MEC&F Expert Engineers : 11/15/16

Tuesday, November 15, 2016

OSHA again finds Dollar General jeopardizing worker safety. Pattern of blocked exits continues in Ohio store; more than 100 violations since 2010



November 15, 2016

OSHA again finds Dollar General jeopardizing worker safety
Pattern of blocked exits continues in Ohio store; more than 100 violations since 2010

PIONEER, Ohio - Once again, federal safety inspectors have found one of the nation's largest discount retailers putting workers and customers alike in danger by allowing emergency exit routes to be blocked.

At a Dollar General store in Pioneer, U.S. Department of Labor Occupational Safety and Health Administration inspectors merchandise obstructing exits during an Aug. 18, 2016, inspection. The violations are a consistent concern for OSHA as the agency has recorded more than 100 safety and health violations at Dollar General stores nationwide, and assessed more than $1 million in proposed fines since 2010.

For the latest infraction, OSHA issued one willful safety citation to the Dollar General in Pioneer on Nov. 10, 2016, and assessed $117,579 in proposed fines. The agency cited the company's Bolivar store for the same violation in September 2016.

"Dollar General's continued pattern of ignoring its responsibility to protect its employees and its customers in all of its stores is cause for real concern. Obstructed exits are a real danger. Seconds matter in an emergency, and no one should have to struggle to get out of a store safely," said Kim Nelson, OSHA's area director in Toledo.

Headquartered in Goodlettsville, Tennessee, the company operates more than 12,500 stores in 43 states and employs about 100,000 workers. In fiscal 2015, the retailer recorded sales of $20.4 billion.

View current citations here.

The company has 15 business days from receipt of its citations to comply, request an informal conference with OSHA's area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Toledo Area Office at (419) 259-7542.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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DISPOSING OF ASBESTOS CONTAINING MATERIALS FROM STRUCTURES






February 5, 2013

ISSUE
Reports have been received that homes are being demolished without testing for or removing asbestos.
HAZARD
Asbestos is extremely hazardous to human health.  Even small amounts of asbestos can cause serious illness and death years after exposure.  Also, asbestos was a common building material. Consequently, all persons who are removing walls or other parts of homes damaged by Hurricane Sandy should be cautious and determine if asbestos is present prior to removal.

SUMMARY
The homeowner should first determine if the house contains asbestos by contracting with a professional asbestos inspector certified by the U.S. Environmental Protection Agency to conduct an inspection and take samples of any suspect asbestos-containing material.  This is the most critical step to protect your health and the health of those who work on your home, your neighbors and anyone who may come in contact with the material you remove.

Removal of any asbestos, or demolition of a home that potentially contains asbestos, must be done in accordance with local, state, and federal rules. See requirements and attachments below.

If anyone but the homeowner removes the asbestos, they must be licensed by the Department of Labor. This includes volunteers. Extensive training is required, including how to use personal protection equipment.  While a homeowner is not required to be licensed, we recommend that only licensed professionals remove asbestos.


REQUIREMENTS

Prior to the demolition of any structure, the presence of asbestos containing materials (ACM) must be determined and any ACM removed.  This is necessary to obtain a municipal demolition permit.  Under current New Jersey Department of Health (NJDOH) and New Jersey Department of Labor Regulations (NJDOL), there is nothing that prohibits the homeowner from removing, packaging and disposing of asbestos roofing, siding and insulation from his personal residence. However, anyone but the homeowner removing the asbestos from a residence must have a license issued by the NJDOL.  This includes volunteers who are assisting in Hurricane Sandy clean-up efforts.  NJDOL regulations can be found at N.J.A.C. 12:120, Asbestos Licenses and Permits.

The asbestos packaging and disposal procedures issued by the NJDEP, NJDOL and the appropriate local and county entities apply to everyone, including the homeowner.

Attached is a summary of the relevant requirements, including some Frequently Asked Questions about Asbestos. The rules should be consulted for specific requirements. These Frequently Asked Questions may also be found at http://www.state.nj.us/health/iep/asbestos_faq.shtml.



The following are other websites which can be consulted for addition information:
NJ Department of Community Affairs, Bureau of Code Services  http://www.nj.gov/dca/divisions/codes/offices/asbestos.html
NJ Department of Environmental Protection, Division of Solid and Hazardous Waste

ATTACHMENT

Asbestos Guidance for Sandy Home Demolition
1.  Obtain all appropriate permits as required by the residences’ municipality and/or other government agencies for demolition activity before beginning any demolition activity.

Note that removing asbestos improperly or conducting demolition activities without complying with all State and Federal asbestos regulatory requirements may jeopardize FEMA reimbursement.


Demolition of homes as a result of Hurricane Sandy are subject to the New Jersey rules implemented by the Departments: Environmental Protection; Labor and Workforce Development; Health; and Community Affairs.

Demolition of homes may also be subject to the Asbestos National Emission Standard for Hazardous Air Pollutants (Asbestos NESHAP).

The State of New Jersey Department of Health (DOH) provides comprehensive General Information for asbestos detection, removal, management and disposal activities at the following website:  http://www.nj.gov/health/iep/asbestos_faq.shtml#Training_and_Permitting_in_NJ  .

You may contact the DOH office at 609-826-4950, for assistance.

Demolition of homes involving asbestos must be conducted by a contractor licensed by the State of New Jersey Department of Labor and Workforce Development (DLWD). Additionally, the contractor must submit a notification of the work 10 days prior to date of demolition.  Information regarding licensing of contractors and DLWD requirements can be found at the following website:  http://lwd.dol.state.nj.us/labor/lsse/employee/asbestos_control_and_licensing.html

You may contact DLWD at 609-633-2159, for assistance.



Asbestos Containing Waste must be disposed of as ID 27A Solid Waste in New Jersey. Guidance for asbestos waste disposal is available at the following New Jersey Department of Environmental Protection (NJDEP ) website:  http://www.nj.gov/dep/dshw/rrtp/asbestos.htm  .You may contact the NJDEP’s Bureau of Landfill and Hazardous Waste Permitting at telephone number: 609-984-6985, for assistance.

The following sections of the DOH Asbestos General Information website are excerpted below. Note that there may be other sections of the DOH Asbestos General Information website document that are relevant for and/or can inform persons of relevant aspects of asbestos detection, removal, management, and disposal activity so please review the entire document.

DOH Asbestos General Information Website Excerpt:
Testing for Asbestos

Q.  How can I find out if I have asbestos in my home or not?
It is recommended that you hire a professional asbestos inspector certified by the U.S. Environmental Protection Agency to conduct an inspection and take samples of any suspect asbestos-containing material. If you can’t afford to hire an inspector, you can contact an  accredited laboratory to find out how much it would cost to analyze a sample and how they prefer it to be submitted.

Q.  What types of testing methods are available?

There are a number of recognized testing methods for asbestos. Samples are typically analyzed by three main methods:  Polarized Light Microscopy (PLM), Transmission Electron Microscopy (TEM), and Phase Contrast Microscopy (PCM). Not all techniques can be used for all sample types. Below is a description of each:



PLM - Typically fast and inexpensive; can distinguish asbestos fibers from other fibers such as fiberglass and cellulose; most common procedure for bulk samples; TEM recommended for accurate determination for samples such as floor tiles.

TEM - More expensive; state-of-the-science; magnification of at least 25,000X; accurately identifies fibers which PLM and PCM cannot confidently identify as asbestos or non-asbestos; recommended for dust wipe samples so that asbestos fibers are accurately identified; can be used for both bulk and air samples

PCM - Typically fast and inexpensive; cannot identify asbestos directly; for lower detection limits or confirmation of asbestos, TEM is recommended; common analytical technique used for analysis of air samples



Following is a chart indicating the type of sample and appropriate testing methodologies for that
sample:


Sample Type
Method of Analysis
Bulk Sample
Polarized Light Microscopy (PLM)

Transmission Electron Microscopy (TEM)
Surface/Wipe Sample
Transmission Electron Microscopy (TEM)
Air Sample





Phase Contrast Microscopy (PCM)

Transmission Electron Microscopy (TEM)

Q.  How do I know for sure whether or not something contains asbestos?
Unless the insulation is labeled as asbestos you cannot tell if it is asbestos-containing by merely examining it.  To determine the presence of asbestos, a sample of the material must be analyzed by a laboratory that is accredited for analyzing asbestos. We recommend using a laboratory accredited by one of these two following organizations:

American Industrial Hygiene Association (AIHA) Asbestos Analysts Registry

National Voluntary Laboratory Accreditation Program (NVLAP)

What is the proper way to take an asbestos sample so that it doesn’t contaminate the area?



We recommend that a professional take the sample, however, homeowners/building occupants should be informed about the proper procedures to make sure the area isn't contaminated during the sampling process. Following are the steps that should be taken:

Lightly wet the area with a fine water mist where the sample is to be taken. A small amount of detergent should be added to the water to help it penetrate the asbestos fibers better.
A small sample of no more that one square inch of material is necessary (the laboratory where the sample will be taken will generally have guidelines on the size of the sample they need).
The sample should be placed in two zip lock bags (one inside the other) or some other type of air tight container.
The container should then be labeled with a description of the material, where it was taken and the date the sample was taken.
To seal any loose asbestos around the sample area, clear spray lacquer can be used. Make sure the nozzle is far enough away to mist the exposed area before applying a heavier coat.  If there is any asbestos dust it should be wiped up with a wet disposable cloth or paper towel.  Any towels or cloth used for this purpose should be disposed of immediately.



What to Do if You Have Asbestos

Q.  How can I protect my health?
Do not sand, cut or break any asbestos containing materials (ACM). Even if materials are non-friable they will release fibers if they are disturbed in this manner.
If you must work in an area where asbestos dust may be present, wet the area down thoroughly with a garden sprayer (or a regular spray bottle) filled with water and a few drops dish detergent. The detergent reduces the surface tension of the water and allows it to penetrate any asbestos fibers more readily, thus keeping them from becoming airborne.  Dispose of any rags used to clean up ACM dust.
Never use a regular household vacuum on asbestos containing dust.  Even if the vacuum is equipped with a High Efficiency (HEPA) filter, you will not be able to decontaminate it properly once you have vacuumed up the asbestos dust. Special vacuums are used on asbestos containing dust. They are equipped with a HEPA filter and are specifically designed to filter out asbestos fibers and be easily decontaminated after use.



Q.  Do I have to remove asbestos if I have it?

There are no state or federal laws that specifically require you to remove asbestos in your home just for the sake of getting rid of it. Most of the time, asbestos in the home is not hazardous. The most common home construction materials which contain asbestos, are floor tiles, roofing and siding. These materials are very strong and don't readily crumble or release asbestos fibers unless they are subjected to strong forces. Occasionally, other materials, such as asbestos pipe insulation,  boiler lagging, asbestos-containing thermal insulation (such as batt or blown-in insulation), were used in home construction. 
 If you determine that you have this type of material, through inspection and analysis by a qualified professional, you should seek the help of a consultant to aid you in determining what you need to do to remedy your situation. If you never disturb these materials, you may be able to leave them alone. However, if you know that a needed repair or renovation will disturb the material, you may want to start planning with your consultant to abate the asbestos before the renovations begin.

Q.  I've heard that vermiculite might contain asbestos, is that true?

Vermiculite is a naturally occurring mineral which may contain asbestos.  The uses of vermiculite vary.  It has been used in potting soil for aeration purposes as well as in attics for insulation.  The US Environmental Protection Agency has a considerable amount of information on their website regarding this topic.  Click on the following links for more information:



Asbestos and Vermiculite


Q.  What can I do to make sure my asbestos doesn’t become dangerous?
If you suspect or know that there is asbestos in your home, periodically check it for breakage, tears, abrasions, or water damage.  If you discover slightly damaged material, limit access to the area and do not touch or disturb it.  If the asbestos material is more than slightly damaged, or if you are going to make changes in your home that might disturb it, professional repair or removal is needed.

Can I remove the asbestos in my home myself?

Technically, there are no regulations that forbid a homeowner from removing asbestos in their own home themselves, but we strongly advise against it for a number of reasons:

Asbestos is a known human carcinogen.  If it is removed improperly, it can cause your home to be seriously contaminated. Professional cleanup of the contamination, could be more costly than if the abatement had originally been performed by professionals.
Children are particularly susceptible to asbestos related disease.  The normal latency period for an asbestos related disease in adults can be anywhere from 20 to 50 years after exposure. However, among children, the latency period can be much shorter, striking them very early in life.
Asbestos is difficult to control without the proper equipment. Special  equipment has been designed for abating asbestos properly. This equipment must be used and cleaned in a proper manner to ensure that little or no exposure to asbestos fibers occurs during or after abatement.
Asbestos fibers can be too small for the human eye to detect. Professional asbestos abatement contractors use specialized cleaning equipment and confinement techniques to remove and contain asbestos materials and fibers.  Once complete, air samples should be taken to ensure that there are no asbestos fibers remaining.

Q.  How can I find someone who is qualified to remove asbestos?

NJ requires all contractors who abate asbestos-containing materials, to have a NJ Department of Labor and Workplace Development (DOLWD) license. In addition, all of the contractor's employees (who conduct the abatement) must possess either a DOLWD worker or supervisor permit.



For information on how to contact the DOLWD to request a list of contractors or check to see of a contractor is licensed, please refer to the Indoor Environments Contacts page

Please Note: The only exception to licensing requirements for the removal of asbestos containing materials is if the contractor has acquired an exemption for certain types of non-friable asbestos  materials such as floor tile.  For more information regarding exemption requirements, you should contact the Compliance Assistance Project within Indoor Environments Program. For more information on how to contact this project, please refer to the Indoor Environments Contacts.

What can I do to make sure the contractor I hire is competent?

To be sure you are hiring a contractor who will do a safe and satisfactory job, you may want to do the following:

Call the NJ Department of Labor and Workplace Development at 609-633-2158 to ensure that the contractor is licensed and reputable.
Ask the contractor about their abatement history and for references from similar projects.
Obtain a detailed estimate of the exact services to be provided, including monitoring, design, replacement, damages, etc.
Ask about their liability insurance, including the type, what it covers and the amount.
Obtain numerous estimates, they can vary significantly. Make sure all estimates are based on the same job requirements and specifications.
Consider hiring a monitoring firm (which has no financial relationship to the abatement contractor) to oversee the removal. Generally these projects are done better, but can be more costly.
Most importantly, talk to each contractor, learn exactly what they will do for you.  Check your comfort level with each contractor and then hire one based upon an overall evaluation of services, not just cost.
Educate yourself regarding what occurs during an asbestos abatement so you know what to expect and can understand what must be done.



Q. What steps take place during an asbestos abatement?
Following are the primary steps of an asbestos abatement project:
All movable objects should be moved out of the area. All of these objects should be wiped down and/or vacuumed off (the only vacuum to be used for this purpose is one specifically designed to filter out asbestos fibers) prior to being removed.  Any objects remaining in the area as well as the area itself should also be wet wiped and vacuumed.
Any vents or other portals (doors, windows, outlets, etc.) leading to the area should be sealed with plastic. These are referred to “critical barriers” and should be given special attention when sealing, because they are the most likely areas where asbestos fibers would escape during an abatement. Filters (such as from the HVAC system) which may have been contaminated, should be removed and disposed of. In addition, all non- removable objects, which are not part of the structural components to be abated, should also be covered with plastic.  Finally, the remaining area should then be covered with plastic to protect all surfaces which are not involved in the abatement.
Please Note: At this point, depending on what type of material is to be removed, a three- stage decontamination chamber may be set up. That chamber should consist of a series of three rooms.  The three rooms are a “clean room”, a “shower room”, and a “dirty room” (in that order). Workers entering the work area should always change out of their street clothes and into disposable overalls, don appropriate respiratory protection, and then enter the work area through the decontamination unit.  When leaving the work area, workers must leave the disposable overalls in the dirty room and take a shower, at which time they will also decontaminate their respirator. 
 Additionally, there may be a filtration unit set up to create a “negative pressure” environment within the containment. This simply means that a specially designed air filtration unit will exhaust, through a High Efficiency Particulate Air (HEPA) filter (which is 99.9 % efficient in filtering asbestos fibers down to .3 microns in size), air from the contained area to the outside. 

This will prevent air from “back drafting” through decontamination unit into other areas of the building.  If the material to be abated is pipe material, there may be general isolation of the work area (with plastic) and then they will use something called a glovebag to remove the ACM pipe lagging.
The ACM will be removed.
The area will be cleaned by wet wiping and HEPA vacuuming all surfaces within the containment area.
A visual inspection should be conducted to insure all visible asbestos has been removed. If any material is found is should be removed and the area should be recleaned.
A sealant should be applied to all surfaces to “lock down” any remaining microscopic fibers.
Non-critical barriers are removed and the entire area should be cleaned again.
Air sampling should be conducted to ensure that fibers which cannot be seen, or have not been “locked down” by the sealant, are not present. This sampling should be conducted in a fashion to simulate occupancy (often conducted with fans running). The acceptable limit for these air samples are anything below 0.01 fibers per cubic centimeter (f/cc) of air.  If the air sample is above this, the area should be re-cleaned and re-sampled.
Once acceptable air levels are reached, the remaining plastic barriers can be removed and the area can be re-occupied.

Q. Where can asbestos-containing waste be disposed of?

The transportation and disposal of asbestos-containing waste in NJ is regulated by the Department of Environmental Protection (DEP).  For more information contact the DEP.

Regulations
Q.  Who regulates Asbestos Containing Materials (ACM)?
Federal Regulatory Agencies:

The U.S. Environmental Protection Agency (USEPA) is responsible for developing and enforcing regulations necessary to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health.

The Occupational Safety and Health Administration(OSHA) is responsible for the health and safety of workers who may be exposed to asbestos in their work place, or in connection to their jobs.

NJ State Regulatory Agencies:



Department of Health

The NJ Department of Health (DOH) is the lead agency for the asbestos and environmental health information in NJ.

The Indoor Environments Program administers the Asbestos Hazard Emergency Response Act (AHERA), provides site audits and a Quality Assurance/Quality Control program for asbestos abatement in schools. The DOH also provides training and accreditation for asbestos training providers and conducts studies to evaluate asbestos abatement and management methods.

The Public Employee Safety and Health Program regulates asbestos exposures among public employees.

Department of Environmental Protection

The NJ Department of Environmental Protection (DEP) regulates, the management, transportation and disposal of ACM. In concert with county health departments, the DEP investigates reports of unregistered transporters, illegal disposal and oversees the review of the 10-day notification submissions.

Department of Community Affairs

The NJ Department of Community Affairs (DCA), regulates asbestos remediation in schools and
buildings in which public employees are located and regulates the air monitoring firms for asbestos abatement projects. To find out who to contact the DCA, please refer to the Indoor

Department of Labor and Workplace Development
The NJ Department of Labor and Workplace Development (DOLWD) licenses abatement contractors, permits abatement workers and supervisors, and investigates complaints of improper abatements in private homes and commercial buildings.  For more information on how to contact
the DOLWD, please refer to the Indoor Environments Contacts page.



Solid and Hazardous Waste Management Program
MAIL CODE: 401-02C
P O Box 420
401 East State Street, 2nd Floor
Trenton, New Jersey 08625-0420
Telephone: (609) 984-6985 Telecopier: (609) 633-9839
Guidance Document for the Management of Asbestos-containing Material (ACM) (Updated 1/11/2013)
The information outlined herein is intended to serve only as guidance to persons interested in understanding the regulation of asbestos disposal in New Jersey. This guidance must be consulted in conjunction with the solid waste regulations at N.J.A.C. 7:26 et seq. and other relevant regulations to understand the complete requirements for disposal of asbestos containing materials. For the reader's convenience, an unofficial version of N.J.A.C. 7:26 et seq. can be found using the "NJ Regulations" selection on the Department's Solid and Hazardous Waste Management Program's web page at http://www.state.nj.us./dep/dshw or directly by using the Web link http://www.state.nj.us./dep/dshw/resource/rules.htm .
This guidance document summarizes the New Jersey Department of Environmental Protection's (Department) regulations N.J.A.C. 7:26-1 et seq. pertaining to the generator and transporter requirements for the management, transportation and disposal of asbestos-containing material (ACM). The guidance document is intended only as a guide to the regulations to help the reader understand the regulations and does not replace the regulations in any context.


Regulatory Agency Overview
The following is an overview of regulation of ACM and regulated ACM (RACM) among various State and Federal agencies:
The Department regulates only the management, transportation and disposal of ACM. In concert with county health departments, the Department investigates reports of unregistered transporters and illegal disposal.
The Department of Labor (DOL), Asbestos Control and Licensing Section, licenses asbestos abatement contractors and issues performance permit identification cards to abatement workers and supervisors employed by those contractors. In the effort to protect public health and safety, DOL enforces the Asbestos Control and Licensing Act (N.J.S.A. 34:5A-32 et seq.) by conducting inspections involving the abatement of friable and nonfriable asbestos containing materials in ALL private, public, commercial and residential buildings in New Jersey, including those asbestos projects performed in schools and public buildings under the Asbestos Hazard Abatement Sub-Code. DOL investigates illegal or improper abatements in any type of building, and routinely inspects the work of licensed contractors and their employees. DOL may be reached at telephone number (609) 633-2159. DOL's fax number is (609) 633-0664.
The Department of Community Affairs (DCA), Asbestos/Lead Unit certifies asbestos safety technicians and authorizes asbestos safety control monitoring firms; provides information on methods of asbestos remediation for projects under the jurisdiction of N.J.A.C. 5:23-8 (educational facilities, public buildings, daycare center or nursery.) DCA enforces the provisions of the Asbestos Hazard Abatement Sub-Code pertaining to schools and public buildings. DCA investigates complaints and routinely inspects the work of monitors. DCA may be reached at telephone number (609) 633-6224. DCA' s fax number is (609) 633-1040.
The Department of Health (DOH) is the lead agency for asbestos and environmental health information, administers the Asbestos Hazard Emergency Response Act (AHERA), provides site audits and Quality Assurance/Quality Control program for asbestos abatement in schools. DOH also provides training and accreditation for asbestos training providers and conducts studies to evaluate asbestos abatement and management methods. DOH may be reached at telephone number (609) 826-4950 and the DOH fax number is (609) 826-4975.
The United States Environmental Protection Agency (USEPA) enforces the AHERA and the National Emission Standards for Hazardous Air Pollutants (NESHAP), and regulates ACM abatements in residences of more than 4 units, commercial buildings and Federal facilities. USEPA may be reached at telephone number (212) 637-4080 and USEPA's fax number is (212) 637-3998.

Definitions of Terms
The following definitions of terms used in this guidance document are associated with ACM and are taken from New Jersey's Solid Waste Regulations at N.J.A.C. 7:26-1.4; and the Asbestos Licenses and Permits Regulations at N.J.A.C. 8:60 et seq.:
Asbestos - means the asbestiform varieties of serpentinite (chrysotile), riebecktie (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
Asbestos-containing Material (ACM) - means any material containing more than one percent asbestos which has been applied on any ceiling, wall, duct, boiler, tank, pipe, structural member, or on any other part of a building or equipment. (N.J.A.C. 8:60-2.1)
Asbestos-containing Waste Materials (ACWM) - means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of 40 C.F.R. 61.140. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.
Category I Nonfriable Asbestos-containing Material - means asbestos containing packings, gaskets, resilient floor covering (vinyl, asbestos tile (VAT), and asphalt roofing products containing more than one percent asbestos as determined using methods specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy.
Category II Nonfriable Asbestos-containing Material - means any material, excluding Category I nonfriable asbestos-containing material, containing more than one percent asbestos as determined using methods specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

ID 13C Construction and Demolition Solid Waste - means waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures, but not including other solid waste types.
ID 27A Solid Waste - means waste material consisting of asbestos or asbestos-containing waste.
Friable Asbestos Material - means any material containing more than one percent asbestos as determined using methods specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (PLM) that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by PLM, the asbestos content shall be verified by point counting using PLM.
Nonfriable Asbestos-containing Material - means any material containing more than one percent asbestos as determined using methods specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (PLM) that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. 
Regulated Asbestos-containing Material (RACM) - means friable asbestos material, Category I nonfriable asbestos-containing material that has become friable, Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting, or abrading, or Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations. 

Resilient Floor Covering - means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent asbestos as determined using polarized light microscopy according to the method specified in Appendix A, Subpart F, 40 C.F.R. part 763, section 1, Polarized Light Microscopy. 
Material with Less than 1 % Asbestos Content and Category I Waste Material
If the waste is removed from a residential building (four or less dwelling units) or a commercial facility building and contains less than 1% asbestos as determined by Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, the waste is not regulated under USEPA's National Emissions Standards for Hazardous Air Pollutants (NESHAP) for asbestos. This waste material in New Jersey must be mannaged and disposed of as ID 13C, Construction and Demolition Waste as defined at N.J.A.C. 7:26-2.13(g)iv. 
Prudent guidance for handling any wastes suspected or known to contain any form or amount of asbestos is to maintain the wastes in a fully wetted condition at all times until the waste is safely packaged and disposed of at a permitted disposal facility.



Material Containing Greater than 1 % Asbestos but is not NJDEP Regulated ACM
If the ACM being removed contains 1% or more of asbestos and is from a residential building or commercial facility and is a Category I nonfriable asbestos material that is not in poor condition and is not friable, this waste may be managed and disposed of as either ID 13C, construction and demolition debris or ID 27A solid waste in New Jersey. According to the USEPA, this is based on the fact that Category I nonfriable asbestos materials, which are asbestos-containing resilient floor covering, asphalt roofing products, packing and gaskets rarely become friable if handled responsibly. Generally these materials do not release significant amounts of asbestos fibers, even when damaged. However, during the demolition activity, the waste must be handled in a responsible manner which will not cause the Category I nonfriable material to become friable and become a regulated asbestos-containing material (RACM).
ACWM that contains 1% or more of asbestos as determined by Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, and is from either a residential or commercial building shall be managed and disposed of as ID 27A waste as defined at N.J.A.C. 7:26-2.13(g)viii in New Jersey. 
ACWM being removed from a residential building having four or fewer dwelling units would not meet the definition of a facility in accordance with 40 C.F.R. 61.141, and therefore, is excluded from NESHAP regulations, but the material is still required to be managed and disposed of as ID 27A waste in New Jersey.
Prudent guidance for handling any wastes suspected or known to contain any form or amount of asbestos is to maintain the wastes in a fully wetted condition at all times until the waste is safely packaged and disposed of at a permitted disposal facility.
NJDEP Regulated Asbestos-containing Material (RACM)
If the material cannot retain the classification as a Category I or II nonfriable ACM and is classified as RACM and is greater than 260 linear feet or 160 square feet on other facility components or greater than 35 cubic feet of facility components where the length or area could not be measured prior to stripping, removal, dislodging, cutting, or drilling, the generator is required to submit written notification as outlined in the following section at least 10 days prior to beginning the renovation activity and comply with the disposal requirements of RACM in accordance with N.J.A.C. 7:26-2.12, including management and disposal at a permitted solid waste facility as ID 27A solid waste in New Jersey. The generator shall follow the requirements of 40 C.F.R. 61.145(c) in removing RACM from the facility to control asbestos emissions. These procedures include adequately wetting all RACM exposed during removal and ensuring that it remains wet until collected and is sealed in leak-tight containers or leak-tight wrapping and labeled as specified by Occupational Safety and Health Standards of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) in preparation for disposal in accordance with 40 C.F.R. 61.150. 

Notification Requirements
Generators of RACM shall submit a written notification of intention to demolish in accordance with 40 CFR 61.145 to 61.155 and N.J.A.C. 7:26-2.12 to the addresses below (excluding residential buildings having four or fewer dwelling units) at least 10 days prior to beginning the demolition activity. 
Generators of RACM shall submit a written notification to renovate in accordance with N.J.A.C. 7:26-2.12 to the addresses below (excluding residential buildings having four or fewer dwelling units) at least 10 days prior to beginning the renovation activity unless the combined amounts of RACM to be stripped, removed, dislodged, cut, drilled or similarly disturbed is less 260 linear feet or 160 square feet on other facility components or less than 35 cubic feet of facility components where the length or area could not be measured prior to stripping, removal, dislodging, cutting, or drilling.
The required 10-day notifications shall be submitted to the following offices:
United States Environmental Protection Agency- Region 2 Division of Enforcement and Compliance Assistance-Air Compliance Branch (DECA-ACB) 290 Broadway -21st Floor New York, NY 10007-1866 Fax Number (212) 637-3998 Phone Number (212) 637-4080 
Pursuant to DCA' s regulation N.J.A.C. 5:23-8, a 10-day notification for any Subchapter 8 project shall be submitted to the DCA at the following address:
Department of Community Affairs Division of Codes and Standards Asbestos/Lead Unit 101 South Broad Street P.O. Box 816 Trenton, NJ 08625-0816 Fax Number (609) 633-1040 Phone Number (609) 633-6224 
Pursuant to DOL' s regulation N.J.A.C. 12:120-7.2, a 10-day notification for any project over 3 linear feet or 3 square feet involving friable and nonfriable ACM shall be submitted to the DOL at the following address:
Department of Labor Division of Public Safety & Occupational Safety & Health Asbestos Control & Licensing Section P.O. Box 949 Trenton, NJ 08625-0949 Fax Number (609) 633-0664 Phone Number (609) 633-2159

Pursuant to DOH's regulation N.J.A.C. 8:60-7.2, a 10-day notification for asbestos abatement shall be submitted to the DOH at the following address:
New Jersey Department of Health Indoor Environments Program Consumer and Environmental Health Services P. O. Box 369 Trenton, NJ 08625-0369 Fax Number (609) 826-4975 Phone Number (609) 826-4950



Disposal Requirements for Demolition and Renovation Activities
In accordance with 40 C.F.R. 61.150, the disposal requirements of major sources of ACM include restrictions on visible emissions, provisions for wetting the ACM, packaging, sealing, labeling, record keeping, and reporting. The requirements of 40 C.F.R. 61.150(a) which address the discharge of visible emissions as applied to demolition and renovation do not apply to Category I nonfriable ACM waste and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder. All ACM material shall be disposed of as soon as practical in accordance with 40 C.F.R. 61.150(b) except for Category I nonfriable ACM that is not RACM.
In cases where ACM is produced in quantities below that referenced at 40 C.F.R. 61.145(a), that is if the combined amounts of RACM to be stripped, removed, dislodged, cut, drilled or similarly disturbed is less 260 linear feet or 160 square feet on other facility components or less than 35 cubic feet of facility components where the length or area could not be measured prior to stripping, removal, dislodging, cutting, or drilling or from residential buildings having four or fewer dwelling units, the Department recommends the generator contact the county health department and/ or district waste management officials or the local township to determine if local restrictions exist and to what extent they would apply to the generator's activities. The generator should wet all friable ACM, bag or other similarly containing material (poly-wrapping) of the ACM for curbside pick-up or direct delivery to an authorized landfill by a registered transporter. If the ACM is impossible to bag due to its size or shape, the Department suggests the wetting of the ACM (if friable) and placed in a lined (at least 6 mil thick liner) and sealed bulk container for transport for disposal.
It is recommended that when entering into a contract with a licensed asbestos contractor for any demolition or renovation activity, the generator (owner/operator of the site) should assess and fully investigate the transportation and disposal responsibilities of the ACM before any generation of ACM is started at the site.
Management of Abandoned-in-place Asbestos Cement Pipe
The management of abandoned-in-place asbestos-cement pipe (ACP) should adhere to the following regulations and guidelines:
1. Operations involving demolition or renovation activities of ACP, such as crushing ACP in place, are regulated under the United States Environmental Protection Agency's (USEPA) rules defining the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61 Subpart M and the USEPA Applicability Determination Detail Control Number: C99 dated July 17, 1991, from John B. Rasnic for guidance with compliance to 40 CFR Part 61).
2. All abandoned-in-place ACP shall be placed and maintained at a minimum of six feet below final grade.
3. A deed notice must be filed, detailing the risks of exposure and responsible party contact information, with the USEPA, the county and this office.
The intent in having such a documentation requirement is to ensure that the existence of the abandoned ACP is known, to both future property owners and those who may conduct activity that could disturb the abandoned ACP. In cases where the ACP being replaced runs under a public right-of-way, such as a street, sidewalk or other public use, the following steps should be used to ensure adequate notification:
1. Determine if the right-of-way in question has designated lot and blocks. If a lot and block designation does exist, then normal deed notice procedure, detailing the risks of exposure and responsible party contact information, can then be followed.
2. If no lot and block designation exists, then:
a) Written notice shall be provided to the agency (Federal, state, county or municipal) responsible for oversight of the given right-of-way, and this office.
b) This notice should outline the exposure risks associated with disturbance of the abandoned-in-place ACP.
c) Include the name, address and business telephone number of the person/agency responsible for oversight of the repair project.
Regardless of the type of notice required, the agency or company that owns or is responsible for the pipe that is being repaired should ensure that the extent of abandoned-in-place ACP is identified on the electronic and/or hard-copy map of the pipe system used by the agency or company. The mapping should conform to the New Jersey Department of Transportation (NJDOT) specifications for Right-of-Way Plans found in the NJDOT CADD Standards Manual.
Pursuant to State law, all persons planning to perform excavation activities must ascertain the location of all underground utilities in the excavation area by contacting the relevant utility agencies. It is important that this information concerning the abandoned-in-place ACP is available to any persons who may perform any future excavation in the area. By ensuring that detailed information regarding the location of the ACP debris and the need for avoiding disturbance of this material is available, an uncontrolled release incident can be prevented. The party abandoning the ACP in place is responsible for maintaining the six-foot depth of coverage of the ACP.

Transportation of Asbestos and ACM
The transportation of asbestos and ACM in New Jersey shall be in accordance with N.J.A.C. 7:26-3.5(d) and the following:
1. Registered New Jersey solid waste vehicles are required for the transportation of ACM and any solid waste containing asbestos. All vehicles shall be designed to prevent any spillage or leakage or emissions.
2. No transporter shall transport asbestos and/or ACM unless such waste is properly packaged in accordance with 40 C.F.R. 61.150.
3. The asbestos or ACM shall be transported in a manner that prevents the rupture of the asbestos containers in loading, transport, and unloading operations.
4. Once collected, asbestos and/or ACM shall be transported directly from the point of generation to the solid waste landfill or transfer station permitted to receive such wastes.
5. There shall be no visible air emissions during loading, transporting, or unloading operations.
If an individual waste generator has properly packaged ACM for disposal, no matter how small the quantity, and is refused curbside pick-up by the local township, the individual may make arrangements for the disposal of the waste at an authorized landfill by contacting the landfill directly. The individuals may elect to transport their own material to an authorized landfill for disposal in accordance with N.J.A.C. 7:26-3.3(a)2 in a vehicle registered with the New Jersey Division of Motor Vehicles as having a maximum gross vehicle weight of 9,000 pounds for a single vehicle or 16,000 pounds combined maximum gross vehicle weight for a vehicle pulling a trailer.

NJDEP-approved Operating Commercial Sanitary Landfills
The following landfills are approved operating commercial landfills authorized to accept solid waste type ID27A asbestos or asbestos containing waste:
Facility Name
Address
Telephone Number
Atlantic County Utilities Authority
6700 Delilah Road, Egg Harbor Twp.
609-272-6950
Cape May County MUA
Kearney Ave & Route 610 Upper Twp. & Woodbine Boro
609-465-9026
Cumberland County Solid Waste
Jesse's Bridge Rd, Rt. 636 Complex Deerfield Twp.
856-825-3700
Gloucester County Solid Waste Complex
Swedesboro-Monroeville Rd. South Harrison Twp.
856-478-6045
Middlesex County Sanitary Landfill
Edgeboro Rd. East Brunswick
732-246-4313
Monmouth County Reclamation Center
Asbury Ave. & Shafto Rd. Tinton Falls
732-922-8686
Ocean County Landfill Corp.
Route 70 & Route 571 Manchester
732-657-5100
Salem County Sanitary Landfill
Route 540 & McKillp Rd. Alloway Twp.
609-935-7900
Sussex County Sanitary Landfill
Route 94 & Route 15 Lafayette Twp.
973-579-6998
This information can also be accessed through the Department's Web page address listed below.
Licensed Asbestos Contractors
A current list of licensed asbestos contractors can be obtained by calling DOL's Asbestos Control and Licensing Section at 609-633-2159 or by requesting the list in writing from the unit at the following address:
Department of Labor Division of Public Safety & Occupational Safety & Health Asbestos Control & Licensing Section P.O. Box 949 Trenton, NJ 08625-0949 Fax Number (609) 633-0664
Authorized Asbestos Safety Control Monitors
A current list of authorized asbestos safety control monitors can be obtained by calling DCA's Asbestos/Lead Unit at 609-633-6224 or by requesting the list in writing from the unit at the following address:
Department of Community Affairs Division of Codes and Standards Asbestos/Lead Unit 101 South Broad Street P.O. Box 816 Trenton, NJ 08625-0816 Fax Number (609) 633-1040

Internet Web Page Addresses
New Jersey Department of Environmental Protection http://www.state.nj.us/dep/
New Jersey Solid Waste Regulations, N.J.A.C. 7:26-1.1 et seq. http://www.state.nj.us/dep/dshw/resource/rules.htm
New Jersey Department of Environmental Protection, Approved Operating Commercial Sanitary Landfills http://www.nj.gov/dep/dshw/lrm/aocslf.htm
New Jersey Department of Health, Consumer and Environmental Health Services Indoor Environment Program http://www.state.nj.us/health/eoh/leadasb
New Jersey Department of Community Affairs, Division of Codes & Standards http://www.nj.gov/dca/divisions/codes/offices/asbestos.html
United States Environmental Protection Agency Title 40, Subtitle C Protection of Environment Regulations http://www.epa.gov/epahome/cfr40toc.htm

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Waste Categories

Fee

Tax

Total Per/Ton

Municipal and Household Waste (#10) $64.50 $9.35 $73.85
Commercial and Institutional Waste (#10) $64.50 $9.35 $73.85
Vegetative Waste (No leaves or grass) (#23) $64.50 $9.35 $73.85
Bulky and Cleanup Waste (#13) $97.50 $9.35 $106.85
Construction and Demolition Waste (#13C) (#13) $97.50 $9.35 $106.85
Animal or Industrial Waste (#25) $97.50 $9.35 $106.85
Contaminated Soil (#27) $97.50 $9.35 $106.85
Asbestos (bagged & labeled) (#27) $163.00 $9.35 $172.85
Tires and Cables (#13) $232.00 $9.35 $241.35


Cash payments: Cash payments are accepted, only from Monmouth County residents dumping personal waste from their primary residence.
 
We only accept cash or personal checks. You must provide a valid Drivers License, current registration to your personal vehicle, and (trailer if applicable) when pulling onto the Scales.


All others must establish a pre-paid account with the Finance Department in the Reclamation Center Scales Office 732-683-8686 Ext 5600 or 5601, or click on the link below to download a copy of the pre-paid account application. There is a return check charge of $25.00 (paid in cash) for all bounced checks. All companies that have multiple returned checks will only be able to fund their account with cash, or a Bank Cashiers check. Any delinquent accounts will not be allowed to dump until the account has sufficient funds in it. 

Grass is accepted for disposal, separate from all other wastes. $3 per car or $35 per ton for trucks ($0.35 per 20 lbs). Station Wagons, Minivans and SUV-type vehicles qualify for the car rate when grass is behind the rear-most seat only!

The landfill utilizes "Vehicle Scales", which record weights in 20-pound increments.  The vehicle with the trash is weighed in.  Next the resident dumps the waste at a specified area and then the vehicle returns to the Scale Complex, where the vehicle is weighed out.  Payment is based on a calculation of the difference between the two weights.  With the exception of the $3 flat rate for Grass (see above), All rates are "pro-rated", meaning that payment is based on the amount of weight disposed.  There is no minimum or maximum. 

It will cost $1.06 for each 20-pound increment of Bulky and Construction-type wastes.  As an example, if a resident were to dump 100 pounds of Waste Type 13 or 13C (i.e. old furniture, wood, sheetrock, tile, old light fixtures, cabinets, etc.); the cost would be $5.33 for every 100-pounds dumped. 

Household Waste Type 10 (regular bagged food-stuff wastes, which would normally go out to the curb for weekly pickup) is $0.73 for each 20-Pound Increment.

Asbestos Waste Type 27A is $1.72 for each 20-pound increment.


MCRC LANDFILL TAXES

(These taxes are not NJ Sales Tax)
State Taxes (Total of $9.00 per ton total)


  • Landfill Contingency Tax $0.50 / Ton
    Closure Escrow Tax $1.00 / Ton
    Host Community Tax - (paid to Tinton Falls) $4.50 / Ton
    Recycling Tax $3.00 / Ton

Dumping Permits: are not required for vehicles with a registered gross weight of 9,000 Lbs. or less & dumping personal waste. The weight limitation for "vehicle & trailer" combinations, hauling personal waste is 16,000 lbs. All others, including vehicles registered for less than 9,000 pounds, but hauling others' waste, must... Click here for NJDEP License Permit information. Tariff Sheet (Rates & Information)