reglab/statecodes huggingface dataset:
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-3.18 - Additional application requirements for general approval to operate a recycling center for the receipt, storage, processing or transfer of Class C recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the receipt, storage, processing or transfer of any Class C recyclable material at a recycling, center, the owner or operator shall submit to the Department, in addition to the information required pursuant to 7:26-3.2, the following information:
1. A description of the plans for monitoring, sampling and testing the composting materials for process control and product quality assurance as specified in 7:26A-4.5;
2. A description of the contingency operations plan in the event of wind, heavy rain, snow, freezing or other inclement weather conditions;
3. A description of fire protection and control procedures to be employed at the site;
4. A description of vector, dust and litter controls;
5. A description of the nearest sensitive neighboring receptor(s) (residential, commercial, institutional), providing approximate distances to property lines from the recycling center;
6. A description of the soil characteristics for the site according to the soil surveys published by the appropriate Natural Resource Conservation Service District;
7. A description of the methods that will be used to minimize, manage and monitor odors to prevent detection of odors off site and meet the New Jersey Air Pollution Control rules, N.J.A.C. 7:27;
8. A description of the impact that the proposed facility will have on surface and ground water quality and any existing wetlands; and
9. A description of the impact that the proposed facility will have on applicable Federal, State or local land uses including the Pinelands Area and agricultural development areas, dedicated recreational or open space areas, floodways and endangered or threatened wildlife and vegetation.
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-3.19 - Additional application requirements for general approval to operate a recycling center for the receipt, storage, processing or transfer of Class D recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to commencing receipt, storage, processing or transfer of used oil at a recycling center, the owner or operator of the recycling center shall submit to the Department, in addition to the information required pursuant to 7:26A-3.2, the following information:
1. The EPA ID number assigned to the facility;
2. A description of the preparedness and prevention procedures and equipment required by 7:26A-6.7(c)1;
3. A copy of the contingency plan as required by 7:26A-6.7(c)  2;
4. A description of the secondary containment system for containers or tanks to demonstrate compliance with 7:26A-6.7(e)4, 5 or 6, including at least the following:
i. Drawings and a description of the basic design parameters, dimensions and materials of construction of the containment system;
ii. The capacity of the containment system relative to the number and volume of containers or tanks within the system;
iii. A description of how the design promotes drainage or how the containers or tanks are protected from contact with standing liquids in the containment system;
iv. Provisions for preventing or managing accumulated precipitation or run-on; and
v. A description of how accumulated liquids will be analyzed and removed to prevent overflow;
5. A demonstration of compliance with labeling requirements of 7:26A-6.7(e)7;
6. A description of closure procedures and/or copy of the closure plan to demonstrate compliance with 7:26A-6.7(e)9;
7. A copy of an analysis plan as required by 7:26A-6.7(f);
8. A description of the method used to comply with the tracking requirements of 7:26A-6.7(g); and
9. A demonstration of compliance with the residue management requirements in accordance with 7:26A-6.7(j).
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-3.20 - Filing requirements for existing used oil facilities which receive, store, process or transfer of Class D recyclable material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any facility processing used oil under the terms and conditions of a hazardous waste facility permit or existing facility status issued prior December 16, 1996 may continue to operate under such terms and conditions until the Department approves or denies the facility owner and/or operator's application for general approval. By June 14, 1997, the Department shall assess the information currently on file for each such facility, and will provide the owner and/or operator of each such facility with a written list of additional information required to be submitted to the Department to obtain a recycling center approval pursuant to 7:26A-3.2(a), 3.4 and 3.19.
(b) Within 180 days of receipt of notice requesting additional information pursuant to (a) above, the owner or operator of the facility shall submit the requested information, along with any applicable fees, to the Department at the address specified at 7:26A-3.2(c).
(c) A recycling center operating for the receipt, storage, processing or transfer of Class D recyclable materials, and for which a hazardous waste facility permit or existing facility status was issued prior to December 16, 1996, shall not modify its operation unless such modification is approved by the Department pursuant to 7:26A-3.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 4 - DESIGN AND OPERATIONAL STANDARDS AND GENERAL RULES FOR RECYCLING CENTERS WHICH RECEIVE, STORE, PROCESS OR TRANSFER CLASS A, CLASS B, CLASS C AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-4.1 - Design and operational standards for recycling centers which receive Class A, Class B, Class C and Class D recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All owners or operators of recycling centers which receive, store, process or transfer Class A, Class B, Class C, or Class D recyclable material shall comply with the following design and operational standards:
1. All recyclable materials received, stored, processed or transferred at all recycling centers shall conform to the following criteria:
i. The recyclable materials shall have been separated at the point of generation from other waste materials or separated at a permitted solid waste facility authorized to separate recyclable materials from the incoming waste stream;
ii. The recyclable materials shall consist only of Class A recyclable materials, or of Class B, or Class C or Class D recyclable materials which either the Department has approved pursuant to N.J.A.C. 7:26A-3 for receipt, storage, processing or transfer at the recycling center under a general or limited approval or are being recycled as a part of an activity that is exempt from general or limited approval pursuant to 7:26A-1.4; and
iii. Class A recyclable materials may be commingled only with other Class A recyclable materials. Class B recyclable materials may be commingled only with other Class B recyclable materials and only to the extent authorized in a general or limited approval issued pursuant to 7:26A-3.5 or 3.7. Class C recyclable materials may be commingled only with other Class C recyclable materials and only to the extent authorized in a general approval issued pursuant to N.J.A.C. 7:26A-3.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 4 - DESIGN AND OPERATIONAL STANDARDS AND GENERAL RULES FOR RECYCLING CENTERS WHICH RECEIVE, STORE, PROCESS OR TRANSFER CLASS A, CLASS B, CLASS C AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-4.2 - Inclusion in district solid waste management plans

Current through Register Vol. 56, No. 14, July 15, 2024
No recycling center, as defined in 7:26A-1.3, with the exception of those recycling centers operating pursuant to an approval granted under 7:26A-3.7, shall commence operations unless and until it is included in the applicable district solid waste management plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 4 - DESIGN AND OPERATIONAL STANDARDS AND GENERAL RULES FOR RECYCLING CENTERS WHICH RECEIVE, STORE, PROCESS OR TRANSFER CLASS A, CLASS B, CLASS C AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-4.3 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 4 - DESIGN AND OPERATIONAL STANDARDS AND GENERAL RULES FOR RECYCLING CENTERS WHICH RECEIVE, STORE, PROCESS OR TRANSFER CLASS A, CLASS B, CLASS C AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-4.4 - Tonnage reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All operators of recycling centers shall provide a recycling tonnage report by March 1 of each year to the county of origin (if requested) and all municipalities from which recyclable material is received in the previous calendar year. For operators of Class A recycling centers, this report shall also be submitted to the Department. The report shall detail the amount of each source of separated recyclable material, expressed in gallons, tons or cubic yards, accepted from each municipality. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons. Those persons reporting the recycling of lamps shall also report the volume of the received materials in linear feet. Non-tubular lamps may be reported as individual units. Those persons reporting on mercury-containing equipment shall also report the number of devices received. Lamps or mercury containing equipment which are shipped using a hazardous waste manifest may be reported in pounds or gallons.
(b) Except as otherwise provided at N.J.A.C. 7:26A-1.4(b)4, all persons operating pursuant to an exemption set forth at N.J.A.C. 7:26A-1.4 shall provide recycling tonnage reports by March 1 of each year to the applicable municipalities, to the county and to the New Jersey Department of Environmental Protection, Division of Sustainable Waste Management, Bureau of Recycling and Hazardous Waste Management, 401 East State Street, PO Box 420, Mail Code 401-02C Trenton, New Jersey 08625-0420 for the previous calendar year. The report shall detail the amount of each source separated recyclable material, expressed in tons, cubic yards, cubic feet, or gallons received, stored, processed, or transferred. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons. Those persons reporting the recycling of lamps shall also report the volume of the received materials in linear feet. Non-tubular lamps may be reported as individual units. Those persons reporting on mercury-containing equipment shall also report the number of devices received. Lamps or mercury containing equipment which are shipped using a hazardous waste manifest may be reported in pounds or gallons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 4 - DESIGN AND OPERATIONAL STANDARDS AND GENERAL RULES FOR RECYCLING CENTERS WHICH RECEIVE, STORE, PROCESS OR TRANSFER CLASS A, CLASS B, CLASS C AND CLASS D RECYCLABLE MATERIAL › Section 7:26A-4.7 - Additional design and operational standards for recycling centers which receive, store and process Class D recyclable materials-used oil

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of this chapter, a used oil processor or re-refiner is a recycling center for Class D recyclable materials--used oil. Such recycling center shall be designed and operated in accordance with the requirements of 7:26A-6.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 4 - DESIGN AND OPERATIONAL STANDARDS AND GENERAL RULES FOR RECYCLING CENTERS WHICH RECEIVE, STORE, PROCESS OR TRANSFER CLASS A, CLASS B, CLASS C AND CLASS D RECYCLABLE MATERIAL › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
COMPOST QUALITY MONITORING PARAMETERS
Parameter
Unit
Stability--respirometry
mg O[2]/kg
O[2] consumed
VS/hr
Soluble salts--electrical
mmhos/cm
Fecal coliform
MPN/g
Salmonella
MPN/4g
pH
Regulated parameters:
Arsenic (As)
mg/kg dry wt.
Cadmium (Cd)
mg/kg dry wt.
Chromium (Cr)
mg/kg dry wt.
Copper (Cu)
mg/kg dry wt.
Lead (Pb)
mg/kg dry wt.
Mercury (Hg)
mg/kg dry wt
Molybdenum (Mo)
mg/kg dry wt.
Nickel (Ni)
mg/kg dry wt.
Selenium (Se)
mg/kg dry wt.
Zinc (Zn)
mg/kg dry wt.
Man-Made Inerts >4 mm,
visual
<13 mm
Film plastic >4 mm
cm<2>/m<3>
Sharps
PRS
Notes:
1.
VS means volatile solids.
2.
MPN means most probable number per gram of total solids in the sewage
sludge or compost. MPN is an index of the number of coliform bacteria,
reported by the multiple-tube fermentation procedure of the coliform
test, that, more probably than any other number, would give the results
shown by the laboratory examination; it is not an actual enumeration.
3.
Mmhos is a unit of electrical conductivity; it is the reciprocal of ohm.
4.
Man-made inert material includes glass shards and metal fragments that
pose a human and animal safety hazard with unprotected exposure or
through direct ingestion.
5.
Film plastic can be a potential hazard to small animals through direct
ingestion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 5 - REQUIREMENTS FOR PROCESSING DISCARDED APPLIANCES THAT CONTAIN REFRIGERANT FLUID › Section 7:26A-5.1 - Requirements for processing discarded appliances, motor vehicles, machines or other goods which contain refrigerant fluid

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No shearing, shredding, baling or other actions which could cause release of refrigerant fluid shall take place prior to recovery of such refrigerant fluid.
(b) Recovery of refrigerant fluid shall be performed in a manner such that no venting of refrigerant fluid occurs.
(c) Recovered refrigerant fluid shall be delivered to a facility which has agreed to reprocess the refrigerant fluid to specifications suitable for reentry into commerce. If arrangements cannot be made with a reprocessing facility to accept recovered refrigerants, or if the refrigerants cannot be otherwise made suitable for reuse, the person who recovered the refrigerant shall store or dispose of the material in accordance with applicable laws and regulations.
(d) Recovery and disposition of refrigerant fluid must comply with all applicable laws, regulations and guidelines, including, but not limited to, the following:
1. Safety standards of the Occupational Safety and Health Administration (OSHA), including standards for handling compressed gases at 29 C.F.R. 1910.101 and standards for air contaminants at 29 C.F.R. 1910.1000;
2. Persons transporting recovered chlorofluorocarbons mixed or combined with a hazardous waste shall comply with the Department's hazardous waste rules at N.J.A.C. 7:26G, particularly N.J.A.C. 7:26G-5 and 7:26G-6;
3. Recovered refrigerant fluid shall be stored and transported in containers in accordance with the requirements at 49 C.F.R., particularly Chapter 1 and Subchapter C; and
4. Recovery, storage and transport of refrigerants shall comply with Air Conditioning and Refrigerant Institute (ARI) guideline K for containers for recovered refrigerants, incorporated herein by reference.
5. The provisions of Title VI of the Clean Air Act Amendments of 1990.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.2 - Used oil specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is considered to be off-specification used oil and is subject to regulation under this subchapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1 below. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with 7:26A-6.9(c), (d) and (e)3, the used oil is considered to be on-specification used oil and is no longer subject to this subchapter, except for (b) below and 7:26A-6.3(d) and (e).
TABLE 1
Used Oil not exceeding any specification level is not subject to this
subchapter when burned for Energy Recovery (except as noted below). n1
Constituent/property
Allowable level
Arsenic
5 ppm maximum
Cadmium
2 ppm maximum
Chromium
10 ppm maximum
Lead
100 ppm maximum
Flash point
100 [degree]F minimum
Total halogens
1,000 ppm maximum n2
NOTE: Applicable standards for the burning of used oil containing PCBs are
also imposed by 40 C.F.R. 761.20(e).
1.
The specification does not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see 7:26A-6.1 ).
2.
Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under 7:26A-6.1(a)2  i. Such used oil is subject to 40 C.F.R. Part 266, subpart H, as incorporated by reference at N.J.A.C. 7:26G-10 rather than this subchapter when burned for energy recovery unless the presumption of mixing can be successfully rebutted.
(b) On-specification used oil may be directly burned for energy recovery in any device, furnace, or boiler, provided a "Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment" or other required authorization is obtained for the device in accordance with N.J.A.C. 7:27-8, 20, or 22 prior to burning.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.3 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under 40 C.F.R. Part 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9.
(b) The use of used oil as a dust suppressant is prohibited.
(c) Off-specification used oil fuel shall not be burned for energy recovery except in the devices specified below, and provided a "Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment" or other authorization is obtained for such device prior to burning in accordance with N.J.A.C. 7:27-8 or 22:
1. Industrial furnaces as defined in 7:26-1.4;
2. Boilers, as defined in 7:26-1.4, that are identified as follows:
i. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or
ii. Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; and
3. Hazardous waste incinerators subject to regulation under 40 C.F.R. Parts 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.4 - Standards for used oil generators, DIY generators and motor oil retailers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (a)1 through 4 below, this section applies to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.
1. Except as provided in (f) below, household do-it-yourselfer used oil generators are not subject to regulation under this subchapter.
2. Vessels at sea or at port are not subject to this section. For purposes of this section, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the person(s) removing or accepting used oil from the vessel are co-generators of the used oil and are both responsible for managing the waste in compliance with this section once the used oil is transported ashore. The co-generators may decide among them which party will fulfill the requirements of this section.
3. Mixtures of used diesel engine crankcase oil and diesel fuel mixed by the generator of the used diesel engine crankcase oil for use in the generator's own vehicles are not subject to this subchapter once the used diesel engine crankcase oil and diesel fuel have been mixed and provided that the blending is less than or equal to a maximum rate of five percent (that is, a 19 to 1 virgin fuel to used diesel engine crankcase oil dilution). Prior to mixing, the used diesel engine crankcase oil fuel is subject to the requirements of this section.
4. Farmers who generate an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.5 - Standards for used oil collection and aggregation points

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 13:1E-99.3 6, owners or operators of all reinspection stations permitted by the Motor Vehicle Commission and all retail service stations that have used oil collection tanks on the premises shall accept do-it-yourselfer used oil for recycling in accordance with the following:
1. Owners and operators of such reinspection and service stations shall post and maintain a durable and legible sign, as required at (c)2iii below.
2. Owners and operators shall not be required to accept used oil that they reasonably suspect to contain water, antifreeze, industrial waste or any other contaminant.
3. Owners and operators shall not be required to accept more than two gallons of DIY used oil from any person at one time.
4. Owners and operators may charge a reasonable fee to defray the costs of managing the DIY used oil.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.6 - Standards for used oil transporter and transfer facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards that apply to used oil transporters and transfer facilities are as follows:
1. Except as provided in (a)1i through iv below, this section applies to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the collected oil, and owners and operators of used oil transfer facilities;
i. This section does not apply to on-site transportation;
ii. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil collection center as specified in N.J.A.C. 7:26A-6.4(f)1;
iii. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil aggregation point owner or operated by the same generator as specified in N.J.A.C. 7:26A-6.4(f)2; or
iv. This section does not apply to transportation of used oil from household do-it-yourselfer used oil generators to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of this subchapter. Except as provided in 1i through 1iii above, this section does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.7 - Standards for used oil processors and re-refiners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Standards for used oil processors and re-refiners and used oil processing and re-refining facilities are as follows:
1. The requirements of this section apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. The requirements of this section do not apply to:
i. Transporters that conduct incidental processing operations that occur during the normal course of transportation as provided in 7:26A-6.6(b); or
ii. Burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.8 - Standards for used oil burners who burn off-specification used oil for energy recovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are the applicability standards for used oil burners:
1. The requirements of this section apply to used oil burners except as specified in (a)1i and ii below. A used oil burner is a facility where used oil not meeting the specification requirements in 7:26A-6.2 is burned for energy recovery in devices identified in (b)1 below. Facilities burning used oil for energy recovery under the following conditions are not subject to this section:
i. The used oil is burned by the generator in an on-site space heater under the provisions of 7:26A-6.4(e); or
ii. The used oil is burned by a processor/re-refiner for purposes of processing used oil, which is considered burning incidentally to used oil processing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.9 - Standards for used oil fuel marketers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are the applicability standards for used oil fuel marketers:
1. Any person who conducts either of the following activities is subject to the requirements of this section:
i. Directs a shipment of off-specification used oil from their facility to a used oil burner; or
ii. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 7:26A-6.2;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 6 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 7:26A-6.10 - Prohibition on the use of used oil as a dust suppressant and disposal of used oil

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of this section apply to all used oils that cannot be recycled and are therefore being disposed.
(b) The following are the disposal standards for used oil:
1. Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this subchapter shall be managed in accordance with the hazardous waste management requirements of 40 C.F.R. Parts 260 through 266, 268, 270 and 124, as incorporated by reference at N.J.A.C. 7:26G.
2. Used oils that are not hazardous wastes and cannot be recycled under this subchapter shall be disposed in accordance with the solid waste management requirements of N.J.A.C. 7:26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.1 - Incorporation by reference: standards for the management of universal waste

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter prospectively incorporates by reference up to July 1, 1998 and prospectively incorporates by reference 40 C.F.R. Part 273 , Federal Regulations on Universal Waste, and its appendices, as amended and supplemented, except as provided in (b) and (c) below.
(b) The following provisions of 40 C.F.R. Part 273 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference, and is also excluded from the process of prospective incorporation by reference:
1. 40 C.F.R. Part 273.6 , the definition of "universal waste." The definition at N.J.A.C. 7:26A-1.3 shall apply.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.2 - State-listed universal wastes; applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, pursuant to 40 C.F.R. 273.80 and associated USEPA guidance, herein lists universal wastes additional to the Federal universal waste program at 40 C.F.R. Part 273. The following sections of this chapter set forth standards for the handling of the following additional wastes that may be managed as universal waste in New Jersey, and apply to all persons handling the additional wastes in (a)1 and 2 below.
1. Oil-based finishes, as defined in 7:26A-1.3, except the following:
i. Oil-based finishes that are not yet discarded, or designated for disposal; and
ii. Oil-based finishes that are not hazardous wastes. An oil-based finish is a hazardous waste if it exhibits one or more of the characteristics identified in 40 C.F.R. Part 261, subpart C as incorporated by reference at N.J.A.C. 7:26G-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.3 - Mixtures of universal waste with waste of other classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mixtures of universal waste and hazardous waste are subject to regulation as hazardous waste under 40 C.F.R. Parts 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G.
(b) Mixtures of universal waste and household hazardous waste or conditionally exempt small quantity generator hazardous waste regulated under 40 C.F.R. 261.5, as incorporated by reference at N.J.A.C. 7:26G-5, are subject to regulation as universal waste under this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.4 - Management standards for small quantity handlers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A small quantity handler of the State-listed universal wastes in 7:26A-7.2 shall comply with all requirements of 40 C.F.R. Part 273 Subpart b pertaining generally to all universal wastes.
(b) A small quantity handler of universal waste shall manage consumer electronics in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
1. A small quantity handler of universal waste shall contain any consumer electronic that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the consumer electronic, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;
2. A small quantity handler of universal waste may disassemble ("demanufacture") consumer electronics into its marketable components; this shall exclude any processing or treatment (examples: including, but not limited to, crushing, shredding or thermally altering) of these components; and
3. A small quantity handler of universal waste who generates solid waste as a result of the activities listed at 7:26A-7.4(b), shall determine whether the solid waste exhibits a characteristic of hazardous waste identified in 40 C.F.R. Part 261, subpart C as incorporated by reference at N.J.A.C. 7:26G-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.5 - Management standards for large quantity handlers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A large quantity handler of the State-listed universal wastes in N.J.A.C. 7:26A-7.2 shall comply with all requirements of 40 C.F.R. 273 Subpart C pertaining generally to all universal wastes.
(b) A large quantity handler of universal waste shall manage consumer electronics in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
1. A large quantity handler of universal waste shall contain any consumer electronic that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the consumer electronics, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; and
2. A large quantity handler of universal waste may not conduct disassembling ("demanufacturing") or processing (examples: including, but not limited to, crushing, shedding or thermally altering) activities on consumer electronics. A large quantity handler who wants to demanufacture or process consumer electronics shall apply for a Class D Approval in accordance with N.J.A.C. 7:26A-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.6 - Standards for universal waste transporters

Current through Register Vol. 56, No. 14, July 15, 2024
Transporters of State-listed universal wastes shall comply with the Federal requirements for Federally listed universal wastes at 40 C.F.R. Part 273, Subpart D, Standards for Universal Waste Transporters, at 40 C.F.R. 273.50 through 273.56 and 40 C.F.R. Subpart F, Import Requirements, at 40 C.F.R. 273.70.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.7 - Labeling of containers of additional universal wastes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Universal waste consumer electronics devices shall be clearly labeled or marked clearly, individually or by closed container with the following phrase: "Universal Waste--Consumer Electronics."
(b) A container (or multiple container package unit), tank, transport vehicle or other vessel in which oil-based waste finishes contained, shall be labeled or marked clearly with the following phrase: "Universal Waste--Oil-based Finish."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.8 - Standards for the processing of universal waste at recycling centers for Class D recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
Processors of universal wastes, both those listed Federally at 40 C.F.R. 273.9 and those listed by the State of New Jersey at 7:26A-7.2, shall comply with the design and operating standards at 7:26A-4.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 7 - STANDARDS FOR THE MANAGEMENT OF CLASS D UNIVERSAL WASTE › Section 7:26A-7.9 - Petitions to designate other wastes as universal wastes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may petition USEPA for inclusion of new materials in the Federal universal waste program set forth at 40 C.F.R. Part 273 . Procedures may be found at 40 C.F.R. Part 273 , Subpart G, specifically, 40 C.F.R. 273.80(a) et seq.
(b) Pursuant to N.J.S.A. 52:14b-4(f)  and N.J.A.C. 7:1D-1.1, any person may petition the Department of Environmental Protection for the inclusion of new materials in the State's universal waste program. Petitioners shall send all petitions to:
Office of Legal Affairs
Department of Environmental Protection
Attn: Rulemaking Petitions
401 East State Street, 7th Floor, West Wing
P.O. Box 402, Mail Code 401-04L
Trenton, NJ 08625-0402
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 8 - REQUIREMENTS FOR TRANSPORTERS OF SOURCE SEPARATED MATERIALS › Section 7:26A-8.1 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
All transporters of source separated recyclable materials transported to manufacturers and recycling centers located in states other than New Jersey shall provide the county(ies) of origin (if requested) and all municipalities of origin, by February 1 of each year, a recycling tonnage report covering all such source separated materials transported the previous calendar year. The report shall detail the municipality of origin, the name and location of the manufacturer or recycling center and the amount of each source separated recyclable material, expressed in gallons, tons or cubic yards, brought to each manufacturer or recycling center from each specific municipality of origin. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 8 - REQUIREMENTS FOR TRANSPORTERS OF SOURCE SEPARATED MATERIALS › Section 7:26A-8.2 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A transporter of source separated Class A, Class B, Class C, or noncombustible Class D recyclable materials is not subject to the regulations at N.J.A.C. 7:26-3 provided the recyclable material is being shipped for recycling to any of the following locations:
1. An in-State recycling center holding a general or limited approval pursuant to this chapter;
2. A site operating pursuant to an exemption from the requirement to obtain a general or limited approval in accordance with 7:26A-1.4;
3. A recycling depot. The transport of Class B materials to a recycling depot shall be limited to the transport of non-container plastic materials;
4. A manufacturer; or
5. A scrap processing facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 8 - REQUIREMENTS FOR TRANSPORTERS OF SOURCE SEPARATED MATERIALS › Section 7:26A-8.3 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transporters shall not mix source separated recyclable materials, whether designated by the county in which it is generated or not, with solid waste, for any purpose.
(b) The Department may grant a written exemption from this provision in cases of emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 8 - REQUIREMENTS FOR TRANSPORTERS OF SOURCE SEPARATED MATERIALS › Section 7:26A-8.4 - Transporters of recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No vehicle or transport unit used for the transportation of recyclable materials shall be used in a manner where littering, spillage, or emissions of recyclable materials will occur.
(b) All vehicles or transport units used to transport recyclable materials shall be maintained in good working condition to protect the health and safety of the workers and citizens of this State.
(c) Tarpaulins or covers shall be provided and used as needed while transporting recyclable materials.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall govern the Department's assessment of civil administrative penalties for violations of the Solid Waste Management Act, 13:1E-1 et seq., as amended by the Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.1 1 et seq., (hereinafter "the Act"), including violation of any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved, pursuant to the Act, unless said violation is governed by the Solid Waste rules, N.J.A.C. 7:26. This subchapter shall also govern the procedures for requesting adjudicatory hearings on a notice of civil administrative penalty assessment or an administrative order.
(b) The Department may assess a civil administrative penalty of not more than $ 50,000 for each violation of each provision of the Act, or any rule promulgated, any administration order, permit, license or other operating authority issued, any district solid waste management plan approved, pursuant to the Act.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by 13:1E-1 et seq. or any other statute, in connection with the violation for which the assessment is levied.
(e) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license or other operating authority issued under the Act. Specifically, the Department may revoke or suspend a permit, license or other operating authority, without regard to whether or not a civil administrative penalty has been or will be assessed pursuant to this subchapter.
(f) For purposes of this subchapter, any person who undertakes or performs an obligation imposed upon another person pursuant to the Act, or any rules promulgated, any administrative, order, permit, license or other operating authority issued, any district solid waste management plan approved, pursuant to the Act, may at the discretion of the Department be subject to a civil administrative penalty pursuant to this subchapter in the same manner and in the same amount as such other person.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.2 - Procedures for assessment and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty under the Act, for violation of the Act, or any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved pursuant to the Act, the Department shall, by means of notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one violation in a single notice of civil administrative penalty assessment or in multiple notices of civil administrative penalty assessment. This notice of civil administrative penalty assessment shall:
1. Identify the section of the Act, rule, administrative order, permit, license, district solid waste management plan violated;
2. Concisely state the facts which constitute the violation;
3. Specify the amount of the civil administrative penalty to be imposed; and
4. Advise the violator of the right to request an adjudicatory hearing, pursuant to the procedures in 7:26A-9.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.3 - Procedures to request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment, and procedures for conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment issued pursuant to the Act, the violator shall submit the following information, in writing, to the Department at New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, PO Box 420, Mail Code 401-07A, Trenton, NJ 08625-0420.
1. The name, address, telephone number of the violator and its authorized representative;
2. The violator's defenses, to each of the Department's findings of fact in the findings section of the administrative order or notice of civil administrative penalty assessment, stated in short and plain terms;
3. An admission or denial of each of the Department's findings of fact in the findings section of the administrative order or notice of civil administrative penalty assessment. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as it true and material and deny only the remainder. The violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding that the violator denies, the violator shall allege the fact or facts as the violator believes such fact or facts to be;
4. Information supporting the request and specific reference to or copies of all written documents relied upon to support the request;
5. An estimate of the time required for the hearing (in days and/or hours);
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons; and
7. A clear indication of any willingness to negotiate a settlement with the Department prior to the Department's processing of the hearing request to the Office of Administrative Law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.5 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall assess penalties under this section, and not under 7:26A-9.4, when:
1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under 7:26A-9.4 would be too low to provide a sufficient deterrent effect as required by the Act; or
2. The violation is not listed under 7:26A-9.4.