N.J. Admin. Code § 7:26A-3.7
Current through Register Vol. 56, No. 9, May 6, 2024
Section 7:26A-3.7 - Application procedure for limited Class B recycling center approval to operate a recycling center for the storage, processing, or transfer of Class B recyclable material(a) A person may operate a limited Class B recycling center for the storage, processing or transferring of Class B recyclable materials generated on site for a period of time not to exceed 180 days, provided that prior approval of the Department has been obtained and a fee has been submitted in accordance with N.J.A.C. 7:26A-2 to the Department. A person who has obtained prior approval to operate a limited Class B recycling center pursuant to this subsection may also receive Class B recyclable materials, but only for use at the specific site for which the Department granted approval to operate the limited class B recycling center. The following information shall be submitted to the Department in order to obtain a limited Class B recycling center approval: 1. The information required pursuant to N.J.A.C. 7:26A-3.2(a)1 through 8, 11, 12, 13, 14, and 16(i). The application shall include a site map that identifies the placement of all equipment, buildings, activities and areas related to the storage, processing and transferring of all unprocessed and processed recyclable materials and meets the requirements of N.J.A.C. 7:26A-3.2(a)9 ii, v, vii and viii;2. A written schedule for completion of the recycling operation; and3. The application shall be certified with the certification described at N.J.A.C. 7:26A-3.2(b)1 signed by the appropriate person as described at N.J.A.C. 7:26A-3.2(b)2.(b) The Department shall issue an approval to operate a limited Class B recycling center only under the following circumstances: 1. An approval to operate a limited Class B recycling center has been issued for the specific site no more than once before; and2. Only one approval for one 180-day time period is issued for any site located contiguous to a site for which a limited approval has been issued pursuant to this subsection.(c) Persons applying to the Department for a limited approval to operate a recycling center for Class B recyclable materials shall submit one copy of the application for limited approval to the municipal clerk of the municipality in which the recycling center is located and one copy to the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located.(d) The Department may require the issuance of a performance bond or letter of credit for persons granted a limited approval to operate a recycling center in accordance with the criteria of N.J.A.C. 7:26A-3.4(c).(e) Prior to the issuance of a limited approval to operate a recycling center for Class B recyclable materials, and where the Department determines that additional information is needed to adequately address public or environmental health, safety or welfare, the applicant shall submit the additional information requested by the Department.(f) Within 30 days of receipt of an application for a limited approval submitted pursuant to (a) above, the Department will determine whether the application is administratively complete. An application is administratively complete when it satisfies the information submission requirements of (a) through (e) above and where a fee has been submitted in accordance with N.J.A.C. 7:26A-2. 1. If an application is deemed administratively complete in accordance with paragraph (f) above, the Department will issue a letter to the applicant indicating the administrative completeness of the application.2. If an application fails to meet the criteria for administrative completeness in accordance with paragraph (f) above, the Department will advise the applicant that the application is incomplete and will specify in writing what additional information is required for administrative completeness.(g) Within 30 days of the issuance of the letter of administrative completeness, the Department will issue to the applicant a limited approval to operate a recycling center, valid for a specified period of time, not to exceed 180 days, where the Department determines the following: 1. That the application meets the criteria of N.J.A.C. 7:26A-3;2. That the applicant fails to meet any of the criteria for denial or revocation of a limited approval set forth at N.J.A.C. 7:26A-3.12 and 3.13; and3. The conditions in (b) above have been satisfied.(h) Within 30 days of the issuance of the letter of administrative completeness, the Department will issue a letter of denial of the application where the Department determines the following:1. That the application fails to meet the criteria of N.J.A.C. 7:26A-3;2. That the applicant meets any of the criteria for denial or revocation of a limited approval set forth at N.J.A.C. 7:26A-3.12 and 3.13; or3. The conditions in (b) above have not been satisfied.(i) No recycling center shall commence operation until it has received written approval from the Department.(j) The limited approval will indicate the conditions, if any, which must be met by the recycling center owner or operator for the approval to remain in effect for a time period not to exceed 180 days.(k) Within 45 days after the expiration of the time period covered by the limited approval to operate a recycling center, a final report shall be prepared by the person issued the limited approval and submitted to the Department, the solid waste or recycling coordinator of the solid waste management district in which the recycling center is located, and to the applicable municipal planning board. The final report shall contain the following information: 1. The name, address and telephone number of the person or persons to whom the Department has issued the limited approval to operate a recycling center;2. The location of the approved recycling center, if different than in (k)1 above, including the street address, lot and block, municipality and county;3. A listing of the total amount of each Class B recyclable material stored, processed or transferred during the period of approved operation, expressed in tons, cubic yards, cubic feet or in gallons. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons;4. The amount of residue disposed of, expressed in tons, cubic yards, cubic feet or gallons, including the name and New Jersey Department of Environmental Protection solid waste registration number of the solid waste collector/hauler which provided the haulage/disposal service. Those persons specifying the total amount of residue in cubic yards shall also indicate the conversion ratio of the residue from cubic yards to tons;5. A written certification by the person issued a limited approval that, to the best of her or his knowledge after diligent inquiry, all residue has been disposed of in accordance with the solid waste management rules at N.J.A.C. 7:26-6; and6. The name, address and telephone number of the end-markets for all Class B recyclable materials transported from the recycling center, including the amounts, in tons, cubic yards, cubic feet or gallons, transported to each end-market. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons.(l) All persons operating a recycling center pursuant to a limited approval shall take such measures as are necessary to ensure that no illegal and unauthorized dumping occurs at the recycling center site.(m) One original and two copies of the information required pursuant to (a) and (k) above shall be submitted to: The 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
(n) The Department may extend the duration of the approval where the holder of the limited approval petitions the Department in writing explaining the need for an extension and where the Department determines that an extension is necessary to protect the public or environmental health, safety or welfare. Petitions shall be submitted to the address set out in (m) above. Concurrent with the submission of the petition to the Department, the petitioner shall also notify the applicable municipal planning board and solid waste management district solid waste or recycling coordinator of its request for an extension of the limited approval. In no event will the Department: 1. Extend the duration of the limited approval for more than 50 percent of the time of the original limited approval; or2. Issue more than one limited approval to the same applicant for the same site within one calendar year commencing on the date of issuance of the limited approval.(o) All persons who seek limited approval to operate a recycling center for tires, tree stumps, tree parts or wood waste pursuant to this subchapter must also comply with the requirements at N.J.A.C. 7:26A-3.8.N.J. Admin. Code § 7:26A-3.7
Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
In (a)1, changed N.J.A.C. references; substantially amended (a)3; in (l), changed Department and Division names; and in (m), deleted reference to limited approvals and added text "Concurrent with... Department,".
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
Rewrote (a)1 and added 4.
Amended by R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 N.J.R. 4273(a), 34 N.J.R. 2088(a).
Rewrote the section.
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Section was "Application procedure for limited approval to operate a recycling center for the receipt, storage, processing or transfer of Class B recyclable material". Rewrote the introductory paragraph of (a); in (a)1, substituted "through" for ", 2,3, 4, 5, 6, 7," and deleted "receipt," preceding "storage"; added new (b); recodified former (b) through (n) as (c) through (o); in (c) and in the introductory paragraphs of (k) and (n), substituted "solid waste management district" for "county"; in the introductory paragraph of (f), substituted "(e)" for "(d)"; in (f)1 and (f)2, substituted "(f)" for "(e)"; in (g)1, deleted "and" from the end; in (g)2, substituted "; and" for a period at the end; added (g)3; in (h)1, deleted "or" from the end; in (h)2, substituted "; or" for a period at the end; added (h)3; in (k)2, substituted "(k)1" for "(j)1"; in (m), substituted "(k)" for "(j)" and updated the address; and in the introductory paragraph of (n), substituted "(m)" for "(l)".
Notice of readoption with technical change.
See: 48 N.J.R. 76(a).Amended by 54 N.J.R. 1912(a), effective 10/3/2022