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Exemptions From Source Separation Recycling

In accordance with State Law (N.J.S.A. 13:1E-99.16d) the County Plan is required to provide guidelines to municipalities to assess the granting of exemptions for commercial and institutional establishments from the source separation requirements of the Plan, if such establishments can otherwise provide for the recycling of designated mandated materials. On November 28, 1990 the Board of Chosen Freeholders approved a resolution providing for an Amendment to the Plan which included these guidelines.

In considering applications for exemptions, municipalities should recognize that source separation is the general rule and preferred means to separate recyclable materials from the solid waste stream as set forth by the State Recycling Act and the County's Plan. Consideration for granting exemptions should be based upon specific situations where a generator demonstrates special reasons or situations which support difficulty or inability to source separate. The municipality should prepare an application which must be executed by the applicant.

At a minimum, the municipality should include the following data requests in its application:

  1. Explain why your particular operation, circumstance or facility makes adhering to the source separation requirements of the recycling plan impractical.
  2. List all the reasons you seek an exemption to source separation.
  3. What is the location, name and NJDEP facility number of the materials recovery facility you will be using to do the recycling of the designated materials?
  4. Give the name and address of your solid waste collector.
  5. What are the estimated monthly and yearly tonnages of solid waste and designated recyclables expected to be generated by your facility?
  6. What materials will the materials recovery facility be recycling for you?
  7. How have you disposed of your solid waste and recyclables up to the date of the application?
  8. Have you been cited for any violation with reference to the solid waste or recyclables generated from your facility?
  9. If the answer to the previous question is affirmative, list all such citations and the dispositions thereof.
  10. With reference to the NJDEP facility you will be using if the exemption is granted, describe in detail your prior experience with the operator of said facility and indicate the reliability of said operation, insofar as your past experience with the operator.
  11. The application shall also include a provision of any exemption granted that the applicant and the operator shall provide the municipality and County with the following: a) quarterly recycling tonnages as well as the tonnages and proofs that the residual solid waste is being disposed of through the Morris County Solid Waste Management System; b) the application and all correspondence relating thereto shall be filed with the municipality and the County including, but not by way of limitation, correspondence and reports from the generator, the operator and the municipality.
  12. Any exemption granted by the municipality shall be granted for a limited period of one year and thereafter, the generator should reapply each year to the municipality for the exemption. The reapplication should indicate the continuing need for the exemption, a statement that there have been no violations. If there are violations, address each violation specifically setting forth what remedial action has been taken to avoid future violations.
  13. The application shall be certified or under oath so that in the event there is a deliberate misstatement penalties may be assessed against the applicant.
     

The application, in addition to any other information sought by the municipality, should also include the name and address of the applicant, and should describe its facility and the nature of the waste generated. If the commercial establishment or institution has more than one location, it should list all other locations, describe the waste generated there, and set forth its program for meeting the recycling requirements at its other facilities. The generator shall indicate the location for which it seeks the exemption.