7:26-1.13 Burden of proof
(a) In an enforcement action, or on specific request of the Department, persons claiming that they qualify for any exclusion or exemption in N.J.A.C. 7:26 or that they are not otherwise subject to the rules in N.J.A.C. 7:26 shall demonstrate and appropriately document that they satisfy all terms of the law releasing them from the requirements of N.J.A.C. 7:26.
(b) In an enforcement action, or on specific request of the Department, persons claiming that a certain material is not a solid waste shall demonstrate and appropriately document that the material is not a solid waste.
(c) In an enforcement action, or on specific request of the Department, persons claiming that a certain material is conditionally exempt from N.J.A.C. 7:26 shall demonstrate and appropriately document that they satisfy all terms of the law that renders the material conditionally exempt from N.J.A.C. 7:26.
New Rule, R. 1990 d. 65, effective February 5, 1990. See: 21 N.J.R. 3219(a), 22 N.J.R. 382(a). Amended by R. 1996 d. 500, effective October 21, 1996. See: 28 N.J.R. 1693(a), 28 N.J.R. 4606(a). Recodified from 7:26-1.13 and amended by R. 1996 d. 578, effective December 16, 1996. See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a). Added references to specific request of the Department throughout; and in (c), substituted "an approved alternative use" for "a legal disposition". Section was "Exemption from SWF permitting — leaf composting facilities (leaves only)". Emergency recodification from N.J.A.C. 7:26-1.11 by R. 1997 d. 404. effective September 2, 1997 (to expire November 1, 1997). See: 29 N.J.R. 4170(a). Adopted concurrent proposal, R. 1997 d. 510, effective October 31, 1997. See: 29 N.J.R. 4170(a), 29 N.J.R. 5084(a).