N.J. Admin. Code § 7:26-3.5

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

Section 7:26-3.5 - Transporter requirements (specific)

(a) Rules concerning sewage sludge and other fecal material include:

1. All solid waste vehicles used for the transportation of such wastes shall be of such a design so as to preclude any spillage or leakage or emissions in violation of N.J.A.C. 7:27 therefrom.

2. Sewage sludge and other fecal material shall not be intermixed with other wastes of a chemical or industrial nature for transportation to a disposal operation.

(b) All solid waste vehicles used for transportation or bulky wastes shall be of such a design so as to preclude any spillage or leakage or emissions in violation of N.J.A.C. 7:27 therefrom.

(c) Radioactive materials regulated by the Atomic Energy Act of 1954 and lethal chemicals shall not be transported in or through the State of New Jersey without prior approval in writing by all authorities having jurisdiction in such matters and by the New Jersey Department of Environmental Protection.

(d) Rules concerning transportation of asbestos and asbestos-containing waste materials follow:

1. All solid waste vehicles used for the transportation of asbestos and asbestos-containing waste materials shall be of such a design so as to prevent any spillage or leakage or emissions therefrom.

2. No transporter shall transport asbestos and/or asbestos-containing waste materials unless such waste is properly packaged in accordance with 40 C.F.R. 61.150 and N.J.A.C. 7:26-2.12.

3. The asbestos or asbestos-containing waste materials shall be transported in a manner that prevents the rupture of the asbestos containers in loading, transport, and unloading operations.

4. Once collected, asbestos and/or asbestos containing waste materials shall be transported directly from the point of generation to the solid waste landfill or transfer station permitted to receive such wastes.

5. There shall be no visible air emissions during loading, transporting, or unloading operations.

(e) Each transporter, who hauls solid waste directly to out-of-State facilities from districts which have not designated an in-county weighing facility pursuant to N.J.A.C. 7:26-6, shall maintain a daily record of waste transported directly out-of-State. The record shall be retained for a period of at least one year or longer in the event of a unresolved enforcement action or at the Department's request. The daily record shall include but not be limited to the following information:

1. Identification of the transporter's DEP registration number and solid waste decal number;

2. Identification of the out-of-State disposal facility where the solid waste was disposed including the state in which the facility is located, the facility name and location address of the facility;

3. The cubic yardage or tonnage of solid waste types: ID 10 through ID 27, including any variants;

4. Date of delivery to the out-of-district facility;

5. The license plate number and State of the solid waste vehicle; and

6. The place of origin of the waste identified by municipality, county and state, except in those instances where the waste is transported from a transfer station or materials recovery facility to a final disposal facility. In those instances, the facility ID of the transfer station or materials recovery facility shall be listed instead of the municipality, county and state as indicated above.

(f) Requirements concerning all solid waste intermodal containers used to transport solid waste solely by rail follow:

1. All solid waste containers used to transport solid waste solely by rail shall meet or exceed the applicable requirements of the Association of American Railroads (AARM-930), incorporated herein by reference, as amended and supplemented, for containers. AARM-930 may be purchased from the Association of American Railroads at the following address: 50 F. Street, NW, Washington, DC 20001.

2. All solid waste containers used to transport solid waste solely by rail shall be clearly marked per railroad regulations with a unique number, that can not be replicated by any other shipper.

3. All solid waste containers used to transport solid waste solely by rail shall be registered with the Department in accordance with N.J.A.C. 7:26-3.2 and pay fees in accordance with N.J.A.C. 7:26-4.4.

(g) Each transporter, who hauls solid waste directly to out-of-State facilities from districts which have not designated an in-county weighing facility pursuant to N.J.A.C. 7:26-6, shall submit monthly summaries of wastes transported directly out-of-State to the Division of Sustainable Waste Management, Bureau of Solid Waste Planning and Licensing and the Solid Waste Coordinator for the district of origin on forms provided by the Department (or duplication of same), no later than 20 days after the last day of each month. The summary shall include, but not be limited to, the following information:

1. Identification of the out-of-State disposal facility where the solid waste was disposed including the state in which the facility is located, the facility name and location address of the facility;

2. The tonnages and types of waste disposed of at each out-of-State facility; and

3. A listing by out-of-State disposal facility of the origin of the waste identified by New Jersey municipality and county and State.

(h) O and D form requirements for transporters hauling solid waste to in-State solid waste facilities are as follows:

1. The Department shall provide the registered transporter with an approved O and D form. The transporter shall thereafter duplicate the form for use with each load of solid waste destined for an in-State solid waste facility.

2. Prior to transport of the solid waste to the disposal site, the transporter shall complete the O and D form and sign it, thereby certifying the accuracy of the information provided.

3. The completed and signed O and D form shall be given to the facility operator in accordance with N.J.A.C. 7:26-2.13(c).

(i) Transporters of asbestos and asbestos containing waste materials shall be responsible for providing respirators, any mandatory training and fit testing for its drivers and passengers.

N.J. Admin. Code § 7:26-3.5

Amended by R.1985 d.65, effective 2/19/1985.
See: 16 New Jersey Register 440(a), 17 New Jersey Register 446(a).
(e) added.
Amended by R.1985 d.558, effective 11/4/1985.
See: 17 New Jersey Register 1041(a), 17 New Jersey Register 2609(a).
Substantially amended.
Amended by R.1989 d.216, effective 4/17/1989.
See: 20 New Jersey Register 2668(a), 21 New Jersey Register 1002(b).
Reference to "collection and haulage" changed to "transportation", "vehicle" changed to "solid waste vehicle" and CFR cite updated. Old (d) deleted. Old (e) recodified as new (d).
Emergency Amendment R.1996 d.114, effective 1/26/1996 (operative January 29, 1996, to expire March 26, 1996).
See: 28 New Jersey Register 1305(a).
Adopted concurrent proposal, R.1996 d.202, effective 3/26/1996.
See: 28 New Jersey Register 1305(a), 28 New Jersey Register 2380(a).
Added (e).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
In (d)2, amended N.J.A.C. references and rewrote (d)4.
Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 New Jersey Register 4170(a), 29 New Jersey Register 5084(a).
Deleted (a)5; recodified existing (a)6 as (a)5; rewrote (e); and added (f). Readopted provisions of Emergency Amendment R.1997 d.404 without change.
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 New Jersey Register 2536(a), 33 New Jersey Register 880(a).
Added (g) and (h).
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
Rewrote the section.

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023