N.J. Admin. Code § 7:26A-1.3

Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26A-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the meanings set forth below. All terms which are used in this chapter and which are not defined herein but which are defined in N.J.A.C. 7:26 shall have the same meanings as in that chapter. If any of the words or terms defined below or at N.J.A.C. 7:26 are defined differently at N.J.A.C. 7:26A-13.2, the definitions at N.J.A.C. 7:26A-13.2 shall apply to the use of those words or terms in N.J.A.C. 7:26A-13.

"Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in 40 C.F.R. 280.12 or N.J.A.C. 7:14B.

"Act" means the New Jersey Statewide Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.1 1 et seq.

"Applicant" means any person seeking a general or limited approval to operate a recycling center.

"Architectural salvage item" means any component removed from a building that is scheduled for or is undergoing demolition or renovation for the purpose of reinstallation in or on any building. Architectural salvage items are not solid waste.

"Area of human use or occupancy" means any commercial, residential, or active or passive recreational property and shall refer to the area frequented by persons and not outer boundary areas of sites owned by persons that are not frequented for use.

"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

"Beneficial use" means the use or reuse of a material, which would otherwise become solid waste, as landfill cover, aggregate substitute, fuel substitute or fill material or the use or reuse in a manufacturing process to make a product or as an effective substitute for a commercial product. Beneficial use of a material shall not constitute recycling or disposal.

"Biodegradable plastic" means plastic products that are designed to biodegrade and compost and which meet the specifications of the American Society for Testing and Materials document--ASTM D 6400-99--entitled "Standard Specifications for Compostable Plastics," incorporated herein by reference.

"Biomass" means any organic matter that is available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, wood and wood residues, animal wastes, and other waste materials.

"Brush" means branches, woody plants and other like vegetative material. Leaves and grass do not constitute brush.

"Class A recyclable material" means a source separated non-putrescible recyclable material specifically excluded from Department approval prior to receipt, storage, processing or transfer at a recycling center in accordance with 13:1E-99.3 4b, which material currently includes source separated non-putrescible metal, glass, paper, plastic containers, and corrugated and other cardboard.

"Class B recyclable material" means a source separated recyclable material which is subject to Department approval prior to receipt, storage, processing or transfer at a recycling center in accordance with 13:1E-99.3 4b, and which includes, but is not limited to, the following:

1. Source separated, non-putrescible, waste concrete, asphalt, brick, block, asphalt-based roofing scrap and wood waste;

2. Source separated, non-putrescible, waste materials other than metal, glass, paper, plastic containers, corrugated and other cardboard resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures;

3. Source separated whole trees, tree trunks, tree parts, tree stumps, brush and leaves provided that they are not composted;

4. Source separated scrap tires; and

5. Source separated petroleum contaminated soil.

"Class C recyclable material" means a source separated compostable material which is subject to Department approval prior to the receipt, storage, processing or transfer at a recycling center in accordance with 13:1E-99.3 4b, and which includes, but is not limited to, organic materials such as:

1. Source separated food waste;

2. Source separated biodegradable plastic;

3. Source separated yard trimmings, including any biodegradable paper bags in which the yard trimmings are collected;

4. Source separated biomass; and

5. Lakeweed generated from the cleaning of aquatic flora from freshwater lakes.

"Class D recyclable material" means a source separated recyclable material which is subject to Department approval prior to receipt, storage, processing or transfer at a recycling center in accordance with 13:1E-99.3 4b, and which includes, but is not limited to, the following:

1. Used oil, as defined in this section and which includes, but is not limited to, the following:

i. Used lubricant oil;

ii. Used coolant oil (non-contact heat transfer fluids);

iii. Used emulsion oil; and

iv. Any other synthetic oil or oil refined from crude oil, which has been used, and as a result of such use is contaminated by physical or chemical impurities;

2. Antifreeze;

3. Latex paints;

4. Lamps (light bulbs);

5. Oil-based finishes;

6. Batteries;

7. Mercury-containing equipment; and

8. Consumer electronics.

"Class D recycling center" means a facility that receives, stores, processes, or transfers Class D recyclable materials as defined in this section.

"Clean fill" means an uncontaminated nonwater-soluble, nondecomposable, inert solid such as concrete, glass and/or clay or ceramic products. Clean fill does not mean processed or unprocessed mixed construction and demolition debris including, but not limited to, wallboard, plastic, wood or metal. The nonwater soluble, nondecomposable inert products generated from an approved Class B recycling facility are considered clean fill.

"Commingled" means a combining of source separated recyclable materials for the purpose of recycling.

"Compostable" means able to undergo physical, chemical, thermal and/or biological degradation under aerobic conditions such that the material to be composted enters into and is physically indistinguishable from the finished compost (humus), and which ultimately mineralizes (biodegrades to carbon dioxide, water, and biomass) in the environment at a rate like that of known compostable materials such as paper and yard trimmings.

"Composting" means the controlled biological degradation of organic matter to make compost.

"Consumer" means any New Jersey resident who uses or purchases lubricating or other automotive oil for personal use, or who generates used motor oil through personal use of lubricating or other automotive oil.

"Consumer electronics" means any appliance used in the home or business that includes circuitry. Consumer electronics includes the components and sub-assemblies that collectively make up the electronic products and may, when individually broken down, include batteries, mercury switches, capacitors containing PCBs, cadmium plated parts and lead or cadmium containing plastics. Examples of consumer electronics include, but are not limited to, computers, printers, copiers, telefacsimiles, VCRs, stereos, televisions, and telecommunication devices.

"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

"Contaminant" means solid waste which adheres to, or which is otherwise contained on or in, source separated recyclable materials.

"Curing" means the last stage of composting that occurs after much of the readily metabolized material has decomposed. Curing provides for additional stabilization of the composted material.

"Department" or "NJDEP" means the New Jersey Department of Environmental Protection.

"Designated district or municipal recycling coordinator" means the individual designated pursuant to N.J.S.A. 13:1E-99.1 3 or 13:1E-99.16, respectively.

"Do-it-yourselfer used oil collection center" means any site or facility that accepts and/or aggregates and stores used oil collected only from household do-it-yourselfer used oil generator.

"End-market" means any person which receives processed or unprocessed source separated recyclable material and utilizes the material as a finished product or as a raw material for a manufacturing process.

"Existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to December 16, 1996. Installation shall be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin installation of the tank and if either:

1. A continuous on-site installation program has begun; or

2. The owner or operator has entered into contractual obligations-which cannot be canceled or modified without substantial loss for installation of the tank to be completed within a reasonable time.

"Farm" means any establishment that produced and sold, or normally would have sold, $ 1,000 or more of agricultural products during the previous calendar year.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 through 136y.

"General approval" means an approval to operate a recycling center for the receipt, storage, processing or transfer of Class B, Class C or Class D recyclable material.

"Generator" means any person, by site, whose act or process produces waste or recyclable materials, including, but not limited to, used oil, universal waste, or hazardous waste, or whose act first causes a waste or recyclable material to become subject to regulation or separated for collection. For universal wastes, "generator" means any person, by site, whose act or process produces hazardous waste identified or listed in N.J.A.C. 7:26G-5 or whose act first causes a hazardous waste to become subject to regulation.

"Grace period" means the period of time afforded under 13:1D-125 et seq., commonly known as the Grace Period Law, for a person to correct a minor violation in order to avoid imposition of a penalty that would be otherwise applicable for such violation.

"Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles.

"Household do-it-yourselfer used oil generator" means an individual who generates household do-it-yourselfer used oil.

"Lamp" or "universal waste lamp" means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

"Large quantity handler of universal waste" means a universal waste handler, as defined in this section, who accumulates 5,000 kilograms or more, total, of universal waste (calculated collectively) at any time. Such designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.

"Leachate" means a liquid which has come in contact with or percolated through a porous solid and extracted dissolved and suspended material. Condensate from gases that pass through a porous solid may also contain dissolved or suspended material.

"Limited approval" means an approval to operate a recycling center for the receipt, storage, processing or transfer of Class B recyclable material for a period of time not to exceed 180 days.

"Manufacturer" means any person which utilizes Class A recyclable material or non-container plastic materials as raw materials in the production of new paper, metal, glass or plastic products.

"Mobile recycling equipment" is equipment which processes Class B, Class C or Class D recyclable material and which does not operate from a permanent location but which is capable of being transported from site to site.

"Motor oil retailer" means any person who annually sells to consumers more than 500 gallons of lubricating and/or other automotive oil in container for use off the premises where sold.

"New tank" means a tank that will be used to store or process used oil and for which installation has commenced after December 16, 1996.

"Non-container plastic materials" means source separated nonputrescible plastic materials other than plastic containers.

"Off-site" means any site other than the specific site or point of generation of recyclable materials.

"Oil-based finishes" means any paint or other finish which may exhibit, or is known to exhibit, a hazardous waste characteristic, or which contains a listed hazardous waste, and is in its original packaging, or otherwise appropriately contained and clearly labeled. Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains, and aerosol paint cans.

"Old-growth timber" means wood or plant matter taken from a forest in the late successional stage of forest development, including plant matter taken from the forest floor. Late successional forests contain live and dead trees of various sizes, species, composition, and age class structure. The age and structure of old-growth timber varies significantly by forest type and from one biogeoclimatic zone to another.

"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which such person controls and to which the public does not have access, are also considered on-site property.

"Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), corporate official, partnership, association, Federal agency, state, municipality, commission, political subdivision of a state, county or municipality, or any interstate body.

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

1. Is a new animal drug under the Federal Food Drug and Cosmetic Act (FFDCA) section 201(w); or

2. Is an animal drug that has been determined by regulation of the U.S. Secretary of Health and Human Services not to be a new animal drug; or

3. Is an animal feed under FFDCA section 201(x) that bears or contains any substances described at paragraph 1 or 2 above.

"Plastic container" means any formed or molded and hermetically sealed, or made airtight with a metal or plastic cap, rigid container, other than a plastic bottle, intended for single-use and having a capacity of at least eight ounces, but less than five United States gallons, with a minimum wall thickness of not less than 0.010 inches, and composed primarily of thermoplastic synthetic polymeric material.

"Processing" means the treatment or transformation of source separated recyclable materials so as to conform to end-market specifications, including, but not limited to, separating material by type, grade or color, crushing, grinding, shredding or bailing or removing contaminants. (See also "used oil processing" below.)

"Product" means the material or the good generated as a result of processing source separated recyclable materials for which no further processing is required prior to final utilization.

"Rebuttable presumption for used oil" means used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 C.F.R. Part 261, as incorporated by reference at N.J.A.C. 7:26G-5). The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluid are recycled in any other manner or disposed. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units. EPA publication SW-846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. (202) 512-1800 (Document number: 955-001-00000-1.)

"Recover" means to remove refrigerant fluid in any condition from a refrigerator, freezer, air conditioner, chiller, or similar appliance and store it in an external container without necessarily testing or processing it in any way.

"Recyclable material" means those materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

"Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

"Recycling center" means a facility designed and operated solely for receiving, storing, processing or transferring source separated recyclable materials (Class A, Class B, Class C and/or Class D recyclable material). Recycling centers shall not include recycling depots, manufacturers, or scrap processing facilities.

"Recycling center for Class A recyclable materials" or "Class A recycling center" means a facility that receives, stores, processes, or transfers Class A recyclable materials as defined in this section.

"Recycling center for Class B recyclable materials" or "Class B recycling center" means a facility that receives, stores, processes, or transfers Class B recyclable materials as defined in this section.

"Recycling center for Class C recyclable materials" or "Class C recycling center" means a facility that receives, stores, processes, or transfers Class C recyclable materials as defined in this section.

"Recycling depot" means a facility designed and operated for receiving and temporarily storing, for a period not to exceed two months, Class A recyclable materials and/or non-container plastic materials prior to their transport to a recycling center or end-market.

"Refrigerant fluid" means the following Class I or Class II substance as defined by section 602 of Title VI of the Clean Air Act Amendments of 1990 (42 U.S.C. 7671) and additional substances that are listed by the United States Environmental Protection Agency that are used as a refrigerant in any appliance including any personal, household, commercial or industrial air conditioner, refrigerator, chiller, freezer or similar appliance:

Class I

Group I

chlorofluorocarbon-11 (CFC-11)

chlorofluorocarbon-12 (CFC-12)

chlorofluorocarbon-113 (CFC-113)

chlorofluorocarbon-114 (CFC-114)

chlorofluorocarbon-115 (CFC-115)

Group II

halon-1211

halon-1301

halon-2402

Group III

chlorofluorocarbon-13 (CFC-13)

chlorofluorocarbon-111 (CFC-111)

chlorofluorocarbon-112 (CFC-112)

chlorofluorocarbon-211 (CFC-211)

chlorofluorocarbon-212 (CFC-212)

chlorofluorocarbon-213 (CFC-213)

chlorofluorocarbon-214 (CFC-214)

chlorofluorocarbon-215 (CFC-215)

chlorofluorocarbon-216 (CFC-216)

chlorofluorocarbon-217 (CFC-217)

Group IV

carbon tetrachloride

Group V

methyl chloroform

Class II

hydrochlorofluorocarbon-21 (HCFC-21)

hydrochlorofluorocarbon-22 (HCFC-22)

hydrochlorofluorocarbon-31 (HCFC-31)

hydrochlorofluorocarbon-121 (HCFC-121)

hydrochlorofluorocarbon-122 (HCFC-122)

hydrochlorofluorocarbon-123 (HCFC-123)

hydrochlorofluorocarbon-124 (HCFC-124)

hydrochlorofluorocarbon-131 (HCFC-131)

hydrochlorofluorocarbon-132 (HCFC-132)

hydrochlorofluorocarbon-133 (HCFC-133)

hydrochlorofluorocarbon-141 (HCFC-141)

hydrochlorofluorocarbon-142 (HCFC-142)

hydrochlorofluorocarbon-221 (HCFC-221)

hydrochlorofluorocarbon-222 (HCFC-222)

hydrochlorofluorocarbon-223 (HCFC-223)

hydrochlorofluorocarbon-224 (HCFC-224)

hydrochlorofluorocarbon-225 (HCFC-225)

hydrochlorofluorocarbon-226 (HCFC-226)

hydrochlorofluorocarbon-231 (HCFC-231)

hydrochlorofluorocarbon-232 (HCFC-232)

hydrochlorofluorocarbon-233 (HCFC-233)

hydrochlorofluorocarbon-234 (HCFC-234)

hydrochlorofluorocarbon-235 (HCFC-235)

hydrochlorofluorocarbon-241 (HCFC-241)

hydrochlorofluorocarbon-242 (HCFC-242)

hydrochlorofluorocarbon-243 (HCFC-243)

hydrochlorofluorocarbon-244 (HCFC-244)

hydrochlorofluorocarbon-251 (HCFC-251)

hydrochlorofluorocarbon-252 (HCFC-252)

hydrochlorofluorocarbon-253 (HCFC-253)

hydrochlorofluorocarbon-261 (HCFC-261)

hydrochlorofluorocarbon-262 (HCFC-262)

hydrochlorofluorocarbon-271 (HCFC-271)

"Refrigerant reprocessing facility" means a facility which receives captured refrigerant fluid, stored and transported in the appropriate containers, and cleans or otherwise reprocesses these refrigerant fluids to a level of purity consistent with industry standards for the use to which the reprocessed refrigerant fluid will be put, and which then returns the reprocessed refrigerant fluid to commerce.

"Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

"Research, development and demonstration (RD&D) approval" means a certificate of authority to operate issued pursuant to 7:26-1.7(f) for a new or innovative technology or innovative operational process modification made to an existing recycling center or operation.

"Residue" means any solid waste generated as a result of processing source separated recyclable materials at a recycling center which must be disposed of as solid waste in accordance with the waste plan of the district in which the recycling center is located or if classified as a hazardous waste pursuant to N.J.A.C. 7:26G, shall be disposed of in accordance with the applicable hazardous waste regulations set forth at N.J.A.C. 7:26G.

"Retail service station" means any person whose on-going automotive maintenance and/or repair business entails the removal and/or replacement of automotive lubricating oils.

"Scrap processing facility" means a commercial industrial facility designed, and operated for receiving, storing and transferring source separated, nonputrescible ferrous and nonferrous metal, which materials are purchased by the owner or operator thereof, and which are altered or reduced in volume or physical characteristics onsite by mechanical methods, including, but not limited to, baling, cutting, torching, crushing, or shredding, for the purposes of resale for remelting, refining, smelting or remanufacturing into raw materials or products.

"Small quantity handler of universal waste" means a universal waste handler, as defined in this section, who accumulates less than 5,000 kilograms total of universal waste (all types of universal wastes calculated collectively) at any time.

"Solid waste" means that which is defined as solid waste in 7:26-1.6.

"Source separated recyclable materials" means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

"Source separated supermarket waste" or "SSSW" means waste that includes only vegetative waste such as, but not limited to, flower waste, culled or spoiled produce and produce preparation trimmings.

"Surface water" means water at or above the land's surface which is neither ground water nor contained within the unsaturated zone, including, but not limited to, the ocean and its tributaries, all springs, streams, rivers, lakes, ponds, wetlands, and artificial waterbodies.

"Tank" means any stationary device designed to contain an accumulation of recyclable materials which is constructed primarily of non-earthen materials (for example, wood, concrete, steel, plastic) which provides structural support.

"Thermal treatment" means the treatment of recyclable material in a device that uses elevated temperatures as the primary means to change the physical, chemical, or biological character or composition of the recyclable material.

"Total municipal solid waste stream" means the sum of the municipal solid waste stream disposed of as solid waste, as measured in tons, plus the total number of tons of material separated from municipal solid waste and recycled.

"Total solid waste stream" means the aggregate amount of solid waste generated from all sources of generation, including the municipal solid waste stream. This includes all non-hazardous materials disposed and recycled.

"Universal waste" means any of the following hazardous wastes that are subject to the universal waste requirements of N.J.A.C. 7:26A-7, whether incorporated by reference from 40 C.F.R. Part 273 or listed additionally by the Department:

1. Batteries;

2. Pesticides;

3. Lamps;

4. Mercury-containing equipment;

5. Oil-based finishes; and

6. Consumer electronics.

"Universal waste handler" means a generator, as defined in this section, of universal waste or the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination. "Universal waste handler" does not mean a person who treats (except under the provisions of 7:26A-7.2(d)1 or 3, or 7:26A-7.3(d)1 or 3), disposes of, or recycles universal waste, or a person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

"Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

"Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling and is determined to be a solid waste by the generator.

"Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfer used oil generators.

"Used oil burner" means a facility where used oil not meeting the specification requirements in 7:26A-6.2 is burned for energy recovery in devices identified in 7:26A-6.8(b).

"Used oil collection center" means any site or facility that is registered or approved by the municipality or county to manage used oil and accepts and/or aggregates and stores used oil collected from used oil generators regulated under 7:26A-6.4 that bring used oil to the collection center in shipments of no more than 55 gallons pursuant to 7:26A-6.4(e). Used oil accumulation centers may also accept used oil from household do-it-yourselfer used oil generators.

"Used oil fuel marketer" means any person who conducts either of the following activities:

1. Directs a shipment of off-specification used oil from such person's facility to a used oil burner; or

2. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 7:26A-6.2.

"Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

"Used oil handler" means a generator of used oil, or the owner or operator of a facility that receives used oil.

"Used oil processing" means chemical or physical operations designed to produce from used oil, or make used oil more amenable for the production of, fuel oils, lubricants, or other used oil-derived products. Used oil processing includes, but is not limited to, blending used oil with virgin petroleum products, blending used oils to meet the used oil fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

"Used oil processor or re-refiner" means a facility that processes used oil.

"Used oil transfer facility" means any transportation related facility including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days. Transfer facilities that store used oil for more than 35 days are subject to regulation under 7:26A-6.7 as used oil processors, except that these facilities are not subject to the requirements of 7:26A-6.7(a)2 vi, unless used oil processing is also performed.

"Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (for example, settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

"Yard trimmings" means grass clippings, leaves, wood chips from tree parts, and brush.

N.J. Admin. Code § 7:26A-1.3

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