and Hazardous Waste Management Program
Bureau of Landfills and Hazardous Waste Permitting
P.O. Box 420
Mail Code: 401-02C
401 East State Street, 2nd Floor, West Wing
Trenton, New Jersey 08625-0420
Telephone: (609) 984-6985 Fax: (609) 633-9839
Guidance Document for the Management of
Street Sweepings and Other Road Cleanup Materials
This document presents guidance for the handling, characterization
and management of street sweepings and other road cleanup materials
(road cleanup materials) to provide options for the use and management
of the material without direct oversight of the New Jersey Department
of Environmental Protection (Department or DEP). These materials would
otherwise be waste, and may include but be limited to street sweepings,
storm sewer clean out materials, retention basin clean out materials
and other similar road wastes. Wastes removed from municipal sanitary
sewer systems (a.k.a. municipal wastewater systems) are not included
in these types of wastes.
Road cleanup materials may be considered as one of two categories as
a function of the type and amount of contaminants present. These are
as follows: 1) Road cleanup material that contain hazardous waste, and
2) Road cleanup material classified as waste type ID 10 municipal solid
waste (i.e., materials that may contain contaminants above or below
This guidance must be consulted in conjunction with the solid
waste regulations at N.J.A.C. 7:26 et seq. For the reader's convenience, an unofficial version of
N.J.A.C. 7:26 et seq. can be found using the "NJ Regulations"
selection on the Department's Solid and Hazardous
Waste Management Program web page at http://www.state.nj.us./dep/dshw or directly by using the Web link http://www.state.nj.us./dep/dshw/resource/rules.htm . These are courtesy copies of the adoption. The official versions of these rules were published in the New Jersey Register. Should there be any discrepancies between this text and the official version of the adoption, the official version will govern. For more information, see the New Jersey Office of Administrative Law's Rules page. To obtain official copies of these regulations consult the NJDEP Office of Legal Affair's How to Get Copies of Departmental Rules page at http://www.state.nj.us/dep/legal/get_rule.htm.
I. INTRODUCTION & BACKGROUND:
The DEP is very interested in supporting the beneficial use of solid
wastes such as road cleanup material whenever feasible. To assure that
these uses are protective of human health and the environment, uses
of road cleanup material should be approved by DEP for consistency with
Department policies, guidance (e.g., this document) and Departmental
regulations. In many instances, road cleanup materials are known to
contain elevated concentrations of contaminants such as lead and organic
compounds associated with petroleum products, which above certain levels
are known to be hazardous to human health. Therefore, uses of road cleanup
material should be managed in order to manage the risks posed to human
health and the environment.
Many beneficial uses of road cleanup material involve some form of land
application, some of which may require the Department's authorization.
When solid wastes like road cleanup material are used beneficially in
land application they are exempted from regulation as solid waste and
thus, will herein be referred to as "materials". The process
of using road cleanup material either with or without case-by-case Departmental
review for land application and other uses is outlined below.
When collected in the course of cleaning the state's streets, storm
basins and storm sewers, road cleanup materials are classified as waste
type ID 10 municipal solid waste as defined and regulated at N.J.A.C.
7:26-1.1 et seq. Normally, road cleanup material classified as ID 10,
as well as other types of solid wastes, must be directed to a solid
waste facility permitted to receive such waste for disposal. However,
an exemption to solid waste regulation at N.J.A.C. 7:26-1.1(a)1 is allowed
for solid waste, separated at the point of generation, that is sent
to an approved facility for use or reuse as raw materials or directly
as products. It is this exemption process and the associated beneficial
use regulations found at N.J.A.C.7:26-1.7(g) that allows road cleanup
material to be authorized for beneficial uses exempt from waste flow
and solid waste disposal regulations. Also exempted from solid waste
regulations is waste managed and manifested as hazardous waste in accordance
with the rules and regulations as set forth at N.J.A.C. 7:26G-1.1 et
seq., and transported directly to a hazardous waste facility from the
point of generation.
II. CONTAMINANT STANDARDS:
This section describes the basis for DEP's application of contaminant
standards to road cleanup material. The DEP has adopted site cleanup standards
that form the basis for
developing more specific regulations for the use or reuse of materials
contaminated with hazardous substances. For further guidance in this
area, these standards are specified and referenced at N.J.A.C. 7:26D,
the Remediation Standards adopted June 2, 2008..
A copy of the latest Site Remediation Standards (SRS) is available
at the Department's web site at http://www.nj.gov/dep/srp/regs/rs/.
In view of the health-based criteria set forth in the SRS for contaminated
sites and the available analytical data for typical road cleanup materials,
the contaminants in road cleanup material are not consistently at sufficiently
low levels to allow uncontrolled use. The DEP is concerned about spikes
of high concentrations of petroleum hydrocarbons such as gasoline, oils,
the organic compounds found in asphalt, or other contaminants such as
lead that typically occur in road cleanup materials. Road cleanup material should also be classified to determine whether the waste is hazardous waste required to be regulated as hazardous waste per
N.J.A.C. 7:26G. Road wastes are normally not sufficiently contaminated to prevent their use
under controlled circumstances per this guidance. Therefore, given the limited contaminant
characterization data available, approvals for use of road cleanup material
containing aggregate contaminants at a level exceeding the most stringent
latest available SRS for guidance are reviewed on a case-by-case basis
by the Bureau of Landfill and Hazardous Waste Permitting (BLHWP)..
Blanket approvals are available at this time for certain uses as outlined
herein. For the class of road cleanup material contaminated below the
department's most stringent SRS, a one-time site-specific use is allowed
as described below in Sections VI and VII of this Appendix. Applications
of any such road cleanup material to a site more than once require written
authorization of the BLHWP in order to prevent potential environmental
degradation (refer to section V.2.b.). This process ensures that use
of all road cleanup material will be consistent with the most recent
health-based guidance when road cleanup materials are proposed for use
in situations where human or environmental exposure to contaminants
III. GENERAL HANDLING REQUIREMENTS:
This section describes the general requirements applicable to handling
road cleanup materials.
1. Litter - Road cleanup materials are generally contaminated with
oversized "litter" such as plastics and paper items, road
matter, vehicle parts and other miscellaneous wastes. Before road cleanup
material may be sampled for analysis, this litter must be removed and
disposed of as ID 10 municipal solid waste or preferably, be recycled.
Small screening operations may not require separate approvals, however
processing road cleanup material in large quantities, or near sensitive
receptors may warrant separate authorization by the Department. Contact
the Solid and Hazardous Waste Management Program at 609-292-9880 for information
concerning permitting of screening operations. Bulky materials, such
as significant amounts of chunks of concrete or asphalt, should be taken
to DEP approved recycling centers, or asphalt manufacturers, for proper
recycling. Road cleanup material normally does not require this cleaning
step if disposed of unless required by the disposal facility.
2. De-icing Salts - In some cases, road cleanup material may contain
concentrations of road de-icing salts. Standards for applications of
de-icing salts are not established as it is common practice to dispense
large quantities of salts on roads for deicing during winter months.
With normal precipitation levels, significant amounts of these salts
with typically high water solubility should not be present in road cleanup
materials. Use of road cleanup material containing road de-icing salts
or other compounds, however, must be consistent with all State, Federal
and local requirements and the user should also be aware of the phytotoxic
effects of salts particularly during the growing season.
3. Transport - Disposal of road cleanup material as solid waste in
accordance with N.J.A.C. 7:26 requires transport only by licensed solid
waste transporters in registered solid waste vehicles. Transport of
road cleanup material destined for recycling centers (refer to section
V.2. below), or beneficial uses authorized by the department pursuant
to N.J.A.C. 7:26-1.7(g), is not subject to the solid waste transporter
licensing requirements, therefore, use of licensed solid waste transporters
and registered solid waste vehicles is not required in these instances.
This section describes the requirements for sampling and analysis
of all road cleanup material, except those being disposed of as ID 10
solid waste which do not require testing except as required by the disposal
All road cleanup material must be sampled and analyzed in accordance
with standard DEP quality assurance standards and practices to fully
characterize the SRS contaminants, regardless of the intended future disposition
of the road cleanup materials except for disposal as solid waste. Detailed sampling guidance may also be obtained from BLHWP at (609)
The generator of road cleanup material must determine if the road
cleanup material constitute hazardous waste in accordance with requirements
at N.J.A.C. 7:26G-1.1 et seq. A hazardous waste classification may be
required if elevated levels of contaminants are detected, at the discretion
of the department. For uses of road cleanup material requiring DEP authorization
as described herein (refer to section V.), all analytical data must
be submitted to BLHWP for review on a case-by-case basis.
Road cleanup material proposed for most beneficial use projects must
also be analyzed for any and all contaminants found on the USEPA's current
Target Analyte List (TAL)/Target Compound List (TCL) and Priority Pollutants
+ 40 scans. The list of TAL inorganic compounds/elements and TCL organic
compounds designated for analysis are those contained in the version
of the USEPA Contract Laboratory Program Statement of Work for Inorganics
and Organic Analysis, Multi-Media, Multi-Concentration in effect as
of the date on which the laboratory is performing the analysis or the
project's specific contaminant testing results.
Additional sampling may be required based on the results of the initial
data collected if further contaminant delineation is necessary. A higher
frequency of sampling, screening and analysis may be required to characterize
the road cleanup material when "hotspots" of contamination
are known or suspected to exist in a pile. For very large quantities
of road cleanup material a lower frequency of sampling may be appropriate,
subject to departmental authorization, based on site-specific data.
It is recommended that the DEP review sampling plans that vary from
the sampling methods outlined in Appendix G prior to sampling.
While typical road cleanup material would not be expected to exhibit
excessive amounts of radioactivity, it cannot contain material regulated
pursuant to the Atomic Energy Act or any regulations for radioactive
materials administered by the Nuclear Regulatory Commission ("NRC")
or other agencies, be classified as technologically enhanced naturally-occurring
radionuclide material (TENORM) which is ID 27 Dry Industrial Solid Waste
in New Jersey, or contain any radionuclide over the levels established
in the "Soil Remediation Standards for Radioactive Materials"
at N.J.A.C. 7:28-12.
V. MANAGEMENT OPTIONS:
This section describes various management options for the following
categories of road cleanup material: 1) Road cleanup material that contain
hazardous waste, and 2) Road cleanup material classified as waste type
ID 10 municipal solid waste (i.e., materials that may contain contaminants
above or below regulatory concern). It also describes the process of
obtaining department authorization for use of road wastes. Whenever
any road cleanup materials are used for any purpose other than disposal
in accordance with N.J.A.C. 7:26-1.1 et seq., the following conditions
must be met:
1. Hazardous Waste - Road cleanup material that contain a hazardous
waste must be managed as hazardous wastes when contamination is above
the non-hazardous waste limits or the road cleanup materials are otherwise
classified a hazardous waste. The road cleanup material must always
be managed as a hazardous waste in accordance with N.J.A.C. 7:26G-1.1
et seq. and the USEPA Code of Federal Regulations Title 40, Parts 260-299.
The only management option for road cleanup material containing a hazardous
waste is management as a hazardous waste.
Handling - All road cleanup material designated as hazardous waste
per N.J.A.C. 7:26G-5 and 40 CFR 261 must be properly staged and removed
within 90 days. Hazardous waste piles are prohibited. When road cleanup
material are determined to contain a hazardous waste they must be staged
during the remaining 90-day period in accordance with N.J.A.C. 7:26G-6
and 40 CFR 262 (i.e. either sealed roll-off container or sealed drums).
2. Non-hazardous ID 10 Municipal Solid Waste - Road cleanup material
contaminated at levels above the regulatory concern limit (see section
V.3. below), and which are not classified as hazardous waste, are considered
to be non-hazardous solid waste. Road cleanup materials are classified
as ID 10 municipal solid waste if treatment, storage or disposal at
an authorized solid waste facility is a short or long-term management
option. If ID 10 road cleanup material are used beneficially with DEP
authorization in accordance with section V.2.b. below, the road cleanup
materials are then considered beneficially useable materials exempt
from solid waste regulation, not ID 10 solid waste.
a. Handling - Contaminated road cleanup material designated as non-hazardous
solid waste may not be stockpiled for more than six months pursuant
to the solid waste regulations, N.J.A.C. 7:26-1.1;1.4. Security and
public access must be considered when selecting a location for stockpiling
of any potentially contaminated road cleanup materials. Staging of any
potentially contaminated road cleanup material must be performed using
methods that minimize the disturbance of the road cleanup material and
minimize on-site handling and storage. At a minimum, all potentially
contaminated road cleanup material must be staged on an impervious surface
and covered with a waterproof material (i.e., tarpaulin or 10-mil plastic
sheeting). The containment must be maintained for the duration of the
staging period to prevent contaminant volatilization, runoff, leaching,
or fugitive dust emissions.
b. Beneficial Use Authorization Process - For use of contaminated
materials such as road cleanup material contaminated above the latest
most stringent SRS, a written application by the generator and a written
determination from the DEP must be made for the non-applicability of
the solid waste regulations set forth in N.J.A.C. 7:26-1.1 et seq. This
is required for any in-state or out-of-state use for road cleanup material
with any contaminant level exceeding the latest most stringent SRS and
is also required for second or additional applications of any road cleanup
material in New Jersey at the same site. The following are the standard
requirements for a Certificate of Authority to Operate beneficial use
project. Additional requirements are specified at N.J.A.C. 7:26-1.7(g)
that also apply to application for the use of road cleanup material,
and are detailed in the main body of this Technical Manual.
c. General Requirements for Use - In all cases, any use of road cleanup
material must be protective of ground water and surface water bodies
and subsurface structures, such as basements and other indoor areas,
as well as all other potential human and other ecological receptors.
In addition, all other requirements for any prospective use of road
cleanup material must be met. These requirements include, but are not
limited to: any limitations imposed by wetlands restrictions; stream
encroachment regulations; limitations on use of materials contaminated at any level where
the contaminants could pose a risk to surface or ground water; hazardous
waste recycling regulations; and any other requirements, in addition
to i.-iv. below:
i. Pinelands Area - Road cleanup material generated outside or within
the Pinelands Area that contain contaminants at or below the most stringent
cleanup levels established by the DEP shall not be moved from the site
of generation into or within the Pinelands Protection Area unless the
road cleanup materials are at or below the receiving site's contaminant
background levels. Road cleanup material generated in the Pinelands
Area that exceed background levels may not remain in the Pinelands Area
but may be used elsewhere with written permission of the DEP in accordance
with the requirements set forth in this document. Written approval from
the New Jersey Pinelands Commission, New Lisbon, NJ 08064, must be obtained
before any disturbance or moving of road cleanup material at any level
of contamination within the Pinelands Area.
ii. Objectionable Odors or Appearance - Road cleanup material having
objectionable odors, including petroleum or synthetic chemical odors,
shall not be used in residential areas or other locations where the
public would be exposed or where such odors or appearance would render
a site or its improvements unusable for their reasonably intended purpose.
Specifically, the road cleanup material to be used must not violate
the air pollution rules, N.J.A.C. 7:28-1.1 et seq. or local nuisance
iii. Regulatory Compliance - The road cleanup material must be used
in accordance with all applicable federal, state and local requirements.
iv. Allowable Storage Time - Non-hazardous road cleanup material contaminated
at levels above the most stringent SRS must not be stockpiled at the
site of generation, or elsewhere, for more than six months from the
date of collection until disposition pursuant to the solid waste regulations,
N.J.A.C. 7:26-1.1; 1.4. Therefore, road cleanup material use considerations
and subsequent actions should be acted on as soon as anticipated.
3. Contaminated Below Regulatory Concern - Road cleanup material with
contaminant levels consistently below the latest most stringent site-specific
SRS standards are generally suitable for use without prior approval
on a one-time site-specific basis, or if the road cleanup materials
are recycled at an approved recycling center. Only road cleanup material
that contain contaminants at levels below the most stringent SRS established
by the DEP for a specific site, are not of regulatory concern with the
exception of sites in the Pinelands Area which may require separate
authorization from the Pinelands Commission - see Section V.2.c.i. In
addition, the minimum criteria for all use applications, as noted in
section V.2.c. above, also apply to road cleanup material below regulatory
VI. EXAMPLES OF USES:
This section outlines the department's guidance for a number of different
potential uses for road cleanup materials. All uses described below
require written BLHWP authorization as outlined in section V. of this
document, unless explicitly stated otherwise in each section. The general
handling requirements outlined in section III., and all other requirements,
are also applicable to all potential uses listed below except as noted
below. All references to use criteria in this document shall be taken
to mean the latest available criteria from the department.
1. Fill for potholes - Road cleanup materials, with analytical values
at levels below the latest non-residential SRS criteria, are normally
suitable for direct use as fill for potholes, whether the road cleanup
materials are incorporated into an asphalt binder or are used directly
as sub-fill for larger holes. If the road cleanup materials are used
as sub-fill for larger holes, they must be capped with normal road surfacing
material, such as concrete or asphalt. Department approval is not required
for this use.
2. Embankment for emergency road repairs - Road cleanup material with
analytical values at levels below the most stringent SRS criteria are
usable for embankment material without prior Department approval. Embankment
material is needed by DOT for emergency road repairs when road surfaces
and base materials are eroded or removed due to washout or other circumstances.
3. Containment/absorption medium for hazardous materials spill response
- Road cleanup materials, unless determined to be hazardous wastes,
are suitable for use as absorptive material to contain or to absorb
hazardous materials in emergency situations. Following such use, the
road cleanup material must be immediately handled in accordance with
all requirements for hazardous materials. The road cleanup material
cannot be permitted to wash into surface waters. If road cleanup materials
are used in the form of embankments to contain larger spills, the road
cleanup material must be stabilized to prevent surface waste contamination,
and be collected and managed appropriately as a contaminated material.
4. Sub-base fill - Road cleanup material contaminated at levels below
the latest non-residential SRS may be used for sub-base fill.
5. Soil mix additive for pavement materials - Road cleanup material
may be used directly as replacement for raw material in concrete or
asphalt for paving or other uses, without prior approval, if not contaminated
above the latest non-residential SRS limits, and all other requirements
for manufacture and use of the product are met.
6. Deicing/Antiskid Material - Road cleanup material may be used as
deicing or antiskid material if contaminated below the residential SRS
without prior Department approval.
7. Landfill cover - Under most circumstances, unless road cleanup
material have been analyzed and determined to be hazardous wastes, road
cleanup materials are suitable for landfill cover from the standpoint
of pollutant contamination levels. Use of road cleanup material for
landfill cover, especially road cleanup material with higher levels
of contamination, isolates these contaminants from further contact with
the environment and provides a favored option for road cleanup material
use. It is, of course, the prerogative of individual landfill operators
to require analyses of materials they are using for cover and under
those circumstances, individual facilities may set certain limits or
other criteria for contaminant levels in the materials. The generator of the road cleanup material should
contact the landfill operator.
8. Recycling Centers - For recycling at approved Class B and Class
C recycling centers in New Jersey: contact the authorized recycling
center directly or Bureau of Transfer Stations and Recycling Facilities (BTSRF) at 609-292-9880. The Recycling Center must be
authorized to accept road cleanup material specifically in its General
Approval, or otherwise in writing by the Solid and Hazardous
Waste Management Program road cleanup material accepted at an approved DEP recycling center
do not require a waste flow exemption or a prior site-specific use approval
as outlined below.
9. Other Uses Land Application - Other one-time land application uses
of road cleanup material without prior approval are feasible in line
with the above guidance if all contamination levels are below the latest
most stringent site-specific SRS. Direct land application of road cleanup
material contaminated at any level above the most stringent SRS and
second or additional applications of road cleanup material contaminated
below regulatory concern at the same site require DEP authorization
on a case-by-case basis. Application for such uses must be made to BLHWP
for a Certificate of Authority to Operate (CAO) a Beneficial Use Project
pursuant to N.J.A.C. 7:26-1.7(g). This type of authorization is technically
rigorous, will require a detailed site description and may require at
least six to eight weeks for review. Contact BLHWP for details. Actual
standards applied at a particular site are determined by the DEP on
a case-by-case basis and may differ from site to site. This variation
is due to many factors, including site-specific human health and environmental
exposure pathways, the presence and combinations of synergistic or additive
site contaminants, and site-specific physical characteristics, however
it is not the Department's intention to introduce contaminated materials
into areas with lower levels of contamination.
Asphalt Incorporation - Road cleanup materials may be used directly
at asphalt manufacturing plants as an ingredient in asphalt (bituminous
concrete) production as exempt from solid waste regulations pursuant
to N.J.A.C. 7:26-1.1(a)1 and N.J.A.C. 7:26A-1.4(a)1i.
Product Incorporation - Additionally, road cleanup materials, even those
contaminated at higher levels of contamination, may be incorporated
into structural products where the road cleanup materials are physically
bound, or permanently entrained, such as into asphalt, concrete, structural
building materials (such as block and brick) or other similar structural
products. All requirements for the product's manufacture and use must
be met. Case-by-case Departmental authorization is required for these
uses only at a contamination level above non-residential SRS limits,
except as outlined above for asphalt production.
10. Disposal: For information on disposal in accordance with N.J.A.C.
7:26 at a designated solid waste facility, contact the appropriate county
solid waste management official for the designated solid waste district
facility, to determine if the district has such a facility for ID 10
waste. A list of county solid waste officials is available at the department's
VII. RESPONSIBILITY & DISCLAIMER:
It is the responsibility of the generator of the road cleanup material
to properly manage and characterize/classify the road cleanup material
and to determine if road cleanup materials are contaminated.
Disclaimer: This guidance is offered without prejudice and shall not
affect any ongoing or future enforcement actions that the Department
or any other agency may take against any person for past or future activities.
This guidance shall not relieve any person from obtaining any and all
permits and authorizations required from any Federal, State, county
or local agency and complying with all regulations and other requirements.
The DEP reserves the right to require or conduct testing. Should road
cleanup material be considered unsuitable by the DEP after the road
cleanup material have been used/reused, the generator of the road cleanup
material is responsible for their proper remediation, as well as for
the remediation of all other media affected. Specifically, the DEP may
take action if a more stringent SRS is adopted, the SRS's were improperly
applied to a use application or other relevant requirements or criteria
are developed. Use of road cleanup material shall not relieve any person
from obtaining any and all permits required from any federal, state,
county or local agency. This document does not grant permission to fill
or alter floodplain areas, riparian lands, freshwater wetlands or surface
water runoff conditions without the appropriate approvals.
The BLHWP, at (609) 984-6985 may be contacted for assistance and to
obtain or confirm the latest available update of this guidance, which
is also available at the department's web site http://www.state.nj.us/dep/dshw/rrtp/bud.htm.