N.J. Admin. Code § 7:26G-4.2 - State definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Administrator" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the Commissioner of the New Jersey Department of Environmental Protection or his or her designee, except where specifically noted, then it means the Administrator of the United States Environmental Protection Agency or his or her designee.

"Agency" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the New Jersey Department of Environmental Protection, except when specifically noted, then it means the United States Environmental Protection Agency.

"Applicant" means the person who submits an application for a permit under this chapter and in whose name the permit is to be issued, and for the purposes of N.J.A.C. 7:26G-7, the person who files an application for an approved registration statement and in whose name the approved registration statement is to be issued.

"Approved registration" means the registration of a hazardous waste treatment, storage, or disposal facility or transporter issued by the Department after review and approval of the registration statement.

"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

"Commercial hazardous waste facility" means any hazardous waste facility which accepts hazardous waste from more than one inter-company generator for treatment, storage or disposal at a site other than where the hazardous waste was generated.

"Commingling" means the transferring, bulking, or mixing of hazardous waste from one or more hazardous waste packages, containers, transport units or transport vehicles into another.

"Commissioner" means the Commissioner of the New Jersey Department of Environmental Protection.

"Compliance inspection" is a site inspection performed by a representative of the Department's hazardous waste enforcement program of a generator, transporter, or facility to verify compliance with previously cited violations.

"Compliance review" is an analysis conducted by a representative of the hazardous waste enforcement program at one of the Department's enforcement field offices to verify compliance with cited violations where the generator, transporter or facility has submitted written material for review. An example is where a contingency plan or personnel training plan has been submitted in response to violations discovered during a previously conducted initial inspection.

"Consignment state" means the state in which the designated facility is located.

"Consolidation" means the movement of closed containers of hazardous waste from one hazardous waste transport unit or transport vehicle to another or the act of transferring liquid hazardous waste from one container to one or more empty containers meeting the conditions at 40 C.F.R. 261.7 (as incorporated by reference at N.J.A.C. 7:26G-5).

"Department" or "DEP" means the New Jersey Department of Environmental Protection.

"Department of Transportation" or "DOT" means the "U.S. Department of Transportation".

"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste. A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste.

"Director" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the Director of the Division of Solid and Hazardous Waste of the New Jersey Department of Environmental Protection or his designee, except when specifically noted.

"Environmental and Health Impact Statement" means a statement as to the realistically identifiable, probable impact of the proposed hazardous waste facility upon the geology, soils, hydrology, air quality, ecology, land use, socioeconomics, aesthetics, history and archeology; a listing of adverse environmental impacts which cannot be avoided; a description of the steps to be taken to minimize adverse environmental impacts during construction and operation both at the project site and in the surrounding region; and a reference list of pertinent published information relating to the project, the project site and the surrounding region.

"EPA" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the New Jersey Department of Environmental Protection, except when specifically noted, then it means the United States Environmental Protection Agency. However, "EPA" shall always mean the United States Environmental Protection Agency in the following terms: EPA Identification Numbers, EPA Form, EPA Hazardous Waste Number, EPA Hazardous Waste Codes, USEPA ID Number, EPA Acknowledgement of Consent, EPA Publication SW-846, and EPA Test Method.

"Exempt transporter" shall, for purposes of 7:26G-7.2, mean a transporter which is exempt from the requirement to file a disclosure statement, pursuant to 7:26-16.3(d).

"Grace period" means the period of time afforded under 13:1D-125 et seq., commonly known as the Grace Period Law, for a person to correct a minor violation in order to avoid imposition of a penalty that would be otherwise applicable for such violation.

"Hazardous waste cab" means any powered device to which a hazardous waste transport unit can be attached for transporting hazardous waste off-site or to a hazardous waste facility.

"Hazardous waste transport unit" means any portable non-powered device that is used to contain and transport hazardous waste off-site or to a hazardous waste facility by road, rail, water, or air and that is not normally disposed of with the waste. Hazardous waste transport unit includes, but is not limited to, roll-off containers, hoppers/dumpsters, rail cars, barges, trailer boxes/vans, trailer dumps, trailer tanks, and trailer vacs.

"Hazardous waste vehicle" means any self-propelled device that is used to move hazardous waste off-site or to a hazardous waste facility. Hazardous waste vehicle is any combination of hazardous waste cab and transport unit, whether detachable or permanently attached, and includes, but is not limited to, straight boxes/vans, straight dumps, straight tanks, straight vacs, straight roll-offs, and pick-up trucks.

"HSWA" means the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act.

"Large quantity generator inspection" is an inspection of a generator who generates 1,000 kilograms or more of non-acutely toxic hazardous waste per month, or one kilogram of acutely hazardous waste per month; and those who generate less than these amounts but accumulate greater than 6,000 kilograms of non-acutely toxic hazardous waste at any one period of time. A generator's category will be based upon hazardous waste manifest history and the quantity of hazardous waste present at the facility at the time of inspection by enforcement personnel.

"Licensee" shall, for purposes of N.J.A.C. 7:26G-7.2, be defined as set forth in N.J.S.A. 13:1E-127i.

"Major commercial hazardous waste facility" is defined at 13:1E-42.1 and 51 as "any commercial hazardous waste facility which has a total capacity to treat, store or dispose of more than 250,000 gallons of hazardous waste, or the equivalent thereof, as determined by the Department, except that any facility which would otherwise be considered a major hazardous waste facility pursuant to this section solely as the result of the recycling or re-refining of any hazardous wastes which are or contain gold, silver, osmium, platinum, palladium, iridium, rhodium, ruthenium or copper shall not be considered a major hazardous waste facility for the purposes of this Act."

"Non-major commercial hazardous waste facility" is a commercial hazardous waste facility which does not have a total capacity to treat, store or dispose of less than or equal to 250,000 gallons of hazardous waste, or the equivalent thereof, as determined by the Department.

"Non-commercial hazardous waste facility" means any area, plan or other facility for the treatment, storage or disposal of hazardous waste which is not a commercial hazardous waste facility.

"Permit" means the approval issued by the Department to construct and/or operate a hazardous waste facility and shall mean the approved registration statement and engineering design approval described in the Solid Waste Management Act.

"Permittee" shall, for purposes of N.J.A.C. 7:26G-7.2, be defined as set forth in N.J.S.A. 13:1E-127i.

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

1. Is a new animal drug under FFDCA section 201(w); or

2. Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or

3. Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph 1 or 2 of this definition.

"Prime contractor" means any person who enters into an oral or written agreement to store, collect, process, transfer, treat, or dispose of hazardous waste in this State through the use, control or possession of any cab, vehicle, trailer, container, transport unit or single-unit vehicle.

"Resource Conservation and Recovery Act," "RCRA," "Subtitle C of RCRA," "RCRA Subtitle C," "Subtitle C" or "the Act" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, when referring to either an operating permit or to the Federal hazardous waste program as a whole (that is, not a specific provision of RCRA), mean the New Jersey Solid Waste Management Act, 13:1E-1 et seq. or any other comparable provision of New Jersey's statutes and implementing regulations, except when specifically noted, then it means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §§ 6901 et seq. When the Federal language incorporated by reference refers to a specific provision of RCRA (except after references to RCRA section 3008 and 3008(h)) add the phrase "or any comparable provisions of New Jersey's statutes and implementing regulations". After references to RCRA sections 3008 and 3008(h) add the phrase "or 13:1E-9 or any other comparable provisions of New Jersey's statutes and implementing regulations."

"Registrant" means an applicant who has obtained an approved registration statement and who has registered hazardous waste vehicles (the hazardous waste cab and transport unit individually if detachable).

"Registration certificate" means the hazardous waste transporter vehicle registration card which certifies the name and address of the registered company, decal number, expiration date, vehicle identification number, and the license number assigned to the registered company.

"Recycling or reclamation facility" means any place, equipment or plant designed and/or operated for the purpose of recycling or reclamation, to collect, store, process or to redistribute separated waste so as to return the material to market.

"Regional Administrator" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the Director of the Division of Solid and Hazardous Waste of the New Jersey Department of Environmental Protection or his or her designee, except when specifically noted, then it means the Regional Administrator for the EPA Region in which the facility is located or his or her designee.

"Registration statement" means an application for approved registration executed on forms provided by the Department and containing such information as may be required.

"Small quantity generator inspection" is an inspection of a generator as defined at 40 C.F.R. 260.10, 261.5(e), 261.5(f), 261.5(g), 262.34(d) and 262.34(f), who meets the conditions in paragraphs 1 and 2 or 1 and 3 below:

1. Generates (in a calendar month) and accumulates (at any time) one kilogram or less of acute hazardous waste or 100 kilograms or less of spill clean-up of acute hazardous waste; and

2. Generates 100 kilograms or less of non-acute hazardous waste in a calendar month and accumulates greater than 1,000 kilograms but never exceeds 6,000 kilograms of accumulated non-acute hazardous waste at any time; or

3. Generates more than 100 kilograms but less than 1,000 kilograms of non-acute hazardous waste in a calendar month and never exceeds 6,000 kilograms of accumulated non-acute hazardous waste at any time.

A generator's category will be based upon hazardous waste manifest history and the quantity of hazardous waste present at the facility at the time of inspection by enforcement personnel.

"State CAA Director" as used in the Code of Federal Regulations which are incorporated by reference, means the Commissioner of the New Jersey Department of Environmental Protection or his or her designee.

"State Director" or "State RCRA Director" as used in the Code of Federal Regulations which are incorporated by reference, means the Commissioner of the New Jersey Department of Environmental Protection or his or her designee.

"Subcontractor" means any person who engages in the storage, collection, processing, transfer, treatment, or disposal of hazardous waste in this State through the use, control or possession of any cab, vehicle, trailer, container, transport unit or single-unit vehicle pursuant to an oral or written agreement entered into with a prime contractor for the performance of all or part of the prime contract. A lease, pursuant to N.J.A.C. 7:26G-7.2, of hazardous waste vehicle operators and/or equipment to a permittee, licensee, or exempt transporter shall not, for purposes of 7:26G-7.2, be considered a subcontract.

"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of 40 C.F.R. Part 273.

"Universal waste" means any of the following hazardous wastes that are managed under the universal waste requirements of N.J.A.C. 7:26A-7, whether incorporated prospectively by reference from 40 C.F.R. Part 273 or listed additionally by the Department:

1. Batteries;

2. Pesticides;

3. Thermostats;

4. Lamps;

5. Mercury-containing devices;

6. Oil-based finishes; and

7. Consumer electronics.

"Universal waste handler" means a generator (as defined in 40 C.F.R. § 260.10) of universal waste or the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination. Universal waste handler does not mean a person who treats (except under the provisions of 40 C.F.R. Part 273), disposes of, or recycles universal waste or a person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

"Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway or water.

Notes

N.J. Admin. Code § 7:26G-4.2

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 New Jersey Register 2240(a), 28 New Jersey Register 5360(a).
Added definitions "battery", "destination facility", "pesticide", "thermostat", "universal waste", "universal waste handler", and "universal waste transporter".
Amended by R.1999 d.19, effective 1/19/1999.
See: 30 New Jersey Register 3128(a), 31 New Jersey Register 166(a).
Inserted "State CAA Director"; and changed "State Director" definition to "State Director" or "State RCRA Director".
Amended by R.2000 d.75, effective 2/22/2000.
See: 31 New Jersey Register 1429(a), 32 New Jersey Register 693(a).
Inserted "Exempt transporter", "Licensee" and "Permittee"; and rewrote "Subcontractor".
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 New Jersey Register 2536(a), 33 New Jersey Register 880(a).
Rewrote "Consideration"; deleted "Generator inspection"; added "Small quantity generator inspection".
Amended by R.2002 d.140, effective 5/6/2002.
See: 33 New Jersey Register 3794(a), 34 New Jersey Register 1669(b).
Inserted "EPA" and "Registration certificate"; deleted phrase "or "EPA"" from "Agency"; deleted phrase "by road" from "Hazardous waste cab"; deleted phrase "by road" from "Hazardous waste vehicle".
Amended by R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 New Jersey Register 4273(a), 34 New Jersey Register 2088(a).
In "Destination facility", deleted ", except those management activities described in N.J.A.C. 7:26A-7.2(d)1 and 3 and 7.3(d)1 and 3"; in "Thermostat" and "Universal waste handler", substituted the C.F.R. reference for the N.J.A.C. reference; rewrote "Universal waste".
Amended by R.2006 d.202, effective 6/5/2006.
See: 37 N.J.R. 1285(a), 38 N.J.R. 2426(a).
Inserted definition "Grace period".