N.J. Admin. Code § 7:26-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26-2.1 - Scope and applicability

(a) This subchapter and N.J.A.C. 7:26A, 2B, 2C and 2D shall constitute the rules and regulations of the Department governing the disposal of nonhazardous solid wastes unless specifically exempted by 7:26-1.1, 1.7 or 1.8.

(b) This subchapter does not apply to hazardous waste. See N.J.A.C. 7:26G. However, hazardous waste facilities and activities, both major and minor, are not exempt from the requirements of registration, approval and regulation under the Solid Waste Management Act except where expressly so provided. The principal rules pursuant to the Act, governing the registration and other aspects of the regulation of such facilities and activities, are set forth elsewhere in this chapter. See also other chapters of the New Jersey Administrative Code where applicable.

(c) This subsection sets forth the specific criteria for exempting rail carriers:

1. This subchapter does not apply to a rail carrier that transfers containerized solid waste to or from rail cars. For the purpose of this subchapter, the term "rail carrier" shall mean a person as defined in 49 U.S.C. § 10102(5) that provides common carrier railroad transportation and has been approved pursuant to 49 U.S.C. §§ 10901 or 10902, by the United States Surface Transportation Board (or its predecessor agency) or otherwise has been recognized as a rail carrier by such agency, and holds out to the general public that the operations at the facility for which the exemption under this subchapter is applicable are being conducted by it or on its behalf as part of its rail transportation services. However, a rail carrier that transfers containerized solid waste to or from rail cars is not exempt from regulation pursuant to the Solid Waste Management Act, and shall be subject to the provisions of N.J.A.C. 7:26-2D.

2. Rail carriers engaged in the business of solid waste transportation by rail or the transfer of containerized solid waste to or from rail cars, but that do not engage in the business of solid waste collection (as defined by 13:1E-3 ) by other means of transportation within the State of New Jersey, are exempted from the requirement to submit a disclosure statement pursuant to 7:26-16.3.

3. The exemptions set forth at (c)1 and 2 above shall not apply to a solid waste transporter that transports waste to a rail carrier via truck, barge or other nonrail modes. Such a transporter shall remain subject to all applicable solid waste regulations, including, but not limited to, registration and district plan solid waste flow control provisions.

(d) A rail carrier as defined at (c)1 above that transfers noncontainerized solid waste to or from rail cars that is in compliance with N.J.A.C. 7:26-2D.1 as of November 2, 2009, shall submit the following documents by May 1, 2010:

1. The disclosure statements required under N.J.A.C. 7:26-16; and

2. A complete application for a solid waste facility permit to the Department.

N.J. Admin. Code § 7:26-2.1

New Rule, R.1987 d.235, effective 6/1/1987.
See: 18 N.J.R. 883(a), 19 N.J.R. 928(b).
Original rule was "Dumps prohibited".
Amended by R.1987 d.534, effective 12/21/1987.
See: 19 N.J.R. 1035(a), 19 N.J.R. 2426(a).
Added text in (b) "However hazardous waste ..."
Emergency Amendment, R.1988 d.547, effective 10/26/1988 (expires December 25, 1988).
See: 20 N.J.R. 2817(a).
Added sections 1.11 or 1.12 to (a).
Adopted Concurrent Proposal, R.1989 d.55, effective 12/23/1988.
See: 20 N.J.R. 2817(a), 21 N.J.R. 198(a).
Provisions of Emergency Amendment R.1988 d.547, readopted without change.
Amended by R.1996 d.500, effective 10/21/1996.
See: 28 N.J.R. 1693(a), 28 N.J.R. 4606(a).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a).
In (a), amended N.J.A.C. references; and deleted (c).
Amended by R.2004 d.408, effective 11/15/2004.
See: 35 N.J.R. 4405(a), 36 N.J.R. 5098(b).
In (a), substituted "N.J.A.C. 7:26A, 2B, 2C and 2D" for "N.J.A.C. 7:26A and 2B" preceding "shall constitute"; added (c).
Amended by R.2009 d.335, effective 11/2/2009.
See: 40 N.J.R. 6507(b), 41 N.J.R. 4105(a).
In (c)1, deleted "or noncontainerized" preceding "solid waste" twice; in (c)2, deleted "disposal or" preceding "transportation", substituted "or the transfer of containerized solid waste to or from rail cars," for a comma following "transportation by rail" and updated the N.J.S.A. reference; and added (d).