NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Environmental Regulation
Solid and Hazardous Waste Management Program
Compliance and Enforcement
Division of County Environmental and Waste Enforcement

Notice of Rule Proposal
Proposed Readoption with Amendments: N.J.A.C. 7:26A

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt with Amendments the Recycling rules at N.J.A.C. 7:26A. The Department has reviewed the Recycling Rules to determine whether the rules remain necessary, reasonable and proper for the purpose for which they were originally promulgated. The Department determined that amendments are necessary, reflect current recycling technologies, increase administrative flexibility, and to ensure consistency. The amendments proposed herein are the result of this review. A statement of the substance of the proposal follows:

The Department is proposing to revise references to “mercury containing devises” and “thermostats” to make the Recycling Rules consistent with the Federal Universal Waste Rules, incorporated in the Recycling Rules by reference. The Department is also proposing amendments that would exclude from the Recycling Rules or otherwise exempt from the requirement to obtain a Class C recycling center general approval certain composting activities (including those activities that occur on farms) and the receipt and storage of architectural salvage items at a commercial enterprise. The Department is also proposing several amendments that are designed to clarify that solid waste may not be permanently deposited on or under ground unless that material meets the definition of clean fill and is approved for beneficial reuse under the Solid Waste rules. The Department is also proposing to include a fee schedule for recycling centers that process multiple classes of materials. The Department is also proposing to combine the requirements for recycling of yard trimmings with the requirements for recycling Class C recyclable materials, since yard trimmings are a subset of Class C recyclable material. The Department is also proposing clarifications to the standards for the management of used oil, and is proposing to allow the repackaging of Class D oil-based finishes by large quantity handlers of universal wastes as long as this repackaging is conducted as provided in the rule. The Department is also proposing to exempt certain shipments from the transporter registration requirements; however, the Department proposes to strengthen the requirements governing vehicle maintenance for these transporters.

The Department is also proposing four new subchapters. First, the Department is proposing to recodify those portions of the penalty provisions of the Solid Waste rules that pertain to the Recycling Rules to a new penalties subchapter of the Recycling Rules. This proposed new subchapter identifies violations of the Recycling Rules as either minor or non-minor for the purpose of providing grace periods in accordance with P.L. 1995, c. 296, N.J.S.A. 13:1D-125 et seq., commonly known as the Grace Period Law. The proposed amended rules set forth how the Department will respond to any violation identified as a minor.

Second, the Department is proposing a new subchapter codifying standards for generators of source separated recyclable materials, which would be similar to the requirements for generators of hazardous waste set forth in the Hazardous Waste rules.

Third, the Department proposes codifying in one subchapter all of the requirements placed upon municipal governing bodies and other entities that are involved in municipal recycling for easy reference by town councils, citizens, and recycling coordinators.

Finally, the Department proposes a new subchapter codifying recycling standards that must be followed by the State’s 22 solid waste management districts (21 counties and the Hackensack Meadowlands Commission, which manages the Hackensack Meadowlands District), as are mandated by the Solid Waste Management Act.

The proposal was published in the New Jersey Register dated January 7, 2008. A copy of the proposal is available from: the DEP web site(PDF); official repository libraries; LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

Monday, February 4, 2008
9:00 – 12:00 or until close of comments
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08625

Written comments may be submitted by March 7, 2008 to:

NJ Department of Environmental Protection
Leslie W. Ledogar, Esq.
ATTN: DEP Docket File No. 09-07-04/589
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625