solid waste facility permit garofalo … · this solid waste facility permit is conditioned upon...

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Division of Solid and Hazardous Waste CN 414 Trenton, NJ 08625-0414 Tel. #609-984-6880 Fax. #609-777-0769 SOLID WASTE FACILITY PERMIT Under the provisions of N.J.S.A. 13:E-1 et seq., known as the Solid Waste Management Act, this Permit is hereby issued to GAROFALO BROTHERS, INC. and GAROFALO RECYCLING AND TRANSFER STATION CO., INC. FACILITY TYPE: Transfer Station/Materials Recovery Facility LOTS NO: 16.01; 41; 46; Part of 7 BLOCKS NO.: 48.02; 34.02; 52; 220 MUNICIPALITY: City of Garfield COUNTY: Bergen FACILITY REGISTRATION NO.: 0221000067 CAPACITY: 600 TPD (2,700 TPW) Solid Waste, 25 TPD Class A and 125 TPD Class B Recyclables EXPIRATION DATE: September 30, 2001 This Permit is subject to compliance with all conditions specified herein and all regulations promulgated by the Department of Environmental Protection. This Permit shall not prejudice any claim the State may have to riparian land, nor does it permit the Permittee to fill or alter, or allow to be filled or altered in any way, lands that are deemed to be riparian, wetland, stream encroachment areas or flood plains, or that are within the Coastal Area Facility Review Act (CAFRA) zone or are subject to the Pinelands Protection Act of 1979, nor shall it allow the discharge of pollutants to waters of this State without prior acquisition of the necessary grants, permits or approvals from the Department of Environmental Protection.

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Division of Solid and Hazardous WasteCN 414

Trenton, NJ 08625-0414Tel. #609-984-6880Fax. #609-777-0769

SOLID WASTE FACILITY PERMIT

Under the provisions of N.J.S.A. 13:E-1 et seq., known as the Solid WasteManagement Act, this Permit is hereby issued to

GAROFALO BROTHERS, INC. and

GAROFALO RECYCLING AND TRANSFER STATION CO., INC.

FACILITY TYPE: Transfer Station/Materials RecoveryFacility

LOTS NO: 16.01; 41; 46; Part of 7 BLOCKS NO.: 48.02; 34.02; 52; 220

MUNICIPALITY: City of Garfield

COUNTY: Bergen

FACILITY REGISTRATION NO.: 0221000067

CAPACITY: 600 TPD (2,700 TPW) Solid Waste, 25 TPD

Class A and 125 TPD Class B Recyclables EXPIRATION DATE: September 30, 2001

This Permit is subject to compliance with all conditions specified herein andall regulations promulgated by the Department of Environmental Protection.

This Permit shall not prejudice any claim the State may have to riparian land,nor does it permit the Permittee to fill or alter, or allow to be filled oraltered in any way, lands that are deemed to be riparian, wetland, streamencroachment areas or flood plains, or that are within the Coastal AreaFacility Review Act (CAFRA) zone or are subject to the Pinelands ProtectionAct of 1979, nor shall it allow the discharge of pollutants to waters of thisState without prior acquisition of the necessary grants, permits or approvalsfrom the Department of Environmental Protection.

Failure to comply with all the conditions specified herein may result inrevocation of this Permit and/or may result in other regulatory or legalactions which the Department is authorized to institute by law.

This Permit is non-transferable without the Department's prior approvalpursuant to N.J.A.C. 7:26-2.7(e).

September 30, 1996 Signed by Robert C. Ciolek, Assistant Director Effective Date Robert C. Ciolek

Assistant DirectorOffice of Permitting

And Technical Programs

September 30, 2001

Expiration Date

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CONDITIONS FOR THE SOLID WASTE FACILITY PERMIT FOR THEGAROFALO BROTHERS, INC. and

GAROFALO RECYCLING AND TRANSFER STATION CO., INC.TRANSFER STATION/MATERIALS RECOVERY FACILITY

19-35 ATLANTIC STREET, CITY OF GARFIELD, BERGEN COUNTYFACILITY REGISTRATION NO. 0221000067

This Solid Waste Facility Permit is conditioned upon compliance with allapplicable statues, rules, regulations and ordinances and the followingspecific permit conditions:

1. Permitted Waste Types

The following materials may be accepted for processing at this facility:

ID DESCRIPTION

10 Municipal Waste (Household, Commercial and Institutional)13 Bulky Waste

13C Construction and Demolition Waste23 Vegetative Waste

27 Dry Industrial Waste Except Nonhazardous Chemical Wastes, Asbestos, and Wastes Containing Asbestos.

2. Prohibited Waste Types

The following materials are specifically prohibited from being receivedat this facility:

ID DESCRIPTION

-- Medical Waste Class 1 through 7 as Defined at N.J.A.C. 7:26 -3A.6 (Treated and Untreated)

12 Dry Sewage Sludge25 Animal and Food Processing Waste27 Dry Industrial Waste Which Is Nonhazardous Chemical Waste,

Asbestos, or Waste Containing Asbestos.72 Bulk Liquid and Semi-Liquid Waste73 Septic Tank Clean-Out Waste74 Liquid Sewage Sludge-- Hazardous Waste as Defined at N.J.A.C. 7:26-1.4 and as Set

Forth at N.J.A.C. 7:26-8

3. Source Separated Recyclable Materials

Pursuant to the May 20, 1992 Host Municipality Agreeme nt amendedFebruary 2, 1994 and the December 21, 1994 Amendement to the BergenCounty District Solid Waste Management Plan certified by the DepartmentMarch 21, 1995, the following source separated recyclable materials maybe accepted at this facility:

CLASS "A" RECYCLABLE MATERIALS

Ferrous and Nonferrous Metals Paper, Including NewsprintAluminum, Metal, and Bimetal Cans Plastic Containers

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Glass Corrugated and Other Cardboard

CLASS "B" RECYCLABLE MATERIALS

Wood (Non-Manufactured, Non-Painted, Soils And Non-Chemically Treated Or Concrete, Brick, Block and Impregnated) Other Masonry Tires (Autombile and Truck) Asphalt and BituminousConcrete Vegetative Waste (Other Than Grass Asphalt Based Roofing Shingles And Leaves)

No other materials designated in Bergen County's District Solid WasteManagement Plan to be source separated in the residential and commercialsectors may be accepted unless this Permit has been modified inaccordance with N.J.A.C. 7:26-2.6(d).

Source separated recyclables shall be brought directly to the RecyclingProcessing Building (formerly referred to as the Truck Garage or VehicleMaintenance Building) where they shall be unloaded, usually to thefloor, and placed into containers for later transport to recyclingcenters or final market destinations.

4. Referenced Documents and Engineering Plans

The construction and operation of this facility shall be in accordancewith the provisions of N.J.A.C. 7:26-1 et seq., the conditions of thisPermit, and the following submissions:

DOCUMENTS PREPARED BY BECHT ENGINEERING COMPANY, INC. OF LIBERTY CORNER,NEW JERSEY

a. "Standard Application Form (CP#1)" and "Solid Waste Supplement toStandard Application Form CP#1" dated December 27, 1990 andsubmitted within item 4.b. The same Form and Supplement datedFebruary 11, 1993 and submitted within item 4.d to modify theprior submittal. Additional modifications to the same Form andSupplement made within the Department's technical Notice ofDeficiency dated March 30, 1995. The same Form and Supplementupdated and modified, dated May 26, 1995, and submitted withinitem 4.g. All of these, as they contain the most recent andcurrent data, constitute Garofalo's REGISTRATION STATEMENT.

b. "Application for Repermitting, Environmental Impact Statement, andOperations and Maintenance Manual" submitted March 11, 1991(letter of transmittal dated February 25,1991). [Although it isnot named in the title, an Engineering Design report isincorporated within this document.]

c. "Application for Repermitting, Environmental Impact Statement, andOperations and Maintenance Manual" [now referred to as AddendumNo. 1] dated and submitted April 5, 1993.

d. "Application for Repermitting, Environmental Impact Statement, andOperations and Maintenance Manual," revised and updated AddendumNo. 1 submitted July 23, 1993 for multiple agencies' review.

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e. "Addendum to the Administratively Complete Permit RenewalApplication Submitted To NJDEPE to Describe Operating Requirementsof BCUA's Transfer Station Services" [now referred to as AddendumNo. 2] submitted November 28, 1994.

f. "Garofalo Recycling and Transfer Station Co., Inc. (Permit Holder)and Garofalo Brothers, Inc. (Operator) Solid Waste TransferStation and Materials Recovery Facility Located in Garfield, NewJersey: Addendum No. 3 in Response to the NJDEP Technical ReviewNotice of Deficiency" submitted May 30, 1995.

g. "Supplement to May, 1995 Addendum No. 3 to the Garofalo Recyclingand Transfer Station Co., Inc./Garofalo Brothers, Inc. Applicationfor a Solid Waste Facility Permit" submitted May 15, 1996.

g-g. Letter dated August 7, 1996 from Michael F. Riccardelli, Esq., attorney for the applicants, to Thomas Sherman, Chief, Bureau of Solid and Hazardous Waste Engineering, submitted as a formal comment at the Public Hearing.

MAPS AND DRAWINGS PREPARED BY BECHT ENGINEERING COMPANY ,INC. OF LIBERTYCORNER, NEW JERSEY AND SIGNED AND SEALED BY CHARLES BECHT, P.E., P.P.,N.J.P.E. LICENSE NO.8942

h. SP-1: "Key Map," Rev. 1, May 30, 1995 ; submitted within item 4.f.

i. SP-2: "Vicinity/Zoning Map," Rev. 0, October 31, 1991 ; resubmittedwithin item 4.f.

j. SP-3: "Vicinity/Zoning Map," Rev. 0, October 31, 1991; resubmittedwithin item 4.f.

k. SP-4: "Vicinity/Zoning Map," Rev. 0, October 31, 1991 ; resubmittedwithin item 4.f.

l. SP-5: "Key Map," Rev. 0, October 31, 1991; resubmitted within item4.f.

m. SP-6: "Key Map - Well, Public Facility, and Locati on Maps," Rev.0, October 31, 1991; resubmitted within item 4.f.

n. SP-7: "Key Map - National Wetlands Inventory," Rev. 3, October 31,1991; resubmitted within item 4.f.

o. SP-8: "Flood Prone Area Map," Rev. 0, October 31, 1991 ;resubmitted within item 4.f.

p. SP-9: "Plot Plan," Rev. 1, May, 1995; submitted within item 4.f.

q. SP-10B: "Revised Traffic Flow Site Plan," Rev. 0, Aug. 9, 1996 ; submitted with item 4.g-g.

r. SP-11: "Site Plan," Rev. 1, May, 1995; submitted within item 4.f.

s. A-1: "Elevations," Rev. 0, October 31, 1990 ; resubmitted withinitem 4.f.

t. A-2: "Elevations," Rev. 0, October 31, 1990 ; resubmitted withinitem 4.f.

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u. A-3: "Floor Plan," Rev. 1, May, 1995; submitted within item 4.f.

v. A-4: "Plumbing & Storm Draining Plan," Rev. 1, May, 1995;submitted within item 4.f.

w. A-5X: "Electrical and Mechanical Equipment Plan," Rev. 0, October31, 1990; resubmitted within item 4.f.

In case of conflict, the most recent plan revisions and supplementalinformation approved by the Department shall prevail over priorsubmittals, and the conditions of this Permit shall supersede theengineering plans, engineering design report, and environmental impactstatement referenced above.

5. Pre-Construction Requirements

Construction at this facility that is authorized by this Permit islimited to the installation of a noise barrier wall on the easterlyproperty line across from Lots 9 and 13 of Block 35, and to themodification and extension of the existing noise barrier wall on thewesterly property line. Before undertaking any other construction atthis facility, the Permittee shall comply with the modificationprocedures set forth in N.J.A.C. 7:26-2.6 or the renewal procedures setforth in N.J.A.C. 7:26-2.7.

a. Within thirty (30) days after issuance of this Permit, and atleast thirty (30) days before site preparations and construction arebegun, the Permittee shall submit the following to the Department:

i. A letter format design report which demonstrates that thewalls will, when constructed as specified by the report, providethe sound attenuation recommended by FMK Technology.

ii. A construction schedule which demonstrates that the wallswill be completed within ninety (90) days after isuance of thisPermit.

b. Within sixty (60) days after issuance of this Permit, and at leastten (10) days before site preparations and construction are begun, thePermittee shall submit the following to the Department:

i. Two copies of the design and construction drawings for thewalls.

ii. Two copies of Revisions to Drawing SP-9, "Plot Plan," andany others of the drawing set identified in Condition 4 affectedby construction of the noise walls.

iii. Two copies of all local permits required and obtained forthe constuction of the noise walls.

iv. Two copies of correspondence with the local SoilConservation District office which establishes that a Soil Erosionand Sediment Control Plan is not required, should this be thecase.

The submittals required by this Condition are for the Department's

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information and records, not for its approval. The Drawings identifiedin Condition 4 as having been approved for the purpose of issuing thisPermit showed that the noise walls were to be constructed. Thesesubmittals will update and supplement those drawings.

6. Construction Requirements

a. Exhaust silencers shall be maintained on all heavy constructionequipment. Unnecessary idling of such equipment shall beprohibited.

b. Only air compressors with noise attenuation systems s hall be used.

c. Only pneumatic tools with discharge mufflers shall be used.

d. Pile driving and other impulsive noise-producing constructionactivities shall be confined to the working hours of 7:00 a.m. to7:00 p.m.

e. All gasoline fuel for construction equipment shall be delivered onan as-needed basis and dispensed directly from the delivery truckto the equipment without storage of the gasoline on site. Dieselfuel may be dispensed from the facility's on-site storage tanks inthe same manner that the facility's vehicles are refuled.

f. The maximum size containers for other fluids and chemicals storedon site during construction of the facility shall be fifty-five(55) gallon drums. A localized containment field shall beinstalled on site for the temporary storage of these containers inaccordance with State and local regulations.

g. All waste materials generated by the construction shall behandled, stored, and disposed in accordance with the Department'srules and regulations.

h. All temporary soil stockpiles created during construction shall becovered or watered as necessary to minimize fugitive dust.

i. Silt barrier fences shall be installed and maintained atappropriate locations in accordance with an approved Soil Erosionand Sediment Control Plan, should one be required.

j. Vehicles transporting soil or loose or fine-aggregate materialsonto or off of the site shall be securely covered to preventspillage and dusting. Also, loading and unloading operationsshall be controlled to minimize dust generation.

k. The tracking or spilling of dirt or debris onto public roads shallbe minimized, and the Permittee shall be responsible for promptcleanup of any resulting accumulations.

7. Engineer's Certification of Construction

The Permittee's Engineer, professionally licensed in the State of NewJersey, shall oversee construction at the facility. Within thirty (30)days after the noise walls have been completed, the Engineer shallcertify to the Bureau of Resource Recovery and Transfer Facilities in

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the Division of Solid and Hazardous Waste that he has personallyexamined each major stage of the construction and that the noise wallshave been constructed in accordance with this Permit, the design basiscited in Condition 5.a.i, and the drawings cited in Condition 5.b.i.

The certification shall include the following statement: "I certifythat I have personally examined and am familiar with the informationsubmitted in this document and believe that it is true, accurate, andcomplete. I am aware that there are significant penalties forsubmitting false information, including the possibility of fine andimprisonment." It shall bear the embossed seal of the Engineer, hissignature, and the date of certification.

Two complete "As Built" sets of the drawings cited in Condition 5.b.ii,which have been approved by the agencies cited in Condition 5.b.iii,shall be submitted with the certification.

8. Operations and Maintenance Manual

A final Operations and Maintenance (O&M) Manual sh all be submitted tothe Department for approval no later than sixty (60) days after theissuance of this Permit. The O&M Manual shall be prepared as a separateand fully self-contained document which includes all relevantnarratives, listings, schedules, sample forms, etc.; which is notdependent upon other documents for completeness; and which is adequateto be used alone for training and reference. It shall be maintained andavailable for use at the facility at all times. Subsequent changes tothe approved O&M Manual proposed by the Permittee shall not beimplemented until approved by the Department.

The final O&M Manual shall include the following sections:

a. A description of the facility operation, including

(1) A statement of the days and hours for receiving sourceseparated recyclables and solid waste, for processing theserecyclables and solid waste (including recovering recyclablematerials from solid waste), and for transferring(transporting) source separated recyclables, recoveredrecyclable materials, and solid waste residues from thefacility.

(2) A listing and brief description of equipment items of thefollowing types: materials handling, processing, monitoringand control, safety, emergency, security, and structural. As applicable, a description shall include the item's commonname, manufacturer's or trade name (if different),manufacturer, model number, capacity, statement of function,and brief description of how the item is operated.

(3) Brief summary narratives that describe the following:

(a) The overall operations of the facility.

(b) All monitoring and control functions and procedures

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which are part of the facility operations.

(c) All security functions and procedures (includingcommunications and alarms) which are part of thefacility operations.

(d) Procedures for controlling on-site litter and debris,for preventing wind-blown dust and other materialsfrom leaving the site, and for asssuring that neithersolids nor liquids will be dropped from solid wastevehicles onto city streets.

(e) Procedures for preventing and detecting fires, andequipment and procedures for extinguishing fires.

(f) Procedures for controlling arthropods and rodents.

(g) Procedures for controlling noise generation.

(h) Procedures for inspecting incoming loads of solidwaste and preventing the receipt of prohibited wastetypes.

(i) Procedures for removing small quantities of prohibitedwaste types from an incoming load and storing themtemporarily in a secure area pending Departmentinstructions for disposal, or for storing entire loadsof prohibited waste types.

(j) Procedures for inspecting incoming loads of mixedsolid waste and minimizing and/or preventing thereceiving of materials that should be source separatedin the various originating municipalities.

(k) Procedures for handling unusual peak loadings whichmay exceed the facility's design capacity.

(l) Procedures for handling incoming waste flows duringperiods of emergencies, equipment breakdown, orfacility shutdown.

(m) Procedures for controlling on-site traffic,particularly with respect to crossing patterns asvehicles approach the Tipping Floor and Trash BalerBuildings and the Recycling Processing Building (asidentified on Drawing SP-10A) and to congestion at thenorth end of the truck scale.

b. An inspection plan which shall include inspection schedules thatwill ensure maximum facility availability and compliance with thisPermit. The frequencies of inspections shall be defined based onmanufacturers' recommendations and engineering judgement regardinglikely equipment wear, deterioration, or malfunction. Schedulesfor inspecting materials handling, processing, monitoring andcontrol, safety, emergency, security, and structural equipmentshall be included. Structural equipment includes the trash andgrease trap shown on drawing A-4; inspection shall be sufficientlyfrequent to assure that the facility complies with conditions of

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discharging to the municipal sewer system. The plan shallidentify the types of problems which are to be looked for duringthe various inspections and the actions to be followed if problemsare found.

c. A maintenance plan, which includes schedules for preventivemaintenance activities per manufacturers' recommendations,anticipated repairs, or major equipment replacement; an analysisof spare parts inventory needs; maintenance contracts with outsidevendors; and contracts with equipment dealers to supply standby oremergency equipment. The plan shall also address maintenance ofthe physical plant items (the structural equipment referred to inthe preceding paragraph) such as roof drains, overhead doors,floor drains and grates, truck scale, sumps and sump pumps, etc.

d. A facility safety plan which describes the operating procedures tobe followed to protect facility personnel and other persons frominjury. The plan shall demonstrate compliance with theoccupational safety and health standards for general industry, 29CFR 1900 to 1910. The plan shall also implement industrial safetystandards such as the latest amendments of ASME B20.1-1990 forconveyors and ANSI Z244.1-1982 regarding electrical lockout. Bilingual signage shall be incorporated where appropreiate forsafe operation of all equipment and for safe general workingconditions.

e. An emergency contingency plan which delineates procedures forresponding to fire, explosions, or sudden or non-sudden releasesof harmful substances including hazardous wastes to the air, soil,surface water or ground water. The contingency plan shall containa description of the actions facility personnel shall take in theevent of various emergency situations, a description ofarrangements made with the Department and local police and firedepartments which allow their immediate entry into the facility torespond to an emergency situation, and a list of names, addressesand telephone numbers (office and home) of the person(s) qualifiedto act as emergency coordinator for the facility. The list shallbe kept up to date. Where more than one person is listed, oneshall be named as a primary emergency coordinator and others shallbe listed in the order in which they will assume responsibility asalternates.

Copies of the contingency plan shall be submitted sep arately (thatis, without the balance of the O&M Manual) to the local police andfire departments, the local and county health departments, andother applicable offices of emergency management.

f. A facility staffing plan which includes the job title and job description for each position at the facility. The descriptionsshall include duties and performance standards, and the requisiteskills, education and other qualifications required for eachposition.

g. A staff training plan which defines the types and amounts ofinitial and follow-up training to be provided to all facilitypersonnel. Notwithstanding the long history of this facility'soperations, the training plan shall be designed not only for newemployees, but also for experienced employees.

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The plan shall include instruction in the operation, inspection,and maintenance of facility equipment, machinery, and systems toteach the personnel to perform their duties in a manner thatensures the facility's compliance with the requirements ofN.J.A.C. 7:26-1. et seq. and the conditions of all theDepartment's permits issued to the facility. It shall alsoinclude procedures for inspecting incoming waste loads to identifyunauthorized wastes and procedures for the proper handling of suchwastes. It shall also include procedures to be followed during aplanned or unplanned shutdown.

The plan shall comply with both the content scope and recordkeeping requirements of OSHA standards. It shall also ensure thatfacility personnel are able to respond effectively to emergencysituations by providing instruction in safety procedures and theuse of safety equipment, and fire training specifically suited tothis facility.

9. Facility Staffing

The Permittee shall maintain sufficient staff in accordance with thefacility staffing plan included in the O&M Manual as required byCondition 8.f to ensure proper, orderly, and safe operation of allmaterials handing, processing, monitoring and control, safety,emergency, and security equipment items. Concurrently, the level ofstaffing shall provide the capability to handle all routine facilitymaintenance requirements and also to respond to all emergencysituations.

A fully trained and qualified foreman or supervisor who is designatedand authorized by the Permittee to make and implement operationaldecisions shall be present at the facility during all operating hours.

10. Facility Staff Training

All personnel who are directly involved in facility waste managementactivities or who operate, service, or monitor any facility equipment,machine, or system shall successfully complete an initial program ofclassroom or on-the-job training in accordance with the training planincluded in the O&M Manual as required by Condition 8.g.

Training sessions for Hispanic employees may be conducted in English aslong as a knowledgeable bilingual employee is present to assist andensure that the training subjects are understood. The training mustexplicitly address the bilingual postings and signage mentioned inCondition 26.

11. Unauthorized Waste

The Permittee shall implement procedures to detect and removeunauthorized waste from the waste stream entering the facility asdescribed in the O&M Manual according to Conditions 8.a(3)(h) and8.a.(3)(i). The procedures shall include the following:

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a. Continuous visual monitoring of the delivered waste by facilitypersonnel. Any suspected unauthorized waste shall be removed fromthe processing stream.

b. Segregation and storage of suspected hazardous waste , drums, orcontainers of liquid in a designated secure area. Such materialsshall not be returned to the generator. Their discovery shall bereported immediately to the Department's Environmental Action HotLine at (609) 292-7172. They shall be handled as hazardous wastefor storage and disposal purposes unless the Department directsotherwise. The Permittee shall maintain a federal EPA ID numberas a Hazardous Waste Generator in order to facilitate disposal ofsuch waste.

Negligent or deliberate processing of hazardous or other unauthorizedwaste shall be cause for revocation of this Permit.

12. Unauthorized and Authorized Recyclables

In order to ensure that materials reovery operations do not detract fromthe recycling programs of the municipalities served by the facility, thePermittee shall implement procedures to detect, document, and report theamounts of recyclable materials received in mixed waste loads asdescribed in the O&M Manual according to Condition 8.a(3)(j). Theprocedures shall include, but not be limited to, the following:

a. Facility personnel shall visually monitor each load of mixed wastereceived for materials known to have been designated by thecounties served (Bergen, Passaic, etc.) as recyclables that are tobe source separated.

b. For each load of mixed waste received from a source not exemptedas described in Condition 12.c following, the foreman orsupervisor identified in Condition 9 shall note on the O&D form(ref. Condition 28) if an excessive amount of recyclable materialsis seen to be present. The notation shall identify the types ofrecyclables, the estimated amount of each type, and the reason(s)these amounts are judged to be excessive.

c. For each load of mixed waste received from a commercial orinstitu-tional account known to have been exempted by its hostmunicipality from a source separation ordinance in accordance withN.J.S.A. 13:1E-99.16d, the supervisor or foreman shall ensure thatthe exemption documentation described in Condition 28.k is filedwith the O&D Form in the facility's daily records.

d. For each load of mixed waste received from a commercial orinstitu-tional account known to have been exempted as described inCondition 12.c preceding, the supervisor or foreman shall note onthe O&D form the types of recyclable materials recovered and theestimated amount of each type.

13. Materials Acceptance and Processing Rates

The facility may receive solid waste and source separated recyclablematerials at the following rates which define a "weekly average"

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capacity for waste and maximums only for recyclables:

Solid Waste (All Types).......................... 600 TPD, max.Solid Waste (All Types)....... 490 TPD, ave. for 5-1/2 day weekSolid Waste (All Types)..... 2,700 TPW, max. for 5-1/2 day week

Class A Recyclables............................... 25 TPD, max.Class B Recyclables.............................. 125 TPD, max.Total Classes A & B Recyclables........ 825 TPW, max. for 5-1/2 day week

Overall Total: Solid Waste (All Types)And Classes A & B Recyclables.................... 750 TPD, max.Overall Total: Solid Waste (All Types)And Classes A & B Recyclables........ 3,525 TPW, max. for 5-1/2

day week

As a necessary condition for the acceptance rates specified above toremain in effect, transfer trailers loaded with solid waste residuesawaiting transport to final disposal sites shall be staged off site asdescribed in Condition 17.

In any given operating day, the facility shall process the amount ofmaterial that is delivered to it on that day.

14. Operational Hours

The accepting of source separated recyclables and solid waste; the processing of these materials, including the recovery of recyclablematerials from the solid waste; and the transferring of source separatedrecyclables, recovered recyclable materials, and solid waste residuesshall be restricted to the following schedule, subject to possiblemodification as noted in Condition 22:

ACCEPTING, PROCESSING, AND TRANSFERRING MATERIALS

Monday through Friday ........ 6:00 a.m. to 4:00 p.m.Saturday ..................... 7:00 a.m. to 1:00 p.m.

CONTINUING TO PROCESS AND TRANSFER MATERIALS AFTER ACCEPTANCE HAS CEASED

Monday through Friday ........ To 7:00 p.m. Saturday ..................... To 5:00 p.m.

The arrival of empty transfer trailers, both onto the site and into thestorage area at the north end of Atlantic Street, and the transportingof source separated recyclables, recovered recyclable materials, andsolid waste residues in transfer trailers or smaller vehicles from thesite shall be restricted to the following schedule:

Monday through Friday ........ 7:00 a.m. to 7:00 p.m.Saturday ..................... 7:00 a.m. to 5:00 p.m.

15. Materials Recovery Operations

The Permittee may recover the same recyclable materials from solid wastethat are listed in Condition 3. No additional materials may be

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recovered unless this Permit has been modified in accordance withN.J.A.C. 7:26-2.6(d).

The Permittee may store recovered materials on site for later transportto recycling centers or final market destinations if the followingcriteria are satisfied:

a. Recovered materials may be combined with like materials that havebeen received source separated.

b. Recovered materials and source separated recyclable materials suchas paper and corrugated cardboard that are easily degraded by theweather shall be stored indoors or, if outdoors, in coveredtrailers or in covered roll-off containers.

c. Recovered materials and source separated recyclable materials suchas soils that are easily eroded by the weather shall be covered forout- door storage whether in on-grade piles or in bins orcontainers.

d. Recovered materials and source separated recyclable materials may be transported only to recycling centers or final market destinations.

e. Class B recyclable materials transported to an in-state recycling center for further processing shall be transported only to those recycling centers approved by the Department pursuant toN.J.A.C. 7:26A-3.

f. "Recycling center" and "final market destination " shall mean thesame as the definitions found at N.J.A.C. 7:26A-1.3.

The Permittee shall maintain contracts or letters of intent with allrecycling centers and final market destinations for the disposition ofrecovered materials and materials received source separated. ThePermittee shall notify the Department within one week of any changes inthe status of existing contracts or letters or of the addition of anynew contracts or letters for the disposition of these materials. Suchnotice shall include documentation of the changed status or a copy ofthe new contract or letter of agreement.

16. Waste Retention Time

The Permittee shall not allow solid waste to remain on the tipping floorovernight.

17. On-Site Roadways and Traffic Control

On-site traffic control measures as described in the O&M Manualaccording to Condition 8.a(3)(m) shall be implemented to provide for theorderly movement of vehicles on site and to minimize delaying vehiclesattempting to enter the site. A principal traffic control measure shallbe the off-site staging of transfer trailers loaded with solid wasteresidues which are awaiting transport to final disposal sites such asthe Union County Resource Recovery Facility and other destinationsspecified by the Bergen County Utilities Authority), including out-of-

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state sites. No more than two or three such trailers shall be on siteawaiting movement to the off-site staging area. Additional measuresshall include lane delineation, signs and signal lights as appropriate.

18. Site Access and Security

Access to the facility shall be restricted to the following:

- Facility employees.- Authorized visitors, vendors, and their necessary service vehicles.- Facility-owned vehicles, including registered sol id waste vehicles.- Registered solid waste vehicles of other Transporters delivering solid waste in accordance with the facility's Certificate of Public Convenience and Necessity, SW No. 9010.- Vehicles exempted from registration in ac cordance with N.J.A.C 7:26-3.3.- Vehicles delivering source separated recyclable materials.- Registered solid waste vehicles of Transporters under direct or sub- contract to the Bergen County Utilities Authority transporting solid waste to final disposal destinations.- Registered solid waste vehicles under contract to the facility trans- porting transporting solid waste to other counties or out of state in accordance with N.J.A.C. 7:26-2B.9 and/or -2B.10. - Vehicles transporting materials to recycling centers or final market destinations.

Security functions and procedures as described in the O&M Manualaccording to Condition 8.a(3)(c) shall be implemented to provideeffective control of entry and exit at all times. Guards, attendants,visual monitors, or locked gates shall be utilized at site entrances andexits as appropriate. Security fencing or walls shall be maintainedaround the entire facility.

19. Inspection and Maintenance

Through effective inspection and maintenance plans included in the O&MManual as required by Conditions 8.b and 8.c, the Permittee shall keepthe facility equipment and systems in proper operating condition. Tosupport this effort, the Permittee shall maintain a sufficient inventoryof spare parts and replacement equipment to minimize down time andensure continued operation of the facility.

The results of all inspections shall be recorded and shall be maintainedin an Inspection Log book. These records shall include the date andtime of the inspection, the name of the inspector, a notation ofobservations, recommendations (if any) made by the inspector, and thedate and nature of repairs or other remedial action taken. Theserecords shall be made available to authorized representatives of theDepartment upon request.

20. Housekeeping

The Permittee shall maintain routine housekeeping procedures within thefacility buildings to prevent the accumulation of dust and debris and to

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provide general cleanliness in the working environment. At the end ofeach working day, the Permittee shall clean all floor areas where solidwaste has been placed and clean accumulations of putrescible waste fromall waste handling and processing equipment within the buildings.

The Permittee shall maintain the facility grounds free from litter anddebris, sweep all paved areas periodically to minimize wind-blown dustand litter, and maintain administrative procedures to prevent spillsfrom solid waste vehicles as described in the O&M Manual according toCondition 8.a(3)(d). The Permittee shall give special attention to theentrance area to keep dirt, litter, and spills from Atlantic andCommerce Streets, and shall clean this area whenever such material isnoticeable.

21. Stormwater and Wastewater Disposal

The Permittee shall make no changes in the existing stormwater andwastewater disposal systems shown on Drawing A-4 except in accordancewith the modification procedures set forth in N.J.A.C 7:26-2.6 or therenewal procedures set forth in N.J.A.C. 7:26-2.7.

22. Noise Control

The Permittee shall maintain procedures to control and minimize noisegeneration as described in the O&M manual according to Condition8.a(3)(g). These shall include preventing the continued entry into thefacility of any vehicle not equipped with a properly operating mufflersystem or which otherwise produces excessive noise.

The Department reserves the right to require the Permittee to conductadditional noise surveys to ensure compliance with the Noise Controlregulations, N.J.A.C. 7:29-1 et seq. The Department may, in accordancewith N.J.A.C. 7:26-2.6d(1)viii, modify the facility's hours of operationif there should be noise problems that can not otherwise be mitigated.

23. Odor and Dust Control

The operation of this facility shall not result in odors associated withsolid waste being detected off site in any area of human use oroccupancy at any time.

The operation of this facility shall not result in the production ofdust at unhealthful levels within working areas and/or subject to beingblown off site.

24. Vermin Control

The Permittee shall institute and maintain an effective vermin controlprogram at the facility as described in the O&M Manual according toCondition 8.a(3)(f). It shall be conducted by a qualified applicator ofpesticides as set forth in the New Jersey Pesticide Control Code,N.J.A.C. 7:30-1 et seq.

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25. Fire Protection and Emergency Response

The Permittee shall maintain the fire detection and protection systemsdescribed in the O&M Manual according to Condition 8.a(3)(e) in operablecondition at all times and shall have adequate fire-fighting equipmentavailable on site. The Permittee shall post fire-fighting and emergencyprocedures prominently in the work area. The postings shall be inSpanish and English and shall include the telephone numbers of localfire, police, ambulance, and hospital facilities, and the Department ofEnvironmental Protection "Hot Line" which is (609) 292-7172.

26. Safety and Emergency Procedures

The Permittee shall follow Occupational Safety and Health Administration(OSHA) standards in the operation of this facility for the safety ofemployees, contractors, and other persons entering the premises.

As part of the safety plan included in the O&M Manual as required byCondition 8.d, the Permittee shall develop brief job-related safetyrules and post them prominently in both Spanish and English in the workarea. The Permittee shall also incorporate bilingual signage asappropriate throughout the faciltiy for the safe operation of equipment.

The Permittee shall train facility staff to respond effectively to anyequipment malfunction or emergency situation that may arise duringfacility operation. This training shall include, but not be limited to,the following:

a. The use of personal safety equipment.

b. The use of communications and alarm systems.

c. The procedures to be followed in response to fires, explosions orother emergencies.

27. Emergency Situations

An emergency situation is defined as the occurrence of a fire,explosion, or uncontrolled pollutant discharge or emission to theenvironment. If an emergency situation occurs, the emergencycoordinator identified in the contingency plan included in the O&MManual as required by Condition 8.e shall implement the followingactions:

a. Immediately identify the character, source, amount, and extent ofany pollutant discharge or emission and notify the State and localagencies with designated response roles should assistance beneeded.

b. Concurrently assess possible hazards to public health or to theenvironment that may result from the emergency situation and

(1) Notify appropriate local authorities if an assessmentindicates that evacuation of local areas may be advisable.

(2) Notify the Department's Environmental Action Hot Line at(609) 292-7172, reporting the type of substance and the

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estimated quantity discharged or emitted, if known, thelocation of the discharge or emission, actions the personreporting the discharge or emission is currently taking orproposing to take in order to mitigate the discharge oremission, and any other information concerning the incidentwhich the Department may request at the time ofnotification.

The emergency coordinator shall take all reasonable measures to ensurethat an emergency situation does not spread to other areas of thefacility. Such measure may include the cessation of processingoperations and the collection and containment of released pollutants.

Immediately after an emergency situation, the emergency coordinatorshall provide for appropriate storage and disposal of waste,contaminated soil or water, or any other material contaminated as aresult of the event in accordance with Condition 11.b regardingunauthorized waste.

The emergency coordinator shall ensure that no solid waste is processedin the affected unit or area until cleanup procedures are completed andall equipment is again fit for its intended use.

The emergency coordinator shall notify the Department and appropriatelocal authorities when operations have returned to normal.

Within fifteen days after the incident, the emergency coordinator shallsubmit a written report on the incident to the Department. The reportshall include but not be limited to the name, address, and telephonenumber of the facility; the date, time, and description of theincident; the extent of personal injuries, if any, includingidentification of the names and job responsibilities of the injuredpersons; an assessment of actual damage to the environment, if any; anassessment of the scope and magnitude of the incident; a description ofthe immediate actions that have been initiated to clean up the affectedarea and prevent a recurrence of a similar incident; and animplementation schedule for undertaking longer term measures to effectcleanup and avoid a recurrence of the incident, if applicable.

Nothing in this Condition shall be deemed to supersede any notificationrequired pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.; to Hazardous Substance Discharge : Reports andNotices, N.J.A.C. 7:1-7; to the air pollution notification requiredpursuant to N.J.S.A. 26:2C-19; or to any other independent statutory orregulatory notice requirements.

28. Operation Records

The Permittee shall maintain daily records of the facility's operationswhich shall include

a. The solid waste facility name and identification number.

b. Identification of each vehicle and container entering and leavingthe facility by the following:

(1) For registered solid waste vehicles and containers, theDepartment registration number.

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(2) For unregistered vehicles, the owner's name and address.

(3) The vehicle license plate number and the issuing state.

(4) The capacity as measured in cubic yards and in tons.

c. The date and time of each delivery to or shipment from thefacility.

d. The tonnage, type (ID number or name), and place of origin(municipality, NJ District or county, and state) of each deliveryof solid waste or source separated recyclables to the facility. The amount of solid waste shall be the weight received beforematerials are recovered. If solid waste is received from atransfer station, the facility registration number of thattransfer station shall also be identified.

e. The tonnage and type (ID number) of solid waste returned to eachin-state, out-of-District place of origin (identified bymunicipality and NJ District), if applicable.

f. The tonnage and type (ID number) of solid waste se nt out of Statefor final disposal, if applicable.

g. The tonnages and types of recyclable materials recovered from thesolid waste received from each place of origin (municipality, NJDistrict or county, and state).

h. The tonnages, types, and destinations of source separated andrecovered recyclable materials sent to recycling centers or finalmarket destinations for further processing pursuant to thefollowing:

(1) Recyclable materials may be transported only to recyclingcenters or final market destinations pursuant to therequirements of N.J.A.C. 7:26A-1 et seq.

(2) "Recycling centers and final market destinations" shall meanthe same as the definitions found at N.J.A.C. 7:26A-1.3.

(3) Destinations for recyclable materials shall be listed byspecific location and name of each recycling center or finalmarket destination.

(4) Class B recyclable materials transported to an in-staterecycling center for further processing shall be transportedonly to a recycling center approved by the Departmentpursuant to N.J.A.C. 7:26A-1 et seq.

(5) Solid waste received by a transfer station/materialsrecovery facility shall retain the ID number identified inthe waste origin/disposal (O&D) form. The type of solidwaste shall not change due to the recovery of recyclablematerials or other processing of solid waste.

The Permittee shall retain the daily records at the faclity for six

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years and shall make them available to representatives of theDepartment, the Bergen County Utilities Authority, or the local andcounty health departments for inspection during normal working hours.

Each registered solid waste transporter and the facility operator shallfurnish information for the daily record on a solid wasteorigin/disposal (O&D) form.

i. Each registered solid waste transporter will have received anapproved O&D form from the Department to duplicate and use witheach load of solid waste delivered to the facility.

j. Before tipping at the facility, each registered solid wastetransporter shall complete and sign an O&D form, therebycertifying the accuracy of the information provided.

k. Each registered solid waste transporter delivering mixed wastefrom a commercial or institutional account that has been exemptedby its host municipality from the municipal source separationordinance in accordance with N.J.S.A. 13:1E-99.16d shall attachdocumentation confirming the exemption to the O&D form.

l. The Permittee shall verify that an O&D form has been completed bythe registered solid waste transporter, verify that the facility'scomputer record of scale data is in agreement with the informationon the O&D form, and sign the completed O&D form.

m. If an O&D form is not completed and signed by the registered solidwaste transporter for each solid waste vehicle, or if the solidwaste disposal would not be in compliance with the facility'sregistration, the Permittee shall deny the transporter the rightto dispose of the solid waste at the facility.

The waste remaining after processing shall be designa ted within the O&Dform and daily record as the same waste type as originally received atthe transfer station/materials recovery facility. At no time mayprocessing be used to change the original waste type designation ofoutgoing solid waste from the transfer station/materials recoveryfacility [see item 27.h(5) above]. Further, at no time may solid wastetype ID 27 be shredded, ground, baled, or otherwise mechanicallyprocessed so as to alter the physical appearance of the material.

The Permittee shall retain the O&D forms at the facility for six yearsand shall make them available to representatives of the Department, theBergen County Utilities Authority, or the local and county healthdepartments for inspection during normal working hours.

The Permittee shall submit copies of relevant O&D forms monthly to eachof the following municipal recycling coordinators:

n. The coordinator of each municipality from which excessive amountsof recyclable materials have been received in mixed waste loads asidentified according to Condition 12.b.

o. The coordinator of each municipality from which exemptedcommercial or institutional accounts have dispatched loads ofmixed waste for materials recovery processing as identifiedaccording to Condition 12.d.

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The Permittee shall submit a monthly summary of the daily records to theDivision of Solid and Hazardous Waste and to the Bergen County UtilitiesAuthority no later than 20 days after the last day of each month. Thesummary shall include the following:

p. The tonnages, types (ID numbers), and places of origin(municipality, NJ District or county, and state) of solid wastereceived.

q. The tonnages and types (ID numbers) of solid waste returned toeach in-state foreign District.

r. The tonnages and types (ID numbers) of solid waste sent out ofstate.

s. The tonnages, types (names), and place of origin (municipality, NJDistrict or county, and state) of source separated recyclablesreceived and of recyclable materials recovered from the solidwaste. If the places of origin of recovered materials can not beidentified, the Permittee shall allocate the amount of recyclablematerials to each municipality in proportion to their shares ofthe total solid waste received.

t. The recycling centers or final market destinations (identified bynames and locations) used and the amounts of materials sent toeach.

u. The tonnages and types (names) of recyclable materials beingstored at the transfer station/materials recovery facility at theend of the reporting month.

v. Any payments made pursuant to N.J.A.C. 7:26-2B.9(a )iii to adesignated District facility in lieu of returning and disposing ofsolid waste as would be reported under item 28.q above. Thesummary shall include the name of the in-state foreign District towhich the payment was made, the amount of solid waste notdelivered, and the amount of the payment.

w. If payments have been made as described in item 28.v, the tonnagesand types (ID numbers) of solid waste disposed of in accordancewith the Bergen County Solid Waste System which would otherwisehave been returned to the in-state foreign District.

The Permittee shall submit an annual recycling tonnage report byFebruary 1st to each in-state municipality from which source separatedreyclable materials were received or from whose mixed waste loadsrecyclable materials were recovered during the preceding calendar year. The tonnages of source separated and recovered materials shall bestated separately, and the method of allocation in accordance with item28.s above shall be stated, if applicable. The report shall also listthe tonnages of those materials recovered from each exempted commercialand institutional account (refer to Condition 12.d). The Permitteeshall also furnish the annual tonnage figures to each of these exemptedaccounts so that they may comply with their reporting requirements perN.J.S.A. 13:1E-99.16d.

29. Plans on Site

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One complete set of the approved engineering plans, the environmentaland health impact statement and engineering report, the O&M manual,operation records, and this permit shall be kept on file at the facilityand shall be available to representatives of the Department, the BergenCounty Utilities Authority, or the local and county health departmentsfor inspection during normal working hours.

30. Decreased Capability to Process Materials

If a power outage or significant malfunction of equipment prevents thefacility from processing source separated recyclables or solid waste atrates equal to or greater than the rates these materials are beingreceived, the Permittee shall immediately report the event to theDivision of Solid and Hazardous Waste at (609) 984-6650.

The facility may continue to receive materials as long as the storagecapacities of the separate tipping areas for source separatedrecyclables and solid waste are not exceeded and vehicles are notpermitted to queue off site.

31. Right of Entry

The Permittee hereby authorizes Department personnel or the Department'sdesignated representatives to inspect any part of the facility'spremises whenever they consider such inspection necessary to determinecompliance with any condition of this Permit. Refusal to allow suchentry shall constitute grounds for suspension or revocation of thisPermit.

32. Duration of Permit

This Permit is valid for a maximum period of five (5) years from thePermit Effective Date. This Permit may be renewed upon properapplication in accordance with N.J.A.C. 7:26-2.7 provided that theoperation will meet all Departmental requirements that may exist whenthe renewal application is made.

33. Final Disposal

Pursuant to this Permit, the requirements of the Solid Waste ManagementAct, and its implementing regulations at N.J.A.C. 7:26-6.1 et seq., thepoint of generation of all New Jersey solid waste except waste type I.D.13C received, handled, and/or processed at the facility shall be thephysical source and the county solid waste management district fromwhich the waste entering the facility originates. The Permittee shallnot be considered the generator of any of the solid waste which, afterprocessing, is to be disposed. All solid waste processed at thisfacility other than waste type I.D. 13C and those materials collectedrecovered for transportation to a recyling center or final marketdestination shall be delivered to permitted solid waste disposalfacilities within the appropriate solid waste district of origin asdesignated in the particular District Solid Waste Management Plan and inaccordance with N.J.A.C. 7:26-2B.9 and 2B.10. All waste type I.D. 13Cmaterial shall be transported and disposed in accordance with theemergency rules concerning waste type I.D. 13C which became effective

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January 29, 1996.

The Permittee shall load all Bergen County origin solid waste processedat this facility (excluding materials recovered and transported torecycling centers or final market destinations) into solid wastevehicles operated by transporters under direct or sub-contract to theBergen County Utilities Authority for final disposal. Out-of-county orout-of-state origin waste may be loaded into solid waste vehicles ownedby or under contract to the facility.

The facility shall maintain the records specified by Condition 28 inorder to document compliance with this requirement.

34. Conformance with Solid Waste Management Plans

This Permit is conditioned upon conformance with all requirements of theBergen County District and State Solid Waste Management Plans asadopted, amended, and promulgated pursuant to N.J.S.A. 13:1E-1 et seq.and with all other District Solid Waste Management Plans, Modifications,and waste flow requirements specified at N.J.A.C. 7:26-6.5.

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Failure to comply with any or all limitations heretofore mentioned may resultin the Department seeking relief under N.J.S.A. 13:lE-1 et seq., the SolidWaste Management Act. Specifically, each day of failure to so comply shallconstitute a separate violation on the basis of which a fine may be assessedand may result in loss of operating authority pursuant to N.J.S.A. 13:1E-12.

The issuance of this Permit and the conditions of operation identified hereinshall not be interpreted as relieving the applicant of his responsibility tosecure, maintain and comply with all other applicable Federal, State and localpermits or similar forms of authorization relating to the construction andoperation of this facility.

TABLE OF CONTENTS

SWF PERMIT FOR GAROFALO BROTHERS, INC. AND

GAROFALO RECYCLING AND TRANSFER STATION CO., INC.

PERMIT -

PERMIT CONDITIONS1. Permitted Waste Types 12. Prohibited Waste Types 13. Source Separated Recyclable Materials 14. Referenced Documents and Engineering Plans 25. Pre-Construction Requirements 46. Construction Requirements 4 7.

Engineer's Certification of Construction 58. Operations and Maintenance Manual 69. Facility Staffing 810. Facility Staff Training 911. Unauthorized Waste 912. Unauthorized and Authorized Recyclables 913. Materials Acceptance and Processing Rates 1014. Operational Hours 1015. Materials Recovery Operations 1116. Waste Retention Time 1117. On-Site Roadways and Traffic Control 1218. Site Access and Security 1219. Inspection and Maintenance 1220. Housekeeping 1321. Stormwater and Wastewater Disposal 1322. Noise Control 1323. Odor and Dust Control 1324. Vermin Control 1325. Fire Protection and Emergency Response 1426. Safety and Emergency Procedures 1427. Emergency Situations 1428. Operation Records 1529. Plans On Site 1830. Decreased Capability to Process Materials 1831. Right of Entry 1932. Duration of Permit 1933. Final Disposal 1934. Conformance with Solid Waste Management Plans 19

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THE FOLLOWING STANDARD-FORM PARAGRAPHS ARE NOT APPLICABLE:[Following #7]: Certificate of Occupancy[Following #7]: Pre-Operational Requirements