Office of the Commissioner
P.O. Box 402
Trenton, NJ 08625-0402
Tel. # 609-292-2885
Fax. # 609-292-7695
IN THE MATTER OF CERTAIN AMENDMENTS
BY ORDER OF THE COMMISSIONER:
The New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.) established a comprehensive system for the management of solid waste in New Jersey. The Act designated all twenty-one (21) of the state's counties, and the Hackensack Meadowlands District, as Solid Waste Management Districts, and mandated that the Boards of Chosen Freeholders and the Hackensack Meadowlands Development Commission (now known as the New Jersey Meadowlands Commission) develop comprehensive plans for waste management in their respective districts. On January 27, 1982 the Department of Environmental Protection (Department or DEP) approved, with modifications, the Hudson County District Solid Waste Management Plan (County Plan).
The Act requires that all district plans be based on and accompanied by a report detailing the existing waste disposal situation in the district, and a plan which includes the strategy to be followed by the district in meeting the solid waste management needs of the district for a ten-year planning period. The report must detail the current and projected waste generation for the district, inventory and appraise all facilities in the district, and analyze the waste collection and transportation systems which serve the district. The disposal strategy must include the maximum practicable use of resource recovery techniques. In addition to this strategy, the plan must designate sufficient available suitable sites for the disposal of the district's waste for a ten-year period.
The Act further provides that a district may review its County Plan at any time and, if found inadequate, a new County Plan must be adopted. The Hudson County Board of Chosen Freeholders (County Freeholders) completed such a review and on December 14, 2000 adopted
an amendment to its approved County Plan. The December 14, 2000 amendment proposes County Plan inclusion of Nacirema Industries, Inc., material recovery facility/Class B recycling facility, located at Block 301.01, Lots 1 and 6, 211 West Fifth Street, City of Bayonne.
The amendment was considered administratively complete for review by the Department on October 10, 2001 and copies were distributed to various administrative review agencies for review and comment, as required by law. The Department has reviewed this amendment, and has determined that the amendment adopted by the County Freeholders on December 14, 2000 is approved, with modification, as provided in N.J.S.A. 13:1E-24.
B. Findings and Conclusions with Respect to the Hudson County District Solid Waste Management Plan Amendment
Pursuant to N.J.S.A. 13:1E-24a(1), I have studied and reviewed the December 14, 2000 amendment to the County Plan according to the objectives, criteria, and standards developed in the Statewide Solid Waste Management Plan and I find and conclude that the amendment is consistent with the Statewide Solid Waste Management Plan. In this regard, the County Freeholders are notified of the issues of concern relative to the December 14, 2000 amendment which are included below.
In conjunction with the review of the amendment, the Department circulated copies to seventeen administrative review agencies and solicited their review and comment. Pursuant to N.J.S.A. 13:1E-24a(2) and (3), these agencies included various bureaus, divisions, and agencies within the Department. All agencies contacted are as follows:
Division of Water Quality, DEP
Division of Parks and Forestry, DEP
Division of Fish and Wildlife, DEP
Division of Compliance and Enforcement, DEP
Division of Solid and Hazardous Waste, DEP
Office of Air Quality Management, DEP
Green Acres Program, DEP
Land Use Regulation Element, DEP
New Jersey Turnpike Authority
New Jersey Advisory Council on Solid Waste Management
Office of Local Environmental Management
Department of Agriculture
Department of Health and Senior Services
Department of Transportation
Department of Community Affairs
U.S. Environmental Protection Agency
New Jersey Meadowlands Commission
Issues of Concern Regarding the December 14, 2000 Amendment
Issue: Facility Operations
The December 14, 2000 amendment is proposing County plan inclusion of the Nacirema Industries, Inc., material recovery facility/Class B recycling facility, located at Block 301.01, Lots 1 and 6, 211 West Fifth Street, City of Bayonne. The facility will accept a maximum of 100 tons per day of type 13C waste or a maximum of 100 tons per day of recyclable material composed of: a maximum of 25 tons per day of source-separated concrete, asphalt, brick; a maximum of 70 tons per day of source-separated wastes resulting from construction, remodeling, repair and demolition of houses, commercial buildings, pavement and other structures; and a maximum of 5 tons per day of source-separated tree stumps, branches and limbs. The material proposed for acceptance at the proposed facility in the December 14, 2000 plan amendment is denoted as type 13, but is actually type 13C waste as identified in N.J.A.C. 7:26-2.13(g)iv.
Further, the amendment noted that the maximum amount of contaminants allowed in each incoming load of Class B recyclable material shall be limited to 40% by weight. Contaminant standards are determined on a case-by-case basis in the general approval issued by the Department to a Class B recycling facility as per N.J.A.C. 7:26A-3.5. Therefore, Section C. of this certification approves, with modification, the County Plan inclusion of the material recovery facility/Class B recycling facility and defers the contamination limitation issue to the technical phase of the approval process.
Issue: Regulatory Requirements
If any operation of a recycling center will discharge pollutants as defined in N.J.A.C. 7:14-1.9, said operation must secure a New Jersey Pollutant Discharge Elimination System Permit and/or a Treatment Works Approval for pollutant discharges prior to operation.
Recycling centers are subject to the provisions of N.J.A.C. 7:27-5, "Prohibition of Air Pollution." This regulation prohibits the release of odors and other air contaminants which interfere with the enjoyment of life and property.
C. Certification of the Hudson County District Solid Waste Management Plan Amendment
In accordance with N.J.S.A. 13:1E-1 et seq., specifically N.J.S.A. 13:1E-21, which establishes specific requirements regarding the contents of the county solid waste management plans, I have reviewed the December 14, 2000 amendment to the approved County Plan and certify to the County Freeholders that the December 14, 2000 amendment is approved, with modification, as further specified below.
The December 14, 2000 amendment proposing County inclusion of the Nacirema Industries, Inc., material recovery facility/Class B recycling facility, located at Block 301.01, Lots 1 and 6, 211 West Fifth Street, City of Bayonne, is approved with modification. The facility may accept a maximum of 100 tons per day of type 13C waste or a maximum of 100 tons per day of recyclable material composed of: a maximum of 25 tons per day of source-separated concrete, asphalt, brick; a maximum of 70 tons per day of source-separated wastes resulting from construction, remodeling, repair and demolition of houses, commercial buildings, pavement and other structures; and a maximum of 5 tons per day of source-separated tree stumps, branches and limbs. However, the amendment also noted that the maximum amount of contaminants allowed in each incoming load of Class B recyclable materials shall be limited to 40% by weight. Contaminant standards are determined on a case-by-case basis in the general approval issued by the Department to a Class B recycling facility as per N.J.A.C. 7:26A-3.5. Therefore, the contamination limitation issue for this Class B recycling center is deferred to the technical phase of the Class B approval process.
This certification shall not be construed as an expression of the Departmentís intent to issue a recycling center approval to any recycling center for Class B materials. A recycling center approval shall only be issued where the applicant has submitted as administratively complete application, as per N.J.A.C. 7:26A-3.5, where all the substantive criteria for approval set forth in N.J.A.C. 7:26A-3.2, 3.3, and 3.4 are satisfied, where a fee has been paid in accordance with N.J.A.C. 7:26A-2, and where none of the criteria for denial of a recycling center approval are met, as per N.J.A.C. 7:26A-11 and 12.
Pursuant to N.J.A.C. 7:26A-4.1(a)1.iii., Class B recyclable materials may be commingled only with other Class B recyclable materials and only to the extent authorized in the Departmentís general approval.
D. Other Provisions Affecting the Plan Amendment
Any contract renewal or new contract for solid waste collection or disposal which is inconsistent with this amendment to the County Plan and which was executed prior to the approval of this amendment and subsequent to the effective date of the Solid Waste Management Act (July 29, 1977), and which shall further be for a term in excess of one year, shall immediately be renegotiated in order to bring same into conformance with the terms and provisions herein set forth. Any solid waste collection operation or disposal facility registered by the Department and operating pursuant to a contract as herein described, shall be deemed to be in violation of this amendment and of the County Plan if such renegotiation is not completed within ninety (90) days of the effective date of this amendment provided, however, that any such registrant may, upon application to the Department, and for good cause shown, obtain an extension of time to complete such renegotiation.
All solid waste facility operators and transporters registered with the Department and operating within the County and affected by the amendment contained herein shall operate in compliance with this amendment and all other approved provisions of the County Plan. Any facility operator or transporter who fails to comply with the provisions contained herein shall be deemed to be in violation of N.J.S.A. 13:1E-1 et seq., in violation of N.J.A.C. 7:26-1 et seq., and in violation of their registration to operate a solid waste facility or a collection system issued thereunder by the Department and shall be subject to the provisions and penalties of N.J.S.A. 13:1E-9 and 12 and all other applicable laws.
3. Types of Solid Wastes Covered by the County Plan
The provisions of the County Plan shall apply to all solid wastes defined in N.J.S.A. 13:1E-3 and N.J.A.C. 7:26-2.13 including waste types 10, 13, 23, 25, and 27 and all applicable subcategories and shall not apply to liquid and hazardous wastes. All nonhazardous materials separated at the point of generation for sale or reuse are subject to regulation in accordance with N.J.A.C. 7:26A-1 et seq.
4. Certification to Proceed with Implementation of Amendment
This document shall serve as the certification of the Commissioner of the Department to the County Freeholders and pursuant to N.J.S.A. 13:1E-24c. and f., the County Freeholders shall proceed with the implementation of the approved components of the amendment certified herein.
For the purpose of this amendment and unless the context clearly requires a different meaning, the definitions of terms shall be the same as those found at N.J.S.A. 13:1E-3 and -99.12, N.J.A.C. 7:26-1.4, -2.13, and N.J.A.C. 7:26A-1.3.
6. Effective Date of Amendment
The approved components of the amendment to the County Plan contained herein shall take effect immediately.
7. Reservation of Authority
Nothing contained herein shall be construed as a limitation on any other action taken by the Department pursuant to its authority under the law. The County Plan, including any amendment made thereto, shall conform with the Statewide Solid Waste Management Plan, with appendices, which includes the Department's planning guidelines, rules, regulations, orders of the Department, and also includes the compilation of individual district plans and amendments as they are approved.
E. Certification of Approval, With Modification, of the Amendment by the Commissioner of the Department of Environmental Protection
In accordance with the requirements of N.J.S.A. 13:1E-1 et seq., I hereby approve, with modification, the amendment, as outlined in Section C. of this certification, to the Hudson County District Solid Waste Management Plan which was adopted by the Hudson County Board of Chosen Freeholders on December 14, 2000.
Date Bradley M. Campbell, Acting Commissioner
Department of Environmental Protection