N.J. Admin. Code § 7:26-15.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26-15.5 - Application and award procedure for Recycling Tonnage Grants

(a) Eligible applicants for Recycling Tonnage Grants shall be limited to municipalities and/or counties in the State of New Jersey, except that a municipality or county may, upon vote of the appropriate governing body, authorize a regional recycling coalition to apply on its own behalf, provided that:

1. All materials recycled within a municipality or county and claimed for the purposes of this Act shall be submitted on one application form.

2. The applicant has conformed to all restrictions, prohibitions and obligations of the Act as set forth therein and in this subchapter, including but not limited to the following:

i. Grant funds shall not be used for the purchase, construction or operation of equipment or machinery that will be used to bale waste paper or to shear, bale or shred ferrous or non-ferrous metals.

ii. No municipality shall enact an ordinance which requires that recyclable materials already collected and recycled under a contract between a commercial source and a recycling business or industry be collected instead by the municipality or its agent, if such contract is in existence on the effective date of such ordinance.

(b) Application for Recycling Tonnage Grants shall be accepted by the Department between January 1 and April 30 of each grant year. Applications shall be made on forms provided by the Department, or electronic means as approved by the Department and shall be submitted to:

New Jersey Department of Environmental Protection

Division of Sustainable Waste Management

Bureau of Solid Waste Planning and Licensing

Mail Code 401-02C

PO Box 420

401 East State Street

Trenton, New Jersey 08625-0420

(c) Applicants shall be entitled to receive Recycling Tonnage Grants based on the tonnage of recyclable material generated by and recovered for recycling from residential and/or commercial sources within the municipality.

1. Recyclable material generated by residential and commercial sources shall include:

i. All types and grades of paper and paperboard products;

ii. All types and grades of glass;

iii. Ferrous and non-ferrous metals;

iv. Textiles;

v. Food;

vi. Yard materials;

vii. Plastics;

viii. Rubber products;

ix. Used oil; and

x. Additional solid or liquid materials which are non-hazardous which are approved by the Department upon application by the applicant.

2. Only recyclable material which is collected in accordance with all applicable regulation and permit procedures, and documented in accordance with (d) below using one or more of the following procedures shall be considered to be generated within the applicant's jurisdiction and eligible for the purposes of this grant:

i. Curbside pick-up: When the recyclable materials are separated by the source and collected at the curbside or on the premises by a public agency or its contractor, a commercial recycling business, or a volunteer agency, the material shall be credited to the municipality in which the collection occurs.

ii. Drop-off centers: When the recyclable materials are separated by the source and delivered to a municipal or volunteer drop-off center, the material shall be credited to the municipality in which the center is located. However, when the center is sponsored by a county or other regional agency and is specifically designated to serve more than one municipality, the operator(s) of the center shall allocate the quantity of material recycled among the participating municipalities based on the best available data.

iii. Transfer stations and resource recovery facilities: In order for materials separated from mixed solid waste at a transfer station or resource recovery facility to qualify, the approved district solid waste district management plan shall specifically designate such facility to be the recipient of an applicant's solid waste, and shall specifically require that the separation and recovery of recyclables shall occur prior to fuel production or disposal. In these instances, the applicants which generate the material shall be proportionally credited for recycling tonnage based on the best available data.

iv. Markets: When recyclable materials are separated and delivered by the source directly to a market, the municipality in which such materials are generated shall receive credit for the tonnage recycled.

3. Recyclable material which is generated and collected as specified in (c)1 and (c)2 above shall not be eligible for the purposes of this grant if it is:

i. Landfilled;

ii. Dumped;

iii. Burned or otherwise used for direct energy recovery;

iv. Converted to a fuel or fuel product, except as specifically permitted by the Department upon application by an applicant; or

v. Subject to a deposit or tax imposed by the county or municipality to ensure its return to a collection center.

(d) The tonnage of recycled materials claimed by the an applicant shall be accurately reported to the Department in accordance with the provisions of 7:26-2.13. Records verifying tonnage claimed shall be maintained by the applicant for a minimum of five years following each grant period. For the purpose of this grant, the following records shall be acceptable subject to review and approval by the Department on a case-by-case basis:

1. Copies of sales or weight slips showing the type and quantity of recyclable materials delivered, the name of the collector, processor or converter to whom the materials were sold or delivered and the date of sale or delivery of the material;

2. A written statement from the commercial generator supported by verifiable information including the type and quantity of material sold to the collector or market for recycling during the grant period, the name and address of the collector or market and the date of the sale of the material;

3. A written statement from a market, transfer station or resource recovery facility declaring the amount of recyclable material originating in and obtained from each municipality and explaining the procedure used to allocate materials among contributing municipalities; or

4. In the case of food and yard materials converted to and used for feed, compost, mulch or fertilizer, a written estimate of the quantity of materials collected and recycled and an explanation of the procedure used by the municipality to estimate the tonnage.

(e) The size of the Recycling Grants to be awarded to each municipality shall be determined in the following manner:

1. Grants awarded shall be based on the number of tons of eligible recyclable material sold or distributed in accordance with (c) and (d) above during the preceding calendar year and shall be calculated in accordance with the following formula, provided that no municipality shall receive more than $ 10.00 per ton:

Award = R x Tm/TS

where Award = Dollar value of award to a given municipality or county for the preceding calendar year

R	=	Total dollar amount allocated to the Recycling Grant Fund as of
January 1, in the year in which the application for a Recycling Grant is submitted.
Ts	=	Total tonnage of eligible recyclable material collected within
the State during the preceding calendar year and claimed by all municipalities and counties.
Tm	=	Total tonnage of eligible recyclable material recycled within a
given municipality or county during the preceding calendar year.

(f) Applications shall be made on forms provided by the Department and shall include the following:

1. The name and address of the applicant;

2. A detailed breakdown of the materials collected, including type and quantity;

3. Certifications regarding:

i. Tonnage recycled;

ii. Origin of materials; and

iii. Non-diversion from a pre-existing commercial recycling program.

4. Other information as required by the Department.

(g) Recycling Tonnage Grants may be credited to the general treasury of the applicant and may be used for recycling activities or other purposes subject to the restrictions in (a)2 above.

N.J. Admin. Code § 7:26-15.5

Amended by 47 N.J.R. 991(a), effective 5/18/2015.

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023