NJDEP-Compliance & Enforcement

Compliance Assistance Resources - Solid Waste Checklists

Rail Carrier Transfer and Tipping Requirements (SW68)
Requirement Description	Compliance Status	Compliance Comments
RAIL CARRIER TRANSFER REQUIREMENTS.
Does rail carrier ensure putrescible waste does not remain for more than 72 hours, nonputrescible waste does not remain for more than 10 days, and nonputrescible ID 72 waste in sealed containers waste does not remain for more than 180 days? [N.J.A.C. 7:26-2D.1(c)2i]
Does rail carrier ensure solid waste received, stored or transferred at the facility is contained in sealed containers which do not leak any liquids or solid materials? Does rail carrier not open these containers for any purpose at the facility, except that an ID 72 liquid solid waste container may be opened briefly for the purpose of sampling the liquid provided the container is immediately resealed? [N.J.A.C. 7:26-2D.1(c)2ii]
Does rail carrier ensure operation does not result in the migration of odors outside the confines of the rail carrier's property or the emission, except by locomotive or locomotive engine, of air contaminants in violation of N.J.A.C. 7:27-5.2(a)? [N.J.A.C. 7:26-2D.1(c)2iii]
Does rail carrier ensure that all solid waste containers staged or stored at the facility are secured at all times in a manner that prevents unauthorized access to the containers and their contents? [N.J.A.C. 7:26-2D.1(c)2iv]
Does rail carrier maintain an adequate water supply and adequate fire-fighting equipment to extinguish any and all types of fires? Has rail carrier posted fire-fighting procedures, including the telephone numbers of local fire, police, ambulance and hospital facilities, in and around the facility at all times? [N.J.A.C. 7:26-2D.1(c)2v]
Does rail carrier ensure no queuing or staging of solid waste vehicles occurs on public roadway? [N.J.A.C. 7:26-2D.1(c)2vi]
Does rail carrier ensure queuing and staging of solid waste vehicles is conducted to prevent traffic backups and related hazards on access roads servicing facility? [N.J.A.C. 7:26-2D.1(c)2vii]
Are facilities and all appurtenances, other than those owned or operated by rail carriers, including vehicles while on-site, positioned and buffered in such a manner that sound levels generated by the operation do not exceed limits established pursuant to the Noise Control rules, N.J.A.C. 7:29, and does rail carrier at all times comply with the noise emission standards set forth in Title 49 C.F.R. Part 210, and any applicable regulation promulgated pursuant to the State Noise Control Act, N.J.S.A. 13:1G-1 et seq? [N.J.A.C. 7:26-2D.1(c)2viii]
Does rail carrier only admit at the facility solid waste vehicles properly registered, pursuant to N.J.A.C. 7:26-3, with the Division of Solid and Hazardous Waste, unless exempt from the registration requirement pursuant to N.J.A.C. 7:26-3.3, and displaying the appropriate registration number and solid waste decal? [N.J.A.C. 7:26-2D.1(c)2ix]
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]
Did facility operator or its designee immediately report any release or discharge of solid waste that would harm human health and the environment to the DEP Emergency Response 24-hour Hotline at 1-877-WARNDEP? Did the report specify the type of substance discharged and the estimated quantity, the nature of the discharge, the location of the discharge, any action being taken or proposed to be taken in order to mitigate the discharge, and any other information concerning the incident the Department requested at the time of notification? [N.J.A.C. 7:26-2D.1(c)2xi]
Did facility designate an on-site emergency coordinator who was available during all hours of operation for the purpose of handling emergency situations, such as, but not limited to, spills, discharges or releases of solid wastes at the facility? [N.J.A.C. 7:26-2D.1(c)2xii]
Does facility maintain daily records of waste received in accordance with N.J.A.C. 7:26-3.6(h)l, and submit quarterly reports within 20 days of the end of each calendar quarter summarizing waste receipts in accordance with N.J.A.C. 7:26-3.6(h)2? [N.J.A.C. 7:26-2D.1(c)2xiii]
Note: Any rail carrier that fails to operate in compliance with the requirements of this section shall be subject to all applicable penalties pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and N.J.A.C. 7:26-5. [N.J.A.C. 7:26-2D.1(c)2xiv]
RAIL CARRIER TRANSFER AND TIPPING REQUIREMENTS.
Does all facility processing, tipping, sorting, loading, storage and compaction of materials (that is, solid waste and mixtures of solid waste and recyclable materials) occur within the confines of an enclosed building that complies with all requirements of the Uniform Construction Code? [N.J.A.C. 7:26-2D.1(d)1]
Does facility have concrete or equivalent tipping floors or ramps to ensure proper containment and channeling of wastewater to sanitary sewer connections or holding tanks and constructed to withstand heavy vehicle usage, in compliance with applicable rules regarding the discharge of wastewater and the utilization of holding tanks at N.J.A.C. 7:14B? [N.J.A.C. 7:26-2D.1(d)2]
Does facility have a system that collects, stores, and properly disposes of wastewater generated during normal operations, including wash-out and cleaning of equipment, trucks, and floors, in compliance with the applicable rules regarding wastewater and stormwater management at N.J.A.C. 7:14A? [N.J.A.C. 7:26-2D.1(d)3]
Does operator clean each area where waste has been deposited or stored within each 24-hour period? [N.J.A.C. 7:26-2D.1(d)4]
Was no waste stored overnight without effective treatment to prevent odors associated with putrefaction? [N.J.A.C. 7:26-2D.1(d)5]
Is facility maintaining property surrounding the actual waste management area free of litter, debris, and accumulations of unprocessed waste, process residuals and effluents? Did facility implement methods (such as fencing) to effectively control windblown papers and other lightweight materials? [N.J.A.C. 7:26-2D.1(d)6]
Is facility implementing methods to effectively control dust in order to prevent migration outside the enclosed building and off-site? [N.J.A.C. 7:26-2D.1(d)7]
Note: The operation shall not result in the migration of odors outside the confines of the enclosed building or the emission of air contaminants, except by locomotive or locomotive engine, in violation of N.J.A.C. 7:27-5.2(a). [Potential violations will be addressed by NJDEP air enforcement program.]. [N.J.A.C. 7:26-2D.1(d)8]
Does rail carrier maintain an adequate water supply and adequate fire-fighting equipment to extinguish any and all types of fires? Has rail carrier posted fire-fighting procedures, including the telephone numbers of local fire, police, ambulance and hospital facilities, in and around the facility at all times? [N.J.A.C. 7:26-2D.1(d)9]
Does operator effectively control insects, other arthropods and rodents at the facility by means of a program in compliance with N.J.A.C. 7:30, and implemented by an applicator of pesticides, certified in accordance with the New Jersey Pesticide Control Code, N.J.A.C. 7:30? [N.J.A.C. 7:26-2D.1(d)10]
Does facility operate certified scales for the reporting requirements of N.J.A.C. 7:26-2.13 for waste transported by trucks? [N.J.A.C. 7:26-2D.1(d)11]
Do facilities' on-site roadways and storage areas have concrete or asphalt paving in those areas subject to vehicle loading and unloading activities? [N.J.A.C. 7:26-2D.1(d)12]
Does rail carrier ensure no queuing or staging of solid waste vehicles occurs on public roadway? [N.J.A.C. 7:26-2D.1(d)13]
Does rail carrier ensure queuing and staging of solid waste vehicles is conducted to prevent traffic backups and related hazards on access roads servicing facility? [N.J.A.C. 7:26-2D.1(d)14]
Are facilities and all appurtenances, other than those owned or operated by rail carriers, including vehicles while on-site, positioned and buffered in such a manner that sound levels generated by the operation do not exceed limits established pursuant to the Noise Control rules, N.J.A.C. 7:29, and does rail carrier at all times comply with the noise emission standards set forth in Title 49 C.F.R. Part 210, and any applicable regulation promulgated pursuant to the State Noise Control Act, N.J.S.A. 13:1G-1 et seq? [N.J.A.C. 7:26-2D.1(d)15]
Does rail carrier only admit at the facility solid waste vehicles properly registered, pursuant to N.J.A.C. 7:26-3, with the Division of Solid and Hazardous Waste, unless exempt from the registration requirement pursuant to N.J.A.C. 7:26-3.3, and displaying the appropriate registration number and solid waste decal? [N.J.A.C. 7:26-2D.1(d)16]
Did facility designate a secure area under the facility's control, located at a safe distance from the tipping area, where solid waste may be unloaded from those solid waste vehicles that are either exempt from registration requirements of N.J.A.C. 7:26-3.3 or which must be manually unloaded? [N.J.A.C. 7:26-2D.1(d)17]
Did facility establish a separate secure area for the drop-off and/or transfer of asbestos and asbestos-containing waste material (ACWM)? Did the facility ensure that the container used for dropoff and/or transfer is fully enclosed and located on an impermeable surface? Was no person other than facility personnel or a licensed commercial asbestos removal contractor allowed to load the asbestos or ACWM into the container used for drop-off and/or transfer? [N.J.A.C. 7:26-2D.1(d)18]
Does rail carriers only pump ID 72 liquid waste directly from or to rail cars and other transportation vehicles when all loading and unloading areas employed are equipped with a means of secondary containment or diversion designed to prevent leaked waste from being discharged to the environment? Does the secondary containment or diversion system block all probable routes by which leaked waste could reasonably be expected to become discharge and have a capacity to contain the volume of the largest compartment in any tank car or tank truck utilizing the area? [N.J.A.C. 7:26-2D.1(d)19i]
Does rail carrier not store ID 72 wastes other than in containers and/or aboveground tanks? [N.J.A.C. 7:26-2D.1(d)19ii]
Are containers and aboveground tanks used to store ID 72 liquid wastes in good condition (no severe rusting, apparent structural defects or deterioration) and not leaking (no visible leaks)? [N.J.A.C. 7:26-2D.1(d)19iii]
Are containers and aboveground tanks equipped with a secondary containment system consisting of dikes, berms, or retaining walls, and a floor that covers the entire area within the secondary containment system and sufficiently impervious to waste materials to prevent any waste materials released into the contaminant system from migrating out of the system to the soil, groundwater or surface water? [N.J.A.C. 7:26-2D.1(d)19iv]
Does the facility shall obtain a detailed chemical and physical analysis of a representative sample of the waste before facility receives, stores, or transfers ID 72 liquid waste? Does the analysis contain all of the information that must be known to receive, store or transfer the waste? [Note: This analysis may include published or documented data on the waste, or on wastes generated in similar processes.] Is the analysis repeated as necessary to ensure it is accurate and up to date? [N.J.A.C. 7:26-2D.1(d)19v]
Does rail carriers which receiving, storing or transferring incompatible wastes or mixtures of incompatible wastes and other materials take precautions to prevent reactions that generate extreme heat or pressure, fire or explosions, or violent reactions; produce uncontrolled toxic mists, fumes or gases in sufficient quantities to threaten human health or the environment; produce uncontrolled flammable fumes or gases in sufficient quantities to pose risk of fires or explosions; damage the structural integrity of the equipment or the facility; or through other like means threaten human health or the environment? Does the facility document compliance with precautions upon request by the Department of Environmental Protection? Note: This documentation may be based on references to published scientific literature, data from trial tests (for example, bench scale or pilot scale tests), waste analysis, or the results of treatment of similar wastes by similar treatment processes and under similar operating conditions. [N.J.A.C. 7:26-2D.1(d)19vi]
Upon detection of a release of ID 72 liquid waste to the environment, did the facility stop the release; contain the released material; clean up and properly manage the released wastes and other materials; and if necessary, repair and replace any leaking storage or treatment containers or tanks prior to returning them to service? [N.J.A.C. 7:26-2D.1(d)19vii]
Note: A rail facility shall not accept or in any manner handle hazardous waste as defined at N.J.S.A. 13:1E-38 or regulated medical waste as defined at N.J.S.A. 13:1E-48.3 except in compliance with all applicable requirements for such activities pursuant to this chapter and N.J.A.C. 7:26G. If the facility inadvertently accepts an unauthorized waste type, the facility shall immediately report the event to the Department's Hotline at 1-877-WARNDEP, and place the waste in a secure area under the facility's control, located a safe distance away from active waste areas, until the operator receives instruction from the Department as to the proper disposal of the waste. [N.J.A.C. 7:26-2D.1(d)20]
Does rail carrier ensure putrescible waste does not remain for more than 72 hours, nonputrescible waste does not remain for more than 10 days, and nonputrescible ID 72 waste in sealed containers waste does not remain for more than 180 days? [N.J.A.C. 7:26-2D.1(d)21]
Did facility implement effective security procedures to control entry and exit at all times? [N.J.A.C. 7:26-2D.1(d)22]
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 any release or discharge of solid waste at the rail facility immediately reported by the facility operator or its designee to the DEP Emergency Response 24-hour Hotline at 1-877-WARNDEP? Did the report specify the type of substance discharged and the estimated quantity, the nature of the discharge, the location of the discharge, any action being taken or proposed to be taken in order to mitigate the discharge, and any other information concerning the incident the Department may request at the time of notification? [N.J.A.C. 7:26-2D.1(d)24]
Did rail carrier designate an on-site emergency coordinator who was available during all hours of operation for the purpose of handling emergency situations, such as, but not limited to, spills, discharges or releases of solid wastes at the facility? [N.J.A.C. 7:26-2D.1(d)25]
Note: Any rail facility that fails to operate in compliance with the requirements of this section shall be subject to all applicable penalties pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and N.J.A.C. 7:26-5. [N.J.A.C. 7:26-2D.1(d)26]
Does the facility maintain a daily record of wastes received and does the record include the information specified in N.J.A.C. 7:26-2.13(a)? [N.J.A.C. 7:26-2D.1(d)27i]
Is the daily record maintained, kept, and available for inspection in accordance with N.J.A.C. 7:26-2.13(b)? [N.J.A.C. 7:26-2D.1(d)27ii]
Does the facility verify, retain, and make available for inspection a waste origin/disposal (0 and D) form for each load of solid waste received in accordance with N.J.A.C. 7:26-2.13(c)? [N.J.A.C. 7:26-2D.1(d)27iii]
Did the facility submit monthly summaries of wastes received to the Division of Solid and Hazardous Waste, Bureau of Recycling and Planning and the solid waste coordinator for the county in which the facility is located on forms provided by the Department (or duplicates of same), no later than 20 days after the last day of each month. The monthly summaries shall include the information specified in N.J.A.C. 7:26-2.13(e). [N.J.A.C. 7:26-2D.1(d)27iv]