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
984-6985 Telecopier: (609) 633-9839
Lead-based Paint Abatement
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.
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;
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
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
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
f. National Safety Council 630-285-1121
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
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
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
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
New Jersey Department of Community Affairs
New Jersey Department of Health and senior Services
U.S. Environmental Protection Agency
National Safety Council
U.S. Consumer Product