98-24 Exhibits to the Agreement for the Operation of the Recycling Center - Part III.pdf

general approval shall be accompanied by a written request to modify the general approval in accordance with N.J.A.C. 7:26A-3.10. [N.J.A.C. 7:26A- 3.6(b)] - ina case where the holder of this general approval does not comply with N.J.A.C. 7:26A-3.6(a) and (b) and continues to operate without renewal of the general approval, the Department may take enforcement action including the assessment of penalties under N.J.S.A. 13:1B-9; require the holder of this general approval to file an application as a new applicant for a general approval in accordance with N.J.A.C. 7:26A-3.2 and pay the application fee as per N.J.A.C. 7:26A-2; and/or take any other appropriate actions. [N.J.A.C. 7:26A- 3.6(c)] All persons granted a renewal pursuant to N.J.A.C. 7:26A-3.6(d) shall continue to pay the annual fee as specified in N.JLA.C. 7:26A-2. [N.J.A.C. 7:26A- 3.6(h)] The holder of this general approval shall obtain prior approval from the Department for any modification of the general approval. (N.J.A.C. 7:26A- 3.10(a)] Any change affecting the conditions of this general approval requires the prior approval of the Department. (N.J.A.C. 7:26A- 3.10(b)1] Any change to the information submitted pursuant to N.J.A.C. 7:26A-3.2(a), 3.4, 3.8, 3.18 or 3.19 or 3.20 requires the prior approval of the Department, except that changes in end-market information submitted pursuant to N.J.A.C, 7:26A-3.2(a) 7 shall not require the prior approval of the Department but shall be handled in accordance with N.J.A.C, 7:26A-3.10(6). [N.J.A.C. 7:26A- 3.10(b)2] Page |-1 of -9 t

RELIABLE WOOD PRODUCTS LLC 132685 CBG190002 Class B Recycling Ctr General Apprv -Renewal Requirements Report Subject Item: PI 132685 - 10. ll. 12, 13, 14, 16. 17, 18. 19, The holder of this general approval shall notify the Department in writing of the intended modification and shall update the information submitted pursuant to N.J.A.C. 7:26A-3.2(a), 3.4, 3.8, 3,18, 3.19 or 3.20. The holder of this general approval shall also provide written notice to the solid waste or recycling coordinator of the applicable county of any request to modify a general approval. [NJA.C. 7:26A-3.10(c)] The holder of this general approval shall not institute the modification until it receives written approval from the Department. [N.J.A.C. 7:26A- 3.10(e)] Within one week of any change to the end-market information submitted to the Department pursuant toN.J.AC, 7:26A-3.2(a)7, the holder of this general approval shall submit to the Department a written notification which details any change in the use of the recyclable material transferred from the recycling center to an end-market or in the end-market location to which the recyclable material is transferred, The written notification shall be sent to: New Jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, Bureau of Recycling and Hazardous Waste Management, P.O. Box 420, Mail Code 401-02C, Trenton, New Jersey 08625-0420. [N.L.A.C. 7:26A- 3.10(8)] The Department may revoke this general approval upon a determination that the holder of the general approval has violated any provision of N.J.S.A. 13:1E-1 et seq., the New Jersey Statewide Mandatory Source Separation and Recycling Act, or any rule, regulation or administrative order promulgated pursuant to N.J.S.A. 13:1E-1 et seq. and the New Jersey Statewide Mandatory Source Separation and Recycling Act. [NJ.A.C. 7:26A- 3.13(a)1] The Department may revoke this general approval upon a determination that the holder of the general approval has violated any solid waste utility law at N.J.S.A. 48:2-1 et seq. or 48:13A-1 et seq., or any tule, regulation or administrative order promulgated pursuant to N.J.S.A. 48:2-1 et seq. or 48:13A-1 et seq. [N.J.A.C. 7:26A- 3.13(a)2] The Department may revoke this general approval upon a determination that the holder of the general approval has violated any provision of any laws related to Pollution of the

J.A.C. 7:26A- 3.13(a)2] The Department may revoke this general approval upon a determination that the holder of the general approval has violated any provision of any laws related to Pollution of the waters, air or land surfaces of the State or of any other State or Federal environmental laws including criminal laws related to environmental protection. [N.J.A.C, 7:26A- 3.13(a)3] The Department may revoke this general approval upon a determination that the holder of the general approval has refused or failed to comply with any lawful order of the Department, [N.J.A.C. 7:26A- 3.13(a)4] The Department may revoke this general approval upon a ‘determination that the holder of the general approval has failed to comply with any of the conditions of this general approval issued by the Department. [N.J.A.C. 7:26A- 3.13(a)5] : The Department may revoke this general approval upon a determination that the holder of the general approval has transferred a general approval to a new owner or operator pursuant to N.J.A.C, 7:26A-3.15 without the prior approval of the Department. [N.J.A.C. 7:26A- 3.13(a)6] The Department may revoke this general approval upon a determination that the holder of the general approval has failed to obtain any required permit or approval from the Department or other State or Federal agency. [N.J.A.C. 7:26A-3.1 3(a)7] Page L-2 of 1-9

RELIABLE WOOD PRODUCTS LLC 132685 CBG190002 Class B Recycling Ctr General Apprv -Renewal Requirements Report Subject Item: PI 132685- 20. 21. 22. 23. 24, 25. 26. 21; 28. 29. The Department may revoke this general approval upon a determination that the holder of the general approval has committed any of the acts which are criteria for denial of a general approval set forth in N.IA.C. 7:26A-3.12. [N.J.A.C. 7:26A- 3.13(a)8] This general approval shall not be transferred to a new owner or operator without the Department's prior approval. [N.J.A.C. 7:26A- 3.15(a)] A written request for permission to allow a transfer of this general approval must be received by the Department at least 60 days in advance of the proposed transfer of ownership or operational control of the recycling center. The request for approval shall include the following: the name, address and social security number of all prospective new owners or operators; a written certification by the proposed transferee that the terms and conditions contained in the general approval will be met by the proposed transferee; and a written agreement between the current owner or operator of the recycling center and the proposed new owner or operator containing a specific future date for transfer of ownership or operational control. [N.J.A.C. 7:26A- 3.15(a)1] A new owner or operator may commence operations at the recycling center only after the existing approval has been revoked and a new approval is issued to the new owner or operator pursuant to NJAC. 7:26A-35. [N.LA.C. 7:26A- 3.15(a)2] The holder of this general approval remains liable for ensuring compliance with all conditions of the approval unless and until the existing approval is revoked and a new approval is issued to the new owner or operator pursuant to N.I.A.C. 7:26A4-3.5. [N..A.C. 7:26A- 3.15(a)3] Compliance with the transfer requirements set forth at N.J.A.C. 7:26A-3.15 shall not relieve the holder of this general approval from the separate responsibility of providing notice of such transfer pursuant to the requirements of any other statutory or regulatory provision. [N.J.A.C. 7:26A- 3.15(a)4] The transfer of a controlling interest in the stock or assets of the recycling center that is the subject of this general approval shall constitute a transfer of this general approval. [N.J.A.C. 7:26A- 3.15(b)] The holder of this general

in the stock or assets of the recycling center that is the subject of this general approval shall constitute a transfer of this general approval. [N.J.A.C. 7:26A- 3.15(b)] The holder of this general approval shall maintain a daily record of the amounts of each recyclable material by type and municipality of origin which are received, stored, processed or transferred each day, expressed in tons, cubic yards, cubic feet or gallons. Those operators specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons. [NJ.AC. 7:26A-3.17(a) 1] The holder of this general approval shall maintain a daily record of the name, address and telephone number of the end-markets for all recyclable materials transported from the recycling center, including the armounts, in tons, cubic yards, cubic feet or gallons, transported to each end-market. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons. [N.J.A.C. 7:26A- 3.17(a)2] The holder of this general approval shall maintain a daily record of the amount of residue disposed of, expressed in tons, cubic yards, cubic feet or gallons, including the name and New Jersey Department of Environmental Protection solid waste registration number of the solid waste collector/hauler contracted to provide the haulage/disposal service. Those persons specifying the amount of residue in cubic yards shall also indicate the conversion ratio of the residue from cubic yards to tons. [N.J.A.C. 7:26A-3.17(a)3] Page I-3 of -9

RELIABLE WOOD PRODUCTS LLC 132685 CBG190002 Class B Recycling Ctr General Apprv -Renewal Requirements Report Subject Item: PI 132685- 30. 31. 32. 33. 34, 35. 36. 37. The holder of this general approval shall retain all Recyclable Material Receipt Forms required pursuant to N.J.A.C, 7:26A-3.2(a)1 6iii for three calendar years following the calendar year for which an annual report is required pursuant to N.J.A.C. 7:26A-3.17(c). [N.I.A.C. 7:26A- 3.17(b)] ‘The holder of this general approval shall submit an annual report containing monthly summary statements of the information required pursuant to N.J.A.C. 7:26A-3.17(a) to the New J jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, on or before March 1 of each year, for the previous calendar year. The summaries shall include the following: monthly totals of the amount of recyclable material received from each customer by municipality of origin; monthly totals of the amount of recyclable product transferred to each end-market; and the amount of residue disposed of during each month. [N.J.A.C. 7:26A- 3.17(c)] The holder of this general approval shall certify in writing to the Department that all residue generated at the. recycling center has been disposed of in accordance with the solid waste management rules at N.J.A.C. 7:26. The certification shall be submitted annually as part of the annual report. [IN.J.A.C. 7:26A- 3.17(e)] All information submitted to the Department pursuant N.J.A.C. 7:26A shall be handled in accordance with the requiremnents of the Public Records law, N.J.S.A. 47:1-1 et seq. The Department will hold confidential all end-market information, as well as information pertaining to the municipality of origin of recyclable material, submitted pursuant to N.J.A.C 7:26A-3.2, 3.7, and 3.17 through 3.20 for a period of two years from the date on which the information is submitted to the Department, where specified as confidential by the applicant and where there are no health, safety or environmental concerns which require the release of the information, as determined by the Department. [N-J.A.C. 7:26A-3.17(6)] The holder of this general approval shall provide a recycling tonnage report by March 1 of each year to all municipalities from which recyclable material is received in the previous calendar year. The report shall detail the amount of each source

ide a recycling tonnage report by March 1 of each year to all municipalities from which recyclable material is received in the previous calendar year. The report shall detail the amount of each source separated recyclable material, expressed in tons or cubic yards, brought to the recycling center, as well as the date on which the recyclable materials were delivered to the recycling center. Those persons specifying this information in cubic yards shall also indicate the conversion ratio of the materials from cubic yards to tons. [N.J.A.C. 7:26A- 4.4(a)] The recycling center shall not commence operations unless and until it is included in the applicable district solid waste management plan. [N.J.A.C, 7:26A- 4.2] : The construction of the recycling center that is the subject of this general approval shall be in conformance with the New Jersey Uniform Construction Code, N.J.S.A. 52:27D-119 et seq., and the rules promulgated pursuant thereto. [N.J.A.C. 7:26A- 4.1(b)] The New Jersey Department of Environmental Protection or an authorized representative acting pursuant to the County Environmental Health Act, N.J.S.A. 26:3A2-1 et seq. shall have the right to enter and inspect any building or other portion of the recycling center at any time in order to determine compliance with the provisions of all applicable laws or rules and regulations adopted pursuant thereto. This right to inspect includes, but is not limited to: sampling any materials on site; photographing any portion of the recycling center; investigating an actual or suspected source of pollution of the environment; and, ascertaining compliance or non-compliance with the statutes, rules or regulations of the Department, including conditions of the recycling center approval issued by the Department. [N.J.A.C. 7:26A- 1.7(a)] Page [-4 of 1-9

RELIABLE WOOD PRODUCTS LLC 132685 CBG190002 Class B Recycling Ctr General Apprv -Renewal Requirements Report Subject Item: PI 132685- 38. 39, 40. The right of entry specified at N.J.A.C. 7:26A-1.7(a) shall be limited to normal operating hours for the purpose of reviewing and copying all applicable records, which shall be made available to the Department during an inspection and submitted to the Department upon request. [N.J.A.C. 7:26A- 1.7(b)] The facility shall comply with the general operating requirements for all Recycling Centers as provided at N.J.A.C. 7:26A-4.1, [N..A.C. 7:26A- 4] Upon notification from the Department that a State of Emergency, which may impact the facility's operations has been declared by the Governor pursuant to New Jersey Disaster Control Act at N.LS.A. App.Az9-30 et seq., the permittee shall provide to the Division of Solid and Hazardous Waste a daily report on the operational status of the facility and the quantity of wastes received during the previos day or any other relevant information requested pursuant to N.J.S.A. App.A:9.36. The status report shall be submitted electronically to solidwasteemergencies@dep.nj.gov, or as otherwise directed by the Department, on forms or in the format provided by the Department and in compliance with the time frames established by the Department after the State of Emergency Declaration. The status report shall be submitted daily until the permittee is informed by the Department that the reports are no longer required for the State of Emergency. [N.J.A.C. 7:26A- 3.5(@)] Subject Item: RCBG799457 - Class B Recycling Facility 4l. 42. 43, 44, 45. A fire control plan for the recycling center shall be filed with and approved by the local fire official or other person of competent jurisdiction and shall be filed with the local municipal code enforcement officer prior to operation of a recycling center for tree stumps, tree parts or wood waste. (N..A.C. 7:26A-3,5(e)] The following sowce separated Class B recyclable materials, which have been separated at the point of generation from other waste materials or separated at a permitted solid waste facility authorized to separate recyclable materials, may be received, stored, processed or transferred at this recycling center: asphalt, concrete, brick, block, brush, tree stumps, tree parts, and wood (unpainted and non-chemically treated).

materials, may be received, stored, processed or transferred at this recycling center: asphalt, concrete, brick, block, brush, tree stumps, tree parts, and wood (unpainted and non-chemically treated). [N.J.A.C. 7:26A- 3.5(e)] Atno time shall the receipt, storage, processing, or transferring of non-source separated construction and demolition material be allowed at this recycling center. The prohibition of this material shall be strictly enforced. and any incident shall be considered a serious violation to the conditions of this Approval. [N.J.A.C, 7:26A-3.5(e)] The recycling center may receive, store, process, or transfer source separated asphalt, concrete, brick, and block separately or in a commingled manner. The recycling center may receive, store, process, or transfer source separated brush, tree stumps, tree parts and wood (unpainted and non-chemically treated) separately or in a commingled manner. The commingling of any other materials not described above is prohibited. [N.J.A.C. 7:26A- 3.5(e)] The maximum amount of contaminants, as defined in N.J.A.C. 7:26A-1.3, allowed in each incoming load of Class B recyclable material shall be limited to 1% by volume. Incidental by-product materials shall not be considered to be contaminants. [N.J.A.C. 7:26A-3.5(e)] Page [-5 of 9

RELIABLE WOOD PRODUCTS LLC 132685 CBG190002 Class B Recycling Ctr General Apprv -Renewal Requirements Report Subject Item: RCBG799457 - Class B Recycling Facility 46, 47. 48. 49. 50. Sl. 52. Incidental amounts of rebar, metal, soil, and other by-products which adhere to the Class B recyclable materials, as specified in this Approval, and which are returned to the economic mainstream as raw material or products, may be received, stored, processed, or transferred at this recycling center. The receipt of such incidental amounts of these materials need not be separately accounted for, but the storage and end~markets for these materials shall be subject to specific conditions of this Approval. INJ.A.C. 7:26A4-35(e)] The holder of this general approval shall operate the recycling center and construct or install associated appurtenances thereto, in accordance with the provisions of N.J.A.C. 7:26A-1 et seq., the conditions of this general approval, and the general approval application documents. [N.J.A.C. 7:26A-3.5(e)] : In case of conflict, the provisions of N.J.A.C. 7:26A-I et seq. shall have precedence over the conditions of this approval, and the conditions of this Approval shall have precedence over the plans and specifications listed in this Approval. [N.J.A.C. 7:26A- 3.5(e)] One complete set of the general approval application documents, this general approval, and all records, reports and plans as may be required pursuant to this approval shall be kept on file at the recycling center and shall be available for inspection by authorized representatives of the Department or delegated agents upon presentation of credentials, [N.J.A.C. 7:26A-3.5(e)] Hours of operation for receiving, storing, processing, or transferring the source separated recyclable material shall be limited to: Monday through Friday 7:00 a.m. to 5:00 p.m and Saturaday 7:00 a.m, to 3:00 p.m. [N.J.AC. 7:26A- 3.5(e)] Material deliveries to the recycling center shall be scheduled in such a manner as to minimize truck queuing on the recycling center property. Under no circumstances shall delivery trucks be allowed to back-up or queue onto public roads. [N.J.A.C. 7:26A-3.5(e)] The recycling center may receive no more than 400 tons per day of the recyclable materials. [NJLA.C. 7:264-3.5(€)] Page 1-6 of L-9