N.J. Admin. Code § 7:26-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26-1.6 - Definition of solid waste

(a) A solid waste is any garbage, refuse, sludge, processed or unprocessed mixed construction and demolition debris, including, but not limited to, wallboard, plastic, wood, or metal, or any other waste material, except it shall not include the following:

1. Source separated food waste collected by livestock producers, approved by the State Department of Agriculture, who collect, prepare and feed such wastes to livestock on their own farms;

2. Recyclable materials that are exempted from regulation pursuant to N.J.A.C. 7:26A;

3. Materials approved for beneficial use or categorically approved for beneficial use pursuant to 7:26-1.7(g);

4. Spent sulfuric acid that is used to produce virgin sulfuric acid, provided at least 75 percent of the amount accumulated in recycled in one year;

5. Dredged material, from New Jersey's coastal or tidal waters, which is regulated under the provisions of the following statutes: New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.), Waterfront Development Law (N.J.S.A. 12:5-3 et seq.), Riparian Interests (N.J.S.A. 12:3-1 et seq. and 18:56-1 et seq.), Federal Water Pollution Control Act of 1972 as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251) , and Federal Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.), and/or other relevant statutes and implementing regulations; or

6. Non-water-soluble, non-decomposable, inert solid, such as rock, soil, gravel, concrete, glass, and/or clay or ceramic products that do not contain concentrations of one or more contaminants that exceed the residential soil remediation standards for the soil ingestion-dermal and soil inhalation exposure pathways or non-residential soil remediation standards for the soil ingestion-dermal and soil inhalation exposure pathways, whichever is more stringent, as set forth at N.J.A.C. 7:26D, Remediation Standards.

(b) Any "other waste material" is any solid, liquid, semi-solid or contained gaseous material, including, but not limited to spent material, sludge, by-product, discarded commercial chemical products, or scrap metal resulting from industrial, commercial, mining or agricultural operations, from community activities, or any other material which has served or can no longer serve its original intended use, which:

1. Is discarded or intended to be discarded; or

2. Is accumulated, stored or physically, chemically or biologically treated prior to, or in lieu of, being discarded;

3. Is burned for energy recovery;

4. Is applied to the land or placed on the land or contained in a product that is applied to or placed on the land in a manner constituting disposal; or

5. Is recycled.

(c) A material is also a solid waste if it is "disposed of" by being discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into ground or surface waters.

(d) The definition of solid waste contained in this section applies only to wastes that are not also hazardous for purposes of the Department's hazardous waste regulations set forth at N.J.A.C. 7:26G.

N.J. Admin. Code § 7:26-1.6

Amended by 49 N.J.R. 2935(a), effective 9/5/2017

Administrative Change, 53 N.J.R. 1378(a), effective 7/22/2021.