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-4.5 - Additional design and operational requirements for recycling centers that receive, store, process or transfer Class C recyclable materials
Universal Citation: NJ Admin Code 7:26A-4.5
Current through Register Vol. 56, No. 24, December 18, 2024
(a) In addition to the requirements of N.J.A.C. 7:26A-4.1, the following operational and design criteria apply to recycling centers receiving Class C recyclable material:
1. A recycling center
shall not be located on land which has been purchased with money from any Green
Acres bond act or which is designated as land for recreation and conservation
purposes and listed in the Green Acres recreational land inventory prepared by
individual municipalities and counties and approved by the Department pursuant
to N.J.S.A. 13:8A-1,
13:8A-20 and
13:8A-35, and N.J.A.C. 7:36,
unless the approval of the Department and of the State House Commission has
been received and any and all conditions of said approvals are complied with.
Evidence of those approvals shall be submitted to the Department as part of the
application for general approval to operate.
2. The recycling center shall have sufficient
capacity to handle projected incoming volumes of Class C recyclable
material.
3. Operation of the
recycling center shall be under the supervision and control of a properly
trained individual during all hours of operation, and access to the recycling
center shall be prohibited when the recycling center is closed.
4. Class C recyclable materials shall be
received only during times when the recycling center operator or owner is
present.
5. All Class C recyclable
materials delivered to the recycling center for processing shall be removed
from bags, boxes or similar containers prior to any processing steps except
that Class C recyclable materials in paper or biodegradable plastic bags need
not be removed from such bags if the processing equipment provides for a
shredding or cutting action. All discarded bags, boxes and similar containers
shall be placed in a suitable refuse receptacle in the staging area of the
recycling center for removal to an off-site disposal facility in accordance
with N.J.A.C. 7:26-6.
6. If the
incoming material contains grass or other highly putrescible material that are
known to cause odors, the material shall be accepted only in areas of the site
that are at least 1,000 feet from any areas of human use or occupancy unless
the recycling center operation or receiving and preprocessing area is fully
enclosed, or other measures approved by the Department are taken to prevent
odors associated with the receipt of such materials from migrating off site.
The Department may allow the recycling center to use a certificate of authority
to operate an RD&D project obtained pursuant to
N.J.A.C. 7:26-1.7(f) to
demonstrate that the measures taken are suitable to prevent off-site
impacts.
7. Processing of incoming
material shall begin within three calendar days of receipt, except that if the
incoming material contains grass or other highly putrescible materials,
processing of such material shall begin on the same day of receipt of such
material.
8. The recycling center
shall submit to the Department within one year of receipt of its general
approval to operate, a final closure plan containing a schedule and description
of the steps necessary to close the recycling center including the estimated
cost of closure and a description of the means by which the closure will be
financed.
9. The recycling center
shall notify the Department in writing at least 60 days prior to the proposed
closure date for the recycling center.
10. The recycling center shall publish a
notice of closure in a newspaper of general circulation in the district where
the recycling center is located and in districts or communities sending at
least 25 percent of their yard trimmings to the recycling center. Such notice
shall be published at least 30 days prior to closure.
11. Within 30 days of ceasing operation, all
residuals, unprocessed Class C recyclable material and recyclables shall be
removed from the site and recycled or disposed as appropriate and the recycling
center shall arrange for a final cleaning of any containers, equipment,
machines, floors and recycling center surfaces in which Class C recyclable
materials or residue was processed or stored.
12. The Department shall determine that a
recycling center is considered closed when all the requirements of the closure
plan have been met.
13. An update
to the final closure plan as needed shall be submitted to the Department in
writing at least 180 days prior to the proposed closure date for the recycling
center.
14. Recycling centers that
provide composting of yard trimmings shall operate in accordance with the
following:
i. Within one year of the start up
of the recycling center, the recycling center operator shall attend a
composting course sponsored by the Rutgers Cooperative Extension, the
appropriate county agricultural or resource management agents or any other
similar course recognized by the Department;
ii. The active composting surface shall be an
improved surface, such as compacted clay, gap-graded crushed aggregate, asphalt
or other such surface that can withstand heavy equipment use. The surface shall
be sloped to prevent ponding of liquids and to prevent surface runoff from
directly entering any surface waters;
iii. Prior to windrow formation, dry yard
trimmings shall be moistened to saturation without producing excessive
runoff;
iv. To facilitate drainage
and to reduce surface water ponding, each windrow shall be constructed and
positioned in such a manner that it is perpendicular to the contours of the
ground surface;
v. A windsock shall
be installed at the recycling center in order to indicate wind direction so
that the recycling center operator may determine appropriate times for windrow
turning operations;
vi. Windrow
composting shall be conducted as follows:
(1)
A minimal technology method, in which windrows are constructed and
reconstructed after each turning to a maximum height of 12 feet with a
corresponding base not to exceed a maximum of 24 feet. A minimum separation of
16 feet measured from the pile base of the windrow to the next adjacent pile
base shall be maintained to provide ample working space. Windrows shall be
turned and reconstructed, at a minimum, one time per year during the three year
composting cycle;
(2) A low level
technology method, in which windrows are constructed and reconstructed after
each turning to a maximum height of six feet with a corresponding base not to
exceed a maximum of 14 feet in width. A minimum separation of 16 feet measured
from the pile base of the windrow to the next adjacent pile base shall be
provided along at least one side of the longest dimension of each windrow pile
to provide ample working space. Windrows shall be turned and reconstructed, at
a minimum, three times during the 12 to 18 month compost cycle, once during the
first two months of the composting cycle, at four to six months into the
composting cycle and final again at the 10th month;
(3) An intermediate technology method, in
which windrows are constructed and reconstructed after each turning to a
maximum height and base width which corresponds to the specific windrow turning
equipment used. The minimum separation distance between windrows shall also
correspond to the recommended operation of the specific windrow turning
equipment used. After initial windrow formation and aeration, windrows shall be
turned and reconstructed, at a minimum, once per week for the first month.
During the remainder of the 12-month composting cycle, temperature and oxygen
concentration within the windrows shall be monitored, and further turnings
shall be scheduled to prevent temperatures from exceeding 140 degrees
Fahrenheit and to prevent oxygen levels from dropping below five percent for
prolonged periods;
(4) A high level
technology method, in which windrows are constructed and reconstructed within
an enclosed facility with air flow controlled venting. Forced aeration or
mechanical agitation shall be controlled to complete the compost cycle in three
to six months; or
(5) Any other
method approved in writing by the Department.
vii. Operations shall be performed in areas
on the site which meet the following buffer distance requirements:
Buffer with | |||||
Level of | leaves only | Use for | Buffer with | ||
technology | (FT) | grass | grass (FT) | ||
(1) | Minimal | 2500[1] | No | N/A | |
(2) | Low | 50/500[2] | No | N/A | |
(3) | Intermediate | 50/150/250[3] | Yes | 1000[4]; or | |
(4) | High | 50[5] | Yes | 50[5] | |
Notes: | |||||
1. From materials staging and processing to area of human | |||||
use | |||||
2. From materials staging and processing to property line/to | |||||
area of human use or occupancy. | |||||
3. From materials staging and processing to property line/to | |||||
area of human use or occupancy/to inhabited structure. | |||||
4. From grass clipping staging and handling areas to area of | |||||
human use or occupancy. | |||||
5. Building setback for enclosed operations. |
viii. Finished
compost shall be tested once each year, at a minimum, in accordance with an
appropriate monitoring and sampling plan established by the Department as part
of the recycling center approval. Samples of the compost produced at the
recycling center shall be analyzed for the parameters listed in Appendix A to
this subchapter, incorporated herein by reference, according to the indicated
method. Results of all laboratory analysis for each parameter specified in
Appendix A shall be recorded and maintained at the recycling center;
ix. The laboratory used to perform the
analysis of the finished compost product shall be certified in accordance with
N.J.A.C. 7:18 for the equipment and testing procedures required in (a)14viii
above;
x. The Department shall
approve an alternate sampling schedule if the recycling center can demonstrate
that less frequent testing will adequately monitor the quality of the finished
compost in an equivalent manner. Such demonstration provision may be based on
the recycling center's operational history, the quality of the finished compost
and the quality of the incoming material;
xi. In addition to the recordkeeping
requirements of
N.J.A.C. 7:26A-3.17, the recycling center
shall maintain the following records:
(1) The
quantity of yard trimmings received daily, expressed as cubic yards of leaves,
grass and/or brush;
(2) The source
of yard trimmings received daily; and
(3) The results of laboratory analyses of
finished compost;
xii.
The following information shall be made available for inspection by the
Department pursuant to
N.J.A.C. 7:26A-1.7:
(1) The results of compost analyses and
name(s) of certified laboratory(ies);
(2) The quantity, type and source of incoming
material;
(3) The quantity and
types of recovered recyclables;
(4)
The quantity of disposed residue, and sites receiving residue; and
(5) The standard procedures employed to
ensure data reliability.
15. Recycling centers that process Class C
recyclable material other than or in addition to yard trimmings shall operate
in accordance with the following minimum requirements in addition to site
specific requirements set forth in the general approval:
i. The composting structure shall withstand
wear and tear of normal operations. The operating pad shall be impermeable
(hydraulic conductivity less than 10[-5] cm/sec) and be sloped to
prevent ponding of liquids and to direct leachate to a leachate collection
system. Leachate control shall be provided wherever leachate is
generated.
ii. The recycling center
operations shall be fully enclosed in a structure, or structures, with complete
walls and roof and shall include an air management system permitted by the
Department pursuant to N.J.A.C. 7:27 that is capable of removing odors and
noxious compounds. The building shall have a minimum setback of 50 feet from
the property line of the recycling center. The Department may allow the
recycling center to use a certificate of authority to operate an RD&D
project obtained pursuant to
N.J.A.C. 7:26-1.7(f) to
demonstrate that the specific materials received do not require full enclosure
that would prevent leachate problems and off-site impacts such as odors from
typical food wastes. Based on the results of the RD&D project the
Department may issue a general approval to allow other forms of structures or
other measures that would be adequate to prevent on and off-site
impacts.
iii. An operations and
maintenance (O&M) manual specific to the recycling center shall be
prepared, updated as needed, and available at the recycling center for
inspection by Departmental personnel pursuant to N.J.A.C. 7:26A-1.7. The
O&M manual shall include any and all information to enable supervisory and
operating personnel to determine the sequence of operations, routine
maintenance schedules, plans, policies, procedures, and legal requirements that
must be adhered to. The O&M manual shall include a quality
assurance/quality control (QA/QC) plan which outlines the monitoring, sampling
and analysis plans for testing the compost process and product.
iv. The recycling center equipment shall be
operated in conformance with the manufacturer and/or vendor specifications or
appropriately documented modifications. Such equipment specifications,
including modifications, shall be included in the operations and maintenance
manual.
v. Employees shall be
properly trained in the recycling center operations, maintenance procedures,
and safety and emergency procedures.
vi. A recycling center-specific training
manual shall be developed and made available to each employee.
vii. Operation of the recycling center shall
be under supervision and control of a properly trained individual during all
hours of operation.
viii. Access to
the recycling center shall be prohibited when the recycling center is
closed.
ix. Incoming, unprocessed
material or admixtures shall not be mixed with finished compost or other
products of the process except in strict accordance with the conditions
specified in the general approval.
x. The composting process shall meet the
criteria for a process to further reduce pathogens (PFRP) in accordance with 40
CFR Part 503. One of the three following methods shall be used:
(1) Windrow method, which meets PFRP as
follows:
(A) Maintenance of aerobic
conditions; and
(B) A minimum of
five turnings over 15 consecutive days, maintaining a temperature of not less
than 55 degrees Celsius (131 degrees Fahrenheit).
(2) Aerated static pile method, which meets
PFRP as follows:
(A) Pile insulated with six
to 12 inches of insulating material (for example, sawdust, cured compost, or
wood chips); and
(B) Temperature of
at least 55 degrees Celsius (131 degrees Fahrenheit) maintained throughout the
mixture for three consecutive days; or
(3) Enclosed (within) vessel composting
method, which meets PFRP as follows:
(A)
Temperature maintained at 55 degrees Celsius (131 degrees Fahrenheit)
throughout the mixture for at least three consecutive days.
xi. The recycling
center shall monitor the temperature of the material in the composting process
to ensure that pathogen reduction criteria are met. Temperature readings shall
be recorded daily during PFRP.
xii.
The Department shall establish an appropriate monitoring and sampling schedule
for a one-year start-up period as part of the recycling center
approval.
xiii. Using information
gained during the one-year start-up period, a monitoring and sampling schedule
for ongoing operations shall be developed, as part of the recycling center
approval, in consultation with the Department based on statistical methods for
quality assurance.
xiv. Compost
samples shall be obtained in accordance with the approved QA/QC plan. Samples
of the compost produced at the facility shall be analyzed for the compost
quality monitoring parameters listed in Appendix A in accordance with the
appropriate methods as approved in the sampling plan. Results of all laboratory
analysis for each parameter specified in Appendix A shall be recorded and
maintained at the facility. Quality assurance results shall be reported to the
Department pursuant to (a)15xvii below.
xv. The laboratory used to perform the
analysis of the finished compost product shall be certified in accordance with
N.J.A.C. 7:18 for the equipment and testing procedures required pursuant to
(a)15xiv above.
xvi. In addition to
the recordkeeping requirements of N.J.A.C. 7:26A-3.17, the recycling center
shall maintain the following records:
(1)
Daily temperature and moisture monitoring of the composting process;
(2) The quantity of material received daily
expressed as cubic yards;
(3) The
source of material received daily;
(4) The results of laboratory analyses of
finished compost;
(5) The retention
time of the finished compost; and
(6) The sale and distribution of recovered
materials.
xvii.
Quarterly reports shall be submitted to the Department within 30 days after the
end of each calendar quarter. Such reports shall include the following:
(1) The results of compost analyses and the
name(s) of certified laboratory(ies);
(2) The quantity, type and source of incoming
materials;
(3) The quantity and
types of recovered recyclables;
(4)
The quantity of compost produced;
(5) The quantity of compost sold and/or
distributed, and the end markets to which the compost is sold or
distributed;
(6) The quantity of
disposed residue, and sites receiving residue;
(7) Daily temperature readings and retention
times during PFRP;
(8) A summary of
leachate management (collected and reused or treated and disposed);
(9) A summary of major maintenance on
leachate, temperature or other monitoring and control systems in operation;
and
(10) The standard procedures
employed to ensure data reliability.
(b) Compost produced by recycling centers which process Class C recyclable materials shall be subject to the following:
1. Compost given away or offered for sale by
the recycling center must contain a label describing the recommended safe uses
and application rates, and restrictions, if any, on use of the product. If
compost is offered for bulk sale, signs or printed literature containing the
above information shall be available on the bill of lading to the purchaser or
persons receiving the compost.
2.
Compost given away or offered for sale shall satisfy the following
requirements:
i. Compost derived from yard
trimmings shall satisfy the requirements established at
40 C.F.R.
503.13(b)3; and
ii. Compost derived from other than or in
addition to yard trimmings shall satisfy the requirements established at
40 C.F.R.
503.13(b)3, the Class A
pathogen requirements at
40
C.F.R. 503.32(a), and one of
the vector attraction reduction requirements in
40 C.F.R.
503.33(b)1 through
8.
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