Bureau of Solid
and Hazardous Waste Management
P.O. Box 414
401 East State Street
Trenton, New Jersey 08625-0414
Telephone: (609) 984-6985 Telecopier: (609) 633-9839
http://www.state.nj.us/dep/dshw/rrtp/index.htm
GUIDANCE DOCUMENT for the BENEFICIAL USE PROJECT
(BUD) APPROVAL PROCESS
Revised 12/11/03
The information outlined herein is intended to
serve only as guidance to applicants who wish to obtain a Certificate
of Authority to Operate (CAO) for a beneficial use project determination
(BUD), pursuant to N.J.A.C. 7:26-1.7(g) from the Division of Solid
and Hazardous Waste, Bureau of Resource Recovery and Technical
Programs.
This guidance must be consulted in conjunction with the solid
waste regulations at N.J.A.C. 7:26 et seq. to understand the
complete beneficial use regulatory requirements of N.J.A.C.
7:26. 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 Division of Solid and Hazardous
Waste 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
. This Web page regulation copy is provided as a public service.
The official version of New Jersey Regulations can be found
in the New Jersey Administrative Code published by WEST PUBLISHING
COMPANY (PHONE: 1-800-808-WEST/ 1-800-808-9378).
INTRODUCTION
The Department's Solid Waste Regulations require that the materials
classified as non-hazardous ID 27 Dry Industrial and other types
of solid waste must be directed to a solid waste facility permitted
to receive such waste for disposal. However, the Department is
very interested in supporting and encouraging the beneficial use
of materials that would otherwise be waste, in environmentally
sound applications. This preserves valuable landfill space for
essential disposal uses and helps conserve natural resources by
using valuable existing materials. To date, the Department has
issued over 290 CAOs authorizing beneficial use of different materials
for more than approximately 3.9 million cubic yards of these materials.
The CAOs for beneficial use projects are issued under the exemptions
to the solid waste regulations as specified at N.J.A.C. 7:26-1.1(a)1
and N.J.A.C. 7:26-1.7(g), allowing non-putrescible material separated
at the point of generation to be sent to an approved facility
for beneficial use or for on-site beneficial use at the site of
generation.
The term "BUD", an acronym for the term "beneficial
use determination," has been adopted by many states and the
public as a general reference to regulatory beneficial use approvals.
In New Jersey the use of the term BUD may reference the process
of an applicant obtaining a CAO for a beneficial use project,
and can also mean the actual approval or project.
MATERIALS EXEMPTED FROM THE CERTIFICATE OF AUTHORITY TO OPERATE
(CAO) A BENEFICIAL USE PROJECT APPROVAL PROCESS
There are some categories of material that have been exempted
from the requirement to obtain a Certificate of Authority to Operate
(CAO) a beneficial use project. These exemptions are provided
under the solid waste regulations, and are determined by the source
of the material and/or the circumstances of the material reuse
as follows:
1. Materials Produced By a Recycling Center: (N.J.A.C. 7:26-1.7(g)2)
The materials produced at a permitted recycling center as regulated
pursuant to N.J.A.C. 7:26A are deemed to be approved for beneficial
use provided the recycled product is used or reused directly as
a product or as a substitute for raw material that is incorporated
into a product meets the generally accepted products specifications
and standards for a similar manufactured product or raw material,
and provided the recycled product poses no greater risk to human
health or the environment than the use of the product or raw material
it is replacing.
Pursuant to N.J.A.C. 7:26-1.13, the Department may exercise this
Burden of Proof provision to require persons claiming an exclusion
or exemption from a regulation to demonstrate such to the Department's
satisfaction in order to ensure legitimate use of materials.
2. Materials Used/Reused Directly as a Product or Raw Material
Substitute: (N.J.A.C. 7:26-1.7(g)3)
The requirement to obtain a Certificate of Authority to Operate
a beneficial use project is not applicable to materials used or
reused directly as a product or as a substitute for raw material
which is incorporated into a product that meets the original product
specifications, provided the material poses no greater risk to
human health or the environment than the use of the product or
raw material it is replacing.
Pursuant to N.J.A.C. 7:26-1.13, the Department may exercise this
Burden of Proof provision to require persons claiming an exclusion
or exemption from a regulation to demonstrate the applicability
of the exemption to the Department's satisfaction in order to
ensure legitimate use of materials.
3. Specific Materials Exempted Under the Beneficial Use Regulations:
(N.J.A.C. 7:26-1.7(g)4)
The materials identified below are categorically approved for
beneficial use and require no formal approval or authorization
for use or reuse provided they are used or reused in a manner
consistent with N.J.A.C. 7:26-1.1:
a. aggregate in asphalt or concrete applications;
b. tire chips that are used as aggregate for road base materials
or asphalt pavements in accordance with New Jersey Department
of Transportation standard specifications, or whole tires or tire
chips when they are used for energy recovery;
c. Soils for on-site reuse that contain contaminants at levels
below the most stringent site clean-up levels established by the
Department for that specific site, except for sites located in
the Pinelands Area.
d. Contaminated soil that has been decontaminated to the satisfaction
of the Department and is used or reused in a manner acceptable
to the Department.
e. Non-hazardous solid waste, paper mill fiber (fiber from either
virgin pulp or recycled paper mills) or paper fiber combustion
ash (ash produced by incineration of paper mill fiber and paper
de-inking sludge by-products) approved in advance by the Department
for use or reuse as cover material, landfill liner, cap material,
or other landfill design and management components. The approval
requirements for landfill material can be found at N.J.A.C. 7:26-2A.8(b).
f. Coal combustion bottom ash or paper fiber combustion ash (ash
produced by incineration of paper mill fiber and paper de-inking
sludge by-products) that is used or reused as a component in the
manufacture of roofing shingles or bituminous asphalt products.
g. Coal combustion fly ash, gas scrubbing by-products or paper
fiber combustion ash (ash produced by incineration of paper mill
fiber and paper de-inking sludge by-products) that is used as
an ingredient to produce light-weight block, light-weight aggregate,
manufactured gypsum or manufactured calcium chloride.
h. Coal combustion fly ash, coal combustion bottom ash or paper
fiber combustion ash (ash produced by incineration of paper mill
fiber and paper de-inking sludge by-products) that is used as
a cement or aggregate substitute in structural concrete, structural
concrete products, as a raw feedstock in the manufacture of cement
or as a cement substitute for structural grade products, or sub-base
in roadway construction.
i. Coal combustion fly ash, coal combustion bottom ash or paper
fiber combustion ash (ash produced by incineration of paper mill
fiber and paper de-inking sludge by-products) that is used as
an aggregate substitute in structural asphalt product.
Additional categories of exemption are under consideration for
future regulatory adoption.
CAO APPLICATION SUBMISSION REQUIREMENTS
In order to use materials that would otherwise be solid waste
pursuant to N.J.A.C. 7:26 et seq. for beneficial use projects
pursuant to the exemption to the solid waste regulations at N.J.A.C.
7:26-1.7(g), this office normally requires the following items.
-NOTE: the following information is intended only as a guide
to completing and filing an application for a CAO for a beneficial
use project. The Department may require additional information
or amend an 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.
1. A letter sent to the Division of Solid and Hazardous Waste
(Division) from the generator, certifying the material proposed
for beneficial use is analyzed or does not meet any other criteria
or characteristic and is free of any other contaminant or waste
that would either: 1) cause the material to be classified as a
hazardous waste in New Jersey; 2) make the material subject to
Land Disposal Restrictions Phase IV at 40 C.F.R. 268; or 3) otherwise
make the material ineligible for consideration for regulation
pursuant to N.J.A.C. 7:26-1.7(g). A hazardous waste classification
or other information may be requested at the discretion of the
Department.
An application sent to the Division that includes the following:
2. The generator must include in the application, a letter from
the receiving facility, agreeing to accept the specified amount
of material from the generator, its intention to beneficially
use the material, details of the beneficial use project pursuant
to N.J.A.C. 7:26-1.7 (g) and the time frame for such activity
from the date of receipt of material at the receiving facility.
In addition, we request the generator send this information directly
to the solid waste coordinator of the county of the material's
origin.
3. All materials for land applications within the State of New
Jersey must be sampled and analyzed in accordance with standard
DEP quality assurance standards and practices at a minimum as
specified at N.J.A.C. 7:26E to fully characterize the contaminants
in the latest Soil Cleanup Criteria (SCC) http://www.state.nj.us/dep/srp/regs/scc/index.html
or other contaminants as specified on a case-by-case basis. For
further guidance in this area, these standards are referenced
at N.J.A.C. 7:26E, the Technical Requirements for Site Remediation
adopted May 19th, 1997, which are available at Web link http://www.state.nj.us/dep/srp/regs/techrule/tecmenu.htm
. Generally for most circumstances of beneficial use, materials
for land application must contain contaminants below the most
restrictive Direct Contact or Impact to Groundwater (IGW) SCC.
The Department may require IGW analysis if a contaminant is present
in the proposed beneficial use material. The Division may allow
reduced sampling and analytical plans depending on the nature
of the material, historical sampling and specified use, following
review on a case-by-case basis. Materials being considered for
land applications in New Jersey may need to be tested for dioxins/furans
(17 congeners) in accordance with SW 846, Method 1613B, 1 ppt
detection limit, at a New Jersey certified laboratory. Detailed
standard sampling plan guidance may be obtained from the Bureau
of Resource Recovery and Technical Programs. The Department may
also request an Environmental Health and Risk Assessment and/or
a natural resource analysis and information regarding aquifer
classifications as required on a case-specific basis.
Radionuclides: All material being considered for beneficial use
in New Jersey must describe the material's known or suspected
naturally-occurring radionuclide material (NORM) or 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. In
addition, the generator and/or owner who originally produced the
material being considered for beneficial use in New Jersey must
disclose if the material is 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. Radionuclide analysis is
required for manufacturing wastes and other wastes where radionuclides
are suspect. The samples should be analyzed 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
(SHW09.60130). Contact Mr. Vas Komanduri of OQA at (609) 984-0855
for a current list of certified laboratories.
For out-of-state shipments:
1. letters or other supporting documentation certifying that the
material does not contain contaminants that would cause the material
to be classified as hazardous waste, documentation from the receiving
facility stating that the owner agrees to accept the specified
amount of material and indicating the receiving facility owner's
intention to use the material and the time frame for such activity,
documentation that the information required at N.J.A.C. 7:26-1.7(g)
8ii has been sent to the Solid Waste Coordinator of the county
of the material's origin, and documentation from the appropriate
regulatory agencies of the state where the reuse facilities are
located or copies of the current facility permits, verifying the
facility is operating in accordance with applicable rules and
regulations and can accept the material specified above for the
declared reuse or beneficial use purpose.
2. Once the material is delivered to the reuse facility, the
generator and/or owner who originally produced the material for
use in a beneficial use project shall submit on an annual basis
a report to the Department detailing the amount of material used,
the date(s) of such use, the location(s) of the use, and any other
information as required by the Department in the certificate of
authority to operate.
Note: for in-state and out-of-state beneficial use projects,
the Department will share all application 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.
The Department will issue or deny a certificate of authority
to operate a beneficial use project in the State of New Jersey
in writing to the applicant within ninety (90) days of receipt
of a complete application. The Department will issue or deny a
certificate of authority to operate an out-of-state beneficial
use project in writing to the applicant within forty-five (45)
days of receiving a complete application.
APPLICATION FORM, INSTRUCTIONS and REVIEW CHECKLIST
An electronic copy of the Application Form and Instructions for
Completing the Certificate of Authority to Operate (CAO) a Beneficial
Use Project can be found at http://www.state.nj.us/dep/dshw/rrtp/benuseap.htm
To ensure all the information needed to complete the review is
included on the CAO application, a CAO-Approval Application Review
Checklist is provided at the following web link: www.state.nj.us/dep/dshw/rrtp/budchkls.pdf
.
Applications, attachments and relevant fees should
be submitted to:
Chief, Bureau of Resource Recovery and Technical
Programs
Division of Solid and Hazardous Waste
NJDEP
P.O. Box 414
Trenton, NJ 08625-0414
For further information regarding the CAO approval process, including
assistance with sampling and analytical plans, application requirements,
beneficial use project evaluations and status of project reviews,
please feel free to contact the Beneficial Use Section of this
Bureau at 609-984-6985.
AUTHORIZED NEW JERSEY BENEFICIAL USE PROJECTS
http://www.state.nj.us/dep/dshw/rrtp/abenusep.htm
MATERIALS BENEFICIAL USE INFORMATION WEB LINKS
Asphalt Millings Guidance Document:
http://www.state.nj.us/dep/dshw/rrtp/amgd.htm
Contaminated Soil Guidance Document:
http://www.state.nj.us/dep/dshw/rrtp/contsoil.htm
Management of Road Wastes (Street Sweepings) Guidance Document:
http://www.state.nj.us/dep/dshw/rrtp/ss.htm
RELATED WEB LINKS
Soil Cleanup Criteria:
http://www.state.nj.us/dep/srp/regs/scc/index.html
Technical Requirements for Site Remediation:
http://www.state.nj.us/dep/srp/regs/techrule/tecmenu.htm
Additional Division of Solid and Hazardous Waste Forms:
http://www.state.nj.us/dep/dshw/resource/forms.htm
EXCERPT OF N.J.A.C. 7:26-1.1(a)1 and N.J.A.C. 7:26-1.7(g)
FROM THE SOLID WASTE REGULATIONS
http://www.state.nj.us/dep/dshw/rrtp/njac726g.htm
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