N.J. Admin. Code § 7:26-2B.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-2B.8 - Additional operational requirements for thermal destruction facilities

(a) The requirements of this section are in addition to the general requirements of N.J.A.C. 7:26-2.11;

(b) Subsequent to completion of the facility construction phase and prior to the initiation of facility operations, the New Jersey licensed professional engineer retained by the applicant to supervise the construction of the facility shall certify in writing to the Department that he or she has personally examined the facility during each major stage of construction and that the facility has been constructed in accordance with the documents, statements, designs and plans submitted to and as approved by the Department.

(c) The owner and/or operator of the facility shall provide written notification to the Department of the intent to initiate the start up of operations at the facility at least 30 days in advance of the planned date. During this initial period of facility start up the Department reserves the right to have a representative present at the facility to observe any equipment testing that is being conducted as well as the right to collect samples to verify results.

(d) Immediately following the initiation of operations, facility personnel shall begin routine inspections for equipment malfunction or deterioration and operating effectiveness, in accordance with the following:

1. The owner or operator shall conduct inspections as indicated in the approved final O and M manual in order to identify and remedy any problems; and

2. The owner and/or operator shall record the results of the inspections in a log book or by means of an electronic storage system approved by the Department which shall be accessible at the facility at all times for inspection by the Department. These records shall include the date and time of the inspection, the name of the inspector, a notation of observations and recommendations and the date and nature of any repairs or other remedial actions taken.

(e) A Department inspector may, at the option of the Department, be stationed at district facilities on a daily basis and during all facility operating hours. The owner and/or operator of such a facility shall allow entry to the inspector at any time during operating hours. The owner and/or operator shall make available office space for Department personnel to prepare inspection reports.

(f) The owner or operator shall implement waste receiving area control procedures that provide for the inspection of the incoming waste stream for the purpose of removing unprocessible or potentially explosive materials prior to the initiation of processing. In addition, the inspection shall effectively prevent the acceptance of unauthorized waste types. These procedures and necessary contingency plans shall be incorporated into the approved final O and M manual.

(g) Should situations arise where the facility experiences equipment or system malfunction to the extent that the waste received cannot be handled or processed in the normal manner, as specified in the facility's SWF permit, then the operator shall notify the Department of the existence of such a situation and the circumstances contributing to the situation within the working day of its occurrence. The operator shall immediately pursue corrective measures. The continued receipt of wastes at the facility shall be limited to that quantity and type that can be handled, stored and processed in conformance with that facility's remaining approved operational capacity.

(h) Arrangements for facility generated waste disposal shall be established and maintained throughout the life of the facility. These waste disposal arrangements shall be in conformance with the Solid Waste Management Plan of the District in which the facility is located and with the rules of the Department.

(i) Unprocessed incoming waste, facility process waste residues and effluents, and recovered materials shall be stored in bunkers, pits, bins, or similar containment vessels and shall be kept at all times at levels that prevent spillage or overflow.

(j) During periods when the facility is not processing wastes and during hours when waste is not being received, waste delivery tipping hall doors shall be kept closed to minimize potential migration of odors and dust to the exterior in accordance with N.J.A.C. 7:27.

(k) The delivery of waste to the facility and the removal of residues and recovered products from the site shall be scheduled so as to eliminate traffic backups and allow for fluid vehicular movement on site. Delivery routes shall be clearly delineated and adhered to. Arteries that pass through non-residential areas shall be utilized wherever possible.

(l) Samples and measurements taken for the purpose of monitoring facility process and treatment operations shall be representative of the process or operation and shall be performed in accordance with the conditions of the facility's SWF permit, as well as the requirements of other regulatory agencies where applicable. Monitoring shall be conducted through the use of continuous monitoring instrumentation, where feasible.

(m) Prior to disposal, the owner and/or operator shall perform a waste determination on all residual ash, in accordance with N.J.A.C. 7:26G-6. Such determination shall be based on analyses of representative composite samples collected in the manner specified in the facility's SWF permit. At a minimum the sampling shall include analyses for toxicity characteristics and total dioxins and furans per EPA test method 1613b (EPA report 821/B-94-005), incorporated herein by reference, or equivalent as approved by the Department, and shall be performed at the frequency specified in the facility's SWF permit.

(n) The Department may alter the list of ash test parameters, the methods of sample collection, the analytical procedures employed and the frequency of sampling and analysis deemed necessary. The permittee may request the Department to reduce the number of ash test parameters specified within the solid waste facility permit by applying qualitative knowledge of incoming waste streams. If the owner and/or operator demonstrates through testing that the concentration of any given parameter is consistently below method detection levels as determined using the Toxicity Characteristic Leaching Procedure (TCLP), as defined in USEPA's Test Methods for Evaluating Solid WasteCPhysical/ Chemical Methods SW 846 (SW 846), or the concentration of any given parameter as determined using a total metals analysis, as defined in SW 846, is consistently below 20 times the regulatory threshold levels of the TCLP, the permittee may request the Department to eliminate those parameters from subsequent analysis.

(o) The analyses required by (m) and (n) above shall be performed in accordance with procedures outlined in the most recent edition of "Test Methods for Evaluating Solid Waste--Physical/Chemical Methods," U.S.E.P.A. publication SW-846.

(p) The results of ash analysis, including the statistical evaluation of the analytical data conducted in accordance with SW 846, and related quality assessment and quality control information pertaining to sample collection, handling and laboratory analytical methodology, shall be submitted to the Department for evaluation. The owner and/or operator shall dispose of the onsite generated residual ash at a facility authorized and permitted to receive the waste type I.D. number assigned to the residual ash by the Department in accordance with its classification.

(q) The operator shall retain original records of all waste analyses and operations' monitoring reports at the facility for a period of three years from the date of measurement.

(r) Records of operations' monitoring and waste analyses required by (q) above shall include:

1. The date, time and place of sampling, measurement or analysis;

2. Chain of custody for all samples collected;

3. The name of the individual who performed the sampling, measurement or analysis;

4. The sampling and analytical methods including the minimum detection levels for the analytical procedure utilized;

5. The results of such sampling, measurement or analyses; and

6. The signature and certification of the report by an appropriate authorized agent for the facility.

(s) The owner and/or operator shall act to prevent accidental or unintentional entry and minimize the possibility for unauthorized entry into the facility. The facility shall have a 24-hour surveillance system which continuously monitors and controls entry to the facility or an artificial or natural barrier which completely surrounds the facility. In addition, the facility shall have a means to control entry at all times through the gates or other entrances to the facility.

(t) The owner and/or operator shall comply with the following requirements pertaining to facility staffing:

1. Facilities shall maintain sufficient personnel during each scheduled shift to assure the proper and orderly operation of all system components, along with the ability to handle all routine facility maintenance requirements. Such personnel shall have sufficient educational background, employment experience and/or training to enable them to perform their duties in such a manner as to ensure the facility's compliance with the requirements of the Act, this chapter, and the conditions of its SWF permit;

2. Each shift shall have a designated shift supervisor authorized by the owner or operator to direct and implement all operational decisions during that shift;

3. A facility utilizing a boiler to generate steam, power or heat shall employ individuals licensed in accordance with the Rules and Regulations of the New Jersey Department of Labor, "Boilers, Pressure Vessels and Refrigeration," N.J.A.C. 12:90; and

4. Every district facility shall have under contract a New Jersey licensed professional engineer as a consultant to oversee the general plant operations. This engineer shall possess experience in the design and operation of the major system components or equipment that constitute the facility.

(u) The owner and/or operator shall comply with the following requirements pertaining to facility personnel training:

1. All personnel who are directly involved in facility waste management activities or who operate, service, or monitor any facility equipment, machinery or systems shall successfully complete an initial program of classroom instruction and on-the-job training that includes instruction in the operation and maintenance of the equipment, machinery and systems which they must operate, service or monitor in the course of their daily job duties, and which teaches them to perform their duties in a manner that ensures the facility's compliance with the requirements of the Act, this chapter and the conditions of its SWF permit;

2. The training program shall be directed by a person thoroughly familiar with the technology being utilized at the facility and the conditions of the facility's permits;

3. The training program shall ensure that facility personnel are able to effectively respond to any equipment malfunction or emergency situation that may arise. The training program shall provide instruction in the use of personal safety equipment, procedures for inspecting and repairing facility equipment, the use of communications or alarm systems, the procedures to be followed in response to fires, explosions or other emergencies, and the procedures to be followed during planned or unplanned shutdown of operations;

4. Employees hired shall not work in unsupervised positions until they have completed the training program required herein;

5. Facility personnel shall take part in a planned annual review of the initial training program; and

6. Training records that document the type and amount of training received by current facility personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least one year from the date the employee last worked at the facility.

(v) The following actions shall be implemented in the case of an emergency:

1. The plant operator or emergency coordinator shall immediately identify the character, exact source, amount and extent of any discharged materials and notify appropriate State or local agencies with designated response roles if their help is needed;

2. Concurrently, the plant operator or emergency coordinator shall assess possible hazards to public health or the environment that may result from the discharge, fire or explosion. This assessment shall consider both direct and indirect effects;

3. If the plant operator or emergency coordinator determines that the facility has had an uncontrolled discharge, a discharge above standard levels permitted by the Department, or a fire or explosion, he or she shall:

i. Immediately notify appropriate local authorities if an assessment indicates that evacuation of local areas may be advisable;

ii. Immediately notify the Department at 1-877-WARNDEP; and

iii. When notifying the Department, report the type of substance and the estimated quantity discharged, if known, the location of the discharge, the action the person reporting the discharge is currently taking or proposing to take in order to mitigate the discharge and any other information concerning the incident which the Department may request at the time of notification.

4. The plant operator shall take all reasonable measures to ensure that fires, explosions and discharges do not recur or spread to other areas of the facility. These measures shall include, where applicable, the cessation of process operations and the collection and containment of released waste;

5. Immediately after an emergency, the plant operator or emergency coordinator shall provide for treating, storing or disposing of waste, contaminated soil or water or any other material contaminated as a result of the discharge, fire or explosion;

6. The plant operator or emergency coordinator shall insure that no waste is processed until cleanup procedures are completed and all emergency equipment listed in the contingency plan is again fit for its intended use;

7. The plant operator or emergency coordinator shall notify the Department and appropriate local authorities when operations in the affected areas of the facility have returned to normal; and

8. Within 15 days after the incident, the plant operator or emergency coordinator shall submit a written report on the incident to the Department. The report shall include, but not be limited to:

i. The name, address and telephone number of the facility;

ii. The date, time and description of the incident;

iii. The extent of injuries, if applicable, with names and responsibilities indicated;

iv. An assessment of actual damage to the environment, if applicable;

v. An assessment of the scope and magnitude of the incident;

vi. A description of the immediate actions that have been initiated to clean up the affected area and prevent a recurrence of a similar incident; and

vii. An implementation schedule for undertaking measures to effect cleanup and avoid recurrence of the incident, if applicable.

N.J. Admin. Code § 7:26-2B.8

Amended by R.1989 d.216, effective 4/17/1989.
See: 20 New Jersey Register 2668(a), 21 New Jersey Register 1002(b).
500 tons-per-day capacity replaced by 250 tons-per-day minimum that allows an inspector to be stationed at a thermal destruction facility.
Amended by R.1996 d.500, effective 10/21/1996.
See: 28 New Jersey Register 1693(a), 28 New Jersey Register 4606(a).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
In (b), substituted "facilities operations" for the "the testing phase"; rewrote (c), (j), and (n); in (d)2, inserted reference to electronic storage system; in (e) and (t)4, amended reference from facilities operating at a specified capacity to district facilities generally; in (m), inserted reference to owner and amended analysis requirements; substantially amended (p); inserted new (r)2; recodified existing (r)2 through (r)5 as (r)3 through (r)6; and in (r)4, added reference to minimum detection levels.
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 New Jersey Register 2536(a), 33 New Jersey Register 880(a).
In (j), added "in accordance with N.J.A.C. 7:27"; in (m), substituted "7:26G-6" for "7:26-8.5".
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
Rewrote (m); in (n), substituted "deemed" for ", as it deems is" prior to "necessary"; in (v), amended the phone number of the department in 3ii and substituted "the" for "and" following "mitigate" in 3iii.