-2024, and publish the statutorily required notice, attached hereto and made part of this Resolution, in the New Jersey Herald and Bergen Record on March 22, 2024 and March 29, 2024; and
WHEREAS, this matter was discussed at the January 16, 2024, Health and Human Services Committee meeting, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 7:26-6.10, the Board of County Commissioners of the County of Passaic hereby authorizes and schedules a public hearing on April 9, 2024 at 5:45 PM in the Passaic County Administration Building, 401 Grand Street, Room 220, Paterson, New Jersey to hear public comments on Plan Amendment 1-2024, permitting K.J. Renzland Excavating, Inc. to operate a Class B Recycling Center at 921 Burnt Meadow Road, Hewitt (West Milford), New Jersey 07421 (Block 6002, Lot 39.02) to process and recycle concrete, brick, block and asphalt pavement millings at a capacity of four hundred (400) tons per day.
LET IT BE FURTHER RESOLVED, that in accordance with N.J.A.C. 7:26-6.10(c)(1), the Clerk of the Board is hereby authorized and directed to publish the attached notice in the New Jersey Herald and Bergen Record on March 22, 2024, and March 29, 2024.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, Health Officer and Director, Solid Waste & Recycling Programs Manager, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF March 12, 2024