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Completing the Certificate of Authority to Operate (CAO) a Beneficial Use Project Application Form

Revised 08/06/2019

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Division of Sustainable Waste Management

Bureau of Recycling and Hazardous Waste Management

401 East State Street, P. O. Box 420

Mail Code: 401-02C

Trenton, New Jersey 08625-0420

Telephone: 609-984-3438

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Part I: Instructions for Completing the Certificate of Authority to Operate (CAO) a Beneficial Use Project Application Form

Revision Date: 08/06/2019

[/vc_column_text][vc_tta_accordion color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true”][vc_tta_section title=”Introduction” tab_id=”introduction”][vc_column_text css=””]The following information including any required application fees should be submitted to obtain a Certificate of Authority to Operate a Beneficial Use Project. Answer all questions. Should you have any questions in completing this form, do not hesitate to call 609-984-3438 between the hours of 9:00 a.m. and 4:00 p.m. and ask for a representative of the Beneficial Use Section. Information about Beneficial Use is also available at our web site. Submitting insufficient information and/or data may cause processing delays with your application.

In order for a material to qualify for an exemption in accordance with the Beneficial Use regulations found at N.J.A.C. 7:26-1.1 et seq., specifically N.J.A.C. 7:26-1.7(g) under the regulations, the generator must certify the material proposed for beneficial use was analyzed or does not meet any other criteria or characteristic and be free of any other contaminant, including radiological properties, or waste that would: 1) cause the material to be classified as a hazardous waste in New Jersey; 2) make the material subject to Land Disposal Restrictions at 40 C.F.R.268; 3) otherwise make the material ineligible for consideration for regulation pursuant to N.J.A.C. 7:26-1.7(g); or 4) prevent the material from providing a beneficial use either as a raw material or directly as a product in the uses to which it is applied. The Beneficial Use regulations at N.J.A.C. 7:26-1.7(g) require that materials must be able to be shown to meet the same general physical character and chemical composition that is consistently equivalent to or exceeds the character and composition of the intentionally-manufactured product that it is replacing and the material does not present a greater risk to human health or the environment than the use of the product or raw material it is replacing. The Department also must issue certificates of authority for beneficial use projects in accord with, but not limited to, the Solid Waste Management Act, the Water Pollution Control Act and the Air Pollution Control Act.

For out-of-state beneficial use for material that was generated within New Jersey, only the following applicable questions of the application must be completed: Questions 1 through 4, 5(a), (b), (c), 6(a), (b), (c), (e) and (f), and 10 through 14. Note that for out-of-State and in-State uses, the Department will share all information, such as material history, enforcement issues, analytical data and related information concerning the material with the receiving facility, related parties of interest and relevant State regulatory agencies during the application review and confirmation process. Submit one original signed copy of this form and all attachments necessary to accurately answer all questions. (Include any other related and applicable information as attachments.)[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 1: Owner Identification” tab_id=”question-1″][vc_column_text css=””]Enter the name, address, block(s), lot(s), and telephone number of the facility of the generator/owner who originally produced the material and who is seeking to operate the proposed beneficial use project.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 2: Destination Site Identification” tab_id=”question-2″][vc_column_text css=””]Enter the name, address, and telephone number of the owner/operator of the destination site that will be utilizing the material from the proposed beneficial use project.

Note that for out-of-State and in-State uses, the Department will share all information, such as material history, enforcement issues, analytical data and related information concerning the agencies during the application review and confirmation process.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 3: Project Contact Person” tab_id=”question-3″][vc_column_text css=””]Enter the name, title, company affiliation, and address of the person who will be dealing with the Department with respect to the proposed beneficial use project.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 4: Name of Material” tab_id=”question-4″][vc_column_text css=””]Self-explanatory[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 5: Material Qualifications” tab_id=”question-5″][vc_column_text css=””]In order for a material to qualify for an exemption under the Beneficial Use regulations, the generator must certify the material proposed for beneficial use was analyzed or does not meet any other criteria or characteristic and be free of any other contaminant or waste that would:

(a) Cause the material to be classified as a hazardous waste in New Jersey;

(b) Make the material subject to Land Disposal Restrictions at 40 C.F.R. 268;

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(a) Enter the description of the specific location of the site of origin, including a description of the location of the material onsite

(b) Provide a description of both the current and historic land use of the site from which the material was generated, information regarding aquifer classifications (if required), the date(s) the material was generated, reasons for the generation of the material and/or the process by which the material was generated.

(c) Describe any activities (i.e., regulatory, enforcement, or inspections) conducted by the Department or any other agency at the material’s site of origin. This is only requested for in-state use of the material.

(d) Describe any activities (i.e., regulatory, enforcement, or inspections) conducted by the Department or any other agency at the material’s site of origin. This is only requested for in-state use of the material.

(e) Self-explanatory

(f) Self- explanatory

(g) Provide a site map of the location where the material is to be used, plotted on a USGS topographic map (contours at two-foot intervals). This is only requested for in-state use of the material.

(h) Provide a project site map, drawn to scale not larger than 1 inch equal to 100 feet, of the location where the material is to be used indicating, at a minimum, wetlands, tidal water limits, and depth to mean seasonal high water table across the sate with contours at two-feet. This is only requested for in-state use of the material.

(i) Provide a site map of the location of the site of origin where the material was generated, plotted on a USGS topographic map (contours at two-four intervals). This is only requested for in-state use of the material.

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(a) Provide a narrative description of the material’s characteristics. Include any studies or analytical characterization, Material Safety Data Sheet, EHIS, or Natural Resource and/or contaminant risk assessment, etc. The narrative should provide evidence to the Department that the material provides a beneficial use either as a raw material or directly as a product in the uses to which it is applied.

(b) Self-explanatory

(d) Provide a sampling plan for all samples that will be obtained from the proposed material, including a scaled site map depicting all sample locations, sampling frequency and compositing frequency. This is only requested for in-state use of the material.

(e) Provide documentation of contaminant profiles including test results compared to the current Target Analyte List (TAL)/Target Compound List (TCL) and Priority Pollutants + 40 scans. The list of TAL inorganic compounds/elements and TCL organic compounds designated for analysis are those contained in the version of the USEPA Contract Laboratory Program Statement of Work for Inorganics and Organic Analysis, Multi-Media, Multi-Concentration in effect as of the date on which the laboratory is performing the analysis or the project’s specific contaminant testing results. Radionuclide analysis is required for manufacturing wastes and other wastes where radionuclides are suspect.

Radionuclides: If radionuclides are suspected at industrial, mining or other sites, analyze by gamma spectroscopy for the natural series of radionuclides. The representative samples should be dried, sealed and counted after 21 days. The minimum detectable concentration requirement for Ra-226 and Th-232 daughter nuclides should be 0.5 picocuries per gram (pCi/g) on dried material. Provide laboratory documentation of analysis and methodology. The laboratories must be certified by the Department’s Office of Quality Assurance (OQA) for radionuclides in soil analysis DOE 4.5.2.3. Contact Mr. Vas Komanduri of OQA at (609)984-0855 for a current list of certified laboratories. The following industries are recognized by the Department’s Bureau of Environmental Radiation as having the potential to have technologically enhanced Naturally Occurring Radioactive Material (NORM) contamination potential: Paper and pulp facilities; Ceramics manufacturing; Paint and pigment manufacturing; Metal foundry facilities; Optical glass; Fertilizer plants; Aircraft manufacture; Munitions and armament manufacture; Scrap metal recycling; Zirconium manufacturing; Oil and gas production, refining, and storage; Electricity generation; Cement and concrete product manufacture; Radiopharmaceutical manufacturing; Geothermal energy production. If material is from a radioactive materials licensee or former licensee, or is a radioactively contaminated site, contact the Bureau of Environmental Radiation of the Site Remediation case manager for guidance.

This is only requested for in-state use of the material.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 8: Analytical Package for Contaminant Profile Testing” tab_id=”question-8″][vc_column_text css=””]Provide a copy of the analytical package for all sampling results submitted to the Department. The package should include the chain of custody, sampling methods, QA/QC data, etc. The package should also include documentation that the laboratory used for the testing is a New Jersey certified laboratory. This is only requested for in-state use of the material.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 9: Treatment Performed on the Material Prior to Reuse” tab_id=”question-9″][vc_column_text css=””]Self-explanatory (This is only requested for in-state use of the material.)[/vc_column_text][/vc_tta_section][vc_tta_section title=”Questions 10 through 13:” tab_id=”questions-10-13″][vc_column_text css=””]Self-explanatory[/vc_column_text][/vc_tta_section][vc_tta_section title=”Question 14: Fees” tab_id=”question-14″][vc_column_text css=””]All beneficial use review fees are required on receipt of the application form. The fee schedule is listed in the application form. Fees shall be paid by certified check, government purchase order or a check or money order made payable to “Treasurer, State of New Jersey” in accordance with N.J.A.C. 7:26-4.3(i)1.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Certification Statement” tab_id=”certification-statement”][vc_column_text css=””]

The application form shall be signed by the generator/owner (principal executive officer, general partner or proprietor, ranking elected official) of the company/organization that originally produced the material. The application form should be notarized.

NOTE: The Department may request additional information or an amended application at any time due to modified application requirements, project-specific requirements, or other reasons. Filing an application for a CAO for a beneficial use project does not convey any authority for any person to transport, move or use any material unless a CAO is issued in writing from the Department for the specific material and use.

[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_column_text css=””]Send this completed form, all attachments and appropriate fees to:

Chief, Bureau of Recycling and Hazardous Waste Management
Division of Solid and Hazardous Waste
P.O. Box 420, Mail Code: 401-02C
Trenton, NJ 08625-0420

Should you encounter any problem in completing this form, we recommend that you discuss the matter with a representative from the Bureau of Recycling and Hazardous Waste Management, Beneficial Use Section at 609-984-3438 between the hours of 9:00 a.m. and 4:00 p.m. Check the Beneficial Use page for more information. Submitting incorrect or insufficient data may cause processing delays.

Your comments and suggestions regarding this application and the information on the web site are always welcomed. Please send comments to the attention of Ms. Dana Lawson, at the above address.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space height=”50px”][vc_column_text css=””]

Part II: Application Form for a Certificate of Authority to Operate (CAO) A Beneficial Use Project

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