N.J. Admin. Code § 7:26A-1.1

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

Section 7:26A-1.1 - Scope and authority

(a) Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Department governing the operation of recycling centers and the conduct of recyclable materials generators and transporters, and of governing municipalities and counties that have jurisdiction over recyclable materials pursuant to the Solid Waste Management Act, 13:1E-1 et seq., particularly the New Jersey Statewide Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.1 1 et seq. This chapter also includes the Department's electronic waste recycling program rules regarding the recycling of a used covered electronic device, pursuant to the Electronic Waste Management Act, N.J.S.A. 13:1E-99.9 4 et seq.

(b) This chapter shall not apply to hazardous waste, except for universal waste exempted from hazardous waste regulation as provided at N.J.A.C. 7:26A-7.

(c) The use or reuse of material that would otherwise become solid waste pursuant to N.J.A.C. 7:26 as fill material, aggregate substitute, fuel substitute, or landfill cover which in some cases may be recycling, are reviewed and approved in accordance with 7:26-1.7(g).

(d) Unprocessed recyclable materials, post-consumer materials, and used or abandoned materials that are or will be deposited on or in the lands of the State for any period exceeding six months, including by stockpiling, staging or storing, are solid waste that shall be managed in accordance with the Solid Waste rules, N.J.A.C. 7:26, unless:

1. The storage activity is exempt from the requirement to obtain a general or limited approval pursuant to 7:26A-1.4(a) and the materials are managed pursuant to 7:26A-1.4(b);

2. A general or limited approval to operate specifies a period that is longer than six months, pursuant to 7:26A-3.9;

3. A specific storage time period is set forth in a limited or general approval issued pursuant to this chapter;

4. The Department authorizes, in writing, a time period longer than six months;

5. The material is a product that has been produced by an approved or exempt recycling facility; or

6. The material is approved for use under 7:26-1.7(g).

(e) This chapter shall not apply to the composting and on-site use of farm feedstocks where the feedstocks are composted as follows:

1. The feedstocks are composted on a farm;

2. Only the following site-generated feedstocks are composted:

i. Dry livestock manures;

ii. Animal feed;

iii. Leaves;

iv. Corn stalks;

v. Hay;

vi. Silage; and

vii. Other farm feedstocks, except grass clippings, that meet the definition of vegetative waste set forth at 7:26-2.13(g)1 v;

3. No more than 5,000 cubic yards of feedstocks are composted per year;

4. The composting method used shall be at least low level technology windrow composting pursuant to 7:26A-4.5(a)14 vi;

5. The windrow composting area shall not exceed three acres; and

6. The composting complies with all applicable requirements of the New Jersey Department of Agriculture, Natural Resources Conservation Service and other local, State or Federal agencies.

N.J. Admin. Code § 7:26A-1.1

Amended by R.1996 d.500, effective 10/21/1996.
See: 28 N.J.R. 1693(a), 28 N.J.R. 4606(a).
Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
In (b), deleted N.J.A.C. references and inserted exception; added (c).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In (a), inserted "and the conduct of recyclable materials generators and transporters, and of governing municipalities and counties that have jurisdiction over recyclable materials"; and added (d) and (e).
Amended by R.2012 d.055, effective 3/5/2012.
See: 43 N.J.R. 2087(a), 44 N.J.R. 577(a).
In (a), inserted the last sentence.