N.J. Admin. Code § 7:14A-20.2 - Applicability

(a) This subchapter applies to:
1. Any person who prepares residual that is applied to the land, any person who applies residual to the land, residual applied to the land, and the land on which residual is applied;
2. The operating entity of a surface disposal site, residual placed on a surface disposal site, and the surface disposal site;
3. The operating entity of residual reed beds, residual placed on reed beds, and the residual reed beds;
4. The operating entity of a residual blending and distribution operation, residual placed at a residual blending and distribution operation, and the residual blending and distribution operation; and
5. The operating entity of any treatment works treating domestic sewage, including residual transfer stations, or of any residual-only facility, whether or not the treatment works is otherwise required to obtain a NJPDES permit unless all requirements implementing standards for residual use or disposal applicable to the treatment works are included in a permit issued under the authority of the New Jersey Solid Waste Management Act, 13:1E-1 et seq., or the New Jersey Air Pollution Control Act, 26:2C-1 et seq.
(b) The requirements in 7:14A-20.7 do not apply when:
1. Bulk material derived from exceptional quality sewage sludge is applied to the land; or
2. A material derived from exceptional quality sewage sludge is sold or given away in a bag or other container to be applied to the land.
(c) The general requirements in 7:14A-20.7(b)1 and the management practices in 7:14A-20.7(b)2 do not apply when:
1. Bulk exceptional quality residual is applied to the land. However, the Department may apply any or all of the general requirements in 7:14A-20.7(b)1 and the management practices in 7:14A-20.7(b)2 to the bulk residual on a case-by-case basis as described at 7:14A-20.5(a)3;
2. Bulk material derived from residual is applied to the land if the derived bulk material meets exceptional quality. However, the Department may apply any or all of the general requirements in 7:14A-20.7(b)1 and the management practices in 7:14A-20.7(b)2 to the bulk material on a case-by-case basis as described at 7:14A-20.5(a)3;
3. Residual is sold or given away in a bag or other container for application to the land if the residual sold or given away in a bag or other container for application to the land meets exceptional quality; and
4. A material derived from residual is sold or given away in a bag or other container for application to the land if the derived material meets exceptional quality.
(d) References in this subchapter to 40 CFR Part 122, Part 258, 503.13, 503.15, 503.17(a), 503.32 and 503.33, with the exception of requirements for domestic septage, incorporate such Federal requirements by reference including future supplements and amendments to these requirements. All other references in this subchapter to 40 CFR Part 503 incorporate such Federal requirements by reference as they existed as of May 5, 1997.
(e) Where the Statewide Sludge Management Plan (SSMP) and this subchapter conflict, the provisions of this subchapter shall control.

Notes

N.J. Admin. Code § 7:14A-20.2
Administrative correction.
See: 29 N.J.R. 3822(a).
Amended N.J.A.C. references.
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Rewrote (a)2; added new (a)3 and (a)4; recodified former (a)3 as (a)5; and rewrote (b)1, (b)2 and (c)1 through (c)4.

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