N.J. Admin. Code § 7:26A-4.5

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

Section 7:26A-4.5 - Additional design and operational requirements for recycling centers that receive, store, process or transfer Class C recyclable materials

(a) In addition to the requirements of 7:26A-4.1, the following operational and design criteria apply to recycling centers receiving Class C recyclable material:

1. A recycling center shall not be located on land which has been purchased with money from any Green Acres bond act or which is designated as land for recreation and conservation purposes and listed in the Green Acres recreational land inventory prepared by individual municipalities and counties and approved by the Department pursuant to 13:8A-1, 13:8A-20 and 13:8A-35, and N.J.A.C. 7:36, unless the approval of the Department and of the State House Commission has been received and any and all conditions of said approvals are complied with. Evidence of those approvals shall be submitted to the Department as part of the application for general approval to operate.

2. The recycling center shall have sufficient capacity to handle projected incoming volumes of Class C recyclable material.

3. Operation of the recycling center shall be under the supervision and control of a properly trained individual during all hours of operation, and access to the recycling center shall be prohibited when the recycling center is closed.

4. Class C recyclable materials shall be received only during times when the recycling center operator or owner is present.

5. All Class C recyclable materials delivered to the recycling center for processing shall be removed from bags, boxes or similar containers prior to any processing steps except that Class C recyclable materials in paper or biodegradable plastic bags need not be removed from such bags if the processing equipment provides for a shredding or cutting action. All discarded bags, boxes and similar containers shall be placed in a suitable refuse receptacle in the staging area of the recycling center for removal to an off-site disposal facility in accordance with N.J.A.C. 7:26-6.

6. If the incoming material contains grass or other highly putrescible material that are known to cause odors, the material shall be accepted only in areas of the site that are at least 1,000 feet from any areas of human use or occupancy unless the recycling center operation or receiving and preprocessing area is fully enclosed, or other measures approved by the Department are taken to prevent odors associated with the receipt of such materials from migrating off site. The Department may allow the recycling center to use a certificate of authority to operate an RD&D project obtained pursuant to 7:26-1.7(f) to demonstrate that the measures taken are suitable to prevent off-site impacts.

7. Processing of incoming material shall begin within three calendar days of receipt, except that if the incoming material contains grass or other highly putrescible materials, processing of such material shall begin on the same day of receipt of such material.

8. The recycling center shall submit to the Department within one year of receipt of its general approval to operate, a final closure plan containing a schedule and description of the steps necessary to close the recycling center including the estimated cost of closure and a description of the means by which the closure will be financed.

9. The recycling center shall notify the Department in writing at least 60 days prior to the proposed closure date for the recycling center.

10. The recycling center shall publish a notice of closure in a newspaper of general circulation in the district where the recycling center is located and in districts or communities sending at least 25 percent of their yard trimmings to the recycling center. Such notice shall be published at least 30 days prior to closure.

11. Within 30 days of ceasing operation, all residuals, unprocessed Class C recyclable material and recyclables shall be removed from the site and recycled or disposed as appropriate and the recycling center shall arrange for a final cleaning of any containers, equipment, machines, floors and recycling center surfaces in which Class C recyclable materials or residue was processed or stored.

12. The Department shall determine that a recycling center is considered closed when all the requirements of the closure plan have been met.

13. An update to the final closure plan as needed shall be submitted to the Department in writing at least 180 days prior to the proposed closure date for the recycling center.

14. Recycling centers that provide composting of yard trimmings shall operate in accordance with the following:

i. Within one year of the start up of the recycling center, the recycling center operator shall attend a composting course sponsored by the Rutgers Cooperative Extension, the appropriate county agricultural or resource management agents or any other similar course recognized by the Department;

ii. The active composting surface shall be an improved surface, such as compacted clay, gap-graded crushed aggregate, asphalt or other such surface that can withstand heavy equipment use. The surface shall be sloped to prevent ponding of liquids and to prevent surface runoff from directly entering any surface waters;

iii. Prior to windrow formation, dry yard trimmings shall be moistened to saturation without producing excessive runoff;

iv. To facilitate drainage and to reduce surface water ponding, each windrow shall be constructed and positioned in such a manner that it is perpendicular to the contours of the ground surface;

v. A windsock shall be installed at the recycling center in order to indicate wind direction so that the recycling center operator may determine appropriate times for windrow turning operations;

vi. Windrow composting shall be conducted as follows:

(1) A minimal technology method, in which windrows are constructed and reconstructed after each turning to a maximum height of 12 feet with a corresponding base not to exceed a maximum of 24 feet. A minimum separation of 16 feet measured from the pile base of the windrow to the next adjacent pile base shall be maintained to provide ample working space. Windrows shall be turned and reconstructed, at a minimum, one time per year during the three year composting cycle;

(2) A low level technology method, in which windrows are constructed and reconstructed after each turning to a maximum height of six feet with a corresponding base not to exceed a maximum of 14 feet in width. A minimum separation of 16 feet measured from the pile base of the windrow to the next adjacent pile base shall be provided along at least one side of the longest dimension of each windrow pile to provide ample working space. Windrows shall be turned and reconstructed, at a minimum, three times during the 12 to 18 month compost cycle, once during the first two months of the composting cycle, at four to six months into the composting cycle and final again at the 10th month;

(3) An intermediate technology method, in which windrows are constructed and reconstructed after each turning to a maximum height and base width which corresponds to the specific windrow turning equipment used. The minimum separation distance between windrows shall also correspond to the recommended operation of the specific windrow turning equipment used. After initial windrow formation and aeration, windrows shall be turned and reconstructed, at a minimum, once per week for the first month. During the remainder of the 12-month composting cycle, temperature and oxygen concentration within the windrows shall be monitored, and further turnings shall be scheduled to prevent temperatures from exceeding 140 degrees Fahrenheit and to prevent oxygen levels from dropping below five percent for prolonged periods;

(4) A high level technology method, in which windrows are constructed and reconstructed within an enclosed facility with air flow controlled venting. Forced aeration or mechanical agitation shall be controlled to complete the compost cycle in three to six months; or

(5) Any other method approved in writing by the Department.

vii. Operations shall be performed in areas on the site which meet the following buffer distance requirements:

Buffer with
Level of	leaves only	Use for	Buffer with
technology	(FT)	grass	grass (FT)
(1)	Minimal	2500[1]	No	N/A
(2)	Low	50/500[2]	No	N/A
(3)	Intermediate	50/150/250[3]	Yes	1000[4]; or
(4)	High	50[5]	Yes	50[5]
Notes:
1. From materials staging and processing to area of human
use
2. From materials staging and processing to property line/to
area of human use or occupancy.
3. From materials staging and processing to property line/to
area of human use or occupancy/to inhabited structure.
4. From grass clipping staging and handling areas to area of
human use or occupancy.
5. Building setback for enclosed operations.

viii. Finished compost shall be tested once each year, at a minimum, in accordance with an appropriate monitoring and sampling plan established by the Department as part of the recycling center approval. Samples of the compost produced at the recycling center shall be analyzed for the parameters listed in Appendix A to this subchapter, incorporated herein by reference, according to the indicated method. Results of all laboratory analysis for each parameter specified in Appendix A shall be recorded and maintained at the recycling center;

ix. The laboratory used to perform the analysis of the finished compost product shall be certified in accordance with N.J.A.C. 7:18 for the equipment and testing procedures required in (a)14viii above;

x. The Department shall approve an alternate sampling schedule if the recycling center can demonstrate that less frequent testing will adequately monitor the quality of the finished compost in an equivalent manner. Such demonstration provision may be based on the recycling center's operational history, the quality of the finished compost and the quality of the incoming material;

xi. In addition to the recordkeeping requirements of 7:26A-3.17, the recycling center shall maintain the following records:

(1) The quantity of yard trimmings received daily, expressed as cubic yards of leaves, grass and/or brush;

(2) The source of yard trimmings received daily; and

(3) The results of laboratory analyses of finished compost;

xii. The following information shall be made available for inspection by the Department pursuant to 7:26A-1.7:

(1) The results of compost analyses and name(s) of certified laboratory(ies);

(2) The quantity, type and source of incoming material;

(3) The quantity and types of recovered recyclables;

(4) The quantity of disposed residue, and sites receiving residue; and

(5) The standard procedures employed to ensure data reliability.

15. Recycling centers that process Class C recyclable material other than or in addition to yard trimmings shall operate in accordance with the following minimum requirements in addition to site specific requirements set forth in the general approval:

i. The composting structure shall withstand wear and tear of normal operations. The operating pad shall be impermeable (hydraulic conductivity less than 10[-5] cm/sec) and be sloped to prevent ponding of liquids and to direct leachate to a leachate collection system. Leachate control shall be provided wherever leachate is generated.

ii. The recycling center operations shall be fully enclosed in a structure, or structures, with complete walls and roof and shall include an air management system permitted by the Department pursuant to N.J.A.C. 7:27 that is capable of removing odors and noxious compounds. The building shall have a minimum setback of 50 feet from the property line of the recycling center. The Department may allow the recycling center to use a certificate of authority to operate an RD&D project obtained pursuant to 7:26-1.7(f) to demonstrate that the specific materials received do not require full enclosure that would prevent leachate problems and off-site impacts such as odors from typical food wastes. Based on the results of the RD&D project the Department may issue a general approval to allow other forms of structures or other measures that would be adequate to prevent on and off-site impacts.

iii. An operations and maintenance (O&M) manual specific to the recycling center shall be prepared, updated as needed, and available at the recycling center for inspection by Departmental personnel pursuant to N.J.A.C. 7:26A-1.7. The O&M manual shall include any and all information to enable supervisory and operating personnel to determine the sequence of operations, routine maintenance schedules, plans, policies, procedures, and legal requirements that must be adhered to. The O&M manual shall include a quality assurance/quality control (QA/QC) plan which outlines the monitoring, sampling and analysis plans for testing the compost process and product.

iv. The recycling center equipment shall be operated in conformance with the manufacturer and/or vendor specifications or appropriately documented modifications. Such equipment specifications, including modifications, shall be included in the operations and maintenance manual.

v. Employees shall be properly trained in the recycling center operations, maintenance procedures, and safety and emergency procedures.

vi. A recycling center-specific training manual shall be developed and made available to each employee.

vii. Operation of the recycling center shall be under supervision and control of a properly trained individual during all hours of operation.

viii. Access to the recycling center shall be prohibited when the recycling center is closed.

ix. Incoming, unprocessed material or admixtures shall not be mixed with finished compost or other products of the process except in strict accordance with the conditions specified in the general approval.

x. The composting process shall meet the criteria for a process to further reduce pathogens (PFRP) in accordance with 40 CFR Part 503. One of the three following methods shall be used:

(1) Windrow method, which meets PFRP as follows:

(A) Maintenance of aerobic conditions; and

(B) A minimum of five turnings over 15 consecutive days, maintaining a temperature of not less than 55 degrees Celsius (131 degrees Fahrenheit).

(2) Aerated static pile method, which meets PFRP as follows:

(A) Pile insulated with six to 12 inches of insulating material (for example, sawdust, cured compost, or wood chips); and

(B) Temperature of at least 55 degrees Celsius (131 degrees Fahrenheit) maintained throughout the mixture for three consecutive days; or

(3) Enclosed (within) vessel composting method, which meets PFRP as follows:

(A) Temperature maintained at 55 degrees Celsius (131 degrees Fahrenheit) throughout the mixture for at least three consecutive days.

xi. The recycling center shall monitor the temperature of the material in the composting process to ensure that pathogen reduction criteria are met. Temperature readings shall be recorded daily during PFRP.

xii. The Department shall establish an appropriate monitoring and sampling schedule for a one-year start-up period as part of the recycling center approval.

xiii. Using information gained during the one-year start-up period, a monitoring and sampling schedule for ongoing operations shall be developed, as part of the recycling center approval, in consultation with the Department based on statistical methods for quality assurance.

xiv. Compost samples shall be obtained in accordance with the approved QA/QC plan. Samples of the compost produced at the facility shall be analyzed for the compost quality monitoring parameters listed in Appendix A in accordance with the appropriate methods as approved in the sampling plan. Results of all laboratory analysis for each parameter specified in Appendix A shall be recorded and maintained at the facility. Quality assurance results shall be reported to the Department pursuant to (a)15xvii below.

xv. The laboratory used to perform the analysis of the finished compost product shall be certified in accordance with N.J.A.C. 7:18 for the equipment and testing procedures required pursuant to (a)15xiv above.

xvi. In addition to the recordkeeping requirements of N.J.A.C. 7:26A-3.17, the recycling center shall maintain the following records:

(1) Daily temperature and moisture monitoring of the composting process;

(2) The quantity of material received daily expressed as cubic yards;

(3) The source of material received daily;

(4) The results of laboratory analyses of finished compost;

(5) The retention time of the finished compost; and

(6) The sale and distribution of recovered materials.

xvii. Quarterly reports shall be submitted to the Department within 30 days after the end of each calendar quarter. Such reports shall include the following:

(1) The results of compost analyses and the name(s) of certified laboratory(ies);

(2) The quantity, type and source of incoming materials;

(3) The quantity and types of recovered recyclables;

(4) The quantity of compost produced;

(5) The quantity of compost sold and/or distributed, and the end markets to which the compost is sold or distributed;

(6) The quantity of disposed residue, and sites receiving residue;

(7) Daily temperature readings and retention times during PFRP;

(8) A summary of leachate management (collected and reused or treated and disposed);

(9) A summary of major maintenance on leachate, temperature or other monitoring and control systems in operation; and

(10) The standard procedures employed to ensure data reliability.

(b) Compost produced by recycling centers which process Class C recyclable materials shall be subject to the following:

1. Compost given away or offered for sale by the recycling center must contain a label describing the recommended safe uses and application rates, and restrictions, if any, on use of the product. If compost is offered for bulk sale, signs or printed literature containing the above information shall be available on the bill of lading to the purchaser or persons receiving the compost.

2. Compost given away or offered for sale shall satisfy the following requirements:

i. Compost derived from yard trimmings shall satisfy the requirements established at 40 C.F.R. 503.13(b)3; and

ii. Compost derived from other than or in addition to yard trimmings shall satisfy the requirements established at 40 C.F.R. 503.13(b)3, the Class A pathogen requirements at 40 C.F.R. 503.32(a), and one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)1 through 8.

N.J. Admin. Code § 7:26A-4.5

New Rule, R.1996 d.577, effective December 16. 1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Administrative change.
See: 30 N.J.R. 3948(a).
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
In (a)15viii, substituted "vii" for "viii"; rewrote (c)2.
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 "Additional design and operational requirements for recycling centers which receive, store process or transfer Class C recyclable materials". In the introductory paragraph of (a), deleted "consisting only of yard trimmings" preceding the colon; in (a)2, substituted "Class C recyclable material" for "yard trimmings"; in (a)4, substituted "Class C recyclable materials" for "Yard trimmings"; in (a)5, substituted "Class C recyclable materials" for "yard trimmings" twice; rewrote (a)6 and (a)7; in (a)10, substituted "30" for "15"; rewrote (a)11; added (a)13 through (a)15; deleted former (b); and recodified former (c) as (b).