Part I: Instructions for Completing the Certificate
of Authority to Operate (CAO) a Beneficial Use Project Application
Form
Revision Date: 08/06/2019
The following information including
any required application fees should be submitted to obtain
a Certificate of Authority to Operate a Beneficial Use Project.
Answer all questions. Should you have any questions in completing
this form, do not hesitate to call (609) 984-3438 between the
hours of 9:00 a.m. and 4:00 p.m. and ask for a representative
of the Beneficial Use Section. Information about Beneficial
Use is also available at our web site located at the following
address: https://www.state.nj.us/dep/dshw/rrtp/bud.htm.
Submitting insufficient information and/or data may cause processing
delays with your application.
In order for a material to qualify for an exemption
in accordance with the Beneficial Use regulations found at N.J.A.C.
7:26-1.1 et seq., specifically N.J.A.C. 7:26-1.7(g) under the
regulations, the generator must certify the material proposed
for beneficial use was analyzed or does not meet any other criteria
or characteristic and be free of any other contaminant, including
radiological properties, or waste that would: 1) cause the material
to be classified as a hazardous waste in New Jersey; 2) make
the material subject to Land Disposal Restrictions at 40 C.F.R.268; 3) otherwise make the material ineligible for
consideration for regulation pursuant to N.J.A.C. 7:26-1.7(g);
or 4) prevent the material from providing a beneficial use either
as a raw material or directly as a product in the uses to which
it is applied. The Beneficial Use regulations at N.J.A.C. 7:26-1.7(g)
require that materials must be able to be shown to meet the
same general physical character and chemical composition that
is consistently equivalent to or exceeds the character and composition
of the intentionally-manufactured product that it is replacing
and the material does not present a greater risk to human health
or the environment than the use of the product or raw material
it is replacing. The Department also must issue certificates
of authority for beneficial use projects in accord with, but
not limited to, the Solid Waste Management Act, the Water Pollution
Control Act and the Air Pollution Control Act.
For out-of-state beneficial use for material
that was generated within New Jersey, only the following applicable
questions of the application must be completed: Questions
1 through 4, 5(a), (b), (c), 6(a), (b), (c), (e) and (f),
and 10 through 14. Note that for out-of-State and in-State
uses, the Department will share all information, such as material
history, enforcement issues, analytical data and related information
concerning the material with the receiving facility, related
parties of interest and relevant State regulatory agencies
during the application review and confirmation process. Submit
one original signed copy of this form and all attachments
necessary to accurately answer all questions. (Include any
other related and applicable information as attachments.)
Question 1: Owner Identification
Enter the name, address, block(s), lot(s), and telephone
number of the facility of the generator/owner who originally
produced the material and who is seeking to operate the proposed
beneficial use project.
Question 2: Destination Site Identification
Enter the name, address and telephone number of the owner/operator
of the destination site that will be utilizing the material
from the proposed beneficial use project.
Note that for out-of-State and in-State uses,
the Department will share all information, such as material
history, enforcement issues, analytical data and related information
concerning the material with the receiving facility, related
parties of interest and relevant State regulatory agencies during
the application review and confirmation process.
Question 3: Project Contact Person
Enter the name, title, company affiliation, and address
of the person who will be dealing with the Department with respect
to the proposed beneficial use project.
Question 4: Name of Material
Self-explanatory
Question 5: Material Qualifications
In order for a material to qualify for an exemption under
the Beneficial Use regulations, the generator must certify the
material proposed for beneficial use was analyzed or does not
meet any other criteria or characteristic and be free of any
other contaminant or waste that would:
(a) Cause the material to be classified as a hazardous
waste in New Jersey;
(b) Make the material subject to Land Disposal
Restrictions at 40 C.F.R. 268;
(c) Otherwise make the material ineligible for
consideration for regulation pursuant to N.J.A.C. 7:26-1.7(g).
Question 6: Beneficial Use Project Description
(a) Enter the description of the specific location of the
site of origin, including a description of the location of the
material onsite.
(b) Provide a description of both the current
and historic land use of the site from which the material was
generated, information regarding aquifer classifications (if
required), the date(s) the material was generated, reasons for
the generation of the material and/ or the process by which
the material was generated.
(c) Describe any activities (i.e., regulatory,
enforcement, or inspections) conducted by the Department orany
other agency at the material's site of origin. This is only
requested for in-state use of the material.
(d) Describe any activities (i.e., regulatory,
enforcement, or inspections) conducted by the Department or
any other agency at the material's destination site. This is
only requested for in-state use of the material.
(e) Self-explanatory
(f) Self-explanatory
(g) Provide a site map of the location where the
material is to be used, plotted on a USGS topographic map (contours
at two-foot intervals). This is only requested for in-state
use of the material.
(h) Provide a project site map, drawn to scale
not larger than 1 inch equal to 100 feet, of the location where
the material is to be used indicating, at a minimum, wetlands,
tidal water limits and depth to mean seasonal high water table
across the site with contours at two-foot intervals. This is
only requested for in-state use of the material.
(i) Provide a site map of the location of the
site of origin where the material was generated, plotted on
a USGS topographic map (contours at two-foot intervals). This
is only requested for in-state use of the material.
Question 7: Material Description
(a) Provide a narrative description of the material's characteristics.
Include any studies or analytical characterization, Material
Safety Data Sheet, EHIS, or Natural Resource and/or contaminant
risk assessment, etc. The narrative should provide evidence
to the Department that the material provides a beneficial use
either as a raw material or directly as a product in the uses
to which it is applied.
(b) Self-explanatory
(c) Self-explanatory
(d) Provide a sampling plan for all samples that
will be obtained from the proposed material, including a scaled
site map depicting all sample locations, sampling frequency
and compositing frequency. This is only requested for in-state
use of the material.
(e) Provide documentation of contaminant profiles
including test results compared to the current Target Analyte
List (TAL)/ Target Compound List (TCL) and Priority Pollutants
+ 40 scans. The list of TAL inorganic compounds/elements and
TCL organic compounds designated for analysis are those contained
in the version of the USEPA Contract Laboratory Program Statement
of Work for Inorganics and Organic Analysis, Multi-Media, Multi-Concentration
in effect as of the date on which the laboratory is performing
the analysis or the project's specific contaminant testing results.
Radionuclide analysis is required for manufacturing wastes and
other wastes where radionuclides are suspect.
Radionuclides: If radionuclides are suspected at industrial, mining or other sites, analyze by gamma spectroscopy for the natural series of radionuclides. The representative samples should be dried, sealed and counted after 21 days. The minimum detectable concentration requirement for Ra-226 and Th-232 daughter nuclides should be 0.5 picoCuries per gram (pCi/g) on dried material. Provide laboratory documentation of analysis and methodology. The laboratories must be certified by the Department's Office of Quality Assurance (OQA) for radionuclides in soil analysis DOE 4.5.2.3. Contact Mr. Vas Komanduri of OQA at (609)984-0855 for a current list of certified laboratories. The following industries are recognized by the Department’s Bureau of Environmental Radiation as having the potential to have technologically enhanced Naturally Occurring Radioactive Material (NORM) contamination potential: Paper and pulp facilities; Ceramics manufacturing; Paint and pigment manufacturing; Metal foundry facilities; Optical glass; Fertilizer plants; Aircraft manufacture; Munitions and armament manufacture; Scrap metal recycling; Zirconium manufacturing; Oil and gas production, refining, and storage; Electricity generation; Cement and concrete product manufacture; Radiopharmaceutical manufacturing; Geothermal energy production.
If material is from a radioactive materials licensee or former licensee, or is a radioactively contaminated site, contact the Bureau of Environmental Radiation of the Site Remediation case manager for guidance.
This is only requested for in-state use of the
material.
(f) Indicate whether Dioxin/Furan analysis per
USEPA Method 1613B or the latest Department-approved method
was conducted on the material. If not, explain the reason for
not conducting the tests.
(g) Indicate the concentration limits for contaminants
in the material during the proposed use and the rationale for
those limits. This is only requested for in-state use of the
material.
(h) Provide a description of the quality assurance
procedures that will be used to monitor the on-going process
which generates the material proposed for use. This is only
requested for in-state use of the material.
Question 8: Analytical Package for Contaminant
Profile Testing
Provide a copy of the analytical package for all
sampling results submitted to the Department. The package should
include the chain of custody, sampling methods, QA/QC data,
etc. The package should also include documentation that the
laboratory used for the testing is a New Jersey certified laboratory.
This is only requested for in-state use of the material.
Question 9: Treatment Performed on the Material
Prior to Reuse
Self-explanatory (This is only requested for in-state
use of the material.)
Questions 10 through 13:
Self-explanatory
Question 14: Fees
All beneficial use review fees are required on
receipt of the application form. The fee schedule is listed
in the application form. Fees shall be paid by certified check, goverment purchase order or a check or money order made payable
to "Treasurer, State of New Jersey" in accordance
with N.J.A.C. 7:26-4.3(i)1.
Certification Statement
The application form shall be signed by the generator/owner
(principal executive officer, general partner or proprietor,
ranking elected official) of the company/organization that originally
produced the material. The application form should be notarized.
NOTE: The Department may request additional
information or an amended application at any time due to modified
application requirements, project-specific requirements, or
other reasons. Filing an application for a CAO for a beneficial
use project does not convey any authority for any person to
transport, move or use any material unless a CAO is issued in
writing from the Department for the specific material and use.
Send this completed form, all attachments and
appropriate fees to:
Chief, Bureau of Recycling and Hazardous Waste Management
Division of Solid and Hazardous Waste
P.O. Box 420, Mail Code: 401-02C
Trenton, NJ 08625-0420
Should you encounter any problem in completing
this form, we recommend that you discuss the matter with a representative
from the Bureau of Recycling and Hazardous Waste Managem,ent,
Beneficial Use Section at (609) 984-3438 between the hours of
9:00 a.m. and 4:00 p.m. Information on Beneficial Use and this
form are available at the following web address: https://www.state.nj.us/dep/dshw/rrtp/bud.htm.
Submitting incorrect or insufficient data may cause processing
delays.
Your comments and suggestions regarding this application
and the information on the web site are always welcomed. Please
send comments to the attention of Ms. Karen Kloo, at the
above address.
________________________________________________________________________
Part II: APPLICATION FORM FOR A CERTIFICATE
OF AUTHORITY TO OPERATE (CAO) A BENEFICIAL USE PROJECT
PLEASE TYPE OR PRINT
(enclose additional pages and other documentation as necessary)
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Date____________________ |
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1. GENERATOR AND/OR OWNER DENTIFICATION: |
Name: ___________________________________ |
Telephone Number: _________ |
Street Address: ____________________________________________________ |
City or Town: ____________________________State:
_________ Zip Code: _________ |
Block(s):_________________________________
Lot(s):_____________________ |
Municipality: __________________________________
County: ________________ |
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2. DESTINATION SITE IDENTIFICATION: |
Name: ___________________________________
Telephone Number: __________ |
Street Address: _______________________________________________________ |
City or Town: ____________________________State:
_________ Zip Code: _______ |
Municipality: __________________________________
County: _________________ |
NOTE: For
out-of-State and in-State uses, the Department will share
all information, such as material history, enforcement issues,
analytical data and related information concerning the material
with the receiving facility, related parties of interest
and relevant State regulatory agencies during the application
review and confirmation process. |
3. PROJECT CONTACT PERSON: |
Name: ___________________________________
Telephone Number: __________ |
Title: ________________________ Company Name:____________________________ |
Street Address: _______________________________________________________ |
City or Town: ____________________________State:
_________ Zip Code: _______ |
Municipality: __________________________________
County: _________________ |
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4. NAME OF MATERIAL: ___________________________________________ |
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5. MATERIAL QUALIFICATIONS:
(a) Is the proposed material classified
as a hazardous waste in New Jersey?
Yes ____ No ____
(b) Is the proposed material subject to
Land Disposal Restrictions Phase IV at 40 C.F.R. 268?
Yes ____ No ____
(c) Is the proposed material ineligible
for consideration pursuant to N.J.A.C. 7:26-1.7(g)? Yes
____ No ____
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Note: If you answered Yes
to any one of the three qualifying questions above, the
material does not qualify for an exemption under the Beneficial
Use regulations and must continue to be managed as a solid
or hazardous waste. |
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6. BENEFICIAL USE PROJECT
DESCRIPTION:
(a) Description of Location of Site of Material Origin:
__________________________
___________________________________________________________________
___________________________________________________________________
(b) Provide a General Description of the Site of Origin:
_________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(c) Description of any Regulatory Activity Conducted
at the Site of Origin (in-state use only):
____________________________________________________________________
____________________________________________________________________
(d) Description of any Regulatory Activity Conducted at
the Site of Destination (in-state use only):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(e) Provide a detailed description of the Beneficial Use
Project, including details about the generation of the
material and specific information that details the implementation
of the project at the destination site:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(f) Quantity of Material for the Project (tons/year):________
(g) Project Site Location Map (in-state use only) Included:
________
(h) Project Site Plan Map (in-state use only) Included:
__________
(i) Material Origin Site Location Map (in-state use
only) Included: ________
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7. MATERIAL DESCRIPTION:
(a) Describe the Proposed Material's Characteristics:__________________________
__________________________________________________________________
(b) Has the material been previously classified as a solid
waste pursuant to N.J.A.C. 7:26G-5? Yes ____ No ____ If
yes, provide a copy of the waste classification documentation
letter or other documentation.
(c) Describe the material's known or suspected naturally-occurring
radionuclide material (NORM); any other radiological characteristics
resulting in the material having radioactivity above any
background level or which could pose a health or environmental
concern under any circumstance; and/or which would cause
the material to be regulated in any manner for a radioactive
characteristic by any State or Federal agency: _____________________________________________
Is the material regulated pursuant to the Atomic Energy
Act or any regulations for radioactive materials administered
by the Nuclear Regulatory Commission ("NRC")
or other agencies, is classified as technologically enhanced
naturally-occurring radionuclide material (TENORM) which
is ID 27 Dry Industrial Solid Waste in New Jersey, or
contains any radionuclide over the levels established
in the "Soil Remediation Standards for Radioactive
Materials" at N.J.A.C. 7:28-12, describe:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(d) Provide a Sampling Plan for the Proposed Material
(in-state use only).
Is a Sampling Location Map Included? Yes ____ No ____
(e) Provide Material Testing Documentation (include TAL/TCL
and Priority Pollutant + 40 scans unless approved by the
Department in advance) (in-state use only, unless required
by out-of-state user or regulatory agency).
Radionuclides: If radionuclides are suspected at industrial, mining or other sites, analyze by gamma spectroscopy for the natural series of radionuclides. The representative samples should be dried, sealed and counted after 21 days. The minimum detectable concentration requirement for Ra-226 and Th-232 daughter nuclides should be 0.5 picoCuries per gram (pCi/g) on dried material. Provide laboratory documentation of analysis and methodology. The laboratories must be certified by the Department's Office of Quality Assurance (OQA) for radionuclides in soil analysis DOE 4.5.2.3. Contact Mr. Vas Komanduri of OQA at (609)984-0855 for a current list of certified laboratories. The following industries are recognized by the Department’s Bureau of Environmental Radiation as having the potential to have technologically enhanced Naturally Occurring Radioactive Material (NORM) contamination potential: Paper and pulp facilities; Ceramics manufacturing; Paint and pigment manufacturing; Metal foundry facilities; Optical glass; Fertilizer plants; Aircraft manufacture; Munitions and armament manufacture; Scrap metal recycling; Zirconium manufacturing; Oil and gas production, refining, and storage; Electricity generation; Cement and concrete product manufacture; Radiopharmaceutical manufacturing; Geothermal energy production.
If material is from a radioactive materials licensee or former licensee, or is a radioactively contaminated site, contact the Bureau of Environmental Radiation of the Site Remediation case manager for guidance.
(f) Is Dioxin/Furan Analysis per USEPA Method 1613B or
the latest Department-approved method included?
Yes___ No___ If No, explain below:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(g) What are the Monitoring Levels for Proposed Use, if
any? (in-state use only)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(h) Provide the Monitoring QA/QC Procedures (in-state
use only):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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8. ANALYTICAL PACKAGE FOR CONTAMINANT
PROFILE TESTING:
Included: Yes ____ No ____ If No, Why not? (in-state
use only)
If Yes, the laboratory conducting the analyses must be a New Jersey Certified Laboratory
Explain: ________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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10. DESCRIBE THE OPERATIONAL
CONTROLS TO BE TAKEN DURING THE HANDLING AND TRANSPORATION
OF THE MATERIAL TO MINIMIZE ENVIRONMENTAL AND HUMAN IMPACTS.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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11. PROVIDE A DETAILED PROJECT
SCHEDULE FOR THE INITIATION AND COMPLETION OF THE BENEFICIAL
USE PROJECT.
12. INCLUDE A LETTER TO THE DIVISION OF SOLID AND
HAZARDOUS WASTE FROM THE RECEIVING FACILITY STATING THE
FACILITY'S AGREEMENT TO ACCEPT THE SPECIFIED AMOUNT OF
MATERIAL AND SPECIFYING THE INTENT TO BENEFICIALLY USE
IT.
13. FOR OUT-OF-STATE USE SHIPMENTS, INCLUDE A LETTER
FROM THE APPROPRIATE REGULATORY AGENCY OF THE STATE WHERE
THE REUSE FACILITY IS LOCATED, OR A COPY OF THE CURRENT
FACILITY PERMIT THAT VERIFIES THE MATERIAL CAN BE ACCEPTED
IN ACCORDANCE WITH THE FACILITY'S OPERATING PERMIT.
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14. FEES:
(a) Submit the following appropriate beneficial use review
fees as required by N.J.A.C. 7:26-4.3(i)1.
(1)
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In-State Use (no sampling)
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$534.00___ Included
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(2)
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In-State Use (sampling result)
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$962.00 ___ Included
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(3)
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Out-of-State Use
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$321.00 ___ Included
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(4)
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Out-of-State Use (sampling results)
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$962.00 ___ Included
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(b) Be advised that when the Department's work effort
exceeds the normal work hours included in the base fees
at N.J.A.C. 7:26-4.3(i) then fees on a time/material basis
will also be assessed for work conducted by the Department
for CAO-related work per N.J.A.C. 7:26-4.3(i)2. Fees per
N.J.A.C. 7:26(i)2 will be assessed both for applications
for which CAOs are issued and for applications that are
ultimately rejected by the Department or withdrawn by
the applicant.
The filing of this application form including the certification
below is statement of the applicants agreement to pay
the fees associated with the Department's work effort
during the project including all reasonable fees per
14.b above.
________________________________________________________________________
Note: The Department may request additional information
or an amended application at any time due to modified
application requirements, project-specific requirements,
or other reasons. Filing an application for a CAO a beneficial
use project does not convey any authority for any person
to transport, move or use any material unless a CAO is
issued in writing from the Department for the specific
material and use.
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CERTIFICATION STATEMENT:
(Required: principal executive officer, general partner
or proprietor, ranking elected official)
I certify under penalty of law that I have personally
examined and am familiar with the information submitted
in this document and all attachments and that, based on
my inquiry of those individuals immediately responsible
for obtaining the information, I believe that the information
is true, accurate and complete. I am aware that there
are significant penalties for submitting false information,
including the possibility of fines and imprisonment. I
understand this form to be an unmodified version of the
application and that, in addition to criminal penalties,
I may be liable for a civil administrative penalty pursuant
to N.J.A.C. 7:26 and that submitting false, inaccurate
or incomplete information may be grounds for denial, revocation
or termination of any solid waste facility permit, license
or other operating authority for which I may be seeking
approval or now hold.
I am aware that for out-of-State and in-State uses, the
Department will share all information, such as material
history, enforcement issues, analytical data and related
information concerning the material with the receiving
facility, related parties of interest and relevant State
regulatory agencies during the application review and
confirmation process.
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Type/Print Name:_________________________________
Title:_____________________ |
Company: _______________________________________________________________ |
Address/City/State/Zip: _____________________________________________________
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Signature:_____________________________________
Date: _____________________ |
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Sworne and Subscribed Before Me
on this _____________________ day of ________________________
20 _______ |
__________________________________________________
Notary
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