The compelling-public-interest test has three prongs. All three must be met.
- Essential need. The facility must serve an essential environmental, health, or safety need of the people in the overburdened community itself — not the region.
- Necessary. The facility must be necessary to meet that need.
- No alternative. There must be no reasonably available alternative way to fulfill that need.
N.J.A.C. 7:1C-1.5; 7:1C-5.3; 7:1C-9.2(b). Economic benefits, including job creation, are expressly excluded from this analysis.
Van Keuren's application fails every prong.
Two similar facilities already sit within a mile. The benefits the applicant cites — recycling capacity, convenient collection — are county and statewide, not local. The fourteen jobs it promises are, by regulation, irrelevant. And the applicant itself concedes other locations exist; they simply call this one "ideal."
DEP's own examples of facilities that could qualify — small food-waste sites, public water infrastructure, renewable energy, combined sewer overflow projects — describe the opposite of what's proposed here.