The following information is provided as guidance only
and is not a complete or judicial version of the regulations.
A complete version of the New Jersey Recycling Regulations
can be downloaded from the Internet at www.state.nj.us/dep/dshw.
The Federal Universal Waste Rule (40 CFR part 273) is
available at www.epa.gov.
Definitions
“Large quantity handler of universal waste”
means a universal waste handler who accumulates 5,000
kilograms or more, total, of universal waste (calculated
collectively) at any time. Such designation as a large
quantity handler of universal waste is retained through
the end of the calendar year in which 5,000 kilograms
or more total of universal waste is accumulated.
“Mercury-containing device” means any product
component which uses elemental mercury, sealed in an
ampule or other container, as a functional component.
Examples of mercury-containing devices include, but
are not limited to, mercury switches and thermometers.
“Small quantity handler of universal waste”
means a universal waste handler, as defined in this
section, who accumulates less than 5,000 kilograms total
of universal waste (all types of universal wastes calculated
collectively) at any time.
“Universal Waste handler” means a generator
of universal waste or the owner or operator of a facility,
including all contiguous property, that receives universal
waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another
universal waste handler, to a destination facility,
or to a foreign destination. “ Universal waste
handler” does not mean a person who treats (except
under the provisions of N.J.A.C. 7:26A-7.2(d)1 or 3,
or N.J.A.C. 7:26A-7.3(d)1 or 3), disposes of, or recycles
universal waste, or a person engaged in the off-site
transportation of universal waste by air, rail, highway,
or water, including a universal waste transfer facility.
Small Quantity Handler Requirements for Mercury Containing
Devices
(1) A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal
waste, except by responding to releases as provided
in 40 CFR 273.17; or by managing specific wastes as
provided in 40 CFR 273.13.
(2) A small quantity handler of universal waste is
not required to notify the Department of universal waste
handling activities.
(3) A small quantity handler of universal waste shall
manage universal waste mercury-containing devices in
a way that prevents releases of any universal waste
or component of a universal waste to the environment,
as follows:
(a) A small quantity handler of universal waste shall
contain any universal waste mercury-containing device
that shows evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable
conditions in a container. The container shall be closed,
structurally sound, compatible with the contents of
the mercury-containing device, and shall lack evidence
of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions;
(b) A small quantity handler of universal waste may
remove mercury-containing ampules from universal waste
mercury-containing devices provided the handler:
(i) Removes the ampules in a manner designed to prevent
breakage of the ampules;
(ii) Removes ampules only over or in a containment
device (for example, tray or pan sufficient to collect
and contain any mercury released from an ampule in case
of breakage);
(iii) Ensures that a mecury clean-up system is readily
available to immediately transfer any mercury resulting
from spills or leaks from broken ampules, from the containment
device to a container that meets the requirements of
40 C.F.R. 262.34 as incorporated by reference at N.J.A.C.
7:26G-6;
(iv) Immediately transfers any mercury resulting from
spills or leaks from broken ampules from the containment
device to a container that meets the requirements of
40 C.F.R. 262.34 as incorporated by reference at N.J.A.C.
7:26G-6;
(v) Ensures that the area in which ampules are removed
is well ventilated and monitored to ensure compliance
with applicable Occupational Safety and Health Administration
(OSHA) permissible exposure levels for mercury;
(vi) Ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment
devices to appropriate containers;
(vii) Stores removed ampules in closed, non-leaking
containers that are in good condition; and
(viii) Packs removed ampules in the container with
packing materials adequate to prevent breakage during
storage, handling, and transportation.
(c) A small quantity handler of universal waste who
generates solid waste as a result of the activities
listed above, shall classify that waste and handle it
appropriately. The following are the classification
standards of residues and other solid waste from the
mercury-containing devices:
(i) A small quantity handler of universal waste who
removes mercury-containing ampules from mercury-containing
devices shall determine whether the following exhibit
a characteristic of hazardous waste identified in 40
C.F.R. Part 261, subpart C as incorporated by reference
at N.J.A.C. 7:26G-5:
(A) Mercury or clean-up residues resulting from spills
or leaks;
(B) Other solid waste generated as a result of the removal
of mercury-containing ampules (for example, remaining
mercury switches units);
(ii) If the mercury, residues, or other solid waste
exhibit a characteristic of hazardous waste, it shall
be managed in compliance with all applicable hazardous
waste management requirements of N.J.A.C. 7:26G. The
handler is considered the generator of the mercury,
residues, or other waste and shall manage it subject
to N.J.A.C. 7:26G-6; and
(iii) If the mercury, residues, or other solid waste
is not hazardous, the handler may manage the waste in
any way that is in compliance with N.J.A.C. 7:26.
(4) Universal waste mercury-containing devices shall
be clearly labeled or marked individually or by closed
container with the following phrase: “Universal
Waste – Mercury-Containing Devices”.
(5) A small quantity handler of universal waste may
accumulate universal waste for no longer than one year
from the date the universal waste is generated, or received
from another handler, unless the requirements of paragraph
(6) of this section are met.
(6) A small quantity handler of universal waste may
accumulate universal waste for longer than one year
from the date the universal waste is generated, or received
from another handler, if such activity is solely for
the purpose of accumulation of such quantities ofuniversal
waste as necessary to facilitate proper recovery, treatment,
or disposal. However, the handler bears the burden of
proving that such activity is solely for the purpose
of accumulation of such quantities of universal waste
as necessary to facilitate proper recovery, treatment,
or disposal.
(7) A small quantity handler of universal waste who
accumulates universal waste must be able to demonstrate
the length of time that the universal waste has been
accumulated from the date it becomes a waste or is received.
The handler may make this demonstration by:
(a) Placing the universal waste in a container and
marking or labeling the container with the earliest
date that any universal waste in the container became
a waste or was received;
(b) Marking or labeling each individual item of universal
waste (e.g., each battery or thermostat) with the date
it became a waste or was received;
(c) Maintaining an inventory system on-site that identifies
the date each universal waste became a waste or was
received;
(d) Maintaining an inventory system on-site that identifies
the earliest date that anyuniversal waste in a group
of universal waste items or a group of containers ofuniversal
waste became a waste or was received;
(e) Placing the universal waste in a specific accumulation
area and identifying the earliest date that any universal
waste in the area became a waste or was received; or
(f) Any other method which clearly demonstrates the
length of time that the universal waste has been accumulated
from the date it becomes a waste or is received.
(8) A small quantity handler of universal waste must
inform all employees who handle or have responsibility
for managing universal waste. The information must describe
proper handling and emergency procedures appropriate
to the type(s) of universal waste handled at the facility.
(9) A small quantity handler of universal waste must
immediately contain all releases of universal wastes
and other residues from universal wastes.
(10) A small quantity handler of universal waste must
determine whether any material resulting from the release
is hazardous waste, and if so, must manage the hazardous
waste in compliance with all applicable requirements
of 40 CFR parts 260 through 272. The handler is considered
the generator of the material resulting from the release,
and must manage it in compliance with 40 CFR part 262.
(11) A small quantity handler of universal waste is
prohibited from sending or taking universal waste to
a place other than another universal waste handler,
a destination facility, or a foreign destination.
(12) If a small quantity handler of universal waste
self-transports universal waste off-site, the handler
becomes a universal waste transporter for those self-transportation
activities and must comply with the transporter requirements
of 40 CFR parts 273.50 through 273.56 while transporting
the universal waste.
(13) If a universal waste being offered for off-site
transportation meets the definition of hazardous materials
under 49 CFR parts 171 through 180, a small quantity
handler ofuniversal waste must package, label, mark
and placard the shipment, and prepare the proper shipping
papers in accordance with the applicable Department
of Transportation regulations under 49 CFR parts 172
through 180;
(14) Prior to sending a shipment of universal waste
to another universal waste handler, the originating
handler must ensure that the receiving handler agrees
to receive the shipment.
(15) If a small quantity handler of universal waste
sends a shipment of universal waste to another handler
or to a destination facility and the shipment is rejected
by the receiving handler or destination facility, the
originating handler must either:
(a) Receive the waste back when notified that the shipment
has been rejected, or
(b) Agree with the receiving handler on a destination
facility to which the shipment will be sent.
(16) A small quantity handler of universal waste may
reject a shipment containing universal waste, or a portion
of a shipment containing universal waste that he has
received from another handler. If a handler rejects
a shipment or a portion of a shipment, he must contact
the originating handler to notify him of the rejection
and to discuss reshipment of the load. The handler must:
(a) Send the shipment back to the originating handler,
or
(b) If agreed to by both the originating and receiving
handler, send the shipment to a destination facility.
(17) If a small quantity handler of universal waste
receives a shipment containing hazardous waste that
is not a universal waste, the handler must immediately
notify the Department of the illegal shipment, and provide
the name, address, and phone number of the originating
shipper. The Department will provide instructions for
managing the hazardous waste.
(18) If a small quantity handler of universal waste
receives a shipment of non-hazardous, non-universal
waste, the handler may manage the waste in any way that
is in compliance with applicable federal, state or local
solid waste regulations.
(19) A small quantity handler of universal waste is
not required to keep records of shipments ofuniversal
waste.
(20) A small quantity handler of universal waste who
sends universal waste to a foreign destination other
than to those OECD countries specified in 40 CFR 262.58(a)(1)
(in which case the handler is subject to the requirements
of 40 CFR part 262, subpart H) must:
(a) Comply with the requirements applicable to a primary
exporter in 40 CFR 262.53, 262.56(a)(1) through (4),
(6), and (b), and 262.57;
(b) Export such universal waste only upon consent of
the receiving country and in conformance with the EPA
Acknowledgement of Consent as defined in 40 CFR part
262, subpart E; and
(c) Provide a copy of the EPA Acknowledgment of Consent
for the shipment to the transporter transporting the
shipment for export.
Large Quantity Handler Requirements for Mercury-Containing
Devices
(1) A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal
waste, except by responding to releases as provided
in 40 CFR 273.37; or by managing specific wastes as
provided in 40 CFR 273.33.
(2) Except as provided in paragraph (3) of this section,
a large quantity handler of universal waste must have
sent written notification of universal waste management
to the Department, and received an EPA Identification
Number, before meeting or exceeding the 5,000 kilogram
storage limit.
(3) A large quantity handler of universal waste who
has already notified EPA of his hazardous waste management
activities and has received an EPA Identification Number
is not required to renotify under this section.
(4) This notification must include:
(a) The universal waste handler's name and mailing
address;
(b) The name and business telephone number of the person
at the universal waste handler's site who should be
contacted regarding universal waste management activities;
(c) The address or physical location of the universal
waste management activities;
(d) A list of all the types of universal waste managed
by the handler (e.g., batteries, pesticides, thermostats,
lamps);
(e) A statement indicating that the handler is accumulating
more than 5,000 kg of universal waste at one time and
the types of universal waste (e.g., batteries, pesticides,
thermostats, and lamps) the handler is accumulating
above this quantity.
(5) A large quantity handler of universal waste shall
manage universal waste mercury-containing devices in
a way that prevents releases of any universal waste
or component of a universal waste to the environment,
as follows:
(a) A large quantity handler of universal waste shall
contain any universal waste mercury-containing device
that shows evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable
conditions in a container. The container shall be closed,
structurally sound, compatible with the contents of
the mercury-containing devices, and shall lack evidence
of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions.
(b) A large quantity handler of universal waste may
remove mercury-containing ampules from universal waste
mercury-containing devices provided the handler:
(i) Removes the ampules in a manner designed to prevent
breakage of the ampules;
(ii) Removes ampules only over or in a containment
device (for example, tray or pan sufficient to collect
and contain any mercury released from an ampule in case
of breakage);
(iii) Ensures that a mercury clean-up system is readily
available to immediately transfer any mercury resulting
from spills or leaks from broken ampules, from the containment
device to a container that meets the requirements of
40 C.F.R. 262.34 as incorporated by reference at N.J.A.C.
7:26G-6;
(iv) Immediately transfers any mercury resulting from
spills or leaks from broken ampules from the containment
device to a container that meets the requirements of
40 C.F.R. 262.34 as incorporated by reference at N.J.A.C.
7:26G-6;
(v) Ensures that the area in which ampules are removed
is well ventilated and monitored to ensure compliance
with applicable Occupational Safety and Health Administration
(OSHA) permissible exposure levels for mercury;
(vi) Ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment
devices to appropriate containers;
(vii) Stores removed ampules in closed, non-leaking
containers that are in good condition; and
(viii) Packs removed ampules in the container with
packing materials adequate to prevent breakage during
storage, handling, and transportation; and
(c) The following are the classification standards
of residues and other solid waste from the mercury-containing
devices:
(i) A large quantity handler of universal waste who
removes mercury-containing ampules from mercury-containing
devices shall determine whether the following exhibit
a characteristic of hazardous waste identified in 40
CFR part 261, subpart C as incorporated by reference
at N.J.A.C. 7:26G-5;
(1) Mercury or clean-up residues resulting from spills
or leaks; and
(2) Other solid waste generated as a result of the
removal of mercury-containing ampules (for example,
remaining mercury switches units);
(ii) If the mercury, residues, and/or other solid waste
exhibit a characteristic of hazardous waste, it shall
be managed in compliance with all applicable hazardous
waste management requirements of N.J.A.C. 7:26G. The
handler is considered the generator of the mercury,
residues, and/or other waste and shall manage it subject
to N.J.AC. 7:26G-6; and
(iii) If the mercury, residues, and/or other solid
waste is not hazardous, the handler may manage the waste
in any way that is in compliance with N.J.A.C. 7:26.
(6) Universal waste mercury-containing devices shall
be clearly labeled or marked individually or by closed
container with the following phrase: “Universal
Waste – Mercury-containing Devices”.
(7) A large quantity handler of universal waste may
accumulate universal waste for no longer than one year
from the date the universal waste is generated, or received
from another handler, unless the requirements of paragraph
(9) of this section are met.
(8) A large quantity handler of universal waste may
accumulate universal waste for longer than one year
from the date the universal waste is generated, or received
from another handler, if such activity is solely for
the purpose of accumulation of such quantities ofuniversal
waste as necessary to facilitate proper recovery, treatment,
or disposal. However, the handler bears the burden of
proving that such activity was solely for the purpose
of accumulation of such quantities of universal waste
as necessary to facilitate proper recovery, treatment,
or disposal.
(9) A large quantity handler of universal waste must
be able to demonstrate the length of time that the universal
waste has been accumulated from the date it becomes
a waste or is received. The handler may make this demonstration
by:
(a) Placing the universal waste in a container and
marking or labeling the container with the earliest
date that any universal waste in the container became
a waste or was received;
(b) Marking or labeling the individual item of universal
waste (e.g., each battery or thermostat) with the date
it became a waste or was received;
(c) Maintaining an inventory system on-site that identifies
the date the universal waste being accumulated became
a waste or was received;
(d) Maintaining an inventory system on-site that identifies
the earliest date that anyuniversal waste in a group
of universal waste items or a group of containers ofuniversal
waste became a waste or was received;
(e) Placing the universal waste in a specific accumulation
area and identifying the earliest date that any universal
waste in the area became a waste or was received; or
(f) Any other method which clearly demonstrates the
length of time that the universal waste has been accumulated
from the date it becomes a waste or is received.
(10) A large quantity handler of universal waste must
ensure that all employees are thoroughly familiar with
proper waste handling and emergency procedures, relative
to their responsibilities during normal facility operations
and emergencies.
(11) A large quantity handler of universal waste must
immediately contain all releases of universal wastes
and other residues from universal wastes.
(12) A large quantity handler of universal waste must
determine whether any material resulting from the release
is hazardous waste, and if so, must manage the hazardous
waste in compliance with all applicable requirements
of 40 CFR parts 260 through 272. The handler is considered
the generator of the material resulting from the release,
and is subject to 40 CFR part 262.
(13) A large quantity handler of universal waste is
prohibited from sending or taking universal waste to
a place other than another universal waste handler,
a destination facility, or a foreign destination.
(14) If a large quantity handler of universal waste
self-transports universal waste off-site, the handler
becomes a universal waste transporter for those self-transportation
activities and must comply with the transporter requirements
of 40 CFR part 273, subpart D while transporting the
universal waste.
(15) If a universal waste being offered for off-site
transportation meets the definition of hazardous materials
under 49 CFR 171 through 180, a large quantity handler
of universal waste must package, label, mark and placard
the shipment, and prepare the proper shipping papers
in accordance with the applicable Department of Transportation
regulations under 49 CFR parts 172 through 180;
(16) Prior to sending a shipment of universal waste
to another universal waste handler, the originating
handler must ensure that the receiving handler agrees
to receive the shipment.
(17) If a large quantity handler of universal waste
sends a shipment of universal waste to another handler
or to a destination facility and the shipment is rejected
by the receiving handler or destination facility, the
originating handler must either:
(a) Receive the waste back when notified that the shipment
has been rejected, or
(b) Agree with the receiving handler on a destination
facility to which the shipment will be sent.
(18) A large quantity handler of universal waste may
reject a shipment containing universal waste, or a portion
of a shipment containing universal waste that he has
received from another handler. If a handler rejects
a shipment or a portion of a shipment, he must contact
the originating handler to notify him of the rejection
and to discuss reshipment of the load. The handler must:
(a) Send the shipment back to the originating handler,
or
(b) If agreed to by both the originating and receiving
handler, send the shipment to a destination facility.
(19) If a large quantity handler of universal waste
receives a shipment containing hazardous waste that
is not a universal waste, the handler must immediately
notify the appropriate regional EPA office of the illegal
shipment, and provide the name, address, and phone number
of the originating shipper. The EPA regional office
will provide instructions for managing the hazardous
waste.
(20) If a large quantity handler of universal waste
receives a shipment of non-hazardous, non-universal
waste, the handler may manage the waste in any way that
is in compliance with applicable federal, state or local
solid waste regulations.
(21) Receipt of shipments. A large quantity handler
of universal waste must keep a record of each shipment
of universal waste received at the facility. The record
may take the form of a log, invoice, manifest, bill
of lading, or other shipping document. The record for
each shipment of universal waste received must include
the following information:
(a) The name and address of the originating universal
waste handler or foreign shipper from whom the universal
waste was sent;
(b) The quantity of each type of universal waste received
(e.g., batteries, pesticides, thermostats);
(c) The date of receipt of the shipment of universal
waste.
(22) Shipments off-site. A large quantity handler of
universal waste must keep a record of each shipment
of universal waste sent from the handler to other facilities.
The record may take the form of a log, invoice, manifest,
bill of lading or other shipping document. The record
for each shipment of universal waste sent must include
the following information:
(a) The name and address of the universal waste handler,
destination facility, or foreign destination to whom
the universal waste was sent;
(b) The quantity of each type of universal waste sent
(e.g., batteries, pesticides, thermostats);
(c) The date the shipment of universal waste left the
facility.
(23) A large quantity handler of universal waste must
retain the records described in paragraph (21) of this
section for at least three years from the date of receipt
of a shipment ofuniversal waste.
(24) A large quantity handler of universal waste must
retain the records described in paragraph (22) of this
section for at least three years from the date a shipment
of universal waste left the facility.
(25) A large quantity handler of universal waste who
sends universal waste to a foreign destination other
than to those OECD countries specified in 40 CFT 262.58(a)(1)
(in which case the handler is subject to the requirements
of 40 CFR part 262, subpart H) must:
(a) Comply with the requirements applicable to a primary
exporter in 40 CFR 262.53, 262.56(a)(1) through (4),
(6), and (b), and 262.57;
(b) Export such universal waste only upon consent of
the receiving country and in conformance with the EPA
Acknowledgement of Consent as defined in 40 CFR part
262, subpart E; and
(c) Provide a copy of the EPA Acknowledgement of Consent
for the shipment to the transporter transporting the
shipment for export.