Digital Information Security

A letter from the New Jersey Department of Environmental Protection (DEP) that SDB has obtained clarifies the state’s regulations pertaining to the destruction of hard drives.

New Jersey state law N.J.A.C. 7:26A-1 provides regulations for recyclers operating in the state. The regulations cover the processing of universal waste and require processors to obtain a license to process "Class D recyclable material."

Consumer electronics, including hard drives, are among the materials the state defines as "Class D" recyclables. These items also are defined as universal waste and subject to the universal waste requirements of the state’s N.J.A.C. 7:26A-7.

According to the letter, signed by Michael Hastry, chief of hazardous waste enforcement for the New Jersey DEP, N.J.A.C. 7:26A-1.3 defines processing as "the treatment of source separated recyclable materials so as to conform to end-market specifications, including, but not limited to, separating material by type, grade or color, crushing, grinding, shredding or baling or removing contaminants."

Hastry concludes, "the only Class D – consumer electronics recycling activities that currently are exempt from having to obtain general or limited approval pursuant to N.J.A.C. 7:26A-3 are collection, consolidation, transfer and transportation."

More information on New Jersey’s regulations governing the processing of consumer electronics can be found at www.state.nj.us/dep/dshw/resource/rules.htm#rules.