N.J. Admin. Code § 7:26-3A.40

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

Section 7:26-3A.40 - Intermediate handlers and destination facilities

(a)N.J.A.C. 7:26-3A.40 through 3A.44 apply to owners and operators of intermediate handler or destination facilities located in New Jersey that manage regulated medical waste and owners and operators of facilities in another state that receive regulated medical waste generated in New Jersey. Facilities that are subject to the above sections include:

1. Destination facilities, including treatment and destruction facilities, facilities that cause the regulated medical waste to meet the conditions of N.J.A.C. 7:26-3A.6(b)3 or 4 including incineration facilities, alternative or innovative technology facilities and disposal facilities; and

2. Intermediate handlers, including alternative or innovative technology or other facilities that either treat or destroy the regulated medical waste, but do not cause it to meet the conditions of N.J.A.C. 7:26-3A.6(b)3 or 4.

(b) The rule paragraphs noted in (a) above also apply to generators with on-site incinerators who accept regulated medical waste for disposal.

(c) No person shall engage in the treatment and/or destruction of regulated medical waste in New Jersey unless such person:

1. Registers the site as an intermediate handler or destination facility in accordance with N.J.A.C. 7:26-3A.8;

2. Obtains a tariff in accordance with N.J.S.A. 13:1E-48.12.b if operating commercially;

3. Uses treatment and/or destruction process(es) authorized by the Department and NJDOH pursuant to N.J.A.C. 7:26-3A.47;

4. Obtains the specific approval of the Department and NJDOH to operate an alternative or innovative technology approved pursuant to N.J.A.C. 7:26-3A.47for the treatment and/or destruction of regulated medical waste at the registered facility; and

5. Complies with all other environmental statutes applicable to the facility, including but not limited to, the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., and the rules and regulations adopted thereunder, and any permits or orders issued pursuant thereto.

(d) Persons operating mobile treatment and/or destruction equipment for RMW shall:

1. Operate such equipment only within the boundaries of a site registered as an intermediate handler or destination facility with the Department pursuant to N.J.A.C. 7:26-3A.8(c) for the specific type of activity the mobile treatment and destruction unit will be engaged in; and

2. Comply with all applicable statutes and regulations, including, but not limited to, the New Jersey Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq. and 26:2D-1 et seq., the New Jersey Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq. and all other applicable Federal, State, and local requirements.

N.J. Admin. Code § 7:26-3A.40

Amended by 47 N.J.R. 991(a), effective 5/18/2015.