New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 3 - APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS › Section 7:26A-3.4 - Supplemental requirements for a general approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the issuance of a general approval to operate a recycling center for the receipt, storage, processing or transfer of Class B, Class C or Class D recyclable materials, and where the Department determines that additional information is needed to adequately address public or environmental health, safety or welfare, the applicant shall submit the additional information requested by the Department.
(b) Prior to the receipt of Class B, Class C or Class D recyclable materials and commencement of operations at the recycling center, the applicant must receive all other applicable local, State, or Federal permits or approvals.
(c) Prior to issuance of approval to operate a recycling center, the Department may require an applicant to obtain and submit to the Department evidence of financial assurance in an amount determined by the Department as necessary to effectuate the proper removal, transportation and disposition of all materials which may be abandoned on a recycling center site. For privately-owned facilities, the financial assurance shall be a performance bond or letter of credit. The wording of the performance bond or letter of credit must be identical to the wording specified in (d) or (e) below, respectively. For publicly-owned facilities, the financial assurance may be an identification of specific funds which are to be wholly dedicated to ensure payment of the financial obligation. The criteria to be evaluated by the Department to determine if financial assurance is needed, and to be used in establishing the financial assurance amount, are the following:
1. The history of enforcement actions taken by the Department against the applicant involving violations of any environmental statutes of the State, of the Department's solid waste management rules, N.J.A.C. 7:26, of this chapter, and of all other rules contained in Title 7 of the New Jersey Administrative Code, and the history of enforcement actions taken by the State, county or local government or any political subdivision of the State, county or local government;
2. The current cost of disposal, including site preparation and transportation costs, at a permitted solid waste facility which would receive the materials which may be abandoned on a site based on the maximum storage capacity of the recycling center;
3. The amount of material to be received, stored, processed or transferred at the recycling center over the duration of the general approval;
4. The types of materials to be received, stored, processed or transferred at the recycling center;
5. Whether the lease agreements related to property or equipment are less than three years in duration;
6. Whether the lease agreements related to property or equipment restrict the operation of the proposed recycling center; and
7. An analysis of the stability of end-markets for the Class B, Class C or Class D recyclable material received, stored, processed or transferred at the recycling center, which analysis shall consider the following:
i. The length of time the end-market has been in business;
ii. The length of time the end-market has been accepting the Class B, Class C, or Class D recyclable material and using it as a raw material in a manufacturing process, or for Class D recyclable material only, the length of time the end-market has been using the Class D recyclable material for further processing, reuse or burning for energy recovery; and
iii. The number of end-markets in New Jersey, nationally and internationally which accept the Class B, Class C, or Class D recyclable material in question.