N.J. Admin. Code § 7:26A-4.8

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

Section 7:26A-4.8 - Additional design and operational standards for recycling centers which receive, store, process or transfer Class B recyclable materials

(a) In addition to the requirements of 7:26A-4.1, recycling centers receiving Class B recyclable material shall be designed with a buffer zone around the entire perimeter of the recycling center of at least 25 feet.

(b) In addition to the requirements of 7:26A-4.1 and (a) above, the following operational and design criteria apply to recycling centers receiving Class B petroleum contaminated soil:

1. The facility shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of contaminants to air, soil, or surface water, which could threaten human health or the environment.

2. The facility shall be equipped with the following, unless none of the hazards posed by the petroleum contaminated soil handled at the facility could require a particular kind of equipment specified 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, foam producing equipment, 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 an emergency.

4. Owners and operators of petroleum contaminated soil facilities shall have a contingency plan for the facility. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of contaminants which could threaten human health or the environment. The contingency plan shall contain at a minimum:

i. A description of the actions facility personnel shall take in response to fires, explosions, or any unplanned sudden or non-sudden release of contaminants 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 Countermeasures (DPCC) Plan per N.J.A.C. 7:1E, the owner or operator need only amend that plan to incorporate petroleum contaminated soil 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;

iv. The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator 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 the 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 contaminants or fires).

5. A copy of the contingency plan and all revisions shall be maintained at the facility and 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.

6. 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 its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of contaminants, or changes the response necessary in any emergency;

iv. The list of emergency coordinators changes; or

v. The list of emergency equipment changes.

7. All portions or areas of a facility (indoors or outdoors) in which petroleum contaminated soils are routinely stored, handled, processed, or transferred shall be equipped with primary containment structures and/or equipment which are designed and operated so that any leak will be prevented from becoming a discharge.

i. If petroleum contaminated soil is to be stored indoors, the primary containment system shall be a containment building which is designed and operated as follows:

(1) The containment building shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements (for example, precipitation, wind, run-on), and to assure containment of managed petroleum contaminated soils;

(2) The floor and containment walls of the unit shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the petroleum contaminated soil, and any personnel and heavy equipment that operate within the unit. The containment walls shall also be able to prevent failure due to the pressure gradients, settlement, compression, or uplift, and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with the containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure; and

(3) The primary containment system shall be equipped with a liquid collection and removal system to minimize the accumulation of liquid on the primary containment system of the building:

(A) The primary containment system shall be sloped to drain liquids to the associated collection system; and

(B) Leaked wastes or other liquids shall be collected and removed in as timely a manner as is necessary to minimize hydraulic head on the containment system and to prevent overflow of the sump or collection system.

ii. If petroleum contaminated soil is to be stored outdoors, the primary containment system shall be designed and operated as follows:

(1) The soil shall be underlined by a base which is free of cracks or gaps and is sufficiently impervious to contain leaked waste and accumulated precipitation until the collected material is detected and removed;

(2) The base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks or precipitation;

(3) Run-on into the containment system shall be prevented;

(4) Leached wastes, accumulated precipitation or other liquids shall be collected and removed in as timely a manner as is necessary to minimize hydraulic head on the containment system and to prevent the overflow of the sump or collection system; and

(5) All petroleum contaminated soils, with the exception of the working pile, shall be covered with either six inches of soil containing less than 1,000 ppm TPH, or a tarpaulin panel. If a tarpaulin panel is used, it shall be manufactured with 16-mil woven fabric or equivalent, as approved by the Department.

8. Upon detection of a release of contaminants to the environment, the facility shall perform the following cleanup steps:

i. Stop the release;

ii. Contain the released contaminants;

iii. Clean up and properly manage the released contaminants and other materials; and

iv. If necessary, repair or replace any leaking soil containment systems prior to returning them to service.

9. Upon closure of the facility, the owner or operator shall remove or decontaminate petroleum contaminated soils, containment system components, and structures and equipment and manage them as hazardous waste, unless the materials are not hazardous waste under N.J.A.C. 7:26G-5.

10. All equipment and portions of the facility designated for the storage or processing of petroleum contaminated soils shall be visually inspected each operating day for integrity and leaks.

11. The facility shall sample and test all incoming soil and all processed soil in accordance with the sampling protocol specified in the general approval issued pursuant to 7:26A-3.5.

12. Records shall be maintained for all visual inspections. These records shall document that inspections were performed, any problems found, and the subsequent correction of such problems. All records shall be kept for a minimum of three years.

13. The facility shall maintain on-site, a written operating record showing analysis records, tracking records, and summary reports of incidents requiring implementation of the contingency plan. This information shall be made available to Department personnel upon request and shall be kept for a minimum of three years.

14. The facility shall process all source separated petroleum contaminated soil received at the recycling center by thermal treatment or other Department approved physical, chemical, or biological treatment technology, as specified in the general approval issued pursuant to 7:26A-3.5. This requirement does not apply to petroleum contaminated soil if, upon receipt at the facility, the soil is subjected to laboratory analysis by a laboratory that is certified pursuant to N.J.A.C. 7:18, and the results of that laboratory analysis show that the incoming shipment of soil complies as received with Department-approved analytical limits established for certain end markets, as specified in the general approval issued to the facility pursuant to 7:26A-3.5.

N.J. Admin. Code § 7:26A-4.8

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).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Added (b)14.