Current through Register Vol. 56, No. 6, March 18, 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.
2. The Department shall convene an informational meeting at least annually with the owners and/or operators of the facilities listed in (a) above to outline the SWFPPA planning process.
(b) The SWFPPA shall include the following:
1. A discussion of the operating conditions and requirements in the facility's existing permit, their associated environmental and/or agricultural impacts and the potential to improve operating conditions over those required by the permit. This discussion shall, at a minimum, address:
i. Facility storage requirements;
ii. Litter control;
iii. Fugitive dust controls;
iv. Odor controls;
v. Noise controls;
vi. Equipment and facility on-line availability;
vii. On-site vehicle routing and traffic; and
viii. Off-site vehicle routing;
2. A discussion of the long-term environmental goals and milestones selected by the applicant for inclusion in the SWFPPA. 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. The applicant shall select from the goals and milestones listed below and/or propose alternative goals and milestones:
i. 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;
ii. Baselines to be utilized to measure progress towards achieving the goals and milestones established in the SWFPPA;
iii. Methods to increase the recovery of materials from solid waste through the addition of manual or mechanical materials recovery systems in furtherance of State and solid waste management district recycling goals;
iv. Methods to reduce levels of discarded products containing heavy metals, particularly those containing cadmium, lead and mercury from the solid waste disposal stream. This reduction shall be based on a materials balance for the facility;
v. Methods to reduce levels of discarded products containing volatile organic compounds from the solid waste disposal stream. This reduction shall be based on a materials balance for the facility;
vi. 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;
vii. Methods to eliminate or reduce levels of hazardous substances used by facility through material or product substitution or other means;
viii. Methods to reduce the quantity of household hazardous waste, small quantity generator waste and/or universal waste disposed of by the solid waste facility;
ix. Formulation of a landfill mining plan to extract valuable resources for recycling, reduce the size of the landfill footprint, reclaim additional disposal capacity or otherwise improve resource management;
x. Methods to reduce the likelihood of accidental spills or releases of hazardous substances;
xi. 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;
xii. Methods to reduce water usage by the facility;
xiii. Methods to reduce wastewater discharges by the facility; and
xiv. Methods to reduce direct and/or fugitive air emissions from the facility;
3. A schedule for improving operational conditions identified pursuant to (b)1 above and specific methodologies for effecting the improvements;
4. A schedule for achieving the goals and milestones established pursuant to (b)2 above;
5. A discussion of the policies and procedures established to create a compliance assurance program, including:
i. Internal inspection schedules to ensure that all site conditions and operations are in compliance with internal assurance policies and standard operating procedures and environmental obligations;
ii. Procedures for correcting actual noncompliance observed during inspections; and
iii. Procedures for reporting noncompliance to the appropriate facility official and tracking corrective actions;
6. A discussion explaining the facility specific data and information and direct measurement utilized to develop the goals and milestones established pursuant to (b)2 above. This discussion may also include information based on reasonable calculations and estimates from the best available data and/or experience and judgment; and
7. The SWFPPA shall be developed for a 15 year period, with major goals and milestones scheduled to be reviewed on a five-year basis in accordance with the procedure established at (l) below.
(c) At least one year prior to the submission of a draft SWFPPA pursuant to (d) below, the SWF permittee and representatives from the Department shall meet to develop the long-term environmental goals and milestones of the specific SWFPPA and the timeframe for submission.
(d) The SWF permittee shall submit a draft SWFPPA to the Department for review to determine consistency with the statewide solid waste management plan adopted pursuant to 13:1E-6 in effect at the time of the submission, and the requirements of (b) above.
1. The Department shall provide comments, in writing, on the draft SWFPPA to the SWF permittee within 90 days of receipt.
2. The SWF permittee may amend the draft SWFPPA accordingly and/or negotiate any contested issue(s) with the Department to reach a consensus.
3. The SWF permittee shall submit the final SWFPPA reflecting the consensus reached by the SWF permittee and the Department, for execution by the Department.
(e) The Department's review shall be coordinated with the appropriate solid waste management district to ensure that the SWFPPA is consistent with existing or established goals for pollution prevention established in the appropriate district solid waste management plan.
(f) Upon joint execution of the SWFPPA, the SWF permittee and the Department shall agree to the following:
1. The SWFPPA shall replace the SWF permit renewal process and requirements set forth at 7:26-2.7 and the duration of the SWF permit shall be that established for the SWFPPA unless the SWF permittee is disqualified pursuant to (p) below.
2. The SWFPPA shall replace the SWF compliance monitoring schedule established pursuant to N.J.A.C. 7:26-4. The compliance monitoring schedule in the SWFPPA shall be based on the goals and milestones established in accordance with (b) above and satisfaction of the criteria in (f)3i through iii below.
3. The compliance monitoring schedule in the SWFPPA shall be based on the classification of the solid waste facility. Classification levels range from 1 to 3, with a level 1 facility requiring the least frequent compliance monitoring and a level 3 facility requiring the most frequent compliance monitoring. The classification levels are defined as follows:
i. A level 1 facility operates in substantial compliance with its SWF permit, having incurred only minimal administrative violations, if any.
ii. A level 2 facility operates in substantial compliance with its SWF permit, having incurred only administrative violations and/or minor environmental violations, if any, that did not require remediation of the site.
iii. A level 3 facility operates in substantial compliance with its SWF permit, having incurred only administrative violations and/or minor environmental violations, if any, that did require remediation of the site.
(g) For any solid waste facility otherwise eligible under this section that does not enter into an executed SWFPPA, and any other solid waste facility the duration of the SWF permit and the SWF permit renewal process are as set forth at N.J.A.C. 7:26-2.7.
(h) A SWF permittee that has executed and is operating under a SWFPPA pursuant to this section shall modify its SWF permit in accordance with the following:
1. Any minor modification, as defined at 7:26-2.6(d)1, that is consistent with the goals and milestones established in the SWFPPA shall be deemed to be effective within 60 days of submission to the Department unless the Department determines, based on the information submitted, that a modification of permit conditions is warranted. In such event, the Department shall notify the permittee within 60 days of the receipt of the submission.
2. Any modification, as defined at 7:26-2.6(a)4 i, that is consistent with the SWFPPA shall, after review by the Department to ensure compliance with environmental obligations, as defined at (r) below, shall be approved.
(i) Any modification made to a permit pursuant to (h)1 and (h)2 above shall not relieve the SWF permittee from the requirement to comply with environmental obligations as defined at (r) below.
(j) The SWF permittee shall submit an annual progress report addressing the goals and milestones established in the SWFPPA. The annual progress report shall, at a minimum, contain the following:
1. A description of compliance with the facility's internal compliance assurance policies, standard operating procedures and environmental obligations, as defined at (r) below.
2. A description of the progress towards the goals and milestones established in the SWFPPA in accordance with the agreed upon schedule(s). Any change in the schedule(s) shall be explained and a revised schedule(s) set forth.
(k) The SWF permittee shall conduct a facility wide benchmark audit not less than once every five years.
1. The facility wide benchmark audit shall include;
i. An evaluation of site conditions and facility operations to determine compliance with the facility's internal compliance assurance policies, standard operating procedures and environmental obligations, as defined at (r) below; and
ii. An evaluation of the adequacy of the management systems, internal compliance assurance policies and standard operating procedures.
2. The facility wide benchmark audit shall be performed by persons who possess the skills, training and technical competence necessary to perform the audit functions required by this section.
(l) The SWF permittee shall submit a five-year SWFPPA update setting forth the findings of the facility wide benchmark audit to the Department for review in accordance with the timeframes established in the SWFPPA. The SWFPPA update shall, at a minimum, include:
1. A description of conditions, activities and/or practices that do not comply with internal compliance assurance policies;
2. A description of corrective action that is necessary to achieve, maintain or improve compliance, and schedules for implementing such corrective action;
3. A description of weaknesses in management systems and lapses in internal compliance assurance policies and standard operating procedures that cause or contribute to noncompliance;
4. A recommendation for correcting any such weaknesses in management systems or lapses in internal compliance assurance policies or standard operating procedures; and
5. A recommendation for revising any preexisting goals, milestone schedules or methods of measuring progress, if necessary.
(m) All annual progress reports and five-year SWFPPA updates shall be signed and certified by the SWF permittee as follows:
1. For a corporation, by a principal executive officer of at least the level of vice president;
2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
3. For a municipality, State, Federal or other public agency, by either a principal executive officer or ranking elected official.
4. All annual progress reports and five-year SWFPPA updates shall contain the following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I understand that, in addition to criminal penalties, I may be liable for a civil administrative penalty pursuant to N.J.A.C. 7:26-5 and that submitting false information may be grounds for denial, revocation or termination of any solid waste facility permit or vehicle registration for which I may be seeking approval or now hold."
(n) The Department shall review the SWFPPA update submitted pursuant to (l) above in accordance with the procedures set forth at (d) above. Upon the Department's acceptance of the SWFPPA update, the SWFPPA shall be deemed extended for an additional five-year period. The duration of the SWFPPA shall be re-established at 15 years with the acceptance of each SWFPPA update for the life of the facility.
(o) The SWFPPA annual progress report and/or the five year SWFPPA update may include a request to renegotiate any provision established therein, including, but not limited to, alteration in the compliance monitoring schedule or the reporting schedule.
1. Compliance with the SWFPPA and progress towards the goals and milestones established in the SWFPPA as documented in the annual progress report or the five year SWFPPA update may enable the SWF permittee to negotiate an altered compliance monitoring schedule negotiated pursuant to (f)2 and 3 above.
2. Compliance with the SWFPPA and progress towards the goals and milestones established in the SWFPPA as documented in the annual progress report or the five-year SWFPPA update may enable the SWF permittee to negotiate reduced reporting requirements required by (j) above.
(p) The following shall be grounds for disqualification from the SWFPPA program.
1. Failure to submit an annual progress report in accordance with the requirements of (j) above;
2. Failure to submit a five-year SWFPPA update in accordance with the requirements of (l) above;
3. Failure to initiate or implement the goals and milestones established in the SWFPPA according to schedule(s) set forth;
4. Unnecessary delay in taking other action(s) agreed to in the SWFPPA; or
5. Substantial noncompliance with environmental obligations as defined at (r) below.
(q) Solid waste facilities disqualified or voluntarily withdrawing from the SWFPPA program shall submit a SWF permit renewal application pursuant to N.J.A.C. 7:26-2.7.
(r) For the purposes of this section, "environmental obligations" means the environmental statutes applicable to the facility, including but not limited to, the Solid Waste Management Act, 13:1E-1 et seq., the Water Pollution Control Act, 58:10A-1 et seq., the Air Pollution Control Act, N.J.S.A. 26-2C-1 et seq., and the rules adopted thereunder, and any permits or orders issued pursuant thereto.
(s) A solid waste facility classified as a level 1 facility pursuant to (f)3i above may be eligible for a facility wide permit if the Department formally adopts a facility wide permit program.
