N.J. Admin. Code § 7:13-12.20

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-12.20 - Requirements for the placement, storage, or processing of solid waste or recyclable materials

(a) This section sets forth the requirements that apply to the proposed placement, storage, or processing of:

1. Solid waste in any regulated area, which is not associated with a solid waste landfill closure and post-closure plan or disruption approval that is addressed under N.J.A.C. 7:13-12.19; and

2. The placement of recyclable materials in any regulated area, pursuant to N.J.A.C. 7:26A.

(b) A lawfully existing facility established on or before November 5, 2007, may be eligible to continue to place, store, or process solid waste or recyclable materials under permit-by-rule 53 for the placement storage or processing of solid waste at N.J.A.C. 7:13-7.53, provided the size or capacity of the facility is not increased. All other placement storage or processing of solid waste or recyclable materials in a regulated area is subject to this section.

(c) The Department shall issue an individual permit for the placement, storage, or processing of solid waste or recyclable materials in a regulated area only if the following requirements are satisfied:

1. The solid waste and recyclable materials are not placed, stored, or processed in a floodway;

2. The placement, storage, or processing of solid waste is necessary for the normal conduct of a facility, which is operating in compliance with all Federal, State, and local requirements. The individual permit application shall include copies of all relevant State permits, licenses, and authorizations in order to demonstrate that the facility is operating lawfully;

3. The applicant demonstrates that the solid waste or recyclable materials cannot feasibly be placed, stored, or processed outside the flood hazard area and riparian zone onsite;

4. The solid waste or recyclable materials to be placed, stored, or processed onsite are isolated from floodwaters by constructing flood-resistant berms around the materials, or by situating the materials within a flood-resistant containment area onsite, so that in the event of a flood, the solid waste or recyclable materials will not be transported offsite by floodwaters;

5. The applicant discloses the maximum volume of solid waste or recyclable materials to be placed, stored, or processed in the flood fringe for the purpose of calculating the maximum flood storage displacement on the site pursuant to N.J.A.C. 7:13-11.4; and

6. The Department determines that the placement, storage, or processing of solid waste or recyclable materials in the flood hazard area and riparian zone will not pose a threat to the environment or to public health, safety, or welfare.

N.J. Admin. Code § 7:13-12.20

Amended and recodified from 7:13-11.18 by 48 N.J.R. 1067(a), effective 6/20/2016