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.
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.
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
Environments Contacts page.
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
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:
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
|
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.
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.
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)