[vc_row][vc_column][vc_column_text css=””]Most Class B facilities have an approval and site-specific checklist.  Below is a portion of the generic checklist we utilize.

RECYCLING CENTERS – GENERAL REQUIREMENTS

Is Class B, Class C and/or Class D recycling center complying with all approval conditions?  [N.J.A.C. 7:26A-3.1]

Did recycling center obtain prior written approval from the Department for the receipt, storage, processing or transfer of Class B, Class C or Class D, recyclable material?  Note:  A facility operating without such approval is considered to be operating an unlicensed solid waste facility and is subject to penalties as set forth in N.J.S.A. 13:1E-9 and N.J.A.C. 7:26-5 in addition to penalties which may be assessed by other regulatory agencies pursuant to their authority. That person may also be subject to penalties for violations of any other Department rules and the statutes under which such rules are promulgated. [N.J.A.C. 7:26A-3.1(b)]

APPROVAL RENEWAL REQUIREMENTS

Did facility submit renewal application for a general approval at least three months prior to expiration of the current approval and did it comply with all requirements for renewal set forth in this subchapter?  Was one copy of the renewal application submitted to the municipal clerk of the municipality in which the recycling center is located and another submitted to the solid waste or recycling coordinator of the county in which the recycling center is located?  [N.J.A.C. 7:26A-3.6(a)]

Did recycling center not receive Class B, Class C or Class D recyclable material and commence operation until it had received written approval from the Department?  [N.J.A.C. 7:26A-3.6(g)]

Did  facility obtain prior approval from the Department for any modification of the general or limited approval?  [N.J.A.C. 7:26A-3.10(a)]

Did recycling center not transfer general or limited approval to operate to a new owner or operator without the Department’s prior approval?  [N.J.A.C. 7:26A-3.15(a)]

Was one copy of the application to transfer a general or limited approval submitted to the municipal clerk of the municipality in which the recycling center is located and was one copy submitted to the solid waste or recycling coordinator of the county in which the recycling center is located?  Note: The Department shall notify county and municipal officials of determinations concerning the transfer of general or limited approvals. [N.J.A.C. 7:26A-3.15(c)]

REQUIREMENTS FOR RECORDKEEPING AND ANNUAL REPORTS

Does facility maintain the following records? 1. A daily record of the amounts of each recyclable material by type and municipality of origin which are received, stored, processed or transferred each day, expressed in tons, cubic yards, cubic feet or gallons. Those operators specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons;  2. The name, address and telephone number of the end-markets for all recyclable materials transported from the recycling center, including the amounts, in tons, cubic yards, cubic feet or gallons, transported to each end-market. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons; and  3. The amount of residue disposed of, expressed in tons, cubic yards, cubic feet or gallons, including the name and New Jersey Department of Environmental Protection solid waste registration number of the solid waste collector/hauler contracted to provide the haulage/disposal service. Those persons specifying the amount of residue in cubic yards shall also indicate the conversion ratio of the residue from cubic yards to tons. [N.J.A.C. 7:26A-3.17(a)]

Note: As a condition of approval to operate a recycling center for the receipt, storage, processing or transfer of Class B, Class C or Class D recyclable materials, the Department may require the filing of the information required in N.J.A.C. 7:26A-3.17(a) at more frequent intervals which shall be specified in the general approval to operate a recycling center issued by the Department. [N.J.A.C. 7:26A-3.17(d)]

Does facility certify in writing to the Department that all residue generated at the recycling center has been disposed of in accordance with the solid waste management rules at N.J.A.C. 7:26 and was this certification submitted annually as part of the annual report required pursuant to N.J.A.C. 7:26A-3.17(c) and (d)?  [N.J.A.C. 7:26A-3.17(e)]

Note: All information submitted to the Department pursuant to this chapter shall be handled in accordance with the requirements of the Public Records law, N.J.S.A. 47:1-1 et seq. The Department will hold confidential and end-market information, as well as information pertaining to the municipality of origin of recyclable material, submitted pursuant to N.J.A.C. 7:26A-3.2, 3.7, and 3.17 through 3.20 for a period of two years from the date on which the information is submitted to the Department, where specified as confidential by the applicant and where there are no health, safety or environmental concerns which require the release of the information, as determined by the Department. [N.J.A.C. 7:26A-3.17(f)]

RECYCLING CENTERS – GENERAL OPERATIONAL STANDARDS

Does facility comply with the following operational standards:  1. All recyclable materials received, stored, processed or transferred at all recycling centers shall conform to the following criteria:  i. The recyclable materials shall have been separated at the point of generation from other waste materials or separated at a permitted solid waste facility authorized to separate recyclable materials from the incoming waste stream;  ii. The recyclable materials shall consist only of Class A recyclable materials, or of Class B, or Class C or Class D recyclable materials which the Department has approved pursuant to N.J.A.C. 7:26A-3 for receipt, storage, processing or transfer at the recycling center; and  iii. Class A recyclable materials may be commingled only with other Class A recyclable materials. Class B recyclable materials may be commingled only with other Class B recyclable materials and only to the extent authorized in the general or limited approval issued pursuant to N.J.A.C. 7:26A-3.5 or 3.7. Class C recyclable materials may be commingled only with other Class C recyclable materials and only to the extent authorized in the general approval issued pursuant to N.J.A.C. 7:26A-3.5. [N.J.A.C. 7:26A-4.1(a)1]

Does recycling center ensure that recyclable material is separated at the point of generation from other waste material?  [N.J.A.C. 7:26A-4.1(a)1i]

Did recycling center ensure only Class A, Class B or Class C materials were received, stored, processed or transferred at the center?  [N.J.A.C. 7:26A-4.1(a)1ii]

Did recycling center comply with commingling requirements?  [N.J.A.C. 7:26A-4.1(a)1iii]

Does facility store residue on-site for not more than six months?  [N.J.A.C. 7:26A-4.1(a)2]

Does facility remove all residue from the recycling center site in accordance with each district’s waste plan?  [N.J.A.C. 7:26A-4.1(a)3]

Is the residue stored separately and in a manner which prevents run-off, leakage or seepage?  [N.J.A.C. 7:26A-4.1(a)4]

Does the facility not receive, store, process or transfer hazardous waste, as defined in N.J.A.C. 7:26, except for used oil and universal waste as provided pursuant to N.J.A.C. 7:26A-4.7, 6 and 7?  [N.J.A.C. 7:26A-4.1(a)5]

Does the facility not shred, shear or bale capacitors or electronic components which contain polychlorinated biphenyls (PCBs) which are attached to, or detached from, appliances or other scrap metal?  [N.J.A.C. 7:26A-4.1(a)6]

Is the facility operating in conformance with all applicable Federal, State and local rules?  [N.J.A.C. 7:26A-4.1(a)7]

Is the facility operating in such a manner that it is free of litter, debris and prevents tracking of mud off site?  [N.J.A.C. 7:26A-4.1(a)8]

Note: All recycling centers located within the Pinelands Protection Area shall be operated in a manner consistent with the goals of the comprehensive management plan developed by the Pinelands Commission pursuant to the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and shall obtain all approvals required by the Pinelands Commission. [N.J.A.C. 7:26A-4.1(a)9]

Note: The construction of all recycling centers shall be in conformance with the New Jersey Uniform Construction Code, N.J.S.A. 52:27D-119 et seq., and the rules promulgated pursuant thereto. [N.J.A.C. 7:26A-4.1(b)]

Note: No recycling center, as defined in N.J.A.C. 7:26A-1.3, with the exception of those recycling centers operating pursuant to an approval granted under N.J.A.C. 7:26A-3.7, shall commence operations unless and until it is included in the applicable district solid waste management plan. [N.J.A.C. 7:26A-4.2]

Did facility allow the New Jersey Department of Environmental Protection or an authorized representative acting pursuant to the County Environmental Health Act, N.J.S.A. 26:3A2-1 et seq. to enter and inspect any building or other portion of a recycling center, recycling depot or any site at which an exempted activity is conducted pursuant to N.J.A.C. 7:26A-1.4(a), at any time in order to determine compliance with the provisions of all applicable laws or rules and regulations adopted pursuant thereto?  This right to inspect includes, but is not limited to: 1. Sampling any materials on site;  2. Photographing any portion of the recycling center;  3. Investigating an actual or suspected source of pollution of the environment and  4. Ascertaining compliance or non-compliance with the statutes, rules or regulations of the Department, including conditions of the recycling center approval issued by the Department. [N.J.A.C. 7:26A-4.3(a)]

Note: The right of entry specified in N.J.A.C. 7:26A-3(a) shall be limited to normal operating hours for the purpose of reviewing and copying all applicable records, which shall be made available to the Department during an inspection and submitted to the Department upon request. [N.J.A.C. 7:26A-4.3(b)]

Note: In an enforcement action, or on specific request of the Department, persons claiming that they qualify for any exclusion or exemption in this chapter or that they are not otherwise subject to the rules in this chapter shall demonstrate and appropriately document that they satisfy all terms of the law releasing them from the requirements of this chapter. [N.J.A.C. 7:26A-1.5(a)]

Does recycling center operator ensure that traffic associated with the operation of the center does not result in a degradation of a level of service of any major intersection or public roadway within a half-mile radius?  [N.J.A.C. 7:26A-4.1(a)10]

Are recycling center operations separated from any and all adjacent residential, commercial and/or other sensitive land uses through the establishment of an effective visual screen buffer?  [N.J.A.C. 7:26A-4.1(a)11]

Is the entrance to the access road fenced or otherwise secured to prevent unauthorized access to the site?  [N.J.A.C. 7:26A-4.1(a)12]

Are those areas of the recycling center subject to vehicular usage suitably compacted and where necessary paved to provide sufficient support for vehicles, to prevent the tracking of soil onto public roads and to minimize the generation of dust?  [N.J.A.C. 7:26A-4.1(a)13]

Is adequate water supply and fire-fighting equipment readily available to extinguish any fires?  Is the telephone number of the local fire department posted at the entrance to the recycling center?  [N.J.A.C. 7:26A-4.1(a)14]

Did Class B, Class C or Class D recycling center not receive, store, process or transfer material until receiving written Department approval?  Is facility operating in compliance with all conditions of the approval?  [N.J.A.C. 7:26A-3.1(a)]

Did Class B, Class C or Class D recycling center not receive, store, process or transfer material until receiving written Department approval?  Is facility operating in compliance with all conditions of the approval?

GENERAL REQUIREMENTS FOR STORAGE OF CLASS B MATERIALS

Is unprocessed Class B recyclable material stored at recycling center for not more than one year from the date of its receipt?  [N.J.A.C. 7:26A-3.9(b)]

CLASS B RECYCLING CENTER – ANNUAL FEE REQUIREMENTS

Did Class B recycling center with general approval pay annual fee of within 30 days of billing?  [N.J.A.C. 7:26A-2.1(b)1]

Did Class B recycling center with general approval pay required compliance monitoring annual fee?  [N.J.A.C. 7:26A-2.1(c)]

LIMITED APPROVAL RECYCLING CENTER – GENERAL REQUIREMENTS

Has Class B recycling center operated for less than 180 days and did it obtain Department approval and submit fee in accordance with N.J.A.C. 7:26A-2 to the Department?  [N.J.A.C. 7:26A-3.7(a)]

Did the limited approval facility operator file a final report with the Department within 45 days after approval expiration which included the following information: 1. The name, address and telephone number of the person or persons to whom the Department has issued the limited approval to operate a recycling center; 2. The location of the approved recycling center, if different than in (j)1 above, including the street address, lot and block, municipality and county; 3. A listing of the total amount of each Class B recyclable material received, stored, processed or transferred during the period of approved operation, expressed in tons, cubic yards, cubic feet or in gallons. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons; 4. The amount of residue disposed of, expressed in tons, cubic yards, cubic feet or gallons, including the name and New Jersey Department of Environmental Protection solid waste registration number of the solid waste collector/hauler which provided the haulage/disposal service. Those persons specifying the total amount of residue in cubic yards shall also indicate the conversion ratio of the residue from cubic yards to tons; 5. A written certification by the person issued a limited approval that, to the best of her or his knowledge after diligent inquiry, all residue has been disposed of in accordance with the solid waste management rules at N.J.A.C. 7:26-6?  [N.J.A.C. 7:26A-3.7(j)1-5]

Did the limited approval facility operator file a final report with the Department within 45 days after approval expiration which included the following information: 6. The name, address and telephone number of the end-markets for all Class B recyclable materials transported from the recycling center, including the amounts, in tons, cubic yards, cubic feet or gallons, transported to each end-market. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons; and 7. A listing of each Class B recyclable material received at the recycling center by municipality of origin and by the amount per municipality. (k) All persons operating a recycling center pursuant to a limited approval shall take such measures as are necessary to ensure that no illegal and unauthorized dumping occurs at the recycling center site. (l) One original and two copies of the information required pursuant to N.J.A.C. 7:26A-3(a) and (j) shall be submitted to: The New Jersey Department of Environmental Protection Division of Solid and hazardous Waste CN 414 Trenton, New Jersey 08625-0414. [N.J.A.C. 7:26A-3.7(j)6-7]

Is the facility ensuring that no  illegal or unauthorized dumping occurs at the recycling center site?  [N.J.A.C. 7:26A-3.7(k)]

Did Class B recycling center with limited approval pay required monthly fee for each month of operation authorized by the limited approval within 15 days from the date of issuance of the limited approval?

Does the operator remove compost stored at the center within 15 months as required?  [N.J.A.C. 7:26A-4.5(b)17]

RECYCLED MATERIALS – BURDEN OF PROOF

Note: In an enforcement action, or on specific request of the Department, persons claiming that a certain material is not a recyclable material shall demonstrate and appropriately document that the material is not recyclable and that there is an approved alternate use for the material. [N.J.A.C. 7:26A-1.5(b)]

CLASS B – GENERAL REQUIREMENTS

LIMITED CLASS B – GENERAL REQUIREMENTS

ADDITIONAL REQUIREMENTS FOR LIMITED APPROVAL RECYCLING CENTERS WHICH HANDLE TIRES/ TREE STUMPS/ TREE PARTS OR WOOD WASTE

Does facility limit tire processing to slicing, shredding, chipping, crumbing or other activities approved by the Department?  Does facility not process tires by incineration, landfilling, abandonment or other disposal method?  [N.J.A.C. 7:26A-3.8(a)]

Does facility limit temporary storage of unprocessed and processed Class B and/or Class D recyclable material at recycling center to the amount indicated in the general or limited approval to operate?  [N.J.A.C. 7:26A-3.9(a)]

The Department shall formulate comprehensive policies for the conservation of the natural resources of the State, the promotion of environmental protection and the prevention of pollution of the environment of the State. The department shall in addition to the powers and duties vested in it by this act or by any other law have the power to: Enter and inspect any building or place for the purpose of investigating an actual or suspected source of pollution of the environment and ascertaining compliance or noncompliance with any codes, rules and regulations of the department. Any information relating to secret processes concerning methods of manufacture or production, obtained in the course of such inspection, investigation or determination, shall be kept confidential, except this information shall be available to the department for use, when relevant, in any administrative or judicial proceedings undertaken to administer, implement, and enforce State environmental law, but shall remain subject only to those confidentiality protections otherwise afforded by federal law and by the specific State environmental laws and regulations that the department is administering, implementing and enforcing in that particular case or instance. In addition, this information shall be available upon request to the United States Government for use in administering, implementing, and enforcing federal environmental law, but shall remain subject to the confidentiality protection afforded by federal law. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing pollution of the environment. [N.J.S.A. 13:1D .9.d]

Was inaccurate information submitted or a false statement, representation or certification made in any application, record or other document?  [N.J.A.C. 7:26-5.6(a)]

Was lawful entry, by any authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Act, refused, inhibited or prohibited?  [N.J.A.C. 7:26-5.7(a)]

Were all fees paid in a timely fashion?  [N.J.A.C. 7:26A- 9.8(a)]

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