N.J. Admin. Code § 7:14A-20.12 - Residual blending and distribution

(a) Only exceptional quality residual generated and distributed in accordance with this subchapter shall be used for residual blending and distribution.

(b) The storage of bulk exceptional quality residual in excess of 100 cubic yards, or the storage of material derived from exceptional quality residual in excess of 2,500 cubic yards, is prohibited except in accordance with a NJPDES permit.

(c) On or before July 5, 2009, the operating entity of an existing residual blending and distribution site that is required to obtain a NJPDES permit pursuant to (b) above shall submit a complete permit application, or cease operation and remove all residual and material derived from residual.

(d) An applicant for a residual blending and distribution permit shall submit the information required at N.J.A.C. 7:14A-4 and, in accordance with the applicable NJPDES Permit Technical Manual, shall demonstrate that the site is appropriate for residual blending and distribution, including a description of how the site is or will be managed. The demonstration shall include, at a minimum:

1. A plot plan showing all marketable residual product blending and storage areas, including the dimensions of all storage areas indicated in feet, showing maximum storage pile height, length and width;

2. A copy of a NJPDES stormwater permit, if applicable, or a written determination from the Department that a stormwater permit is not required;

3. A copy of a Soil Erosion and Sediment Control Plan, certified by the local Soil Conservation District, or an equivalent Department-approved erosion control plan, developed by a person trained in soil erosion and sediment control planning, for the site or part of the site affected; and

4. The maximum daily volume of exceptional quality residual proposed to be accepted, as well as the proposed maximum volume of exceptional quality residual and material derived from exceptional quality residual proposed to be stored at any one time.

(e) In addition to the information required in (d) above, an applicant for a permit to store material derived from exceptional quality residual in excess of 10,000 cubic yards shall submit:

1. An environmental assessment in accordance with 7:14A-20.6; and

2. A proposed groundwater monitoring program in compliance with N.J.A.C. 7:9C and 7:14A-7. This requirement shall be waived if the applicant submits and the Department approves a plan to implement site institutional controls, such as impervious surfaces with runoff collection and management, such that there is no discharge to groundwater.

(f) Subsections (b) through (e) above do not apply to operations in which all phases of handling, storing and blending occur in a completely enclosed setting.

Notes

N.J. Admin. Code § 7:14A-20.12

New Rule, R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).