N.J. Admin. Code § 7:26-2A.4

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

Section 7:26-2A.4 - General prohibitions and requirements

(a) Open dumps are declared to be a nuisance, hazardous to human health, and are prohibited.

(b) No new sanitary landfill shall be constructed or any existing landfill continue to operate where solid waste is or would be in contact with the surface or ground waters.

(c) Leachate from any sanitary landfill shall not be allowed to drain or discharge into the surface water or groundwater except as permitted pursuant to the NJPDES regulations, N.J.A.C. 7:14A.

(d) No sanitary landfill shall be operated in a manner that would result in the impairment of the quality of the surface or groundwaters to a degree that would degrade the quality of either the surface or ground waters beyond the classification established by the Department in the Surface Water Quality Standards, N.J.A.C. 7:9-4, or the Ground Water Quality Standards, N.J.A.C. 7:9C.

(e) No sanitary landfill shall be operated in a manner that would result in the degradation of the ambient air quality beyond the standards established by the Department pursuant to N.J.A.C. 7:27.

(f) No sanitary landfill shall be operated in a manner that would result in soil erosion and sedimentation beyond the standards established by the Department of Agriculture pursuant to N.J.A.C. 2:90.

(g) No new sanitary landfill shall begin construction without first applying for a NJPDES permit pursuant to N.J.A.C. 7:14A and approval of its Soil Erosion and Sediment Control Plan pursuant to N.J.A.C. 2:90. No new sanitary landfill shall begin operation without first obtaining a NJPDES permit and approval of its Soil Erosion and Sediment Control Plan.

(h) No existing sanitary landfill shall continue to operate without obtaining a NJPDES permit, and approval of its Soil Erosion and Sediment Control plan in accordance with N.J.A.C. 2:90.

(i) No new sanitary landfill shall begin construction or operation if located within the following distances of an airport, as measured from the nearest runway to the nearest property line without the design and implementation of an effective bird deterrent plan approved by this Department and the New Jersey Department of Transportation.

1. Within 10,000 feet of any airport runway which is equal to or greater than 3,000 feet in length and that services turbo-engine planes; or

2. Within 5,000 feet of any airport runway which is less than 3,000 feet in length and that services prop-engine planes.

(j) The owner and/or operator proposing a new landfill or lateral expansion within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft shall notify the affected airport and the appropriate Federal Aviation Administration (FAA) office.

(k) No existing sanitary landfill shall continue to operate, within the restricted zone of an airport as set forth in 7:26-2A.6(g)11, when it is determined by the Department and the Bureau of Aviation of the Department of Transportation to present a real or potential attraction for birds, until an effective deterrent plan is implemented.

(l) No person shall engage in the disposal of solid waste at a facility that does not meet the operational and maintenance requirements of this subchapter and N.J.A.C. 7:26-2. In addition, each permittee shall comply with any condition, limitation, or discharge requirement which may be specified in the SWF permit for that facility;

(m) The owner or operator of an existing sanitary landfill shall be required to design in accordance with 7:26-2A.7(f)3 or 4, and after Departmental approval of the design, construct, operate and maintain, a gas collection, venting and monitoring system when gas is detected at the points set forth at 7:26-2A.7(f)3 or 4;

(n) The owner or operator of an existing sanitary landfill shall install a groundwater monitoring system in accordance with the requirements of N.J.A.C. 7:14A-6.

(o) The owner or operator of an existing sanitary landfill shall be required to design and after Departmental approval of the design, construct, operate and maintain a leachate control collection and treatment system when leachate is determined to be impacting the quality of the surface and groundwaters of the area.

(p) The owner or operator of an existing sanitary landfill shall install a groundwater monitoring system in accordance with the requirements of N.J.A.C. 7:14A.

(q) The following waste types as defined in 7:26-2.13(h) and (i) shall not be disposed of in sanitary landfills:

1. Hazardous waste as defined by N.J.A.C. 7:26G;

2. Septic tank clean-out wastes, waste ID number 73;

3. Liquid sewage sludge, waste ID number 74;

4. Radioactive materials regulated by the Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq.;

5. Regulated medical waste, Class 1 through 7, as defined in 7:26-3A.5, unless as otherwise provided at 7:26-3A.20; and

6. Bulk liquid and semiliquids, waste ID number 72.

N.J. Admin. Code § 7:26-2A.4

Amended by 49 N.J.R. 2935(a), effective 9/5/2017