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Solid and Hazardous Waste Management Program
Guidance Document For Waste Classification


INTRODUCTION

Waste classification is a service provided to the public by the New Jersey Department of Environmental Protection's (the Department) Solid and Hazardous Waste Management Program, Bureau of Landfill and Hazardous Waste Permitting (Bureau). The Bureau's waste classification process functions as support for industry, business, government, and individuals that generate waste and need assistance in determining whether a waste is non-hazardous or hazardous as defined in the New Jersey hazardous waste regulations at N.J.A.C. 7:26G-1, 3-12 et seq. These regulations state that it is the responsibility of the waste generator to determine whether the waste generated is hazardous in accordance with the definition stated in N.J.A.C. 7:26G-5.1 et seq. The hazardous waste regulations do not require generators to obtain a letter of classification determination from the Department. Recognizing the complexity of this responsibility, and the varied backgrounds of persons in the regulated community charged with this task, the Department provides this advisory service to the requester. Generators most often request a letter of classification determination for the following three reasons:

1. The generator is not confident that the decision reached is correct, and would like a second opinion from the Department;
2. One or more parties involved in the management and disposal of the waste (e.g. excavator, transporter, landfill, etc.)   is requiring a classification; or
3. The Department, or its authorized agent, is requiring the generator to get a formal classification.

The purpose of this guidance document is to explain to waste generators the process of obtaining a formal waste classification determination from the Department.

WASTE CLASSIFICATION DETERMINATION FORM

In order to provide the service in a standardized fashion a waste classification request form and set of instructions was developed. The form lists all the information required of the waste for a proper classification. This includes the information about the generator, waste generation process, waste type, waste volume and description, site map, sampling procedure, test parameters, analytical test results tabulation, laboratory procedure and quality assurance, etc.

For complete details see "Waste Classification Request Form & Instructions"
HWM-009 directly by using the Web link: http://www.state.nj.us/dep/dshw/resource/forms.htm .

All requests for a waste classification must be submitted on the waste classification request form HWM-009. A copy of this form may be printed from the Solid and Hazardous Waste Management Program's Web link mentioned above. A separate classification request form must be completed for each different type of waste for which you are requesting a classification. For example, soils from different on-site locations that are contaminated with different types of waste materials are considered different wastes and a separate request form for each location must be submitted. Requests for the same types of waste from different locations (i.e., off site) also must be submitted on separate forms.

All wastes must be sampled in accordance with the guidance provided in Appendix 1 of the above mentioned document HWM 009 and classification requests must include the analytical data results of the samples or other relevant information such as material safety data sheets etc. pertaining to the waste in question. After reviewing a properly completed request form and the supporting data, a "letter of classification" stating the Department’s opinion on the hazardous/non-hazardous classification of the waste in question is issued to the requestor.

TYPES OF WASTE CLASSIFIED

Examples of some types of waste classified include the following:

  1. Soil contaminated with virgin petroleum fuel only.
  2. Soil contaminated with waste oil.
  3. Soil contaminated with process waste.
  4. Soil contaminated with virgin chemicals.
  5. Soil, N.O.S.*
  6. Spill cleanup waste (non-soil).
  7. Ash from fossil fuel combustion.
  8. Ash from waste incineration.
  9. Dredge spoils.
  10. Sewage sludge.
  11. Process waste sludge.
  12. Sludge, N.O.S.*
  13. Waste oil.
  14. Grit and screenings.
  15. Contaminated water.
  16. Municipal waste.
  17. Empty containers.
  18. Household exempt waste.
  19. Construction/ demo debris.
  20. Product/ raw materials.
  21. Process waste, N.O.S.

    * Not Otherwise Specified 

PROCEDURES FOR OBTAINING REPRESENTATIVE SAMPLES OF WASTE

Please refer to Appendix 1 of the HWM-009 for details. The procedures for obtaining representative samples, except for volume less than 900 cubic yards follow a statistical approach outlined in Chapter 7 of the USEPA’s guidance document 230/02-89-042 (Methods for Evaluating the Attainment of Cleanup Standards). The method was developed for waste piles, wastes in roll-off containers, and sludges in lagoons. It is not appropriate for wastes in small containers (e.g. drums, small tanks, etc.), liquids, and wastes being continuously produced. Also, because of the greater potential for "hot spots" when performing in situ sampling, all pre-excavation waste classification sampling must be approved prior to initiation. For guidance on sampling these other types of wastes, please contact the Bureau at 609-984-6985.

Compositing of samples is allowed only if the waste area(s) from which samples will be taken are homogeneous in physical appearance and anticipated concentration of the contaminant(s). The types of contaminants present in the areas to be composited also must be the same.

ALTERNATIVE SAMPLING PLAN

If the requester chooses to follow the sampling schemes listed in HWM-009, no alternative sampling plan is required. In case the requester wishes to deviate from the guidance, for example the requester chooses to take fewer samples than required in the HWM-009, then a written approval of an alternative sampling plan from this office is required prior to initiation of sampling. The Department allows alternative sampling scheme on a case-by-case basis after taking into consideration the amount of waste to be classified, the other information available on the waste generation process etc.

SAMPLE COLLECTION

Sample collection, preservation and handling must be performed in accordance with the latest edition of, "New Jersey Department of Environmental Protection, Field Sampling Procedure Manual", available from:

Mail Code: 401-07A
NJDEP Office of Constituent Services
Maps and Publications
P.O. Box 402
Trenton, NJ 08625-0402
(609) 777-1038
Web link: http://www.state.nj.us/dep/njgs/pricelst/index.htm

ANALYTICAL TESTING OF SAMPLES

Waste classification determinations are based on the analytical test results of the samples. Testing must be conducted at a laboratory certified by the New Jersey Department of Environmental Protection. For states, including New Jersey, which do not have a certification for hazardous waste analysis, the certification should cover the types of analyses performed (e.g. A.A., G.C./M.S., limited chemistry, etc.). Methods used for the analysis of samples must be the most current version of the SW-846 Methods published by the USEPA's Office of Solid Waste. Quality assurance data including chain of custody form(s) must be submitted with the request. A list of required parameters for sample analysis is included at the end of HWM-009.

REVIEW OF ANALYTICAL DATA

Upon review of the test results, the waste will be classified either as hazardous or non-hazardous and a letter will be issued to the requester. A few examples of the classification determination letters are included at the end of this guidance document.

If a waste is determined to be hazardous then it must be managed in accordance with New Jersey hazardous waste regulations (N.J.A.C. 7:26G-4-10 et seq.) including transportation by a registered hazardous waste transporter using a hazardous waste manifest and disposal at an authorized hazardous waste facility. Wastes classified as non-hazardous must be managed as solid wastes including transportation by a registered transporter to an authorized waste facility for disposal. Non-hazardous dry industrial waste is designated as ID 27 waste. For other types of solid wastes the reader is referred to N.J.A.C. 7:26-2.13(g)&(h).

WASTE CLASSIFICATION AND SAMPLING PLAN REVIEW FEES

Pursuant to N.J.A.C. 7:26G-3.3(d) the fees for waste classification and sampling plan review are as follows:
       

1. Fee for wastes with a total volume less than 200 cubic yards of solids or less than 500 gallons of liquids, per classification: $239.00;
2. Fee for wastes with a total volume more than or equal to 200 cubic yards of solids or 500 gallons of liquids, per classification: $477.00;
3. Fee for review of sampling plans submitted in support of waste classification requests, for each plan submitted: $275.00.
A check or money order payable to "Treasurer State of New Jersey" for the appropriate amount must accompany the request.

CLASSIFICATION DETERMINATIONS BASED ON EXEMPTIONS

Wastes generated by certain generators that meet the definition of "household waste" pursuant to 40 CFR 262.4(b)(1) are granted ID 27 non-hazardous waste classification letters without requiring the generator to conduct analysis of such wastes. Typically the wastes that qualify for this exemption are soils contaminated with home heating oil due to tank leakage, or oil tank removal at a privately owned home; and debris generated by municipal or state officials from spill clean-up at a motor vehicle accident scene. In such cases the homeowners or the officials may write a letter to this office providing information regarding the generation of such waste, nature of contamination, amount of waste, proposed disposal of waste and request the exempt classification letter. There is no fee for these exemption classification letters.

SUBMISSION OF CLASSIFICATION REQUEST FORM

The classification requests should be submitted to:

Mail Code: 401-02C

Chief, Bureau of Landfill and Hazardous Waste Permitting
Solid and Hazardous Waste Management Program
P.O. Box 420
Trenton, NJ 08625-0420

For further information regarding the waste classifications or sampling plan review or to request the waste classification forms and status of classification request reviews, please feel free to contact the Bureau at 609-984-6985.

RELATED WEB LINKS

1. Waste Classification Request Form: http://www.state.nj.us/dep/dshw/resource/forms.htm
2. NJDEP Maps and Publications: http://www.state.nj.us/dep/njgs/pricelst/index.htm
3. Beneficial Use of Waste: http://www.state.nj.us/dep/dshw/rrtp/bud.htm
4. Technical Requirements for Site Remediation: http://www.state.nj.us/dep/srp/regs/techrule/tecmenu.htm
5. Rules: http://www.state.nj.us/dep/dshw/resource/rules.htm

EXAMPLES OF WASTE CLASSIFICATION DETERMINATION LETTERS
                                                         (Last revised November 2010)

ID27 Letter

Mail Code: 401-02C
Solid and Hazardous Waste Management Program
P.O. Box 420
Trenton, NJ 08625-0420
Tel. # (609) 984-6985
Fax. # (609) 633-9839

Mr. XXXXXXXXXXX
Anytown, NJ 00000

RE: Filter Carbon and Iron Sludge at XXXXXX
Anytown, NJ 00000

Dear Mr. XXX:

This correspondence is in response to your letters of February 10, 2009 regarding the classification of 10 cubic yards of filter carbon and iron sludge at the above-referenced site.

Please be advised that waste that conforms with the representative sample that provided the basis for the data submitted to the Department is classified as ID 27 Dry Industrial solid waste pursuant to the rules of the Solid and Hazardous Waste Management Program. This determination is contingent on the following: if the wastes are petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of 40 CFR Part 261.24 – Hazardous Waste Codes D018 through D043 – the wastes are subject to the corrective action regulations under 40 CFR Part 280 for underground storage tank systems.

Wastes conforming with the characteristics of the representative sample must be disposed of consistent with district solid waste management plan and solid waste regulations at N.J.A.C. 7:26-1 et seq. or be beneficially used pursuant to authorization from this office. The materials will require full TCLP and other analyses before the Department will authorize them for beneficial use.

This letter constitutes merely an advisory opinion on the applicability of current New Jersey waste classification standards to a specific representative sample of a waste stream and expresses no opinion regarding any particular waste shipment to the extent that the characteristics and content differ from the representative sample of the waste stream. Because the Department has not examined, inspected, or analyzed the wastes you propose to dispose of, this response does not constitute any representation as to the actual chemical composition of said material.

Because of differing disposal facility requirements, it may be prudent to contact the selected disposal facility to determine whether there are any additional requirements with which it is necessary to comply. If you wish to obtain information concerning authorization for beneficial use of the above-referenced waste you may contact my staff at (609) 984-6985.

If you have any further questions regarding the classification of the above waste, please feel free to contact Dr. Shih Chang of my staff at (609) 984-6985 for assistance.

Very truly yours,

Sample document for reference only

Robert M. Confer, Chief
Bureau of Landfill and Hazardous Waste Permitting

Homeowner’s Exemption

Mail Code: 401-02C
Solid and Hazardous Waste Management Program
P.O. Box 420
Trenton, NJ 08625-0420
Tel. # (609) 984-6985
Fax. # (609) 633-9839

Mr. XXX
Anytown, NJ 00000

RE: Homeowner Exemption

Soil at Anytown, NJ 00000

Dear Mr. XXX:

This correspondence is in response to your recent letter dated March 16, 2009 regarding the classification of 5 tons of soil at the above-referenced site.

Please be advised that waste that conforms with the representative sample that provided the basis for the data submitted to the Department is classified as ID 27 Dry Industrial solid waste pursuant to the rules of the Solid and Hazardous Waste Management Program. This determination is contingent on the following: if the wastes are petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of 40 CFR Part 261.24 – Hazardous Waste Codes D018 through D043 – the wastes are subject to the corrective action regulations under 40 CFR Part 280 for underground storage tank systems.

Wastes conforming with the characteristics of the representative sample must be disposed of consistent with district solid waste management plan and solid waste regulations at N.J.A.C. 7:26-1 et seq. or be beneficially used pursuant to authorization from this office. The materials will require full TCLP and other analyses before the Department will authorize them for beneficial use.

This letter constitutes merely an advisory opinion on the applicability of current New Jersey waste classification standards to a specific representative sample of a waste stream and expresses no opinion regarding any particular waste shipment to the extent that the characteristics and content differ from the representative sample of the waste stream. Because the Department has not examined, inspected, or analyzed the wastes you propose to dispose of, this response does not constitute any representation as to the actual chemical composition of said material.

Because of differing disposal facility requirements, it may be prudent to contact the selected disposal facility to determine whether there are any additional requirements with which it is necessary to comply. If you wish to obtain information concerning authorization for beneficial use of the above-referenced waste you may contact my staff at (609) 984-6985.

If you have any further questions regarding the classification of the above waste, please feel free to contact Dr. Shih Chang of my staff at (609) 984-6985 for assistance.

 

Very truly yours,

Sample document for reference only

Robert M. Confer, Chief
Bureau of Landfill and Hazardous Waste Permitting

Grit and Screening

Mail Code: 401-02C
Solid and Hazardous Waste Management Program
P.O. Box 420
Trenton, NJ 08625-0420
Tel. # (609) 984-6985
Fax. # (609) 633-9839

Mr. XXX
Anytown, NJ 00000

Re: Grit and Screenings at Anytown, NJ 00000

Dear Mr. XXX:

This correspondence is in response to your letters of January 5, 2009 requesting a Departmental opinion on the classification of 20 cubic yards of grit and screenings from the above-referenced site.

Please be advised that waste that conforms with the representative sample that provided the basis for the data submitted to the Department is classified as nonhazardous solid waste pursuant to the rules of the Solid and Hazardous Waste Management Program. Grit and screenings are not categorized as a specific type of solid waste with an ID number under the New Jersey solid waste regulations at N.J.A.C. 7:26-2.13. The generator may dispose of the grit and screenings at any New Jersey landfill permitted to accept such waste, or at any out-of-state facility, in accordance with the requirements of the District Solid Waste Management Plan for the district in which the waste was generated.

This letter constitutes merely an advisory opinion on the applicability of current New Jersey waste classification standards to a specific representative sample of a waste stream and expresses no opinion regarding any particular waste shipment to the extent that its characteristics and content differ from the representative sample of a waste stream. Because the Department has not examined, inspected or analyzed the wastes you propose to dispose of, this response does not constitute any representation as to the actual chemical composition of said material.

Because of differing disposal facility requirements, it may be prudent to contact the selected disposal facility to determine whether there are any additional requirements with which it is necessary to comply.

If you have any further questions regarding the classification of the above waste, please feel free to contact Dr. Shih Chang of my staff at (609) 984-6985 for assistance.

Very truly yours,

Sample document for reference only

Robert M. Confer, Chief
Bureau of Landfill and Hazardous Waste Permitting

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Department of Environmental Protection
P. O. Box 402
Trenton, NJ 08625-0402

Last Updated: November 23, 2010