BY ORDER OF THE COMMISSIONER:

A. Introduction

The New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-l et seq.) established a comprehensive system for the management of solid waste in New Jersey. The Act designated all twenty-one (21) of the state's counties, and the Hackensack Meadowlands District, as Solid Waste Management Districts, and mandated that the Boards of Chosen Freeholders and the Hackensack Meadowlands Development Commission develop comprehensive plans for waste management in their respective districts. On February 11, 1981, the Department of Environmental Protection (Department or DEP) approved, with modifications, the Salem County District Solid Waste Management Plan (County Plan).

The Act requires that all district plans be based on and accompanied by a report detailing the existing waste disposal situation in the district, and a plan which includes the strategy to be followed by the district in meeting the solid waste management needs of the district for a ten- year planning period. The report must detail the current and projected waste generation for the district, inventory and appraise all facilities in the district, and analyze the waste collection and transportation systems which serve the district. The disposal strategy must include the maximum ~ practicable use of resource recovery techniques. In addition to this strategy, the plan must designate sufficient available suitable sites for the disposal of the district's waste for a ten-year period.

The Act further provides that a district may review its County Plan at any time and, if found inadequate, a new County Plan must be adopted. The Salem County Board of Chosen Freeholders (County Freeholders) completed such a review and on April 5, 2000, adopted an amendment to its approved County Plan.

The April 5, 2000 amendment includes in the County Plan the continued operation of landfill 17138 located on the site of the DuPont Chambers Works in Carneys Point Township and Pennsville Township, Salem County , until May 31, 2005. The amendment further provides for a vertical expansion of the landfill without any change to the existing facility footprint. The facility will be used exclusively by the DuPont Co. for landfilling building demolition debris from buildings demolished on the Chambers Works site.

The amendment was considered administratively complete on April 25, 2000, and copies were distributed to various administrative review agencies for review and comment, as required by law. The Department has reviewed this amendment and has determined that the amendment adopted by the County Freeholders on April 5,2000 is approved as provided in N.J.S.A. 13:IE- 24.

B. Findings and Conclusions with ResDect to the Salem County District Manae:ement Plan Amendment

Pursuant to N.J.S.A. 13:1E-24a(I), I have studied and reviewed the April 5,2000 amendment to the County Plan according to the objectives, criteria, and standards developed in the Statewide Solid Waste Management Plan and 1 find and conclude that this plan amendment is consistent with the Statewide Solid Waste Management Plan. In this regard, the County Freeholders and the applicant are notified of the issues of concern relative to the April 5, 2000 which are included in Section 8.2. below.

In conjunction with the review of the amendment, the Department circulated copies to fifteen administrative review agencies and solicited their review and comment. Pursuant to N.J.S.A. 13:1E-24a(2) and (3), these agencies included various bureaus, divisions, and agencies within the Department. All agencies contacted are as follows:

Division of Parks and Forestry, DEP
Division of Fish, Game and Wildlife, DEP
Division of Compliance and Enforcement, DEP
Division of Water Quality Management, DEP
Division of Solid and Hazardous Waste, DEP
Office of Air Quality Management, DEP
Green Acres Program, DEP
Land Use Regulation Element, DEP
New Jersey Turnpike Authority
New Jersey Advisory Council on Solid Waste Management
Department of Agriculture
Department of Health and Senior Services ,
Department of Transportation .
Department of Community Affairs -
U .S. Environmental Protection Agency ..

The following agencies did not object to the proposed amendment:

Division of fish, Game and Wildlife, DEP
Division of Compliance and Enforcement, DEP
Division of Water Quality Management, DEP
Green Acres Program, DEP
New Jersey Turnpike Authority
Department of Agriculture
Department of Transportation

The following agencies did not respond to our requests for comment:

Division of Parks and forestry, DEP
Office of Air Quality Management, DEP
Land Use Regulation Element, DEP
New Jersey Advisory Council on Solid Waste Management
Department of Health and Senior Services
Department of Community Affairs
U.S. Environmental Protection Agency

The following agency provided substantive comments as shown in Section B. of the certification document:

Division of Solid and Hazardous Waste, DEP

2. Issues of Concern Regarding the April 5. 2000 Amendment

Issue: Historical Background of the DuPont Chambers Works Landfill

The DuPont Chambers Works Landfill comprises the A (27 acres) and B (19 acres) landfills.

These are not distinct landfills but the same facility separated by Patrol Road. Based on # available information, the B Landfill appears to have commenced operation in the 1950's and the A landfill in the 1960's. The first permit issued by the DEP to DuPont to operate this landfill was on September 15,1975 and the total site was identified as facility number 1713B.

Upon the initial operation of the Salem County Landfill all solid waste generated from within Salem County was directed to the County landfill. This landfill commenced operations on April 18, 1988. Pursuant to a May 18, 1988 amendment to the County Plan which was certified by the DEP on October 5, 1988, the DuPont Chambers Works Landfill was authorized to remain open until May 31, 1995 or until the landfill reached its permitted capacity , whichever occurred earlier. The amendment also restricted the landfill to accepting only waste types 13 (bulky waste) and 27 (dry industrial waste) generated onsite of the DuPont Chambers Works Complex. A subsequent amendment to the County Plan adopted on April 19, 1995 and certified approved by the Department on September 8, 1995, extended the operation of the landfill until May 31, 2000, or until the current permitted capacity is reached, whichever occurs earlier. The April 5, 2000 amendment proposes to extend the operation of the facility from June 1, 2000 to May 31, 2005, and increase its capacity through a vertical expansion to accommodate its continued operation. The facility will only accept building demolition debris from buildings demolished on the Chambers Works site.

C. Certification of the Salem County District Solid Waste Management Plan Amendment

In accordance with N.J.S.A. 13:1E-1 et seq., specifica11y N.J.S.A. 13:1E-21, which establishes specific requirements regarding the contents of the district solid waste management plans, I have reviewed the April 5,2000 amendment to the approved County Plan and certify to the County Freeholders that the April 5, 2000 amendment is approved as further specified below.

The continued operation of landfill 1713B located on the site of the DuPont Chambers Works in Carneys Point Township and Pennsville Township, Salem County, until May 31, 2005, is approved. The vertical expansion of the landfill without any change to the existing facility footprint, is also approved. The facility will be used exclusively by the DuPont Co. for landfilling building demolition debris from buildings demolished on the Chambers Works site.

Other Provisions Affecting the Plan Amendment

Any contract renewal or new contract for solid waste collection or disposal which is inconsistent

with this amendment to the County Plan and which was executed prior to the approval of this amendment and subsequent to the effective date of the Solid Waste Management Act (July 29, 1977), and which shall further be for a term in excess of one year, shall immediately be ~ renegotiated in order to bring same into conformance with the terms and provisions herein set forth. Any solid waste collection operation or disposal facility registered by the Department and operating pursuant to a contract as herein described, shall be deemed to be in violation of this amendment and of the County Plan if such renegotiation is not completed within ninety (90) days of the effective date of this amendment provided, however, that any such registrant may, upon application to the Department, and for good cause shown, obtain an extension of time toomplete such renegotiation.

2. Compliance

All solid waste facility operators and transporters registered with the Department and operating within the County and affected by the amendment contained herein shall operate in compliance with this amendment and all other approved provisions of the County Plan. Any facility operator or transporter who fails to comply with the provisions contained herein shall be deemed to be in violation of N.J.S.A. 13:IE-1 et seq., in violation of N.J.A.C. 7:26-1 et seq., and in violation of their registration to operate a solid waste facility or a collection system issued thereunder by the Department and shall be subject to the provisions and penalties of N.J.S.A. 13:IE-9 and 12 and all other applicable laws.

3. Types of Solid Wastes Covered bv the District Solid Waste Management Plan

The provisions of the County Plan shall apply to all solid wastes defined in N.J.S.A. 13:1E-3 and N.J.A.C. 7:26-2.13 including waste types 10, 13,23,25, and 27 and all applicable subcategories and shall not apply to liquid and hazardous wastes. All nonhazardous materials separated at the point of generation for sale or reuse are subject to regulation in accordance with N.J.A.C. 7:26A- 1 et seq.,

4. Certification to Proceed with the Implementation of the Plan Amendment

This document shall serve as the certification of the Commissioner of the Department to the County Freeholders and pursuant to N.J.S.A. 13:1E-24c. and f., the County shall proceed with the implementation of the approved amendment certified herein.

5. Definitions

For the purpose of this amendment and unless the context clearly requires a different meaning, the definitions of terms shall be the same as those found at N.J.S.A. 13:1E-3 and -99.12, N.J.A.C. 7:26-1.4, -2.13, and N.J.A.C. 7:26A-1.3.

6. Effective Date of the Amendment

The amendment to the County Plan contained herein shall take effect immediately.

7 .Reservation of Authority

Nothing contained herein shall be construed as a limitation on any other action taken by the Department pursuant to its authority under the law. The County Plan, including any amendment made thereto, shall conform with the Statewide Solid Waste Management Plan, with appendices.