New Jersey DEP Clarifies Class D Regulations

According to a letter that SDB magazine has obtained, the New Jersey Department of Environmental Protection (DEP) has clarified 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.”

According to the letter from the DEP, “Pursuant to N.J.A.C. 7:26A-1.3 Definitions, ‘Consumer electronics’ means any appliance used in the home or business that includes circuitry. Consumer electronics include the components and sub-assemblies that collectively make up the electronic products and may, when individually broken down, include batteries, mercury switches, capacitors containing PCBs, cadmium plated parts and lead or cadmium containing plastics. Examples of consumer electronics include, but are not limited to, computers, printers, copiers, telefacsimiles, VCRs, stereos, televisions and telecommunication devices.”

Consumer electronics are among the materials the state defines as “Class D” recyclables, as are mercury-containing devices and batteries. These items are also defined as universal waste, or waste material that is subject to the universal waste requirements of N.J.A.C. 7:26A-7.

According to the DEP, “a hard drive is considered a Consumer electronic, a Class D recyclable material and a Universal Waste.”

According to the letter, which was 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 bailing or removing contaminants.”

The letter also states:

“Pursuant to N.J.A.C. 7:26A-3.3, (a) Persons operating mobile recycling processing equipment for Class B, Class C or Class D recyclable material shall operate such equipment only as follows:

1. At a site which possesses a general or limited approval from the Department and in a manner which conforms to the approval for the site; or
2. Pursuant to an exemption at N.J.A.C. 7:26A-1.4(a) and in a manner which performs to the criteria of the exemption.”

 Hastry concludes, “Based on the above regulations, 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. Processing of Consumer electronics whether at a permanent site or via a mobile shredding operation requires a general or limited Class D Recycling Center Approval.”

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