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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection
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Solid and Hazardous Waste Management
Bureau of Landfills and Hazardous Waste Permitting
P O 420
Mail Code: 401-02C

401 East State Street
2nd Floor, West Wing
Trenton, New Jersey 08625-0420

Telephone: (609) 984-6985 Telecopier: (609) 633-9839
http://www.nj.gov/dep/dshw/lhwp/index.html

Lead-based Paint Abatement Debris Disposal
(Updated 10/16/2013)

 

 

The information outlined herein is intended to serve only as guidance to persons with questions concerning the management of lead-based paint debris. This guidance must be consulted in conjunction with the solid waste regulations at N.J.A.C. 7:26 et seq. and all other relevant regulations to fully understand the regulatory requirements for the management of lead-based paint debris. For the reader's convenience, an unofficial version of N.J.A.C. 7:26 et seq. can be found using the "NJ Regulations" selection on the Department's Solid and Hazardous Waste Management Program web page at http://www.state.nj.us./dep/dshw or directly by using the Web link http://www.state.nj.us./dep/dshw/resource/rules.htm . These are courtesy copies of the adoption. The official versions of these rules were published in the New Jersey Register. Should there be any discrepancies between this text and the official version of the adoption, the official version will govern. For more information, see the New Jersey Office of Administrative Law's Rules page. To obtain official copies of these regulations consult the NJDEP Office of Legal Affair's How to Get Copies of Departmental Rules page at http://www.state.nj.us/dep/legal/get_rule.htm.

Introduction
The purpose of this document is to provide information concerning the disposal of lead-based paint debris generated from abatement of residential architectural components containing lead-based paint. In the past, metal lead pigments have been used in the manufacture of paint because the pigments make the paint last longer and cling to surfaces better. Lead-based paint is no longer used in homes, on children's toys, or on household furniture. In 1978, the Consumer Product Safety Commission banned its sale for use in residences. There is a good chance that the paint used in the houses built prior to 1978 was lead-based paint. However, all surfaces may not contain lead-based paint. Lead-based paints were more expensive than the nonlead-based paints and were generally used in bathrooms and kitchens due to their mold resisting properties.

What Is Lead
Lead is a highly toxic metal. Exposure to lead can be dangerous, especially for children who are six years old and younger. Exposure to lead-contaminated dust derived from lead-based paint, not the lead-based paint itself, is the most common way to get lead poisoning.

Management and Disposal of Lead-based Paint Debris

The New Jersey Department of Environmental Protection (Department) regulates the management (storage, transportation and disposal) of the material (debris) generated from the abatement projects.

If the debris generated from abatement, renovation and remodeling activities meets the classification of "household waste" in accordance with the USEPA's memorandum dated July 31, 2000, Entitled "Regulatory Status of Waste Generated by Contractors and Residents from Lead-Based Paint Activities Conducted in Households", then under the Department's Solid Waste Rules at N.J.A.C. 7:26-2.13(g), the debris will be considered solid waste identified as ID 13C Construction and Demolition Waste. The debris waste must be transported by a transporter licensed by the Department to transport solid waste and must be disposed of at a permitted solid waste facility such as a landfill.

If the debris does not meet the classification of "household waste" in accordance with the USEPA's memorandum dated July 31, 2000, Entitled "Regulatory Status of Waste Generated by Contractors and Residents from Lead-Based Paint Activities Conducted in Households", and is generated from demolition activities, the generator must classify the material based on his/her knowledge or by collecting a representative sample(s) of the debris and analyzing the sample(s) of the material for Resource Conservation and Recovery Act (RCRA) Toxicity Characteristic (TC) of lead utilizing the USEPA's latest SW-846 Test Methods for Evaluating Solid Waste. If the concentration of lead is above 5.0 mg/l, the debris shall be classified as hazardous waste, EPA Hazardous Waste Number D008, and the debris must be managed as hazardous waste in accordance with hazardous waste generator requirements of 40 CFR Part 262 for storage, transportation and disposed of as such waste. The generator must also comply with the USEPA's Land Disposal Restrictions of 40 CFR Part 268. According to the USEPA's RCRA Hotline, the USEPA's December 18,1998 Proposed Rule for Temporary Suspension of Toxicity Characteristic for Lead-based Paint Debris may be finalized by August of 2001 then the debris can be managed in accordance with the requirements of that proposed rule. Pending the finalization of this proposed rule, a generator should continue to follow the current rules regarding the classification and management of such debris as described here. If the Toxicity Characteristic concentration of lead in the debris is less than 5.0 mg/l, the debris can be managed as ID 13C Construction and Demolition Waste as described above.

For further information concerning waste classification and disposal of lead-based paint debris in New Jersey landfills, contact the NJDEP’s Division of Solid and Hazardous Waste Management, Bureau of Landfill and Hazardous Waste Permitting at (609) 984-6985.

Lead-paint Abatement Contractors
The New Jersey Department of Community Affairs (DCA) is responsible for the evaluation and licensing of lead-paint abatement contractors. The DCA also has information available regarding the testing of surfaces for lead concentration. A list of the licensed contractors and the information regarding testing can be obtained from that office by calling 609-633-6224, or from the following web address;
http://www.state.nj.us/dca/divisions/codes/offices/leadhazard_abatement.html

Lead-paint Abatement Project Inspections
The routine inspections of ongoing lead-paint abatement projects are conducted by the New Jersey Department of Community Affairs Lead, as well as the Asbestos Program, Consumer and Environmental Health Services of the New Jersey Department of Health and Senior Services (DHSS). The DHSS can be reached at 609-826-4923 for further assistance.

Residential Lead-Based Paint Hazard Reduction Act
The Lead-Based Paint Hazard Reduction Act of 1992, known as "Title X", requires that most home buyers and renters receive known information on lead-based paint hazards during sales and rental of housing built before 1978. Sellers and landlords are required to provide a lead-based paint disclosure form and a Federal pamphlet, titled "Protect Your Family from Lead in Your Home", to the buyer or renter before the sale or lease of certain property. Landlords are also required to disclose information regarding lead-based paint to pre-existing tenants if the property was built prior to 1978. Congress passed Title X to protect families from exposure to lead by requiring disclosure of lead-based paint in residential property. Title X became effective for all residential property built before 1978 on December 6, 1996.

Telephone Numbers for Assistance
a. National Lead Information Center Hotline 1-800-424-5323

b. New Jersey Department of Health Childhood Lead Poisoning Prevention 609-292-5666.

c. USEPA Region 2, Regional Lead Contact 732-321-6671

d. Occupational Safety and Health Administration 800-321-67421

e. New Jersey Department of Environmental Protection Solid Waste Enforcement 609-292-6305

f. National Safety Council 630-285-1121


Reference Materials


a. USEPA's Memorandum dated July 31, 2000 from Elizabeth A. Cotsworth, Director, Office of Solid Waste to RCRA Senior Policy Advisors, EPA Regions 1-10 Subject "Regulatory Status of Waste Generated by Contractors and Residents from Lead-based Paint Activities Conducted in Households".

b. USEPA's Information Booklet titled "Lead In Your Home: A Parent's Reference Guide", Document Number EPA-747-B-98-002, dated June 1998.

c. New Jersey Department of Health's Booklet titled "Questions Parents Ask About Lead Poisoning".

d. New Jersey Department of Health's Booklet titled "Important Information for Homeowners & Renters about Lead Paint Hazards".

e. New Jersey Department of Community Affairs list of Lead-Paint Abatement Contractors.

f. 1. Summary of USEPA Propose Rule for Temporary Suspension of Toxicity Characteristic Rule for Lead-Based Paint Debris Federal Register December 18, 1998 (Volume 63, Number 243).

2. USEPA's Fact Sheet document number EPA-747-F-98-007, dated December 1998, Proposed Rule on the Management and Disposal of Lead Based Paint Debris.

3. USEPA's Fact Sheet document number EPA-747-F-98-006, dated December 1998 Generator's and Transporters' Responsibilities for Management and Disposal of Lead-based Paint Debris. 4. USEPA's Questions and Answers Proposed Rule on the Management and Disposal of Lead-based Paint Debris, document number EPA-747-F-98-005, dated December 1998.

Internet Web Page Addresses

New Jersey Department of Environmental Protection
http://www.state.nj.us/dep/dshw/rrtp/index.htm

New Jersey Department of Community Affairs
http://www.state.nj.us/dca/codes/code_services/clc.shtml

New Jersey Department of Health and senior Services
http://www.state.nj.us/health/eoh/leadasb/

U.S. Environmental Protection Agency
http://www.epa.gov/opptintr/lead/

National Safety Council
http://www.nsc.org/library/facts/lead.htm

U.S. Consumer Product
http://www.cpsc.gov/cpscpub/pubs/5054.html

Safety Commission
http://www.cpsc.gov/cpscpub/pubs/5055.html



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Last Updated: October 15, 2013