N.J. Admin. Code § 7:26A-4.1

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

Section 7:26A-4.1 - Design and operational standards for recycling centers which receive Class A, Class B, Class C and Class D recyclable materials

(a) All owners or operators of recycling centers which receive, store, process or transfer Class A, Class B, Class C, or Class D recyclable material shall comply with the following design and operational standards:

1. All recyclable materials received, stored, processed or transferred at all recycling centers shall conform to the following criteria:

i. The recyclable materials shall have been separated at the point of generation from other waste materials or separated at a permitted solid waste facility authorized to separate recyclable materials from the incoming waste stream;

ii. The recyclable materials shall consist only of Class A recyclable materials, or of Class B, or Class C or Class D recyclable materials which either the Department has approved pursuant to N.J.A.C. 7:26A-3 for receipt, storage, processing or transfer at the recycling center under a general or limited approval or are being recycled as a part of an activity that is exempt from general or limited approval pursuant to 7:26A-1.4; and

iii. Class A recyclable materials may be commingled only with other Class A recyclable materials. Class B recyclable materials may be commingled only with other Class B recyclable materials and only to the extent authorized in a general or limited approval issued pursuant to 7:26A-3.5 or 3.7. Class C recyclable materials may be commingled only with other Class C recyclable materials and only to the extent authorized in a general approval issued pursuant to N.J.A.C. 7:26A-3.5.

2. Residue shall not be stored on-site for a period in excess of six months;

3. All residue shall be removed from the recycling center site in accordance with each district's waste plan;

4. All residue shall be stored separately from recyclable material and in a manner which prevents run-off, leakage or seepage from the residue storage area into, on or around the soil of the residue storage area;

5. At no time shall any hazardous waste, as defined in N.J.A.C. 7:26, be received, stored, processed or transferred at any recycling center as defined in 7:26A-1.3 except for used oil and universal waste as provided pursuant to 7:26A-4.7, 6 and 7;

6. At no time shall capacitors or electronic components which contain polychlorinated biphenyls (PCBs) and which are attached to, or detached from, appliances or other scrap metal be shredded, sheared or baled;

7. The operation and related activities of a recycling center shall be in conformance with all applicable Federal and State laws and regulations;

8. Recycling centers shall be operated in such a manner that the recycling center property is maintained free of litter and debris and such that tracking of mud into nearby streets is prevented;

9. All recycling centers located within the Pinelands Area shall be operated in a manner consistent with the goals of the comprehensive management plan developed by the Pinelands Commission pursuant to the Pinelands Protection Act, 13:18A-1 et seq., and shall obtain all approvals required by the Pinelands Commission;

10. Traffic associated with the operation of the recycling center shall not result in an unacceptable decrease in the existing level of service described and defined in the New Jersey Department of Transportation Highway Access Management Code at N.J.A.C. 16:47 of any major intersection or public roadway within a one-half mile radius of the recycling center;

11. The operation and related activities of all classes of recycling centers shall be in conformance with municipal ordinances, including, but not limited to ordinances concerning ingress and egress, traffic patterns, parking, signage, operational hours, noise, dust, and structure height;

12. Recycling center operations shall be separated from any and all areas of human use or occupancy through the establishment and maintenance of an effective visual screen buffer;

13. The entrance to the access road shall be fenced or otherwise secured to prevent unauthorized access to the site;

14. To provide sufficient support for vehicles, to prevent the tracking of soil onto public roads and to minimize the generation of dust, those areas of the recycling center subject to vehicular usage shall be suitably compacted and where necessary paved; and

15. An adequate water supply and fire-fighting equipment shall be readily available to extinguish any fires. The telephone number of the local fire department shall be posted at the entrance to the recycling center.

(b) The construction of all recycling centers shall be in conformance with the New Jersey Uniform Construction Code, 52:27D-119 et seq., and the rules promulgated pursuant thereto.

N.J. Admin. Code § 7:26A-4.1

Amended by R.1996 d.500, effective 10/21/1996.
See: 28 N.J.R. 1693(a), 28 N.J.R. 4606(a).
Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Inserted references to Classes C and D throughout; in (a) 5, added exception.
Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 N.J.R. 4170(a), 29 N.J.R. 5084(a).
Readopted provisions of Emergency Amendment R.1997 d.404 without change.
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).
In (a), inserted "design and" preceding "operational" in the introductory paragraph, rewrote 7 and added 10 through 14.
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In the introductory paragraph of (a), substituted "Class B" for "Class b"; rewrote (a)1ii; in (a)1iii, substituted "may be" for "maybe" following the first occurrence of "materials" and substituted "a" for "the" preceding "general" twice; in (a)9, deleted "Protection" preceding "Area"; added new (a)11; recodified former (a)11 through (a)14 as (a)12 through (a)15; and rewrote (a)12.