Current through Register Vol. 56, No. 24, December 18, 2024
(a) Prior to commencing receipt, storage,
processing or transfer of any Class B, Class C or Class D recyclable materials
at a recycling center, the owner or operator of the recycling center shall
submit to the Department the information set forth in this subsection. All maps
of the proposed recycling center shall be prepared in a manner and format
consistent with N.J.A.C. 7:1D, Appendix A. The applicant shall submit a minimum
of three complete sets of the application. Additional complete sets may be
required based upon the type, scale, location, and potential environmental
impacts of the proposed recycling center. The owner or operator of a recycling
center for Class C recyclable materials shall submit the additional information
required pursuant to
N.J.A.C.
7:26A-3.18. The owner or operator of a
recycling center for Class D recyclable materials shall submit the additional
information required pursuant to
N.J.A.C.
7:26A-3.19 and 3.20.
1. The name, address and telephone number of
the person or persons seeking to own and operate the proposed recycling center,
and the address of the recycling center if different from the above;
2. A description of the geographical location
of the recycling center identified by the name of the municipality in which the
recycling center is located, by a tax map showing the lot and block numbers of
the recycling center site and of all adjoining properties, and by a zoning map
showing the current land use of the recycling center site and of all adjoining
properties;
3. A listing, by name,
address and telephone number, of all persons owning five percent or more of
corporation stock in the recycling center, or a listing of the general and
limited partners where applicable. In the case where no persons own five
percent or more of corporation stock in the recycling center, the names of the
corporation principals shall be listed. The owner or operator of the recycling
center shall list any intra-corporate relationships between the recycling
center and any solid waste hauler or disposal operation registered with the
Department;
4. A listing of the
material or materials, including the types of any reasonably anticipated
contaminants, to be received, stored, processed or transferred at the recycling
center;
5. The maximum amount of
each material, including contaminants, to be received, stored, processed or
transferred at the recycling center per day, expressed in tons, cubic yards,
cubic feet or gallons per day. Those persons specifying this information in
cubic yards per day shall also indicate the conversion ratio of the materials
from cubic yards to tons;
6. A
listing of all products and residue resulting from the proposed recycling
activities, and the amount of such products and residue expressed in tons,
cubic yards, cubic feet or gallons per day. Those persons specifying this
information in cubic yards per day shall also indicate the conversion ratio of
the material from cubic yards to tons;
7. The name, address and telephone number of
planned end-markets for the materials received, stored, processed or
transferred by the recycling center.
i.
End-market contracts or agreements shall be submitted as evidence of the
applicant's ability to sell the products resulting from the proposed activities
of the recycling center;
ii. Where
end-market contracts or agreements are not available at the time of application
for a general approval to operate a recycling center, the applicant shall
submit letters of interest from prospective end-market users of the products
resulting from the applicant's recycling operation. Letters of interest may be
based on information provided by the applicant to prospective end-market users
such as a description of the equipment to be used at the recycling center and
the specifications of the products resulting from recycling center
operation;
8. A
description, including manufacturer's specification sheets, of all equipment to
be utilized for the receipt, storage, processing or transferring of each Class
B, Class C, or Class D recyclable material received, stored, processed or
transferred, including the name of the equipment manufacturer, model number and
operating capacity of the equipment. Also, a written statement by the applicant
that no Class B, Class C, or Class D recyclable material will be received,
stored, processed, or transferred at the recycling center until the equipment
identified by the applicant is installed or situated at the recycling center
site;
9. A site plan map, prepared,
signed and sealed by a licensed professional engineer or other professional
qualified in accordance with the State Board of Professional Engineers and Land
Surveyors rules, N.J.A.C. 13:40, which identifies (plots) the placement of all
equipment, buildings, activities and areas related to the receipt, storage,
processing and transferring of all unprocessed and processed recyclable
materials. This site plan shall also:
i. Be
drawn to scale no smaller than one inch equals 100 feet;
ii. Indicate the routing of vehicles between
the recycling center and all nearby roadways serving the site, as well as the
traffic flow within the site, and indicate the provisions incorporated into the
site plan to ensure safe and efficient vehicular and pedestrian circulation,
parking, loading and unloading;
iii. Delineate the floodplain as defined at
N.J.A.C.
7:13-1.2;
iv. Delineate the incidence of wetlands,
Pinelands Area, prime agricultural lands, historic sites (where applicable) and
other environmentally sensitive areas;
v. Identify the direction of water runoff
both on and off-site and the screening and landscaping provisions which may be
incorporated at the site;
vi.
Indicate topographic contours drawn at two-foot intervals;
vii. Indicate the location and dimensions, in
feet, of the unprocessed and processed materials stockpile areas. Also, based
on this information, the total cubic yard storage capacity of the unprocessed
and processed materials stockpile areas shall be indicated. The applicant shall
also indicate whether the applicant wishes to reserve the right to use
unprocessed material stockpile space as processed material stockpile space in
certain instances;
viii. Indicate
the site access controls to be employed at the recycling center; and
ix. Delineate the location of all utilities
including, but not limited to, water sanitary sewer, and storm water
systems.
10. An original
7.5 minute USGS Quadrangle map which includes the boundary of the recycling
center plotted on the map. The map shall delineate any public access roads to
the site and any streams or ponds and sensitive receptors (for example,
hospitals, schools, playgrounds, homes, etc.) within a one-half mile radius of
the site;
11. A copy of the deed of
record establishing ownership of the recycling center property or, if the
applicant is other than the landowner, a legal agreement (for example, a legal
lease agreement) to use the real property in question for the intended
purpose;
12. A description of the
design capacity of the recycling center setting forth the number and types of
vehicles bringing material to the recycling center for receipt, storage or
processing, and the number and types of vehicles transferring products and
residue from the site on a daily basis;
13. A copy of a New Jersey air pollution
control permit application required pursuant to
N.J.A.C. 7:27-8.2(a)1
where applicable;
14. A written narrative explanation of the
recycling center operation from the receipt of recyclable materials to the
point of transfer of end-products;
15. Documentation establishing that the
recycling center is included in the solid waste management plan of the solid
waste management district within which the recycling center is
located;
16. An operations plan
which shall include, at a minimum, the following:
i. Hours of operation of the recycling
center;
ii. An incoming materials
specification sheet which shall be provided to all persons bringing, delivering
or sending Class B, Class C, or Class D recyclable material to the recycling
center and which shall include the following information:
(1) A listing of the source separated
materials to be received by the recycling center;
(2) The size, weight, or other restrictions
regarding materials to be received; and
(3) A notice that vehicles delivering
materials to the recycling center will be inspected and, if found to contain
more than allowable amounts of contaminants as specified per
N.J.A.C.
7:26A-3.5(e)3 i, will be
barred from offloading vehicle payload; and
(4) A notice that persons bringing materials
to the recycling center shall certify the amount of material per load, the
municipality of origin of that material, and other information contained on the
Recyclable Materials Receipt Form.
iii. A Recyclable Materials Receipt Form
which shall be provided to all persons bringing recyclable material to the
recycling center and which shall maintain the following information for each
vehicle delivering recyclable material to the recycling center:
(1) The amount of source separated recyclable
material received, expressed in tons, cubic yards, cubic feet or gallons. Those
persons specifying this information in cubic yards shall also indicate the
conversion ratio of the materials from cubic yards to tons;
(2) The municipality of origin of the
material received;
(3) The name of
the person bringing source separated recyclable materials to the
facility;
(4) The vehicle license
plate number, NJDEP registration number, if an NJDEP registered vehicle is used
and EPA ID number, if an EPA registered vehicle is used; and
(5) A certification, to be completed and
signed by the person delivering recyclable material to the recycling center at
the time of delivery, that the information contained on the Recyclable
Materials Receipt Form is true, accurate and complete.
iv. An incoming materials inspection plan
which shall detail the manner by which all vehicles entering the facility with
recyclable materials to be stored, processed or transferred will be inspected
to determine the contents of the vehicle payload area, including the incidence
of or extent of contaminants which may be present in the truckload of
recyclable materials received;
17. A description of the methods to be used
to control traffic and to expedite unloading;
18. A description of the leachate and storm
water run-off and drainage control measures that will be used to meet the
applicable provisions of the Stormwater Management rules at N.J.A.C. 7:8-5 and
6 and the Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A-24 and
25;
19. A description of the
methods that will be used to control soil erosion and meet the New Jersey Soil
Erosion and Sediment Control Regulations,
N.J.S.A. 4:24-43;
20. A description of the methods that will be
used to minimize, manage and monitor noise at nearby residential and/or
commercial property lines demonstrating the ability to meet the New Jersey
noise control rules, N.J.A.C. 7:29. Manufacturer specifications on sound level
ranges for all equipment to be used shall be provided; and
21. A description of the impact that traffic
associated with the proposed recycling center will have on existing
transportation patterns.
(b) The information required pursuant to (a)
above shall be accompanied by the written certification in (b)1 below.
1. "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, recycling
center approval (general or limited), or vehicle registration for which I may
be seeking approval or now hold."
2. The certification in (b)1 above shall be
signed by the applicant as follows:
i. For a
corporation, by a principal executive officer of at least the level of vice
president;
ii. For a partnership or
sole proprietorship, by a general partner or the proprietor, respectively;
or
iii. For a municipality, county,
State, Federal or other public agency, by either a principal executive officer
or ranking elected official.
(c) One original and two copies of the
information required pursuant to (a) above shall be submitted to:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
401 East State Street, 2nd Floor, West Wing
PO Box 420, Mail Code 401-02C
Trenton, New Jersey 08625-0420
(d) One copy of the information required
pursuant to (a) above shall be submitted by the applicant to the solid waste or
recycling coordinator of the solid waste management district in which the
recycling center is located. The applicant shall also forward one copy of the
information required pursuant to (a) above to the municipal clerk of the
municipality in which the recycling center is located. The applicant may delete
confidential end-market information, required pursuant to (a)7 above, from
these submittals.
(e) Every owner
or operator of a recycling center for the receipt, storage, processing or
transfer of Class B, Class C or Class D recyclable material seeking approval
pursuant to this subchapter shall submit a fee as required by N.J.A.C.
7:26A-2.
(f) All persons who seek a
general approval to operate a recycling center for tires, tree stumps, tree
parts or wood waste pursuant to this subchapter shall also comply with the
requirements at
N.J.A.C.
7:26A-3.8.
(g) All persons who submit an application for
a general approval to operate a recycling center for the receipt, storage,
processing or transfer of any Class B recyclable material pursuant to this
subchapter shall submit information demonstrating compliance with the design
and operational requirements of
N.J.A.C.
7:26A-4.8.
(h) All persons who submit an application for
a general approval to operate a recycling center for the receipt, storage,
processing or transfer of Class C recyclable material pursuant to this
subchapter shall submit information demonstrating compliance with the design
and operational requirements of
N.J.A.C.
7:26A-4.5.
(i) All persons who submit an application for
a general approval to operate a recycling center for the receipt, storage,
processing or transfer of any Class D recyclable materials pursuant to this
subchapter shall submit information demonstrating compliance with the
operational requirements of
N.J.A.C.
7:26A-4.6 and 4.7.
(j) All persons who submit an application for
a general approval to operate a recycling center for the receipt, storage,
processing or transfer of any Class B, C or D recyclable materials pursuant to
this subchapter shall submit information demonstrating compliance with the
design and operational requirements of
N.J.A.C.
7:26A-4.1(a)4 and 10
through 14.
