N.J. Admin. Code § 7:26A-12.2

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

Section 7:26A-12.2 - Planning by the designated agency

(a) The designated implementation agency shall prepare, or cause to be prepared, a district solid waste management plan and county recycling plan (except in the case of the New Jersey Meadowlands Commission) to implement the requirements of the Solid Waste Management Act (SWMA) at 13:1E-21 et seq., the New Jersey Statewide Mandatory Source Separation and Recycling Act (Recycling Act) at N.J.S.A. 13:1E-99.1 1 et seq., and the Statewide Solid Waste Management Plan, as may be adopted by the Department. The designated agency shall update this plan and submit such updates to the Department, as required by the SWMA, the Recycling Act or the Statewide Solid Waste Management Plan. Updated district plans shall include, but not be limited to, the following components:

1. Identification of the agency (or agencies) designated to implement the district plan. In those instances where more than one agency is identified, the plan shall identify the responsibility(ies) of each agency;

2. An inventory of the quantity of solid waste generated within the district for the 10-year period commencing with the adoption of the updated district solid waste management plan;

3. An inventory of all solid waste and recycling facilities (lot and block and street address) including approved waste types and amounts, hours of operation and approved truck routes (in the case of solid waste facilities);

4. An outline of the solid waste disposal strategy to be utilized by the district for a 10-year planning period;

5. A procedure for the processing of applications for inclusion of solid waste and recycling facilities within the district solid waste management plans. The procedure shall state the applicant requirements for inclusion into the district plan and the specific county review process/procedures, including time frames for county approvals or rejections and subsequent submittals to the Department. The criteria for inclusion shall not include a requirement that local zoning or planning board approval(s) be obtained as a condition for inclusion within the district solid waste management plan, nor shall such a requirement be made a condition for subsequent construction or operation of any facility;

6. Utilizing the data supplied in the State Solid Waste Management Plan that identifies the additional tonnage of recycled materials in the municipal solid waste stream (by material commodity type) required by each county to meet the mandated municipal solid waste recycling goals, a strategy for the attainment of these identified recycling goals. The strategy shall include, as necessary:

i. The designation of the currently mandated recyclable materials and additional materials, if any, to be source separated in the residential, commercial and institutional sectors;

ii. A listing of those entities providing recycling collection, processing and marketing services for each of the designated recyclable materials;

iii. The communication program to be utilized to inform generators of their source separation and recycling responsibilities;

iv. A comprehensive enforcement program that identifies the county and/or municipal entity(ies) responsible for enforcement of the recycling mandates, specifies the minimum number of recycling inspections that will be undertaken by these entities on an annual basis and details the penalties to be imposed for non-compliance with the municipal source-separation ordinance and county solid waste management plan. Additionally, the updated district plan shall include copies of each municipal source separation ordinance. (Six months after approval, by the Department, of the updated District or county plan, as the case may be, the designated plan implementation agency shall forward a copy of each municipal recycling ordinance, which shall be updated as necessary pursuant to N.J.S.A. 13:1E-99.1 1 et seq.); and

v. Anticipated gains in recycling in the small business sector, multi-family housing developments and schools and other institutions, in tonnage of recycled material, by material and by generating sector.

(b) Each county recycling plan shall include a strategy for the collection, marketing and disposition of designated source separated recyclable materials in each municipality.

1. As needed, each designated agency shall solicit proposals from, review the qualifications of, and enter into contracts or agreements on behalf of municipalities with persons providing recycling services or operating recycling centers for the collection, storage, processing, and disposition of recyclable materials designated in the district recycling plan in those instances where these services are not otherwise provided by the municipality, interlocal service agreement or joint service program, or other private or public recycling program operator.

2. The strategy shall include the designation of recovery targets in each municipality to achieve the maximum feasible recovery of recyclable materials from the municipal solid waste stream which shall include, at a minimum, leaves, and the leaf composting facility(ies) identified for the receipt of leaves from each municipality.

N.J. Admin. Code § 7:26A-12.2