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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.8 - Registration and general prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registration statement shall be executed, in accordance with the requirements of 7:26-2.4(e), on forms furnished by the Department, and shall state such information necessary and proper for the enforcement of this subchapter as the Department may require.
(b) Prior to May 1 of each calendar year, each permittee shall submit to the Department, a statement updating the information contained in the initial registration statement. This update shall be on forms furnished by the Department. In no case shall submission of an updated statement alter the conditions of the permit.
(c) The permittee shall notify the Department in writing within 30 days of any change in the information set forth in this current registration statement.
(d) The failure to submit an updated registration statement and to submit all applicable fees, required by N.J.A.C. 7:26-4, on or before July 1 of each calendar year shall be sufficient cause for the Department to revoke the permit or take such other enforcement action as is appropriate.
(e) No person shall engage or continue to engage, unless exempt by 7:26-1.1,1.7 or 1.8 in the disposal of solid waste in this State without first having filed a completed application for and received approval of a SWF Permit.
1. No person shall be issued an approved registration or a SWF permit if that person is disqualified for any of the reasons set forth in 7:26-16.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.12 - Generator requirements for disposal of asbestos containing waste materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Generators of asbestos-containing waste materials, including sources subject to 40 C.F.R. 61.142, 61.144, 61.145, 61.146, and 147, shall comply with the standards for waste disposal at 40 C.F.R. 61.149 and 40 C.F.R. 61.150.
(b) Generators of asbestos-containing waste materials, including sources subject to 40 C.F.R. 61.142, 61.144, 61.145, 61.146, and 147, shall comply with the reporting requirements of the following agencies: United States Environmental Protection Agency, at 40 CFR 61.145 to 61.155; the New Jersey Department of Community Affairs, at N.J.A.C. 5:23-8; the New Jersey Department of Labor and Workforce Development, at 12:120-7.2; and the New Jersey Department of Health and Senior Services, at 8:60-7.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.13 - Solid waste facility; records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each solid waste facility permittee shall maintain a daily record of wastes received. The record shall include:
1. Identification of the solid waste facility by name and facility identification number;
2. Identification of the transporter by the Department of Environmental Protection registration number assigned and solid waste decal number;
3. The cubic yard, tonnage or gallon capacity of the solid waste vehicle or solid waste container for each of three categories of wastes as follows:
i. Solids: Wastes ID 10 through 27 received (in cubic yards or tons);
ii. Septage and liquid sewage sludges: Waste ID 73 and 74 received (in gallons);
iii. Bulk liquid and semiliquids: Waste ID 72 received (in gallons);
4. Date and time of delivery to the facility;
5. The license plate number and State initials of the solid waste vehicle; and
6. The place of origin of the waste identified by municipality, county and state, except in those instances where the waste is transported from a transfer station or materials recovery facility to a final disposal facility. In those instances, the facility ID of the transfer station or materials recovery facility shall be listed instead of the municipality, county and state as indicated above.
7. In addition to the information required in (a)1 through 6 above, sanitary landfills which accept asbestos and asbestos-containing waste materials shall maintain a separate daily record of the asbestos and asbestos-containing waste received, which shall include:
i. Date and time of delivery;
ii. Identification of the transporter by name and by the New Jersey Department of Environmental Protection registration number assigned to the transporter;
iii. Quantity in cubic yards and/or tons of the waste;
iv. Name and address of the generator; and
v. For rejected shipments, the reason for rejection and disposition of the shipment after rejection.
8. In addition to the requirements of (a)1 through 7 above, transfer stations and materials recovery facilities subject to this section which receive more than 31,200 tons of solid waste annually shall install and operate computerized scales for the reporting requirements in 7:26-2.13. Transfer stations and materials recovery facilities which do not have scales shall report data in accordance with 7:26-2.11(c)4.
9. In addition to the information required by (a)1 through 6 above, ID 72 liquid waste transfer stations shall include the following information in the daily record:
i. Records of waste analyses and/or waste determinations performed as specified in 7:26-2B.9(g)2 and 3; and
ii. A written description of any release or other incident which requires implementation of the cleanup procedures specified in 7:26-2B.9(g)4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2 - DISPOSAL › Section 7:26-2.14 - Solid waste facility performance partnership agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any thermal destruction facility, materials recovery facility, transfer station, municipal solid waste composting or co-composting facility processing greater than 100 tons per day may negotiate a 15-year solid waste facility performance partnership agreement (SWFPPA) with the Department.
1. The eligibility requirements for a SWFPPA follow:
i. The solid waste facility shall have obtained all applicable permits and licenses required by the Department and shall have been in operation for at least one year;
ii. The solid waste facility shall be in substantial compliance with all permit conditions; and
iii. The solid waste facility shall not have a history of substantial noncompliance with environmental obligations as defined in (r) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall constitute the rules of the Department governing the design, construction, operation, maintenance, closure and post-closure care of sanitary landfills.
(b) The requirements of this subchapter are in addition to the general engineering design submission requirements in 7:26-2.10 and the general operational requirements in 7:26-2.11.
(c) This subchapter shall apply to the following facilities:
1. All newly proposed sanitary landfills and all existing sanitary landfills proposing to expand their existing operations onto previously unfilled permitted areas;
2. Any existing sanitary landfills operating as an open dump or in an environmentally unsound manner that the Department determines needs to be environmentally upgraded; and
3. Any sanitary landfill for the purpose of regulating disruptions pursuant to N.J.A.C. 7:26-2A.8(j), control of smoking, smoldering, or burning landfills pursuant to N.J.A.C. 7:26-2A.8(k), and closure and post-closure care pursuant to N.J.A.C. 7:26-2A.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the Department to discharge its statutory functions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated to establish requirements for sanitary landfills in order to prevent, minimize, and control adverse impacts to human health and the environment and to enhance, where appropriate, the potential for reuse or redevelopment of sanitary landfill sites after closure. These requirements are in addition to the general engineering design submission requirements at N.J.A.C. 7:26-2.10, and the general operation requirements at N.J.A.C. 7:26-2.11. These requirements include:
1. General prohibitions;
2. Engineering design submissions;
3. Performance, design, and construction standards;
4. Operation, maintenance, inspection, and monitoring requirements;
5. Disruption requirements;
6. Closure and post-closure care requirements; and
7. Financial assurance for continuing obligations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.4 - General prohibitions and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Open dumps are declared to be a nuisance, hazardous to human health, and are prohibited.
(b) No new sanitary landfill shall be constructed or any existing landfill continue to operate where solid waste is or would be in contact with the surface or ground waters.
(c) Leachate from any sanitary landfill shall not be allowed to drain or discharge into the surface water or groundwater except as permitted pursuant to the NJPDES regulations, N.J.A.C. 7:14A.
(d) No sanitary landfill shall be operated in a manner that would result in the impairment of the quality of the surface or groundwaters to a degree that would degrade the quality of either the surface or ground waters beyond the classification established by the Department in the Surface Water Quality Standards, N.J.A.C. 7:9-4, or the Ground Water Quality Standards, N.J.A.C. 7:9C.
(e) No sanitary landfill shall be operated in a manner that would result in the degradation of the ambient air quality beyond the standards established by the Department pursuant to N.J.A.C. 7:27.
(f) No sanitary landfill shall be operated in a manner that would result in soil erosion and sedimentation beyond the standards established by the Department of Agriculture pursuant to N.J.A.C. 2:90.
(g) No new sanitary landfill shall begin construction without first applying for a NJPDES permit pursuant to N.J.A.C. 7:14A and approval of its Soil Erosion and Sediment Control Plan pursuant to N.J.A.C. 2:90. No new sanitary landfill shall begin operation without first obtaining a NJPDES permit and approval of its Soil Erosion and Sediment Control Plan.
(h) No existing sanitary landfill shall continue to operate without obtaining a NJPDES permit, and approval of its Soil Erosion and Sediment Control plan in accordance with N.J.A.C. 2:90.
(i) No new sanitary landfill shall begin construction or operation if located within the following distances of an airport, as measured from the nearest runway to the nearest property line without the design and implementation of an effective bird deterrent plan approved by this Department and the New Jersey Department of Transportation.
1. Within 10,000 feet of any airport runway which is equal to or greater than 3,000 feet in length and that services turbo-engine planes; or
2. Within 5,000 feet of any airport runway which is less than 3,000 feet in length and that services prop-engine planes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.5 - Additional engineering design submittal requirements for sanitary landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the requirements of 7:26-2.10, the engineering design submission requirements for sanitary landfills shall include the following:
1. A regional map prepared and submitted in accordance with 7:26-2.10(b)4  which shall include, but not be limited to, the following additional information:
i. Location of all public community water supply wells and all wells permitted to pump over 100,000 gallons per day or 70 gallons per minute within one and one-half miles of the property line of the landfill. The service areas, if any, of the public community water systems, as defined in 7:10-1.3, within one and one-half miles of the property line of the sanitary landfill; and
ii. Location of all water wells within one-half mile of the property line of the sanitary landfill;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.6 - Sanitary landfill environmental performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any sanitary landfill subject to regulation pursuant to 7:26-2A.1(c)  shall contain a leachate containment system, leachate collection system, leachate treatment/disposal system, gas venting system, surface drainage control system, monitoring system, a final capping system and any other system or environmental control measure required by the Department, and shall be designed and constructed in accordance with the performance standards set forth in this section.
(b) In the design and construction of a sanitary landfill subject to regulation pursuant to 7:26-2A.1(c), consideration shall be given to ground and surface water conditions, geology, soils, topographic features, solid waste types and quantities, social, geographic and economic factors, and esthetic and environmental impacts in order to protect the environment and to minimize and control adverse impacts.
(c) The following are the performance standards for sanitary landfills:
1. The sanitary landfill shall not cause or result in any decrease in the quality of the ground or surface water over background at the relevant point of compliance of the sanitary landfill, within the uppermost aquifer or surface water adjacent to the sanitary landfill, beyond that allowed by N.J.A.C. 7:9B, Ground Water Quality Standards or N.J.A.C. 7:9C, Surface Water Quality Standards, as applicable. The relevant point of compliance means the property boundary of the sanitary landfill, or 150 meters from the toe of slope of the landfilled area, whichever is less.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.8 - Sanitary landfill operational and maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All sanitary landfills shall be operated in accordance with the requirements set forth in 7:26-2.8, and the following additional operational, maintenance, inspection and monitoring requirements.
(b) The sanitary landfill shall be operated in accordance with the following additional minimum requirements:
1. The working face shall be confined to the smallest practical area, as is consistent with the proper operation of trucks and equipment, in order that the area of waste material exposed during the operating day is minimized. The width of the working face shall be in accordance with the following:
i. Sanitary landfills receiving 400 or less truck loads of waste per day, shall have a working face no greater than 150 feet;
ii. Sanitary landfills receiving more than 400 truck loads of waste per day may submit a request for a working face greater than 150 feet or another 150 foot working face in a separate location. The size and number of the working faces approved by the Department will be based on the sanitary landfill equipment and cover material available on-site and the on-site traffic flow patterns.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Section 7:26-2A.9 - Closure and post-closure care of sanitary landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall govern the following activities:
1. Closure and post-closure care at all sanitary landfills;
2. Preparation of a Closure and Post-Closure Plan for all sanitary landfills;
3. Establishment and use of escrow accounts required pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act, N.J.S.A. 13:1E-100 et seq., and the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., for every sanitary landfill operating on or after January 1, 1982;
4. Establishment and use of escrow accounts required pursuant to N.J.S.A. 13:1E-125.6 for legacy landfills and closed sanitary landfill facilities; and
5. Acceptance of materials by legacy landfills or closed sanitary landfill facilities pursuant to N.J.S.A. 13:1E-125.1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2A - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR SANITARY LANDFILLS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
GUIDELINES FOR A GROUND WATER MODELING EFFORT
1. The model of use must have a history that documents its ability to represent real world situations. In addition it should also be demonstrated that the model of choice has the ability for proposed management of ground water resources.
2. The set of equations, that govern ground water flow and pollutant, and the derivations of these equations must be presented.
3. The numerical methods used to solve the set of ground water flow and pollutant transport equations must be presented.
4. The Boundary Conditions and Initial Conditions used in solving the ground water flow and pollutant transport equation sets should be presented both mathematically and in narrative form.
5. A technical narrative describing the model to be used and a justification for the application of this to the specific problem should be presented. This should include whether the model is finite element, finite difference or some other scheme. The objective of the model should be stated up front.
6. The unknown quantities that the model is solving for should be described and explained. In addition those parameters derived from the initial unknown quantities should also be described and explained.
7. Appropriate analytical methods should be used to verify the validity of the numerical technique used to solve the flow equations in the model.
8. A sensitivity study of the error tolerance used and modal spacing needs to be conducted. The results should be presented and explained.
9. Perform mass balance calculations on selected elements in the model to verify physical validity.
10. The model must be calibrated against field data. It is important to note that if there is insufficient field data available for calibration then the model will extrapolate values of unknown accuracies. This is particularly important since there is no one unique solution to a model and the most accurate solution (that closest to the real world situation) is a result of sufficient field data collection and model calibration with that data. It often takes more than 25 runs with the same data to properly calibrate a model to the real world situation. The level of field data considered to be sufficient should be agreed to before the modeling effort is initiated.
11. Limits and confidence on model predictions should be established and stated in the beginning of the modeling report.
12. All inputs and outputs to the computer program should be listed and explained in technical narrative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall constitute the rules of the Department governing the design, construction, operation and maintenance of the following types of disposal facilities:
1. Thermal destruction facilities which dispose of non-hazardous solid waste;
2. Thermal destruction facilities which dispose of non-hazardous solid waste and which incorporate energy recovery;
3. Solid waste transfer station facilities; and
4. Solid waste materials recovery facilities; and
5. Solid waste co-composting and composting facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the Department to discharge its statutory functions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated for the following purpose:
1. To establish additional engineering design submission requirements for thermal destruction facilities, transfer stations, materials recovery facilities, and solid waste composting and co-composting facilities to ensure that adverse impacts are minimized and pollution of the environment is prevented; and
2. To establish operational requirements to ensure the proper operation of thermal destruction facilities to minimize adverse impacts and prevent pollution of the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.6 - Additional engineering requirements for solid waste composting and co-composting facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of this section are in addition to the requirements of 7:26-2.10.
(b) Co-composting facilities require a SWF permit and may also require one or more NJPDES permits from the Department in accordance with N.J.A.C. 7:14A.
(c) The engineering report for these facilities shall include the following:
1. A discussion of the quantity and composition of the waste streams entering the proposed facility in terms of:
i. Municipality of origin; and
ii. Weight, volume and corresponding load density characteristics.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.7 - Additional operational requirements for solid waste composting and co-composting facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of this section are in addition to the general operational requirements of 7:26-2.11 and the solid waste facilities records maintenance requirements of 7:26-2.13.
(b) The owner and/or operator shall submit a quarterly report to the Department within 30 days after the end of each calendar quarter. The quarterly report shall include the following:
1. The quantity, type and source of incoming waste;
2. The quantity and types of recovered recyclables;
3. The quantity of compost produced;
4. The results of compost analysis;
5. The quantity, before blending, of compost sold or distributed, and markets;
6. The quantity of disposed residue, and sites;
7. Daily temperature readings and retention times during the composting process;
8. A summary of leachate management (collected, reused, and treated/ disposed);
9. A summary of major maintenance on leachate, temperature or other monitoring and control systems in operation; and
10. The standard procedures to assure data reliability.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.8 - Additional operational requirements for thermal destruction facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of this section are in addition to the general requirements of 7:26-2.11;
(b) Subsequent to completion of the facility construction phase and prior to the initiation of facility operations, the New Jersey licensed professional engineer retained by the applicant to supervise the construction of the facility shall certify in writing to the Department that he or she has personally examined the facility during each major stage of construction and that the facility has been constructed in accordance with the documents, statements, designs and plans submitted to and as approved by the Department.
(c) The owner and/or operator of the facility shall provide written notification to the Department of the intent to initiate the start up of operations at the facility at least 30 days in advance of the planned date. During this initial period of facility start up the Department reserves the right to have a representative present at the facility to observe any equipment testing that is being conducted as well as the right to collect samples to verify results.
(d) Immediately following the initiation of operations, facility personnel shall begin routine inspections for equipment malfunction or deterioration and operating effectiveness, in accordance with the following:
1. The owner or operator shall conduct inspections as indicated in the approved final O and M manual in order to identify and remedy any problems; and
2. The owner and/or operator shall record the results of the inspections in a log book or by means of an electronic storage system approved by the Department which shall be accessible at the facility at all times for inspection by the Department. These records shall include the date and time of the inspection, the name of the inspector, a notation of observations and recommendations and the date and nature of any repairs or other remedial actions taken.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.9 - Additional operational requirements for transfer stations and materials recovery facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At no time shall ID 27 solid waste be subject to mechanized processing, such as grinding, shredding or baling, such that the physical appearance of the material is altered prior to disposal at a designated district facility.
(b) All facility processing, tipping, sorting, loading, storage and compaction of materials (that is, solid waste and mixtures of solid waste and recyclable materials) shall occur within the confines of an enclosed building.
(c) The installation, maintenance, operation, and repair of all systems identified within the interior layout of the facility shall comply with the requirements established by the Federal Occupational Health and Safety Administration and the New Jersey Worker and Community Right to Know Act.
(d) The queuing and staging of solid waste vehicles on any public roadway is prohibited.
(e) The queuing and staging of solid waste vehicles shall be conducted in accordance with the approved on-site queuing plan for the facility so as to prevent traffic backups and related traffic hazards on access roads servicing the facility.
(f) Owners or operators of transfer stations who receive, store, treat or transfer only ID 72 liquid wastes are not required to comply with (a) and (b) above.
(g) Additional operational requirements for ID 72 liquid waste transfer stations are as follows:
1. The following are the label standards for ID 72 liquid waste transfer facilities:
i. Containers and above ground tanks used to store or treat ID 72 liquid wastes at transfer stations shall be labeled or marked clearly with the words "ID 72 Waste"; and
ii. Piping used to transfer ID 72 liquid wastes to and from containers and/or aboveground tanks at transfer stations shall be labeled or marked clearly with the words "ID 72 Waste."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Section 7:26-2B.10 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2B - ADDITIONAL, SPECIFIC DISPOSAL REGULATIONS FOR THERMAL DESTRUCTION FACILITIES, TRANSFER STATIONS, MATERIALS RECOVERY FACILITIES, CO-COMPOSTING AND SOLID WASTE COMPOSTING FACILITIES › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
Click here to view appendix.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the requirements for landfills to participate in the Silver Track II Tier of the Silver and Gold Track Program for Environmental Performance. This program is based on achieving environmental excellence through commitments and accountability beyond standard regulatory requirements. The Silver and Gold Track Program consists of three tiers: Silver Track, Silver Track II, and Gold Track. The goals of Silver Track II are to encourage facility operators to implement voluntary covenants which go beyond traditional levels of environmental compliance, to advance pollution prevention techniques, enhance energy efficiency and foster the continued development and implementation of creative approaches to reducing GHG emissions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.3 - Silver Track II application process for sanitary landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An entity who wishes to participate in Silver Track II shall submit a Silver Track II application on forms provided by the Department, which may be obtained electronically from the Department's website,
http://www.state.nj.us/dep/opppc/
.
(b) Each application shall include the following information:
1. The facility name;
2. The facility "New Jersey Employer Identification Number (NJEIN)";
3. The facility address (street, city, county, state, zip code);
4. The facility telephone number, fax number and e-mail address;
5. A contact name;
6. The affiliation of the contact;
7. The contacts mailing address (street, city, state, zip code);
8. The contacts telephone number, fax number and e-mail address;
9. A list of active NJDEP and USEPA permits (including a description of the permitted activity and permit number);
10. A list of all required NJDEP environmental plans, such as Discharge Prevention Control and Countermeasures (DPCC Plans) and Pollution Prevention Plans;
11. A list of all NJDEP/USEPA enforcement actions taken in the five years prior to the application date; and
12. A summary of the applicant's compliance history for all applicable environmental rules and regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.4 - Eligibility criteria for landfills seeking participation in Silver Track II

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any sanitary landfill processing greater than 100 tons per day may negotiate a 15-year Silver Track II Covenant with the Department provided the applicant demonstrates that it complies with the following eligibility criteria:
1. The applicant shall have no significant violations nor have been considered a significant non-complier during the five-year period preceding the date of filing an application to participate in the Silver Track II;
2. For entities with NJPDES stormwater permits, the applicant must be in compliance with its permit. Applicant's with NJPDES stormwater permits who are not operating in compliance with its permit are ineligible to participate in Silver Track. A permit issued by a publicly owned treatment work (POTWs) constitutes a NJPDES permit;
3. The applicant shall have obtained all applicable permits and/or approvals and shall have submitted all applicable plans required by any State or Federal environmental statute, regulation or permit. (For example, Discharge Prevention, Control and Countermeasures Plan under N.J.A.C. 7:1E; or an Operations and Maintenance Plan as required by a solid waste facility permit); and
4. The applicant shall not have failed to comply with an executed Memorandum of Understanding, Administrative Consent Order (ACO), and/or other directive issued by or executed with the Department for the performance of any regulated activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.5 - Development of the Silver Track II Covenant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Department approves an application for a facility to participate in Silver Track II, and prior to the participating entity being entitled to regulatory flexibility, the Department and the participating entity shall develop a Silver Track II Covenant, which will have a minimum term of five years and shall become effective upon execution by both the participating entity's responsible official and the Commissioner, or a duly authorized representative of the Department.
(b) The Silver Track II Covenant shall include the following:
1. The commitments made by the Silver Track II participating entity to comply with the provisions set forth in 7:26-2C.6, 2C.7 and 2C.8; and
2. The regulatory flexibilities and incentives offered by the Department to the participating entity set forth in 7:26-2C.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.6 - Pollution Prevention and Sustainability Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within one year of the effective date of its Silver Track II Covenant, the participating landfill applicant shall develop and submit a Pollution Prevention and Sustainability Plan with a scope consisting of the next 10 years of operations. The plan shall include a discussion of the long-term environmental goals and milestones selected by the applicant for inclusion in the Silver Track II Covenant. The applicant shall select those goals and milestones which will reduce the existing environmental and operational impacts of the facility, emissions and discharges from the facility and achieve Federal, State or solid waste management district pollution prevention goals to the greatest extent possible. At a minimum, applicants shall incorporate within their long-term plan the necessary activities, milestones and time frames to implement the following:
1. An accounting of the inputs and outputs of materials at the facility, including estimates of the quantities of raw materials used and wastes generated at each source to incorporate maximum achievable levels of pollution prevention;
2. Methods to reduce energy usage by the facility, including both the facility equipment usage and vehicle transportation. This reduction shall be based on an energy balance for the facility and vehicle transportation;
3. Methods to eliminate or reduce levels of hazardous substances used by the facility through material or product substitution or other means;
4. Methods to reduce the level of the facility's process residue and/or the development of programs to more effectively treat or use residue as a product;
5. Methods to reduce water usage by the facility; and
6. Methods to reduce wastewater discharges by the facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.7 - Community Outreach Plan provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within one year of the effective date of its Silver Track II Covenant, the participating landfill applicant shall develop and implement a Community Outreach Plan.
(b) The Silver Track II Community Outreach Plan shall at a minimum consist of the following components:
1. The identification of the community that will be targeted in the outreach effort. This should include, but not be limited to, residents, other nearby businesses, neighborhood or community groups and local government officials.
2. A commitment by the participating entity to meet with the community on a yearly basis to define and discuss issues and concerns of common interest; and
3. A commitment by the participating entity to prepare and distribute to the community and the Department an annual report, written in a reasonably simple and understandable manner and which is easily read, discussing the environmental performance of all operations conducted at the Silver Track II facility from a multi-media perspective, and including a summary of the yearly meeting.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.8 - Reduction of green house gas emissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If not already in place, applicants shall commit to the implementation of a methane recovery system consisting of turbines, microturbines, and/or fuel cells, or implementation of pollution prevention measures to reduce methane emissions to levels consistent with a recovery system.
(b) If controls are currently in place, applicants shall commit to an upgrade of the existing methane recovery system to state-of-the-art (SOTA) standards as set forth in 7:27-8.12 or implementation of pollution prevention measures including upgrades to equipment that produce cleaner emissions (that is, replace diesel generators with microturbines or fuel cells) to reduce methane emissions consistent with SOTA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.9 - Flexibilities and incentives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A participating entity that is in compliance with all commitments contained within its Silver Track II Covenant is eligible for the following incentives and regulatory flexibilities:
1. Public acknowledgement and recognition through one or more of the following means:
i. Issuance by the Department of a special seal or flag in recognition of the participating entity's commitment to advanced environmental protection and continuous environmental performance improvement;
ii. Inclusion in an annual publication highlighting the accomplishments of all Silver Track II entities;
iii. Inclusion on the Department's Internet home page highlighting the accomplishments of all Silver Track II entities; and
iv. Participation in an annual award program for outstanding achievements in environmental protection, with a separate category for Silver Track II participating entities;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.10 - Procedures for withdrawal of Silver Track II status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A participating entity that wishes to withdraw its participation in Silver Track II shall first enter into an Administrative Consent Order (ACO) with the Department which shall contain scheduled transition milestones and a final compliance date. The ACO shall also set forth appropriate penalties stipulated for an entity's failure to comply with the terms of the ACO.
(b) A participating entity may withdraw its participation in Silver Track II at any time during the life of its Silver Track II Covenant with written notification to the Department. Withdrawal shall be effective on the date the ACO identified in (a) above is executed by all parties. The withdrawal notification shall be addressed to:
New Jersey Department of Environmental Protection
Office of Pollution Prevention and Permit Coordination
401 East State Street 3rd Floor East Wing
PO Box 423
Trenton, New Jersey 08625-0423
Attention: Silver Track II Program Manager
(c) A participating entity that has withdrawn its participation in Silver Track II shall no longer be entitled to the incentives and flexibilities set forth in 7:26-2C.9.
(d) A participating entity that has withdrawn its participation in Silver Track II may be re-instated into the program by re-applying as set forth in 7:26-2C.3(a) through (c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.11 - Revocation of Silver Track II status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may revoke a participating entity's Silver Track II status for any of the following reasons:
1. Failure of the participating entity to develop and implement a Pollution Prevention and Sustainability Plan in accordance with 7:26-2C.6;
2. Failure of the participating entity to develop and implement a Community Outreach Plan in accordance with 7:26-2C.8;
3. Failure of the participating entity to meet the GHG commitments as defined in the Silver Track II Covenant, unless an extension has been granted by the Department in accordance with 7:26-2C.4(d); or
4. The occurrence of one or more violations identified in 7:26-2C.4(a)1  and 2 at the participating entity's facility after the effective date of its Silver Track II Covenant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.12 - Procedures for renewal of Silver Track II status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Silver Track II Covenant may be renewed in accordance with the following:
1. If a participating entity wishes to renew its five year Silver Track II Covenant for an additional five years, the participating entity shall re-apply to the Department, at least six months prior to the expiration date of the Silver Track II Covenant, in accordance with the application procedures set forth at 7:26-2C.3.
2. If the Department determines that the renewal application is complete and meets the criteria for approval set forth at 7:26-2C.4, and none of the criteria for revocation pursuant to 7:26-2C.11 exists, the Department shall issue a renewal to the participating entity, and the participating entity and the Department shall develop a new Silver Track II Covenant.
3. If the new Silver Track II Covenant is not signed prior to the expiration of the existing Silver Track II Covenant, but the participating entity has submitted a complete application that meets the criteria for approval set forth at 7:26-2C.4, and none of the criteria for revocation pursuant to 7:26-2C.11 exists, the participating entity's existing Silver Track II Covenant shall remain in effect until the new Silver Track II Covenant is signed by the participating entity and the Commissioner, or a duly authorized representative of the NJDEP.
4. The renewed Silver Track II Covenant shall include those elements required in 7:26-2C.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.13 - Requests for an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or participating entity who is aggrieved with respect to any of the following may request a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1:
1. If an applicant or participating entity is aggrieved with respect to a decision made by the Department to:
i. Deny an application to participate in the Silver Track II Tier of the Silver and Gold Track Program for Environmental Performance;
ii. Deny or modify any plan submitted pursuant to any requirement of this subchapter;
iii. Impose any condition on any approval issued pursuant to any requirement of this subchapter, which the applicant, or participating entity finds objectionable;
iv. Revoke, withdraw or modify any approval issued pursuant to any requirement of this subchapter;
v. Deny an entity the ability to participate in the Silver Track II Tier of the Silver and Gold Track Program for Environmental Performance through the deferral track provisions, 7:26-2C.15; or
vi. Deny the request for a stay under 7:26-2C.14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26 - SOLID WASTE › Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE › Section 7:26-2C.14 - Request for a stay of the effective date of a Departmental determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, in its discretion, may grant a stay of the effective date of a decision to revoke any previous approval upon application for a stay by the aggrieved party.
(b) To request a stay, an aggrieved party shall submit the following documents, which substantiate, by a preponderance of the evidence, that one of the following circumstances exist:
i. The granting of the stay is required as a constitutional or statutory right; or
ii. The potential effect on human health and welfare or the environment which might result from a decision to grant a stay is greatly outweighed by immediate, irreparable injury to the specific party requesting such stay.