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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection
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Division of Solid and Hazardous Waste
Bureau of Recycling and Hazardous Waste Management
P.O. Box 420
Mail Code: 401-02C
401 East State Street, 2nd Floor, West Wing
Trenton, New Jersey 08625-0420
Telephone: (609) 984-3438

https://www.nj.gov/dep/dshw

GUIDANCE DOCUMENT for the BENEFICIAL USE PROJECT (BUD) APPROVAL PROCESS
Revised 02/03/2021

The information outlined herein is intended to serve only as guidance to applicants who wish to obtain a Certificate of Authority to Operate (CAO) for a beneficial use project determination (BUD), pursuant to N.J.A.C. 7:26-1.7(g) from the Division of Solid and Hazardous Waste, Bureau of Recycling and Hazardous Waste Management.

This guidance must be consulted in conjunction with the solid waste regulations at N.J.A.C. 7:26 et seq. to understand the complete beneficial use regulatory requirements of N.J.A.C. 7:26. 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 Division of Solid and Hazardous Waste web page at https://www.nj.gov/dep/dshw or directly by using the Web link https://www.nj.gov/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 https://www.nj.gov/dep/legal/get_rule.htm.

INTRODUCTION

The Department's Solid Waste Regulations require that the materials classified as non-hazardous ID 27 Dry Industrial and other types of solid waste must be directed to a solid waste facility permitted to receive such waste for disposal. However, the Department is very interested in supporting and encouraging the beneficial use of materials that would otherwise be waste, in environmentally sound applications. This preserves valuable landfill space for essential disposal uses and helps conserve natural resources by using valuable existing materials. To date, the Department has issued over 290 CAOs authorizing beneficial use of different materials for more than approximately 3.9 million cubic yards of these materials. The CAOs for beneficial use projects are issued under the exemptions to the solid waste regulations as specified at N.J.A.C. 7:26-1.1(a)1 and N.J.A.C. 7:26-1.7(g), allowing non-putrescible material separated at the point of generation to be sent to an approved facility for beneficial use or for on-site beneficial use at the site of generation.

The term "BUD", an acronym for the term "beneficial use determination," has been adopted by many states and the public as a general reference to regulatory beneficial use approvals. In New Jersey the use of the term BUD may reference the process of an applicant obtaining a CAO for a beneficial use project, and can also mean the actual approval or project.

MATERIALS EXEMPTED FROM THE CERTIFICATE OF AUTHORITY TO OPERATE (CAO) A BENEFICIAL USE PROJECT APPROVAL PROCESS

There are some categories of material that have been exempted from the requirement to obtain a Certificate of Authority to Operate (CAO) a beneficial use project. These exemptions are provided under the solid waste regulations, and are determined by the source of the material and/or the circumstances of the material reuse as follows:

1. Materials Produced By a Recycling Center: (N.J.A.C. 7:26-1.7(g)2)
The materials produced at a permitted recycling center as regulated pursuant to N.J.A.C. 7:26A are deemed to be approved for beneficial use provided the recycled product is used or reused directly as a product or as a substitute for raw material that is incorporated into a product meets the generally accepted products specifications and standards for a similar manufactured product or raw material, and provided the recycled product poses no greater risk to human health or the environment than the use of the product or raw material it is replacing.

Pursuant to N.J.A.C. 7:26-1.13, the Department may exercise this Burden of Proof provision to require persons claiming an exclusion or exemption from a regulation to demonstrate such to the Department's satisfaction in order to ensure legitimate use of materials.

2. Materials Used/Reused Directly as a Product or Raw Material Substitute: (N.J.A.C. 7:26-1.7(g)3)

The requirement to obtain a Certificate of Authority to Operate a beneficial use project is not applicable to materials used or reused directly as a product or as a substitute for raw material which is incorporated into a product that meets the original product specifications, provided the material poses no greater risk to human health or the environment than the use of the product or raw material it is replacing.

Pursuant to N.J.A.C. 7:26-1.13, the Department may exercise this Burden of Proof provision to require persons claiming an exclusion or exemption from a regulation to demonstrate the applicability of the exemption to the Department's satisfaction in order to ensure legitimate use of materials.

3. Specific Materials Exempted Under the Beneficial Use Regulations: (N.J.A.C. 7:26-1.7(g)4)

The materials identified below are categorically approved for beneficial use and require no formal approval or authorization for use or reuse provided they are used or reused in a manner consistent with N.J.A.C. 7:26-1.1:

a. aggregate in asphalt or concrete applications;

b. tire chips that are used as aggregate for road base materials or asphalt pavements in accordance with New Jersey Department of Transportation standard specifications, or whole tires or tire chips when they are used for energy recovery;

c. Uncontaminated glass used as a substitute for conventional aggregate in asphalt or concrete applications.

d. Tire chips as aggregate for roadbase materials or asphalt pavements in accordance with New Jersey Department of Transportation standard specifications, or whole tires or tire chips when used for energy recovery.

e. Soils for on-site reuse that contain contaminants at levels below the most stringent soil remediation standards established by the Department for that specific site, except for sites located in the Pinelands Area.

f. Contaminated soil that has been decontaminated to the satisfaction of the Department and is used or reused in a manner acceptable to the Department.

g. Non-hazardous solid waste, paper mill fiber (fiber from either virgin pulp or recycled paper mills) or paper fiber combustion ash (ash produced by incineration of paper mill fiber and paper de-inking sludge by-products) approved in advance by the Department for use or reuse as cover material, landfill liner, cap material, or other landfill design and management components. The approval requirements for landfill material can be found at N.J.A.C. 7:26-2A.8(b).

h. Coal combustion bottom ash or paper fiber combustion ash (ash produced by incineration of paper mill fiber and paper de-inking sludge by-products) that is used or reused as a component in the manufacture of roofing shingles or bituminous asphalt products.

i. Coal combustion fly ash, gas scrubbing by-products or paper fiber combustion ash (ash produced by incineration of paper mill fiber and paper de-inking sludge by-products) that is used as an ingredient to produce light-weight block, light-weight aggregate, manufactured gypsum or manufactured calcium chloride.

j. Coal combustion fly ash, coal combustion bottom ash or paper fiber combustion ash (ash produced by incineration of paper mill fiber and paper de-inking sludge by-products) that is used as a cement or aggregate substitute in structural concrete, structural concrete products, as a raw feedstock in the manufacture of cement or as a cement substitute for structural grade products, or sub-base in roadway construction.

k. Coal combustion fly ash, coal combustion bottom ash or paper fiber combustion ash (ash produced by incineration of paper mill fiber and paper de-inking sludge by-products) that is used as an aggregate substitute in structural asphalt product.

Additional categories of exemption are under consideration for future regulatory adoption.

CAO APPLICATION SUBMISSION REQUIREMENTS

In order to use materials that would otherwise be solid waste pursuant to N.J.A.C. 7:26 et seq. for beneficial use projects pursuant to the exemption to the solid waste regulations at N.J.A.C. 7:26-1.7(g), this office normally requires the following items.

-NOTE: the following information is intended only as a guide to completing and filing an application for a CAO for a beneficial use project. The Department may require additional information or amend an application at any time due to modified application requirements, project-specific requirements, or other reasons. Filing an application for a CAO a beneficial use project does not convey any authority for any person to transport, move or use any material unless a CAO is issued in writing from the Department.

1. A letter sent to the Division of Solid and Hazardous Waste (Division) from the generator, certifying the material proposed for beneficial use is analyzed or does not meet any other criteria or characteristic and is free of any other contaminant or waste that would either: 1) cause the material to be classified as a hazardous waste in New Jersey; 2) make the material subject to Land Disposal Restrictions at 40 C.F.R. 268; or 3) otherwise make the material ineligible for consideration for regulation pursuant to N.J.A.C. 7:26-1.7(g). A hazardous waste classification or other information may be requested at the discretion of the Department.

An application sent to the Division that includes the following:

2. The generator must include in the application, a letter from the receiving facility, agreeing to accept the specified amount of material from the generator, its intention to beneficially use the material, details of the beneficial use project pursuant to N.J.A.C. 7:26-1.7 (g) and the time frame for such activity from the date of receipt of material at the receiving facility. In addition, we request the generator send this information directly to the solid waste coordinator of the county of the material's origin.

3. All materials for land applications within the State of New Jersey must be sampled and analyzed in accordance with standard DEP quality assurance standards and practices at a minimum as specified at N.J.A.C. 7:26E to fully characterize the contaminants in the latest Soil Remediation Standards (SRS) https://www.nj.gov/dep/srp/guidance/scc/ or other contaminants as specified on a case-by-case basis. For further guidance in this area, these standards are referenced at N.J.A.C. 7:26D, the Technical Requirements for Site Remediation amended September 2, 2008, which are available at Web link https://www.nj.gov/dep/rules/rules/njac7_26d.pdf . Generally for most circumstances of beneficial use, materials for land application must contain contaminants below the most restrictive Direct Contact or Impact to Groundwater (IGW) SRS. The Department may require IGW analysis if a contaminant is present in the proposed beneficial use material. The Program may allow reduced sampling and analytical plans depending on the nature of the material, historical sampling and specified use, following review on a case-by-case basis. Materials being considered for land applications in New Jersey may need to be tested for dioxins/furans (17 congeners) in accordance with SW 846, Method 1613B, 1 ppt detection limit, or other Department approved methods, at a New Jersey certified laboratory. Detailed standard sampling plan guidance may be obtained from the Bureau of Recycling and Hazardous Waste Management. The Department may also request an Environmental Health and Risk Assessment and/or a natural resource analysis and information regarding aquifer classifications as required on a case-specific basis.

Radionuclides: If radionuclides are suspected at industrial, mining or other sites, analyze by gamma spectroscopy for the natural series of radionuclides. The representative samples should be dried, sealed and counted after 21 days. The minimum detectable concentration requirement for Ra-226 and Th-232 daughter nuclides should be 0.5 picoCuries per gram (pCi/g) on dried material. Provide laboratory documentation of analysis and methodology. The laboratories must be certified by the Department's Office of Quality Assurance (OQA) for radionuclides in soil analysis DOE 4.5.2.3. Contact OQA at (609)633-3840 for a current list of certified laboratories.

The following industries are recognized by the Department’s Bureau of Environmental Radiation as having the potential to have technologically enhanced Naturally Occurring Radioactive Material (NORM) contamination potential: Paper and pulp facilities; Ceramics manufacturing; Paint and pigment manufacturing; Metal foundry facilities; Optical glass; Fertilizer plants; Aircraft manufacture; Munitions and armament manufacture; Scrap metal recycling; Zirconium manufacturing; Oil and gas production, refining, and storage; Electricity generation; Cement and concrete product manufacture; Radiopharmaceutical manufacturing; Geothermal energy production.

If material is from a radioactive materials licensee or former licensee, or is a radioactively contaminated site, contact the Bureau of Environmental Radiation (https://www.nj.gov/dep/rpp/ber/index.htm ) for guidance.

For out-of-state shipments:
1. letters or other supporting documentation certifying that the material does not contain contaminants that would cause the material to be classified as hazardous waste, documentation from the receiving facility stating that the owner agrees to accept the specified amount of material and indicating the receiving facility owner's intention to use the material and the time frame for such activity, documentation that the information required at N.J.A.C. 7:26-1.7(g) 8ii has been sent to the Solid Waste Coordinator of the county of the material's origin, and documentation from the appropriate regulatory agencies of the state where the reuse facilities are located or copies of the current facility permits, verifying the facility is operating in accordance with applicable rules and regulations and can accept the material specified above for the declared reuse or beneficial use purpose.

2. Once the material is delivered to the reuse facility, the generator and/or owner who originally produced the material for use in a beneficial use project shall submit on an annual basis a report to the Department detailing the amount of material used, the date(s) of such use, the location(s) of the use, and any other information as required by the Department in the certificate of authority to operate.

Note: for in-state and out-of-state beneficial use projects, the Department will share all application information, such as material history, enforcement issues, analytical data and related information concerning the material with the receiving facility, related parties of interest and relevant State regulatory agencies during the application review and confirmation process.

The Department will issue or deny a certificate of authority to operate a beneficial use project in the State of New Jersey in writing to the applicant within ninety (90) days of receipt of a complete application. The Department will issue or deny a certificate of authority to operate an out-of-state beneficial use project in writing to the applicant within forty-five (45) days of receiving a complete application.

SPECIFIC GUIDANCE FOR THE BENEFICIAL USE DETERMINATION (BUD) APPROVAL FOR MATERIALS GENERATED IN NEW JERSEY BY PUBLIC AGENCIES AND/OR INVESTOR-OWNED UTILITIES THAT ARE DESTINED FOR PENNSYLVANIA FOR MINE RECLAMATION PROJECTS UNDER PERMITS ISSUED BY PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (PADEP)

The Department hereby issues the following guidance applicable for beneficial use determination (BUD) specific to materials generated from construction and development activities conducted directly and solely by public agencies and/or investor-owned utilities or their legally hired contractors, whereby the material is shipped to Pennsylvania for mine reclamation at specific PADEP permitted mine reclamation facilities. This guidance document is not intended to supersede the applicable regulations at N.J.A.C. 7:26-1.7(g), rather specifies procedures within the regulatory framework to expedite NJDEP's such BUD application review process by eliminating the requirement to submit certain documents to NJDEP that are reviewed and approved by PADEP as part of PADEP's source and material approval process for mine reclamation, as detailed below:

  1. Guidance for project (source) sites generating 3,000 cubic yards or less of material

    For shipment of material from these sites, consistent with PADEP policy, NJDEP will accept a self-certification by the generator of the material confirming the suitability of the material as reclamation fill at the receiving permitted mine site in PA. The self-certification shall be based on due diligence or sampling or both. A detailed description of the procedure followed for the due diligence or sampling or both, must be included with the self-certification.

  2. Guidance for project (source) sites that generate greater than 3,000 cubic yards of material

    For shipment of material from these sites, PADEP requires pre-approval which includes sampling of the material and review of the associated analytical results. NJDEP will not require any additional sampling and analysis, rather will accept submission of the same analytical results that were submitted to PADEP for approval. Should all the material not be generated prior to submittal of the BUD application, rather generated in batches, then the BUD approval will be issued for the estimated total amount of material to be generated at the project site, with a provision to submit PADEP approvals issued for materials generated from subsequent batches prior to their shipment.

  3. Guidance for all project (source) sites irrespective of the amount of material generated

    Material shall not be shipped from any project (source) site without first obtaining an NJDEP issued BUD approval. In the event that the material shipped is rejected by the receiving mine reclamation facility, the generator of the material will be responsible for its disposal as solid waste in accordance with the waste flow procedures of the county of origin of the material, and may be subject to penalties.

    The generator of the material shall maintain a log of each shipment that must include proof of acceptance or rejection of the material by the receiving site, which must be made available upon request of the Department or other authorized agency.

    The generator of the material shall maintain a written approval and willingness of the receiving mine facility to accept the specified quantities of material from that specific project (source) site for mine reclamation, that would include the required permits and approvals for source and material issued by PADEP. A copy of this documentation shall also be maintained in vehicles transporting the material to the PA mine facility during the pendency of the project and made available upon request of the Department or other authorized agency.

    NJDEP would require the generator to submit an annual report detailing the amount of material used, the date(s) of such use, the location(s) of the use, and any other information as required by the Department in the BUD approval.

  4. BUD Application Requirements and Expedited Review Timeline:

    Upon receipt of an administratively and technically complete application that must include, at a minimum, the information described below in addition to the generator and site-specific administrative type information required of all BUD applicants, the Department will review the applications on an expedited manner and anticipates approving or denying the request within 7 business days.

    Based on the above guidance, and consistent with existing out-of-state BUD application requirements specified at N.J.A.C. 7:26-1.7(g)8, the following shall be submitted:

    1. A separate BUD application for each project (source) site irrespective of the amount of material generated. A linear construction project will be considered a single project (source) site.
    2. Letters or other supporting documentation by the generator of the material certifying that the material does not contain contaminants that would cause the material to be classified as hazardous waste,
    3. Letter of other supporting documentation from the receiving facility stating that the receiving facility's owner agrees to accept the specified amount of material, use the material for the intended purpose, and the time frame for such activity.
    4. Documentation that the information required at N.J.A.C. 7:26-1.7(g) 8ii has been sent to the Solid Waste Coordinator of the county of the material's origin.
    5. Copies of the destination facility's current PADEP issued mine reclamation permits, appropriate documentation verifying that the facility is operating in accordance with applicable rules and regulations and can accept the material specified above for the declared reuse or beneficial use purpose.

APPLICATION FORM, INSTRUCTIONS and REVIEW CHECKLIST

An electronic copy of the Application Form and Instructions for Completing the Certificate of Authority to Operate (CAO) a Beneficial Use Project can be found at https://www.state.nj.us/dep/dshw/rrtp/benuseap.htm To ensure all the information needed to complete the review is included on the CAO application, a CAO-Approval Application Review Checklist is provided at the following web link: https://www.nj.gov/dep/dshw/rrtp/benuse/budchklst.pdf .

Applications, attachments and relevant fees should be submitted to:

Chief, Bureau of Recycling and Hazardous Waste Management
Division of Solid and Hazardous Waste
NJDEP
P.O. Box 420, Mail Code: 401-02C
Trenton, NJ 08625-0420

For further information regarding the CAO approval process, including assistance with sampling and analytical plans, application requirements, beneficial use project evaluations and status of project reviews, please feel free to contact the Beneficial Use Section of this Bureau at 609-984-3438.

AUTHORIZED NEW JERSEY BENEFICIAL USE PROJECTS

https://www.state.nj.us/dep/dshw/rrtp/benuproj.htm


Contaminated Soil Guidance Document: (Currently being revised)

Management of Road Wastes (Street Sweepings) Guidance Document:
https://www.state.nj.us/dep/dshw/rrtp/sweepings.htm

RELATED WEB LINKS

Soil Remediation Standards:
https://www.nj.gov/dep/rules/rules/njac7_26d.pdf

Technical Requirements for Site Remediation:
https://www.nj.gov/dep/rules/rules/njac7_26e.pdf

Additional Solid and Hazardous Waste Management Program Forms:
https://www.state.nj.us/dep/dshw/resource/forms.htm

New Jersey Solid Waste Regulations, N.J.A.C. 7:26-1.1 et seq.

https://www.nj.gov/dep/dshw/resource/rules.html

 

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Last Updated: February 3, 2021