N.J. Admin. Code § 7:26-3A.47

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

Section 7:26-3A.47 - Alternative or innovative technology authorization

(a) Any alternative or innovative technology for the treatment and/or destruction of regulated medical waste, and any modification thereof, shall be authorized by the Department and NJDOH prior to any marketing, sale or use in New Jersey, in accordance with the following:

1. Persons seeking to market, sell, or use an alternative or innovative technology shall submit an application to the Bureau of Recycling and Hazardous Waste Management in the Department at the address given at 7:26-3A.8(f)4 for authorization and pay the alternative technology review fee in accordance with 7:26-3A.8. The application shall be on forms provided by the Department and shall include the following:

i. A description of the proposed method of operation;

ii. Actual performance data;

iii. Vendor and independently verified treatment efficacy data;

iv. Information on parametric monitoring and controls;

v. Limits on waste acceptance;

vi. Information on residuals produced;

vii. Potential environmental impacts, including emissions and noise impacts;

viii. Occupational exposures;

ix. Safety procedures; and

x. Installation and operating costs, including data on energy efficiency.

2. The NJDOH may require additional information concerning the ability of the technology to effectively treat regulated medical waste.

3. The information provided in the application and all other information of any nature provided to or obtained by the Department and NJDOH in their administration of this section, shall be available to the public for review, unless a specific claim of confidentiality is submitted pursuant to in 7:26-17.1.

4. The Department and NJDOH may use the information and recommendations of the State and Territorial Association on Alternative Treatment Technologies, and other sources as needed, in evaluating regulated medical waste alternative or innovative technologies.

5. An alternative or innovative technology authorization to operate shall specify general operating conditions and other applicable requirements, such as, but not limited to, requirements for general operation; maintenance and housekeeping; injury reporting; emergency management and reporting; media; fugitive emissions and equipment performance monitoring and control; equipment operation; design; pollution control; data reporting; a NJDOH protocol to monitor treatment efficacy or other conditions of operation or performance; periodic technology evaluation progress reports as required by the Department and NJDOH and other reports as needed; financial assurance; and operation termination and remedial action; and other applicable requirements as shall be determined by the Department and NJDOH on a case-by-case basis. At a minimum, authorization shall include a NJDOH protocol to monitor treatment efficacy.

6. An alternative or innovative technology authorization shall be issued only for the specific technology applied for. Any modifications to the technology shall be submitted to the Department and NJDOH for review and approval pursuant to (a)1 through 5 above before introduction and use in New Jersey.

(b) Any alternative or innovative technology for the treatment and/or destruction of regulated medical waste authorized pursuant to (a) above:

1. May be marketed or sold for use in New Jersey;

2. Shall be authorized on a case-by-case basis at each facility intending to operate the alternative or innovative technology; and

3. Shall be installed and operated in compliance with all applicable Federal, State and local statutes and regulations.

(c) For the purposes of expediting development, demonstration, evaluation, or implementation of alternative or innovative technologies and for the purpose of obtaining operational data and information on which the application for authorization to operate can be reviewed pursuant to (a) above, the Department may, in consultation with the NJDOH, exempt any regulated medical waste alternative or innovative technology research, development, or demonstration project from applicable waste management regulations in accordance with the procedures at 7:26-1.7(f).

N.J. Admin. Code § 7:26-3A.47

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