N.J. Admin. Code § 7:26A-7.4

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

Section 7:26A-7.4 - Management standards for small quantity handlers

(a) A small quantity handler of the State-listed universal wastes in 7:26A-7.2 shall comply with all requirements of 40 C.F.R. Part 273 Subpart b pertaining generally to all universal wastes.

(b) A small quantity handler of universal waste shall manage consumer electronics in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

1. A small quantity handler of universal waste shall contain any consumer electronic that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the consumer electronic, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;

2. A small quantity handler of universal waste may disassemble ("demanufacture") consumer electronics into its marketable components; this shall exclude any processing or treatment (examples: including, but not limited to, crushing, shredding or thermally altering) of these components; and

3. A small quantity handler of universal waste who generates solid waste as a result of the activities listed at 7:26A-7.4(b), shall determine whether the solid waste exhibits a characteristic of hazardous waste identified in 40 C.F.R. Part 261, subpart C as incorporated by reference at N.J.A.C. 7:26G-5.

(c) A small quantity handler of universal waste shall manage oil-based finishes, in its original or otherwise appropriate and labeled packaging, in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

1. A small quantity handler of universal waste shall contain any oil-based finishes that show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the oil-based finishes, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

2. A small quantity handler of universal waste shall not in any way process any oil-based finishes (examples: including, but not limited to, opening, repackaging, blending, filtering). A small quantity handler who wants to process oil-based finishes shall apply for a Class D recycling center approval in accordance with N.J.A.C. 7:26A-3.

3. A small quantity handler of universal waste shall manage containers or packages containing oil-based finishes in an area equipped with a secondary containment system meeting the following requirements:

i. The secondary containment system shall consist of, at a minimum:

(1) Dikes, berms, or retaining walls, and a floor which shall cover the entire area within the dike, berm, or retaining walls; or

(2) A secondary containment system equivalent to (c)3i(1) above; and

ii. The entire secondary containment system, including walls and floor, shall be sufficiently impervious to prevent any universal wastes released into the containment system from migrating out of the system to the soil, groundwater or surface water.

N.J. Admin. Code § 7:26A-7.4

Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Deleted former (c); recodified former (d) as (c); in (c)1, inserted "any" following "contain" and substituted "show" for "shows"; in (c)2, inserted "repackaging," and inserted the last sentence; and added (c)3.