NJDEP Recycling Exemptions

In accordance with state regulations (N.J.A.C 7:26A-1.4), some limited recycling activities are exempt from needing NJDEP solid waste division approval prior to operating. Additionally, some of these limited recycling activities may commence without first obtaining and Morris County Solid Waste Management Plan inclusion or consistency.

Click here to read a summary of these regulations or Click here to go to NJDEP's website containing NJ's solid waste and recycling rules and regulations to read the specific regulations. Call NJDEP's planning office at 609-984-3438 for more information about notifying and operating as an exempt recycling activity/facility.

Amending the Plan

Provided below are the two means of applying to Morris County to amend the Morris County District Solid Waste Management Plan (Plan) with respect to including a solid waste facility in the Plan.

1. Guidelines For Evaluation of Solid Waste Facility Requests To Be Included In The Morris County Solid Waste Management Plan utilized by the Solid Waste Advisory Council in formulating its recommendation to the Board of Chosen Freeholders.  Originally adopted on September 16, 1998 this procedure was formally included as part of the Morris County Solid Waste Management Plan as part of the Plan Amendment dated March 2007.

2. Blanket Inclusion Policy for Vegetative Waste Compost Facilities and Recycling Centers.   Included in Plan amendment dated February 1993 and certified by the NJDEP on August 25, 1993.

3. 7:26-6.11 Administrative actions concerning a district solid waste management plan.

   (a) Each administrative action taken relative to a district solid waste management plan or program shall comply with the requirements of this section.

   (b) For the purposes of this section, a solid waste management plan administrative action includes, but is not limited to, the following:

   1. The use of Resource Recovery Investment Tax (RRIT) grant moneys and/or the development of the associated disbursement schedules;
   2. The designation of or change to prior approved truck routes to or from solid waste facilities;
   3. The inclusion of new recycling facilities for processing Class A or Class C recyclable materials (as identified at N.J.A.C. 7:26A-1.4(a)14), or replacement units at existing regulated medical waste facilities; i. The inclusion and/or expansion of recycling and compost facilities shall be, at the discretion of the district, subject to any previous blanket inclusion policies approved by the Department and shall be undertaken by the district in accordance with the approved district solid waste management plan. This paragraph is intended to supplement and not replace any previously approved blanket inclusion policy for a district. ii. Any blanket inclusion amendment approved by the Department shall contain a provision requiring, among other things, notification to the public as to the location for the receipt of written comments and the starting and ending dates for the written comment period.
   4. The expansion of capacity of any size, other than that specified at N.J.A.C. 7:26-6.10(b)8 and 10, for any regulated solid waste facility. Only one capacity increase over the operational life of the regulated solid waste facility may be accomplished via administrative action.
   5. The modification of an existing facility including acceptance of additional waste types, on-site operational changes and expansions of facility buffer zones or expansions into buffer zones for ancillary operational activities;
   6. The modification of a recycling program, including the designation of additional materials for recycling, procurement strategies, market strategies, public education, private incentive programs, waste audit strategies, yard waste programs, per container programs, and enforcement strategies;
   7. The deletion of any facility which is included in the plan for more than two years but for which a complete permit application has not been made, or the deletion of any facility which is included in the plan but has not been in operation for more than two years;
   8. Unless specifically noted by the Department within a plan certification document, any information collected and/or submitted by the district plan implementation agency, including, but not limited to, solid waste studies, reports, data collection, compost inventories, and weekly waste averaging (when the daily rate has already been included in the plan);
   9. The reaffirmation of an existing district solid waste disposal strategy subsequent to the final disposition of the Atlantic Coast Demolition and Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County, Civil Action No. 93-cv-02669 (D.N.J. May 1, 1997) case, provided that the plan implementation agency has held a public hearing on such reaffirmation for the purpose of receiving comments from persons interested in or affected by the amendment. Notice of such hearing shall be published in newspapers of general circulation in the district not less than 10 calendar days prior to the hearing and shall include the information set forth in N.J.A.C. 7:26-6.10(c)2;
   10. Any increase in the solid waste disposal capacity of an existing permitted landfill which is less than or equal to the volume equivalent of the acceptance of an additional 100 tons per day of solid waste over the smaller of 10 years or the remaining life of the existing permitted landfill. Such capacity increase may only be done via administrative action if the facility has signed a Silver Track II for Landfills Covenant with the Department. Additionally, only one capacity increase over the operational life of the permitted landfill may be accomplished via administrative action; and
   11. The operation of a solid waste intermodal container facility;
   12. The operation of a commercial collection facility for medical waste;
   13. The operation of a RD & D project pursuant to N.J.A.C. 7:26-1.7;
   14. Any other administrative action as may be identified by the Department.

   (c) Nothing contained in this section shall be construed to subrogate the district solid waste management planning process. The board of chosen freeholders or the Hackensack Meadowlands Development Commission, in its discretion, may hold a public hearing prior to the adoption of any administrative district solid waste plan action.

   (d) The board of chosen freeholders or the New Jersey Meadowlands Commission or the designated implementation agency of the affected district shall submit to the Department a letter that describes in detail the administrative action to be taken relative to the district solid waste management program. 1. The letter concerning the administrative action shall be submitted to the address at N.J.A.C. 7:26-6.10(e).

   (e) Upon receipt of a letter describing the administrative action, submitted pursuant to (d) above, the Department shall review the information provided. Within 10 working days of receipt of the letter, the Department shall notify, in writing, the entity that submitted the letter concerning the administrative action of its receipt of such letter.

   (f) The Department shall approve, modify or reject an administrative action within 30 working days of receipt of the letter describing the administrative action pursuant to (d) above, unless it determines that the described action is subject to the requirements for a solid waste management plan amendment pursuant to N.J.A.C. 7:26-6.10. In the event the Department fails to respond to a letter concerning an administrative action within the 30 day period, the administrative action shall be deemed approved.

Plan Amendments (reverse date order)

The Morris County Solid Waste Management Plan as amended is provided below:

1. Administrative Action Request - Plan Inclusion Clarification/Modification Morris County MUA - Class "B" & Class "C" Vegetative Waste Facility, Parsippany and Class "B" & Class "C" Vegetative Waste Facility, Mount Olive.
   Administrative Action Request: 12-22-2011 - NJDEP Approval 1/3/2012
    
2. RER Supply, L.L.C. Plan Amendment to include the leaf, grass and tree part class C transfer and class B processing operation, Borough of Riverdale (block 30, lot 1.03), Morris County, New Jersey into the Morris County Solid Waste Management Plan.
   Amendment: 6/2011 - NJDEP Certification: 1/11/2012
    
3. Administrative Action Request updating August 1995 plan inclusion of FCR Morris Inc (now known as ReCommunity Morris) Class A recycling facility in Mine Hill incorporating single-stream recycling operations and associated changes.
   Administrative Action Request: 12/14/2010 - NJDEP Certification: 12/22/2010
    
4. Administrative Action Request clarifying the inclusion of Novartis Pharmaceuticals incinerator to include the processing of solid waste types 10, 25 and 27.  It also amended the operating hours of the incinerator to be 24 hours per day, 7 days per week.
   Administrative Action Request: 10/13/2010 - NJDEP Approval 10/20/2010
    
5. Solid Waste Management Plan Amendment dated January 2008 that incorporates the terms and conditions contained in an December 18, 2007, proposal submitted by Waste Management of New Jersey, Inc. (WM). The WM bid was submitted in response to a request for bids issued by the MCMUA on October 15, 2007, entitled, “Sealed Bids for Operating the Two Morris County Solid Waste Transfer Stations, located in Parsippany-Troy Hills Township and Mount Olive Township, including Providing Transportation via Transfer Trailers and/or Intermodal Rail Containers and Disposal of all Solid Waste Received at the Transfer Stations."
   Amendment: 4/9/2008 - NJDEP Certification: 8/5/2008
    
6. Administrative Action Request allowing the Veolia ES Technical Solutions, L.L.C. facility (formerly Onyx and AETS) located in Mt. Olive Township to operate as a commercial collection facility for regulated medical waste.
   Administrative Action Request: 5/10/2007 - NJDEP Approval 6/5/2007
    
7. Response to the January 2006 New Jersey Department of Environmental Protection Solid Waste Management and Sludge Management State Plan Update - March 2007. In an NJDEP certification dated October 10, 2007, the Plan amendment was approved with the exception of the fee schedule for collectors of solid waste who collect commingled loads of solid waste and designated recyclables or who mix designated recyclables with solid waste.  This was the only portion of the April 1, 2007, amendment to the County Plan that was rejected.
   Amendment: 4/1/2007 - NJDEP Certification: 10/10/2007
    
8. Capacity Expansion of the two MCMUA transfer stations located in Mount Olive and Parsippany-Troy Hills townships. 
   Amendment: 12/21/2004 - NJDEP Certification: 5/13/2005
    
9. Blanket Inclusion of A-L Services, Inc. exempt Class "C" Vegetative Waste Compost Facility in Township of Jefferson. Exempt activity and therefore certification is not applicable.
   Amendment: 2/26/2003 - NJDEP Certification: Not Applicable
    
10. Solid Waste Management Plan Amendment dated June 2002 that incorporates the terms and conditions contained in an April 2, 2002, proposal submitted by Waste Management of New Jersey, Inc. (WM). The WM bid was submitted in response to a request for bids issued by the MCMUA on January 11, 2002, entitled "Operating the Two Morris County Solid Waste Transfer Stations, Located in Parsippany-Troy Hills Township and Mount Olive Township, Including Providing Transportation to Disposal Facilities and Disposal of County Solid Waste." Finally, this Plan amendment updates and/or deletes existing elements of the Plan, which are superseded by the implementation of the abovementioned transfer station operations, transportation, and disposal proposal by WM.
    Amendment: 7/24/2002 - NJDEP Certification: 12/20/2002
     
11. Solid Waste Management Plan Amendment dated March 2002 that provides a capacity clarification for the two Morris County Shade Tree Department Class "B" and Class "C" vegetative waste recycling facilities located in Mount Olive and Parsippany-Troy Hills townships.
    Amendment: 3/13/2002 - NJDEP Certification: 6/23/2002
     
12. Inclusion of Morris County Shade Tree Department Class "B" Vegetative Waste Recycling Facility (Camp Pulaski) in Mount Olive Township.
    Amendment: 3/14/2001 - NJDEP Certification: 8/28/2001
     
13. Inclusion of Borough of Riverdale Class "C" Vegetative Waste Compost Facility in Borough of Riverdale.
    Amendment: 6/24/2001 - NJDEP Certification: 8/4/2001
     
14. Inclusion of the former AETS, Inc and Onyx., now Veolia Environmental Services, ID27 solid waste transfer station in Mount Olive Township.
    Amendment: 7/14/1999 - NJDEP Certification: 11/9/1999
     
15. Blanket Inclusion of CarpetCycle Company Carpet and Padding Recycling Facility in Dover.  Blanket inclusion therefore certification is not applicable.
    Amendment: 2/10/1999 - NJDEP Certification: Not Applicable
     
16. Dan Como & Sons Exempt Compost Facility in Montville Township. Exempt activity and therefore certification is not applicable.
    Amendment: 3/17/1998 - NJDEP Certification: Not Applicable
     
17. Administrative Action reaffirming, without modification, the solid waste disposal system due to the final disposition of the Atlantic Coast waste flow control litigation.
    Amendment: 12/9/1997 - NJDEP Certification: 1/9/1998
     
18. Resource Recovery Investment Tax Fund Financial Plan
    Amendment: 7/1996 - NJDEP Certification: 1/20/1997
     
19. Resource Recovery Investment Tax Fund Financial Plan
    Amendment: 4/1996 - NJDEP Certification: 10/9/1996
     
20. • Clarification of Issues Related to Use of Out-of-State Landfill in Connection with Utilization of Essex County Resource Recovery Facility
    • Inclusion of FCR Morris, Inc., Class "A" Recycling Center in Mine Hill Township
      
    Amendment: 8/1995 - NJDEP Certification: 10/25/1995
     
21. Utilization of Essex County Resource Recovery Facility with Associated Use of Transfer Stations and Out-of-State Landfill; and Follow-up to Response to the Task Force Report.
    Amendment: 11/1994 - NJDEP Certification: 5/11/1995
     
22. Inclusion of the Randolph Township Drop-Off Convenience Site for Household Solid Waste in Randolph Township.
    Amendment: 9/1994 - NJDEP Certification: 2/14/1995
     
23. Inclusion of Riverdale Quarry Class "B" Recycling Center in Riverdale Borough.
    Amendment: 8/1994 - NJDEP Certification: 2/14/1995
     
24. Transfer Station Facilities - Capacity Clarification and RRIT.
    Amendment: 7/12/1993 - NJDEP Certification: 6/1994
     
25. Amendment Pertaining to Plan Arising from the Acquisition of MCTS Transfer Station Facilities and Associated Real Property.
    Amendment: 11/1993 - NJDEP Certification: 12/29/1993
     
26. Response to the Task Force Report.
    Amendment: 2/1993 - NJDEP Certification: 8/25/1993
     
27. Inclusion of Mount Hope Rock Class "B" Recycling Center in Rockaway Township.
    Amendment: 5/1992 - NJDEP Certification: 11/17/1992
     
28. Designation of the Morris County Dept. of Solid Waste Mgt. as the Morris County Implementation Agency.
    Amendment: 4/1991 - NJDEP Certification: 10/17/1991
     
29. Plan Elements Arising from the MCTS Rate Case Amendment to Settlement Agreement dated 2/27/91.
    Amendment: 3/1991 - NJDEP Certification: 10/17/1991
     
30. Inclusion of Morris County Consolidation Center in Dover.
    Amendment: 2/1991 - NJDEP Certification: 10/17/1991
     
31. Inclusion of the Sandoz Pharmaceutical Small-Scale Incinerator in East Hanover Township.
    Amendment: 10/1990< - NJDEP Certification: 4/19/1991
     
32. Inclusion of the Dover General Medical Waste Incinerator in Dover Town.
    Amendment: 6/19901 - NJDEP Certification: 4/19/1991
     
33. Inclusion of Ox Contractors Stump Factory in Roxbury Township.
    Amendment: 1/1990 - NJDEP Certification: 2/17/1990
     
34. Inclusion of Site 15 in Roxbury for Resource Recovery, Deletion of Site 6-1B in Rockaway for Resource Recovery, Sizing of Resource Recovery Facility at 1,340 TPD, etc. Also Included is the Response to Comments Document.
    Amendment: 12/1989 - NJDEP Certification: 7/2/1990
     
35. Inclusion of Morristown Hospital Medical Waste Incinerator in Morristown.
    Amendment: 10/1989 - NJDEP Certification: 5/10/1990
     
36. Inclusion of Chilton Memorial Medical Waste Incinerator in Pequannock Township.
    Amendment: 10/1989 - NJDEP Certification: 5/10/1990
     
37. MCTS Rate Case Settlement.
    Amendment: 10/1989 - NJDEP Certification: 5/10/1990
     
38. Inclusion of Rotundi Leaf Transfer Station in Chatham Borough, St. Clares Hospital Medical Waste Incinerator in Denville, Resource Recovery Investment Tax Fund Spending Program.
    Amendment: 8/1989 - NJDEP Certification: 3/10/1990
     
39. Inclusion of Garden State Paper Facility in Mine Hill Township.
    Amendment: 2/1989 - NJDEP Certification: 10/26/1989
     
40. Truck Routes to Par-Troy Transfer Station< Amendment: 11/21/1988 - NJDEP Certification: 7/5/1989
     
41. Amended District Recycling Plan
    Amendment: 10/1988 - NJDEP Certification: 3/8/1989
     
42. Original District Recycling Plan
    Amendment: 1/27/1988 - NJDEP Certification: 7/6/1988
     
43. MCMUA as Implementing Agency
    Amendment: 11/1978 - NJDEP Certification: 3/3/1988
     
44. Additional Lots for Par-Troy Transfer Station
    Amendment: 8/1987 - NJDEP Certification: 9/28/1987
     
45. Deletion of Site 6-1B for Sanitary Landfill
    Amendment: None - NJDEP Certification: 4/6/1987
     
46. Inclusion of Transfer Station Sites
    Amendment: 4/1/1987 - NJDEP Certification: 2/28/1987
     
47. Development of Transfer Station Sites
    Amendment: 1/17/1986 - NJDEP Certification: 5/13/86
     
48. Site 6-1B for Resource Recovery
    Amendment: 11/1985 - NJDEP Certification: 3/25/86
     
49. Waste Flow to Edgeboro
    Amendment: 1/1985 - NJDEP Certification: 8/19/1985
     
50. Solid Waste Management Plan Update
    Amendment: 1985 - NJDEP Certification: ?
     
51. Original Solid Waste Management Plan
    Amendment: 1979 - NJDEP Certification: ?