N.J. Admin. Code § 7:14A-20.8 - Surface disposal of residual

(a) The storage of residual or material derived from residual for more than six months constitutes surface disposal and is prohibited under this subchapter.

(b) The placement of residual or material derived from residual as fill (for example, to bring a site to grade or at depths greater than one foot) constitutes surface disposal and is prohibited under this subchapter.

(c) The prohibitions in (a) and (b) above do not apply if:

1. The person who prepares the residual demonstrates that the land on which the residual remains is not a surface disposal site. The demonstration shall explain why residual must remain on the land for longer than six months prior to final use or disposal, discuss the approximate time period during which the residual shall be used or disposed, and provide documentation of ultimate management arrangements. The demonstration shall be submitted to the Department in writing and retained by the person who prepares residual for the period that the residual remains on the land. If the Department determines that a demonstration is not in conformance with this subchapter, then the Department will notify the person who prepares the residual that the prohibitions in (a) and (b) above apply;

2. The site where the residual is placed is permitted and meets the requirements as a sanitary landfill under the New Jersey Solid Waste Management Act, 13:1E-1 et seq.;

3. The residual is approved for beneficial use or categorically approved for beneficial use pursuant to 7:26-1.7(g); or

4. The surface disposal site existed prior to January 5, 2009, was in conformance with all relevant laws and regulations when the discharge commenced and is the subject of and is in compliance with a valid NJPDES discharge to groundwater permit issued pursuant to N.J.A.C. 7:14A-7.

(d) The operating entity of a surface disposal site that does not qualify for an exemption in accordance with (c) above shall submit a closure and post closure plan to the Department for approval in accordance with the requirements of (f) below by July 5, 2009 and cease discharge January 5, 2010 or at such earlier date established by the Department to protect public health or the environment consistent with 7:14A-20.5.

(e) For in-situ, closed surface disposal sites, the following management practices shall apply:

1. The closure of a surface disposal site shall not restrict the flow of a base flood, unless otherwise approved by the Department under the Flood Hazard Area Control rules, N.J.A.C. 7:13;

2. A closed surface disposal site shall not be located in an unstable area;

3. The leachate collection system for a closed surface disposal site that has a liner and leachate collection system shall be operated and maintained for a minimum of five years after the Department approves closure of the surface disposal site. Leachate from a closed surface disposal site that has a liner and leachate collection system shall be collected and shall be disposed in accordance with applicable requirements for a minimum of five years after the Department approves closure of the surface disposal site;

4. When a final cover is placed on a surface disposal site at closure, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25 percent of the lower explosive limit for methane gas and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas for a minimum of five years after the Department approves closure of the surface disposal site;

5. The owner of a closed surface disposal site shall provide written notification to the subsequent owner of the site that residual was placed on the land. As part of closure of the surface disposal site, a detailed description of the surface disposal site shall be recorded, along with the deed, with the appropriate county recording office. The description shall include the quantity and quality of residual disposed, a map indicating the location and depth of residual on the site, the depth and type of cover material (if applicable), the dates the surface disposal site was in use and all such other information as may be of interest to potential landowners, and shall remain in the legal record of the property in perpetuity;

6. A food crop, a feed crop, or a fiber crop shall not be grown on a closed surface disposal site, unless the owner/operator of the surface disposal site demonstrates to the Department that through management practices public health and the environment will be protected from any adverse effects of pollutants in residual when crops are grown;

7. Animals shall not be grazed on a closed surface disposal site, unless the owner/operator of the surface disposal site demonstrates to the Department that through management practices public health and the environment will be protected from any adverse effects of pollutants in residual when animals are grazed;

8. The operating entity must implement and maintain a ground water monitoring program in compliance with N.J.A.C. 7:9C for a minimum of five years after the Department approves closure of the surface disposal site; and

9. Public access to a closed surface disposal site shall be restricted for a minimum of five years after the Department approves closure of the surface disposal site.

(f) In addition to the requirements of N.J.A.C. 7:14A-4 and 20.6, a surface disposal site closure plan shall include the following minimum information:

1. The approximate date discharge to the surface disposal site ceased or will cease;

2. A description of the surface disposal site including approximate acreage, and lateral and vertical extent of the surface disposal site;

3. A discussion of the characteristics of the residual present in the surface disposal site, including:

i. The origin and volume of the residual;

ii. Dated quality analyses of the residual on a mg/kg dry weight basis including analyses of all constituents required to be analyzed in accordance with the Sludge Quality Assurance Regulations (SQAR), N.J.A.C. 7:14C. The number of samples required to be analyzed shall be based on a statistical method as described in the Department's Field Sampling Procedures Manual, or as otherwise approved by the Department;

iii. Additional quality analyses may be required if deemed necessary by the Department through evaluation of past SQAR reports or other relevant information, such as information on industrial discharges that might contribute constituents not normally evaluated under the SQAR program; and

iv. A discussion, or where applicable, analyses pursuant to 40 CFR 503.25, explaining how pathogen requirements or vector attraction reduction requirements were achieved;

4. A description of the proposed method of closure, including plans for the removal and/or in-situ closure of residual remaining at the surface disposal site, and an implementation schedule for each component of the closure plan;

5. For in-situ closure proposals, the following information:

i. A calculation of the surface run-off across the surface disposal site shall be prepared using a 24-hour, 25-year storm event with estimates of the effect of such run-off on treatment capacity, storage capacity, erosion, flooding, impacts on surface water quality and related details; and

ii. Information to document compliance with the management practices set forth at (e) above;

6. A soil erosion and sediment control plan certified by the local Soil Conservation District in accordance with the Soil Erosion and Sediment Control Act of 1975, or as amended (4:24-39 et seq.), unless such planning is determined inapplicable by an agency with concurrent jurisdiction; and

7. Any other information required by N.J.A.C. 7:14A-7.14 for residual surface impoundments.

Notes

N.J. Admin. Code § 7:14A-20.8

Amended by R.1999 d.164, effective 5/17/1999.
See: 31 N.J.R. 200(a), 31 N.J.R. 1320(a).
In (d)3ii, changed N.J.A.C. reference.
Administrative correction.
See: 37 N.J.R. 4245(a).
Administrative correction.
See: 38 N.J.R. 5153(a).
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Section was "Surface disposal of sewage sludge". Rewrote the section.