N.J. Admin. Code § 7:26A-4.6

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

Section 7:26A-4.6 - Additional design and operational standards for recycling centers which receive, store, process, or transfer Class D recyclable materials-latex paints, antifreeze, lamps (light bulbs), oil-based finishes, batteries, mercury-containing equipment and consumer electronics, including universal waste

(a) Provisions of this section apply to recycling centers which receive, store, process, or transfer latex paints, antifreeze, lamps, oil-based finishes, batteries, mercury-containing equipment and consumer electronics. Some lamps, oil-based finishes, batteries, mercury-containing equipment and consumer electronics may also be universal wastes. Provisions of this subsection apply equally to those materials which are being handled as universal wastes and those which are not. Universal wastes, when not recycled or destined for recycling under the provisions of this chapter, shall not be handled by a Class D recycling center.

(b) Owners and operators shall comply with the following preparedness and prevention requirements:

1. Facilities shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of Class D recyclable materials to air, soil, or surface water which could threaten human health or the environment;

2. All facilities shall be equipped with the following, unless none of the hazards posed by the recyclable materials handled at the facility could require a particular kind of equipment specified in (b)2i through iv below:

i. An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

ii. A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

iii. Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment and decontamination equipment; and

iv. Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems;

3. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency;

4. Standards for access to communications or alarm system are as follows:

i. Whenever recyclable materials are being processed or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required pursuant to (b)2 above; and

ii. If there is ever only one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required pursuant to (b)2 above;

5. The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes; and

6. Standards for arrangements with local authorities are as follow:

i. The owner or operator shall make the following arrangements, as appropriate for the type of recyclable material handled at the facility and the potential need for the services of these organizations:

(1) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of recyclable material handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

(2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

(4) Arrangements to familiarize local hospitals with the properties of recyclable materials handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility; and

ii. Where State or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record.

(c) Owners and operators shall comply with the following contingency plan and emergency procedure requirements:

1. The purpose and implementation of the contingency plan is as follows:

i. Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of recyclable materials to air, soil, or surface water.

ii. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of recyclable materials which could threaten human health or the environment;

2. The following are the minimum contents of the contingency plan:

i. The contingency plan shall describe the actions facility personnel shall take to comply with (b)7i and ii above in response to fires, explosions, or any unplanned sudden or non-sudden release of universal waste to air, soil, or surface water at the facility;

ii. If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 C.F.R. Part 112 or 40 C.F.R. Part 1510, or a Discharge Prevention, Containment and Countermeasure (DPCC) Plan per N.J.A.C. 7:1E, the owner or operator need only amend that plan to incorporate universal waste management provisions that are sufficient to comply with the requirements of this section;

iii. The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to (b)6 above;

iv. The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see (c)5 below), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates;

v. The plan shall include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities; and

vi. The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of recyclable materials or fires);

3. A copy of the contingency plan and all revisions to the plan shall be:

i. Maintained at the facility; and

ii. Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services;

4. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:

i. Applicable regulations are revised;

ii. The plan fails in an emergency;

iii. The facility changes--in its design, construction, operation, maintenance, or other circumstances--in a way that materially increases the potential for fires, explosions, or releases of recyclable materials, or changes the response necessary in an emergency;

iv. The list of emergency coordinators changes; or

v. The list of emergency equipment changes;

5. At all times, there shall be at least one employee either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of recyclable materials handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more fully spelled out in (c)6 below. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of recyclable materials handled by the facility, and type and complexity of the facility; and

6. The emergency coordinator shall implement the following procedures in an emergency situation:

i. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the designee when the emergency coordinator is on call) shall immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify appropriate State or local agencies with designated response roles if their help is needed;

ii. Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and a real extent of any released materials. The emergency coordinator may do this by observation or review of facility records or shipping papers and, if necessary, by chemical analysis;

iii. Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion (for example, the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions);

iv. If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator shall report his findings as follows:

(1) If the emergency coordinator's assessment indicated that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities and shall be available to help appropriate officials decide whether local areas should be evacuated; and

(2) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for the geographical area (in the applicable regional contingency plan under 40 C.F.R. Part 1510), or the National Response Center (using its 24-hour toll free number 800/424-8802). The report shall include:

(A) The name and telephone number of reporter;

(B) The name and address of facility;

(C) The time and type of incident (for example, release, fire);

(D) The name and quantity of material(s) involved, to the extent known;

(E) The extent of injuries, if any; and

(F) The possible hazards to human health, or the environment, outside the facility;

v. During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other recyclable materials at the facility. These measures shall include, where applicable, stopping processes and operation, collecting and containing released recyclable materials, and removing or isolating containers;

vi. If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate;

vii. Immediately after an emergency, the emergency coordinator shall provide for recycling, storing, or disposing of recovered recyclable materials, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility;

viii. The emergency coordinator shall ensure that, in the affected area(s) of the facility:

(1) No waste or recyclable material that may be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup procedures are completed; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed; and

(3) The owner or operator shall notify the Regional Administrator, and appropriate State and local authorities that the facility is in compliance with (c)6viii(1) and (2) above, before operations are resumed in the affected area(s) of the facility; and

ix. The owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he or she shall submit a written report on the incident to the Regional Administrator. The report shall include:

(1) The name, address, and telephone number of the owner or operator;

(2) The name, address, and telephone number of the facility;

(3) The date, time, and type of incident (for example, fire, explosion);

(4) The name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) The estimated quantity and disposition of recovered material that resulted from the incident.

(d) Owners and operators shall not store, process, or transfer recyclable materials in units other than containers, tanks or process buildings subject to regulation under this chapter or other units subject to regulation under 40 C.F.R. Parts 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9.

1. Additional standards for containers used to store or process Class D recyclable materials are as follows:

i. Containers used to store or process recyclable materials at Class D recycling centers shall be:

(1) In good condition (no severe rusting, apparent structural defects or deterioration); and

(2) Not leaking (no visible leaks);

ii. Containers holding recyclable materials shall be kept closed during storage, except when it is necessary to add or remove recyclable materials; and

iii. Containers used to store or process liquid recyclable materials at Class D recycling centers shall be equipped with a secondary containment system meeting the following:

(1) The entire secondary containment system, including walls and floor, shall be sufficiently impervious to prevent any recyclable materials released into the containment system from migrating out of the system to the soil, groundwater, or surface water; and

(2) The secondary containment system shall consist of, at a minimum:

(A) Dikes, berms, or retaining walls, and a floor which shall cover the entire area within the dike, berm, or retaining wall; or

(B) A secondary containment system equivalent to (d)1iii(2)(A) above.

2. Additional standards for tanks used to store or process Class D recyclable materials are as follows:

i. Tanks used to store or process recyclable materials at recycling centers shall be:

(1) In good condition (no severe rusting, apparent structural defects or deterioration); and

(2) Not leaking (no visible leaks); and

ii. Tanks used to store or process liquid recyclable materials at Class D recycling centers shall be equipped with a secondary containment system meeting the following:

(1) The entire secondary containment system, including walls and floor, shall be sufficiently impervious to prevent any recyclable materials released into the containment system from migrating out of the system to the soil, groundwater, or surface water; and

(2) The secondary containment system shall consist of, at a minimum:

(A) Dikes, berms, or retaining walls, and a floor which shall cover the entire area within the dike, berm, or retaining wall; or

(B) A secondary containment system equivalent to (d)2ii(2)(A) above.

3. Additional standards for process buildings used to store or process recyclable materials are as follows:

i. Process buildings shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements (for example, precipitation, wind, run-on);

ii. Floors shall be sufficiently impervious to prevent any recyclable materials released into the process building from migrating out of the building to the soil, groundwater, or surface water; and

iii. Process buildings used to store or process liquid recyclable materials at Class D recycling centers shall be equipped with a liquid collection and removal system meeting the following:

(1) The floor must be sloped to drain liquids to a sump or other collection device; and

(2) Accumulated liquids must be collected and removed at the earliest practical time.

(e) Owners and operators shall comply with the following label standards:

1. Containers and above ground tanks used to store or process universal waste at processing facilities shall be labeled or marked clearly with the words "Class D Recyclable Material" and, as applicable, "Universal Waste," and the type of universal waste (example: "Oil-based Finish"); and

2. Piping used to transfer recyclable materials to or from containers, tanks or process areas at recycling centers shall be labeled or marked clearly with the words "Class D Recyclable Material" and, as applicable, "Universal Waste," and also represent the type of universal waste (example: "Oil-based Finish");

(f) Upon detection of a release of recyclable materials to the environment not subject to the requirements of 40 C.F.R. Part 280, subpart F or N.J.A.C. 7:14b, an owner/operator shall perform the following cleanup steps:

1. Stop the release;

2. Contain the released recyclable materials;

3. Clean up and manage properly the released recyclable materials and other materials; and

4. If necessary, repair or replace any leaking recyclable materials storage containers or tanks prior to returning them to service;

(g) Owners and operators shall comply with the following closure standards:

1. Owners and operators who store or process Class D recyclable materials in tanks shall comply with the following requirements:

i. At closure of a tank system, the owner or operator shall remove or decontaminate recyclable materials residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with recyclable materials, and manage them as hazardous waste, unless the materials are not hazardous waste under 40 C.F.R. Part 261, as incorporated by reference at N.J.A.C. 7:26G-5; and

ii. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in (g)1i above, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills found at 40 C.F.R. 265.310, as incorporated by reference at N.J.A.C. 7:26G-9.

2. Owners and operators who store, process, or transfer Class D recyclable materials in containers shall comply with the following requirements:

i. At closure, containers holding Class D recyclable materials or residues shall be removed from the site; and

ii. The owner or operator shall remove or decontaminate recyclable materials residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with Class D recyclable materials, and manage them as hazardous waste, unless the materials are not hazardous waste under 40 C.F.R. Part 261, as incorporated by reference at N.J.A.C. 7:26G-5.

3. Owners and operators who store or process recyclable materials in process buildings shall remove or decontaminate recyclable materials residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with recyclable materials, and manage them as hazardous waste, unless the materials are not hazardous waste under 40 C.F.R. Part 261, as incorporated by reference at N.J.A.C. 7:26G-5.

(h) Owners and operators shall maintain, as part of the daily record required by 7:26A-3.17(a), summary reports and details of all incidents that require implementation of the Contingency Plan specified in (c) above.

N.J. Admin. Code § 7:26A-4.6

New Rule, R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 N.J.R. 4273(a), 34 N.J.R. 2088(a).
Section was "Operational standards for recycling centers for Class D recyclable materials" (Reserved).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Section was "Additional design and operational standards for recycling centers which receive, store, process, or transfer Class D recyclable materials--latex paints, antifreeze, thermostats, lamps (light bulbs), oil-based finishes, batteries, mercury-containing devices and consumer electronics, including universal waste". In (a), deleted "thermostats," preceding "lamps" twice and substituted "equipment" for "devices" twice.