New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Attachment G - DREDGED MATERIAL ACCEPTABLE USE DETERMINATION PROCESS

Current through Register Vol. 56, No. 14, July 15, 2024
All persons producing structural or nonstructural fill,
				manufactured soil, or using (refer to Chapter 5 of this appendix), processing,
				or transferring dredged materials in New Jersey must obtain an Acceptable Use
				Determination (AUD) from the Department as outlined below prior to any use,
				processing, or transfer of the dredged material or products containing dredged
				material. The process for obtaining an AUD for dredged material from the tidal
				waters of the State of New Jersey and adjacent interstate waters is as
				follows:
I.
GLOSSARY of TERMS
The following terms as defined herein are applicable to this
				attachment of the appendix.
A. "Acceptable use" means the use that is determined by the
				Department as appropriate for the dredged material, admixture, or product that
				will be protective of human health and the environment and is consistent with
				the requirements of Section II.C below.
B. "Acceptable use site" means the site at which the dredged
				material, admixture, or product is used directly as a replacement for a
				generally-accepted and similarly-manufactured product, or as raw material to
				make such a product.
C. "Acceptable use project" means the acceptable use site of
				dredged material, admixture, or product, or a dredged material processing
				facility, as authorized pursuant to an AUD.
D. "Admixture" means the materials that are blended with
				dredged material to produce a product.
E. "Dredged material processing facility" means the site at
				which dredged material is directly transferred, or is blended with admixtures
				and then transferred, to another facility or site for direct use or further
				processing.
F. "Owner/operator" means the individual, trust, firm, joint
				stock company, Federal agency, corporation (including a government
				corporation), corporate official, partnership, association, State,
				municipality, commission, political subdivision of a state, or any interstate
				body to which an AUD is issued.
G. "Product" means the manufactured soil, structural or
				nonstructural fill, or other material, produced by the processing of dredged
				material with admixtures, that meets the specifications and standards for
				generally-accepted and similarly-manufactured products or raw materials used in
				the economic mainstream, for which the product is used as a replacement.
II.
AUTHORITY and CONSTRUCTION
A. The Department will issue an AUD for dredged material in
				conjunction with the waterfront development permit for a specific dredging
				project or dredged material processing facility provided the acceptable use
				project is designed and managed in a manner consistent with all of the
				environmental statutes applicable to the project including, but not limited to,
				the Water Pollution Control Act ( 58:10A-1 et seq.), the Waterfront Development
				Act ( 12:5-3 et seq.), the Spill Compensation and Control Act ( N.J.S.A.
				58:10-23.1 1 et seq.), the Solid Waste Management Act ( 13:1E-1 et seq.), any
				other applicable statutes, the rules and regulations adopted thereunder, and
				any permits or orders issued pursuant thereto. Each AUD proposal will be
				evaluated on a case-by-case basis.
B. An AUD shall only be issued for acceptable use projects that
				use:
1. Dredged material from the tidal waters of the State of New
				Jersey, which shall include adjacent interstate waters.
2. Materials that are not hazardous wastes pursuant to the New
				Jersey Hazardous Waste Regulations at N.J.A.C. 7:26G.
3. Materials that do not contain polychlorinated biphenyls
				(PCB) regulated pursuant to the Toxic Substances Control Act,
				15 U.S.C. §§
									2601 et seq.
C. The dredged material will be considered for an AUD provided
				the dredged material, and each admixture used at the acceptable use project,
				are used directly as a substitute for a product or as a substitute for an
				admixture that is incorporated into a product. The dredged material-based
				products and admixtures must meet the specifications and standards for a
				generally-accepted and similarly-manufactured product or raw material.
D. Any waste, residual material, by-product, or any material
				contaminated above the Department's most restrictive contaminant classification
				criteria, that is delivered to an acceptable use project either for
				incorporation into product or that is not incorporated into the product but is
				used in some manner at the project, must be authorized in advance for such use
				pursuant to the regulations for beneficial use of solid wastes at 7:26-1.7(g),
				or must be fully managed in transit to and at the project as solid waste
				pursuant to the Solid Waste Management Act, 13:1E-1 et seq.
III. Application Process
A. The applicant for an AUD shall submit the following
				information with the waterfront development permit application, or the
				application for modification of said permit:
1. A description of all admixtures to be combined with the
				dredged material at the acceptable use project, and any products produced,
				including:
(a) The specific location of the site of origin of each
				admixture;
(b) The quantity of each admixture used, and the specific
				ratios of admixtures used to dredged material. The quantities of admixtures,
				dredged material, and products used or produced on a daily basis shall be
				included. Ranges of ratios and variability in production levels shall also be
				included;
(c) Evidence that the dredged material, and each admixture used
				for the acceptable use project, are used directly as a product or as a
				substitute for raw material that is incorporated into a product that meets the
				specifications and standards for a generally-accepted and
				similarly-manufactured product or raw material, which shall include a thorough
				description of the purpose for use of any materials other than dredged
				material;
(d) A general description of each admixture, including its
				current and historical uses, the reason for generating the admixture, the date
				of generation, and the specific process by which the admixture was
				generated;
(e) A contaminant profile and an evaluation of the general
				quality of all dredged material, admixtures, and all products produced in
				accordance with the AUD including, but not limited to, the following as are
				necessary as determined by the Department on a case-by-case basis:
i. A contaminant profile in relation to current Department soil
				cleanup criteria (SCC) guidance levels and other evaluation requirements, such
				as those procedures specified at Attachments A and B in the appendix and as
				specified by the Department as dependent on the proposed acceptable use on a
				case-by-case basis;
ii. Physical characteristics including grain size;
iii. Total organic carbon (TOC) and total petroleum hydrocarbon
				(TPH);
iv. All sampling and analyses shall be conducted in accordance
				with a Department-approved sampling and testing plan, quality assurance,
				analytical, and other technical requirements of Attachments A and B of this
				appendix, and as otherwise specified by the Department;
v. A narrative description of the characteristics of the
				admixtures and all sampling conducted in relation to the admixtures. Material
				Safety Data Sheets (MSDS), all studies or analytical characterizations
				performed by any person on the admixture, results of all testing (screening,
				post-excavation and bulk material) collected during investigation of the area
				of excavation, or other generation, of the admixture, all historical analyses,
				and any other material specification information shall be included;
vi. The concentration limits for contaminants in the product
				for the proposed acceptable use, and if different at any stages of intermediate
				storage or processing, and the rationale for those limits, and a description of
				the testing and quality assurance procedures that will be used to monitor the
				product produced in the future;
vii. A scaled site map depicting the site of origin of all
				admixtures and all sample locations of admixtures and products, as
				applicable;
viii. A determination of the waste classification of the
				admixtures and the rationale used for the classifications; and
ix. A full laboratory deliverable package (chain of custody,
				sampling methods, and QA/QC data) used to evaluate the dredged material and
				admixtures;
(f) A description of any past or ongoing regulatory activity
				undertaken by the Department or any other agency at the site of origin for each
				admixture;
(g) A description of any treatment or processing of the dredged
				material, admixtures, and product undertaken prior to shipment to the
				acceptable use project;
(h) A description of the measures to be taken during all stages
				of the acceptable use project including handling, storage, transportation,
				management, and application of the dredged material, admixtures, and product to
				minimize or eliminate environmental and human health impacts;
(i) A description of the design capacity of the acceptable use
				project, setting forth the number and types of all vehicles containing
				admixtures, product, or other materials arriving at and leaving the project on
				a daily basis, stating the maximum number of vehicles per hour that will arrive
				at and leave the project site(s);
(j) A narrative describing the acceptable use project's
				operations from the receipt of dredged material and admixtures describing how
				those materials are contained, through processing, management, and/or transfer
				to the material's destination at each stage of the project. The narrative must
				clearly demonstrate how containers of dredged materials, admixtures, and
				product will be managed and that the employees, the public, or the environment
				will not be exposed to dredged materials, admixtures, and product except as
				allowed in accordance with the AUD; and
(k) The hours of operation of the acceptable use
				project;
2. A description of the acceptable use project
				including:
(a) Photocopies of documents as evidence of all authorizations
				and permits for siting, construction, and operation of the acceptable use
				project, and evidence of conformance with, or applications for authorizations
				from, all local, regional, State, or Federal requirements of any governmental
				agency, or other body with jurisdiction over any aspect of the proposed
				project. If all such evidence of authorizations and permits has not been
				obtained then evidence of applicable correspondence and records of
				pre-application conferences and other such evidence as shall document the
				securing of the necessary permits and authorizations shall be submitted;
(b) A description of the geographical location of the
				acceptable use project, identifying the name of the municipality in which the
				acceptable use project is located and the street address of the project;
(c) A copy of the tax map showing the lot and block numbers of
				the acceptable use project site(s) and of all adjoining properties;
(d) A description of the current use of the acceptable use
				project site(s) and of all adjoining properties;
(e) A site plan where the dredged material, admixtures, and
				product are managed or used, plotted on a USGS topographic map. The site plan
				map shall be prepared, signed, and sealed by a licensed New Jersey professional
				engineer or surveyor. The site plan must:
i. Identify the placement of all equipment, buildings,
				activities, and areas related to the receipt, loading, unloading, temporary
				storage, and use of all dredged material, admixtures and products;
ii. Be drawn to a scale no greater than one inch equals 100
				feet;
iii. Indicate the routing of vehicles between the dredging
				project or source of admixtures and the acceptable use project and all nearby
				roadways serving the site, as well as the traffic flow within the project site.
				Such routing must ensure safe and efficient vehicular and pedestrian
				circulation, parking, and loading and unloading of containers;
iv. Delineate floodplains as defined at 7:13-1.2;
v. Indicate the location of regulated wetlands, New Jersey
				Pinelands, and any other environmentally sensitive areas;
vi. Identify the direction of water runoff both on site and off
				site and the screening and landscaping on the site;
vii. Indicate topographic contours, drawn at two-foot
				intervals;
viii. Indicate all site access controls to be employed at the
				project; and
ix. Contain an original current 7.5 minute USGS Quadrangle map
				with the boundary of the acceptable use project plotted thereon. The map shall
				delineate any public access roads to the site and any streams, ponds, or other
				potential sensitive receptors such as, but not limited to, hospitals, schools,
				shopping centers, and other areas of public or private use within a
				one-half-mile radius of the site;
(f) A description of the type(s) and number of any containers
				that will be used for the project and the type and means of storage and staging
				of the containers;
(g) A description of any treatment or processing of the dredged
				material, admixtures, and product at the acceptable use project;
(h) A copy of the deed of record establishing ownership of the
				acceptable use project property or, if the applicant is a person other than the
				landowner, a legal agreement (for example, a lease) to use the real property
				for the purpose of operating the acceptable use project; and
(i) A description of any past or ongoing regulatory activity at
				the acceptable use project;
3. The schedule for initiation and completion of the acceptable
				use project;
4. A thorough description of the destination of all admixtures,
				products, or wastes that will be moved from the site of use, the purpose for
				such disposition, and copies of any State or other authorizations, or
				applications for those authorizations, required for receipt or use of such
				materials at the disposition site; and
5. The Department may specify and require additional
				information from the applicant in order to ensure that the proposed acceptable
				use and all activities related to that use will meet the requirements of the
				AUD.
IV.
OPERATING CONDITIONS
A. The AUD shall include, but not be limited to, the following
				provisions and conditions.
1. Any control provisions, including institutional controls
				such as, but not limited to, a Declaration of Environmental Restriction (DER),
				and engineering controls as necessary to protect human health and the
				environment;
2. Specific operational requirements including; hours of
				operation, truck routing, dust control provisions, and noise
				limitations;
3. Production criteria including admixture quality
				determination procedures, admixture quality limitations and blending ratios,
				and quality control procedures and criteria;
4. Product application criteria such as depth of application,
				application conditions, maintenance, soil erosion and sediment control
				requirements, and site condition monitoring provisions; and
5. Any other requirements and limitations for use of
				admixtures, products, or other materials, and operation of the acceptable use
				project as shall be determined by the Department on a case-by-case
				basis.
B. The owner/operator of an acceptable use project shall submit
				on an annual basis, but not more than 13 months from the issuance of an AUD by
				the Department and any 13-month anniversary of such issuance, during the
				operation of the acceptable use project and for the year following the last
				activity at the project, a report to the Department detailing the amount of all
				materials used, the date(s) of such use, the location(s) of the use, a summary
				of all violations if any local, State or Federal requirements including
				violations of the AUD issued by the Department, and any other information as
				specified by the Department in the AUD, to the address set forth at
N.J.A.C. 7:7-1.6
to the
				attention of the Office of Dredging and Sediment Technology.
C. The dredged material processing facility owner/operator
				shall maintain the following records at the facility site at all times and
				shall file reports as follows:
1. Daily records shall be maintained that shall note the
				vehicle plate number, material quantity, source, destination facility name, and
				quantity, by vehicle, of all dredged material, admixtures, and product
				received, transferred, and shipped at the facility. The records shall specify
				the source for every shipment of dredged material and admixture received and
				the destination of every shipment of any material and/or product out of the
				facility. Quantities of dredged material, admixtures, and product shall be
				listed in tons and cubic yards as appropriate; and
2. The daily records shall be compiled into standard quarterly
				reports, which shall be submitted to the address below within 20 days of the
				end of each calendar quarter to the Department.
D. The owner/operator shall be responsible for ensuring that
				its agents, including all successors and assigns involved in the use of dredged
				material or products produced at the acceptable use project, including, but not
				limited to, all brokers, transporters, end users, and owners and operators of
				use and management sites, are aware of, and properly manage the respective
				materials in strict compliance with, any conditions of specified in the
				AUD.
E. Access to any acceptable use project shall be restricted to
				project operators, vehicle operators, and authorized visitors only. Effective
				security procedures shall be implemented to control entry and exit at all
				times.
F. Dredged materials, admixtures, and products in any type of
				container at an acceptable use project shall not emit odors that are detectable
				at the project or beyond the perimeter of the project.
G. All dredged material, admixture, and product containers
				staged or stored at the acceptable use project shall be secured at all times in
				a manner that prevents unauthorized access to the containers and their
				contents.
H. The Department's designated representatives and inspectors
				shall have the right to enter and inspect any building or any other portion of
				any acceptable use project at reasonable times. This right to enter and inspect
				includes, but is not limited to:
(a) Observing and sampling any materials on site;
(b) Photographing any portion of the project, vehicles,
				containers, and container contents;
(c) Investigating an actual or suspected source of pollution of
				the environment;
(d) Ascertaining compliance or noncompliance with the statutes,
				rules, regulations, or policies of the Department, including conditions of the
				project's AUD or any other permit or certificate issued by the Department;
				and
(e) Reviewing and copying all applicable records described in
				this section, which shall be maintained at the project at all times and shall
				be made available on request to Department representatives and inspectors at
				all reasonable times for review and inspection.
I. All acceptable use projects shall comply with the
				requirements of the Federal Occupational Safety and Health Administration and
				all other applicable standards of any agency for the operation of the project
				and the maintenance of the health and safety of the employees or other
				persons.
J. Routine housekeeping and maintenance procedures shall be
				implemented at the acceptable use project to prevent the accumulation of dust
				and debris, and to maintain general cleanliness throughout the site and in the
				working environment.
K. Any release or discharge of any material at the acceptable
				use project, except for such releases as are allowed pursuant to the AUD, must
				be immediately reported by the project operator or its designee to the DEP
				Emergency Response 24-hour Hotline at (877)WARN DEP (927-6337). The report must
				specify the type of substance discharged in estimated quantity, the nature of
				the discharge, the location of the discharge, any action being taken or
				proposed to be taken in order to mitigate the discharge, and any other
				information concerning the incident the Department may request at the time of
				notification.
L. The acceptable use project owner/operator shall designate an
				on-site emergency coordinator who shall be available during all hours of
				operation for the purpose of handling emergency situations, such as, but not
				limited to, spills, discharges, or releases of materials at the project.
M. The acceptable use project owner/operator shall develop and
				maintain at the site an Operations and Maintenance (O&M) Manual that shall
				describe all operating conditions and procedures of the site operation. The
				O&M Manual shall be made available to all employees and personnel at the
				site. The O&M Manual shall be prepared in accordance with the standards
				applied at 7:26-2.10(b)9.
N. All dredged material processing facilities shall operate in
				accordance with the additional standards that follow:
1. Dredged material and admixtures shall not remain at any
				dredged material processing facility for more than 30 days or as otherwise
				specified by the Department in the AUD.
2. The Department will specify the quantities of dredged
				material and admixtures allowed at any dredged material processing facility in
				the AUD.
3. Dredged materials or admixtures received, stored, processed,
				and transferred at any dredged material processing facility shall be held at
				all times in containers that do not leak any liquids or material.
4. Dredged material products stored at a dredged material
				processing facility must be in compliance with the provisions of Sections
				III.M.1,2 and III.N of this attachment and other requirements as specified by
				the Department in the AUD. Storage locations must include adequate mechanisms
				to manage storm water, control dust generation and odors, limit access to the
				storage areas, and prevent the dispersal of product into the
				environment.
5. Dredged material, admixtures, products, wastes, or other
				materials leaving dredged material processing facilities, that are destined for
				an acceptable use site or any site out of State, must be authorized in advance
				for that use pursuant to the requirements and any limitations stipulated in the
				AUD for the dredged material processing facility.
O. Dredged material, admixtures, products, or any other
				materials at an acceptable use project shall be managed at all times to prevent
				migration in stormwater runoff, and control odors and dust generation per
				conditions as specified by the Department in the AUD.
P. Dredged material, admixtures, products, or any other
				materials that cannot be used at the acceptable use project in accordance with
				the AUD are solid wastes, and those wastes as well as any other specific wastes
				produced at the project site shall be managed as solid waste pursuant to the
				Solid Waste Management Act,
				13:1E-1 et
				seq. Use of these wastes at the acceptable use site or off site must be
				approved in advance by the Department pursuant to the Department's beneficial
				use regulations at
				7:26-1.7(g).
V.
LIMITATIONS and COMPLIANCE
A. The Department shall suspend all operations at an acceptable
				use project if it determines that termination is necessary to protect human
				health and the environment pursuant to the Coastal Zone Management Rules at
				N.J.A.C. 7:7, other criteria as specified by the Department in the AUD, and
				other environmental standards pursuant to State law.
B. The Department may revoke the AUD if the owner/operator
				fails to operate in strict compliance with the requirements of its AUD at all
				times, or any law or regulation in any way related to the AUD, or the
				Department determines there is sufficient cause for revocation in order to
				protect human health, safety, and the environment.
C. Any person that conducts any of the activities as specified
				herein as requiring the authorization of the Department through issuance of an
				AUD, or that accepts unauthorized dredged material for any purpose as shall be
				determined by the Department, shall be deemed to be in violation of the
				requirement to obtain an AUD for such activity, and shall be subject to all
				applicable penalties pursuant to law.
D. An AUD shall not be construed as granting permission to
				fill, disturb, or conduct a regulated activity in: flood-plain areas,
				tidelands, freshwater wetlands, flood hazard areas or coastal wetlands, tidal
				areas, or surface water runoff conditions. Any such activity must be conducted
				in accordance with all necessary advance site-specific authorizations and
				permits from, and as determined by, the Department and other relevant
				agencies.
E. An AUD shall not constitute an endorsement of, or
				recommendation for, the use of dredged material or any product containing
				dredged material. No uses of dredged material or products produced at
				acceptable use projects are authorized by the AUD unless expressly stated
				therein.
F. Dredged material, admixtures, and products that are not
				managed and used in strict accordance with all of the conditions and
				requirements of the AUD are solid waste and shall be subject to the
				requirements of
				13:1E-1 et
				seq., known as the Solid Waste Management Act, which shall include the
				assessments of penalties for violations thereof.
G. An AUD is not transferable to any person.
H. Any deviation in the information provided to the Department
				on which an AUD is based may void the AUD, at the discretion of the Department,
				which would require a reevaluation and may make any person subject to
				enforcement action pursuant to applicable laws and regulations.
I. The Department reserves the right to require or conduct
				testing at any time to monitor or enforce the provisions of the AUD.
J. An AUD shall be granted without prejudice and shall not
				affect any existing or future enforcement action the Department or any other
				agency may take against any person.
K. If the Department determines that dredged material,
				admixtures, or products are used in any manner, by any person, that violates or
				exceeds the scope of the conditions granted in the AUD the owner/operator shall
				be first responsible for the site's proper remediation, as well as for the
				remediation of all other media affected, and second, any other person or
				persons responsible in any way for the use of the material as shall be
				determined by the Department. Specifically, the Department may take action, and
				may require the owner/operator to take action, at any time if more stringent
				standards or other criteria are adopted, or standards or criteria were
				improperly applied to a use application by any person.