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New Jersey Rules on Hard Drive Destruction Restrictions

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NAID has received notice from the New Jersey Department of Environmental Protection (DEP) that destruction of hard drives in any manner is considered "processing" under the N.J.A.C. 7:A -1-3 and that hard drives are considered "universal waste" under the same law since it is consider as "consumer electronics."

Therefore, the New Jersey DEP has ruled that "Processing of consumer electronics whether as a permanent or mobile shredding requires a general or limited Class D Recycling Center Approval."

In a separate communication, the New Jersey DEP stated that it would consider crushing or disassembly of hard drives to be "processing". This means that not only will the service provider be held responsible for non-compliance, but in the case of mobile service, the customer would also likely be held accountable.

NAID is in the process of investigating if similar interpretations could be made in other states or at the national level.