A298

ASSEMBLY, No. 298

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROONEY

An Act concerning solid waste management and reduction, supplementing P.L.1970, c.39 (C.13:1E-1 et seq.), and amending P.L.1975, c.326 and P.L.1981, c.278.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known, and may be cited, as the "County and Municipal Waste Reduction Act."

2. (New section) The Legislature finds that incineration is a waste processing method that should be used only as an option of last resort for the processing of solid waste for ultimate disposal; that the maximum use of source reduction, reuse, composting, and recycling technologies will be compromised and seriously undermined if the State allows the numerous proposed solid waste incinerators that have been incorporated into approved solid waste management plans to commence operations, commence or continue in construction or expansion, or commence or continue in the siting process; that the possible adverse effects to public health, the environment and the State's economy from constructing, expanding, operating and maintaining solid waste incinerators have not been adequately addressed; and that the known and unknown threat to public health and the ecosystem from over 400 pollutants emitted by municipal solid waste incinerators, including lead, mercury, dioxin and acid gases in unacceptable.

The Legislature further finds that the construction, expansion, operation and maintenance of solid waste incinerators is characterized by enormous capital expenditures and escalating operation and maintenance expenses, costs that necessitate a substantial financial commitment by the State and the debt service for which must be borne by all taxpayers; that this commitment of public resources should be made, if at all, only as a last resort after thorough scrutiny and review, and only after a host county has demonstrated, based on verifiable data, at least a 75 percent reduction in its solid waste stream to be accomplished through 10 percent source reduction and 65 percent recycling, including municipal solid waste composting; and that every county proposing to construct or expand a solid waste incinerator for its long-term solid waste disposal needs must be required, at a minimum, to undergo an extensive review of its project development plan in order to effectively implement alternative, less environmentally harmful technologies and life cycle waste management techniques, thereby reducing the risk to public health from heavy metals and dioxin and minimizing the economic impact of these projects.

The Legislature further finds that the source reduction of solid waste is the preferred method of solid waste management over reuse, recycling, landfilling or incineration; that source reduction minimizes the amount of waste generated; that source reduction is a method that prevents the generation of waste, which is more effective than remedial solid waste management techniques; that source reduction of waste results in decreased consumption of virgin materials, decreased energy consumption, reduced pollution from mining and manufacturing processes, reduced soil erosion, and reduced expenditures for solid waste disposal for individuals, commercial establishments, and county and municipal governments; that source reduction reduces the amount, volume, and weight of solid waste ultimately resulting in greatly reduced waste volume and flow; that disposable products are inherently wasteful and should be discouraged from use; that excess packaging is an impediment to sound solid waste management; that fraudulent environmental claims on products and packages impede the achievement of solid waste source reduction goals; that a solid waste crisis exists within the State and it is in the public interest to reduce the amount of solid waste generated as a first step in eliminating the need for landfill space and incinerators, and to modify and simplify the composition of solid waste; that the Governor's Emergency Solid Waste Assessment Task Force recommended in 1990 that source reduction be recognized and implemented as the first priority in the State's solid waste management program; that the solid waste policy of the State shall be to cap total waste generation within five years and reduce total waste generation through source reduction within ten years; and that source reduction promotes economic competitiveness and a positive business climate.

The Legislature therefore determines that it is in the public interest to impose special review procedures and requirements on the design, financing, permitting, construction, or expansion of any solid waste incinerator, including any proposed expansion of an existing solid waste incinerator in operation as of the effective date of this act, any proposed solid waste incinerator currently undergoing project review, and any approved solid waste incinerator currently under construction.

The Legislature further determines that it shall be the public policy of this State to become self-sufficient in its management of solid waste by the year 2005 and to encourage the reduction of the amount and toxicity of solid waste generated within each county, through source reduction, reuse, composting and recycling, as the primary method of solid waste management in the State; and it shall also be the policy of this State to discourage, to the greatest extent practicable, the incineration or landfilling of solid waste generated within any county of the State; and that an integrated approach with respect to solid waste management shall be adopted based on the following hierarchy: source reduction, source separation and reuse, composting, recycling, landfilling preceded by baling, shredding and compaction, and incineration.

3. (New section) As used in this act:

"Commissioner" means the Commissioner of the Department of Environmental Protection.

"Composting" means the biological process whereby the organic components of a solid waste, including, but not limited to, food waste, yard waste, and vegetative waste, are broken down into their chemical elements and compounds to form humus.

"Container" means a package, covering, wrapping, box, or device in which a material or product is marketed, protected, stored, treated, handled, or transported, excluding any container used to hold, transport or store any hazardous or potentially hazardous waste.

"Department" means the Department of Environmental Protection.

"Designated agency" means the department, unit or committee of the county government designated by the board of chosen freeholders, in the case of counties, or the Hackensack Commission, in the case of the Hackensack Meadowlands District, to supervise the implementation of the district solid waste management plan pursuant to section 12 of P.L.1975, c.326 (C.13:1E-21); or the public authority which has jurisdiction over solid waste management within the district, including statutory power to enter into contracts or agreements.

"Disposable product" means any product designed to be discarded after only one use or customarily used only once.

"Emblem" or "recycling emblem" means a design indicating the term "recycled," "recyclable," "reusable," "compostable" or any other combination thereof.

"Host county" means any county wherein a solid waste incinerator is located or is to be located pursuant to a district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.).

"Material category" means any one of the following: clear glass, amber glass, green glass, paper, newspaper, corrugated containers, high-grade printing and writing paper, paperboard, coated paperboard, plastic, polyethylene terephthalate (PETE), high density polyethylene (HDPE), polyvinyl chloride, low density polyethylene (LDPE), polyproplyene, polystyrene, ferrous metal food and beverage containers; non-food ferrous metal containers; aluminum food and beverage and non-food, non-beverage containers.

"Municipal tonnage" means Type 10 and Type 23 solid waste as defined by the department by rule or regulation adopted pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.).

"Packaging" means any container and appurtenant material that provides a means of wrapping, holding, transporting, marketing, protecting, or handling a product, including, but not limited to, pallets and packing such as blocking, bracing, cushioning, weatherproofing, strapping, coatings, or closures.

"Post-consumer waste" means items that are discarded after being used by retail businesses, institutions, households, or individuals.

"Pre-consumer waste" means items such as unsold stock, over-production, or by-products of production processes which are discarded before being used as consumer items by retail businesses, institutions, households, or individuals, including, but not limited to, any recovered paper material; except that "pre-consumer waste" shall not include any material that could be labeled hazardous or potentially hazardous.

"Product" means any article produced by a human or mechanical effort.

"Recovered paper material" means paper waste generated after the completion of a paper making process, including envelope cuttings, bindery trimmings, printing waste, cuttings and other converted waste, butt rolls and mill wrappers, obsolete inventories and rejected unused stock. "Recovered paper material" shall not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimming of paper machine rolls (mill broke), or fibrous by-products of harvesting, extractive or woodcutting processes or forest residues such as bark, or sawdust.

"Residual ash" means the ash by-product that results from the incineration of solid waste at a solid waste incinerator and includes fly ash and bottom ash, or any combination thereof.

"Secondary material" or "recovered material" means material derived from pre-consumer or post-consumer waste which can be used to manufacture new products.

"Solid waste incinerator" means an incinerator used for the thermal reduction of solid waste under the provisions of an adopted and approved district solid waste management plan and permits approved by the department. A "solid waste incinerator" also means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse, and a resource recovery facility as that term is defined in section 2 of P.L.1985, c.38 (C.13:1E-137).

"Solid waste source reduction" means a reduction in the amount of solid waste entering the solid waste stream. "Solid waste source reduction" is an activity that reduces or eliminates the need to extract, use, recycle, or dispose of waste materials through such measures as reducing the volume or weight of materials entering the solid waste stream, increasing product durability, reuse, repair, and refillability. "Solid waste source reduction" also includes backyard composting and such manufacturing processes as material input substitution, product redesign, manufacturing changes and efficiency, changes in the use of materials, and product substitution or elimination.

"Waste audit" means an actual sampling of waste generated to determine its composition by material, product, volume, weight and origin.

"Waste reduction" means any activity that reduces the amount of waste material entering solid waste facilities for disposal as solid waste, including recycling and municipal solid waste composting.

4. (New section) a. Not later than the first day of the fourth year following the effective date of this act, every county shall adopt and implement a comprehensive program for the in-state source reduction, reuse, composting, recycling or disposal of all solid waste generated within its boundaries pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) and the provisions of this act.

b. Not later than the first day of the fourth year following the effective date of this act, every county shall provide for the reduction of at least 75 percent of the county's total annual solid waste stream requiring disposal, at least 55 percent of which shall be comprised of municipal tonnage, based on 1990 tonnage data for the county as compiled by the department, through 10 percent source reduction techniques and 65 percent recycling, or any combination thereof, excluding landfill disposal operations.

5. (New section) a. A county or designated agency shall not enter into any contract providing for the out-of-state disposal of solid waste generated within its boundaries after the first day of the fourth year following the effective date of this act without the prior written approval of the commissioner.

b. The commissioner shall not (1) approve any contract for the out-of-state disposal of solid waste; (2) approve an amendment to a district solid waste management plan providing for the out-of-state disposal of solid waste; or (3) issue a waste flow or redirection order authorizing the transportation of solid waste to out-of-state facilities for disposal, for any county after the first day of the fourth year following the effective date of this act, unless the county or designated agency affected by the terms of the contract has demonstrated that it has exhausted every appropriate source reduction, recycling, reuse, composting, and disposal option available in the State.

6. (New section) The provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the department shall not:

a. Issue any temporary or final registration statement or engineering design approvals for any new solid waste incinerator, or for any expansion of an existing solid waste incinerator, in any county prior to the first day of the fourth year following the effective date of this act and until the host county has satisfied the requirements of subsection b. of section 9 of this act; or

b. Approve the commencement of operations at any new solid waste incinerator currently under construction in any county prior to the first day of the fourth year following the effective date of this act and until the host county has satisfied the requirements of subsection b. of section 9 of this act.

7. (New section) The department shall not issue any planning or financing approvals or permits required pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.), P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1975, c.232 (C.13:1D-29 et seq.), P.L.1977, c.74 (C.58:10A-1 et seq.), P.L.1981, c.262 (C.58:1A-1 et seq.), or any other governmental approval issued pursuant to any applicable law or regulation, or any other law, or any rule or regulation adopted pursuant thereto, to any person proposing to construct, own or operate a solid waste incinerator, or expand an existing solid waste incinerator, prior to the first day of the fourth year following the effective date of this act until the host county has satisfied the requirements of subsection b. of section 9 of this act, and unless the person proposing to own or operate the solid waste incinerator has received a license approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133).

8. (New section) The provisions of section 28 of P.L.1985, c.38 (C.13:1E-163) or any other law, or any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the department or the Division of Local Government Services in the Department of Community Affairs shall not approve or conditionally approve any previously submitted proposed contract for the design, financing, construction, expansion, operation, or maintenance, or any combination thereof, of a solid waste incinerator prior to the first day of the fourth year following the effective date of this act and until the host county has satisfied the requirements of subsection b. of section 9 of this act.

9. (New section) a. The provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, prior to the first day of the fourth year following the effective date of this act, the department shall not issue any permits or approvals required by law for the construction or operation of a solid waste incinerator, and no person shall be permitted to finance, construct, own or operate a new solid waste incinerator, or expand an existing solid waste incinerator.

b. The provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, after the first day of the fourth year following the effective date of this act, the department shall not issue any permits or approvals required by law for the construction or operation of a solid waste incinerator, and no person shall be permitted to finance, construct, own or operate a new solid waste incinerator, or expand an existing solid waste incinerator, unless the department determines after public notice and hearing, by clear and convincing evidence, that the governing body of the host county, and each participating county, as applicable, has satisfied all of the following requirements:

(1) The host county and each participating county in any regional agreement have achieved and sustained a reduction of at least 75 percent of the respective county's total annual solid waste stream requiring disposal, at least 55 percent of which shall be comprised of municipal tonnage, based on 1990 tonnage data for the county as compiled by the department, through 10 percent source reduction techniques and 65 percent recycling, or any combination thereof, excluding landfill disposal operations;

(2) The host county can certify that the construction, expansion, operation, or maintenance of a solid waste incinerator will not impair or impede the ability of the host county, or of any county participating in a regional agreement, to sustain a reduction of at least 75 percent of the respective county's total annual solid waste stream, at least 55 percent of which shall be comprised of municipal tonnage, based on 1990 tonnage data for the county as compiled by the department, through 10 percent source reduction techniques and 65 percent recycling, or any combination thereof, excluding landfill disposal operations;

(3) The host county can certify that the life cycle operation and maintenance expenses, capital costs, debt service, liability insurance costs, ash disposal costs, and potential remediation costs of a solid waste incinerator would be less than other alternative technologies or methods of solid waste disposal that may be available to the host county, excluding landfill disposal operations, when compared over equivalent time periods and applying the same economic assumptions;

(4) The host county can certify that it is not technologically or economically feasible to provide for the environmentally sound management of the solid waste remaining after the reduction of at least 75 percent of the county's total annual solid waste stream, at least 55 percent of which shall be comprised of municipal tonnage, based on 1990 tonnage data for the county as compiled by the department, through 10 percent source reduction techniques and 65 percent recycling, or any combination thereof, excluding landfill disposal operations;

(5) The host county can certify that the construction, expansion, operation, or maintenance of a solid waste incinerator within the county will not impair or impede the ability of the State to achieve and sustain a reduction of at least 75 percent of the State's total annual solid waste stream, at least 55 percent of which shall be comprised of municipal tonnage, based on 1990 tonnage data for the county as compiled by the department, through 10 percent source reduction techniques and 65 percent recycling, or any combination thereof, excluding landfill disposal operations;

(6) The host county can certify that the construction, operation, and maintenance of a solid waste incinerator, or expansion of an existing solid waste incinerator, is necessary because all existing operational solid waste incinerators in the State have achieved maximum permitted capacity under their respective permits, and measurable steps have been taken to reduce the toxicity and hazardous materials in solid waste requiring disposal; and

(7) The host county can certify that the construction, expansion, operation, or maintenance of a solid waste incinerator within the county will not harm public health or result in any adverse environmental impact, including a demonstration that the operation of the proposed facility will not increase existing levels of heavy metals and dioxin.

10. (New section) a. The provisions of section 9 of this act to the contrary notwithstanding, if a host county can demonstrate to the department that the host county is in compliance with the provisions of subsection b. of section 9 of this act prior to the first day of the fourth year following the effective date of this act, the department may issue any permit necessary for the financing, construction, expansion, ownership, operation, or maintenance of a solid waste incinerator provided that the department makes a preliminary written finding that: (1) the host county has met all of the relevant criteria set forth in subsection b. of section 9 of this act; and (2) the construction, expansion, operation, or maintenance of the solid waste incinerator will not result in a total statewide solid waste disposal capacity in excess of the disposal capacity required statewide after each county has reduced its total annual solid waste stream in accordance with subsection b. of section 4 of this act.

b. If the department makes a preliminary written finding pursuant to subsection a. of this section, the commissioner shall, within 60 days of the finding, conduct a public hearing at an appropriate location within the host county and provide for a 90-day public comment period. The department shall base any final determination on the public record. No permit, financing approval, or registration statement approval may be issued for the solid waste incinerator during the comment period.

11. (New section) The provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, prior to the first day of the fourth year following the effective date of this act, the department shall not issue any permits or approvals required by law for the construction or operation of a solid waste incinerator, and no person shall be permitted to finance, construct, own or operate a new solid waste incinerator, or expand an existing solid waste incinerator, until that person proposing to own or operate the solid waste incinerator has received a license approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133).

12. (New section) Each host county and, in the case of a regional agreement, each participating county, shall submit an annual report to the commissioner demonstrating compliance with subsection b. of section 9 of this act.

13. (New section) a. Within two years of the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in order to achieve the purposes and goals of this act, including the mandate concerning reduction of at least 75 percent of each county's total annual solid waste stream, at least 55 percent of which shall be comprised of municipal tonnage, based on 1990 tonnage data for the county as compiled by the department, through 10 percent source reduction techniques and 65 percent recycling, or any combination thereof, excluding landfill disposal operations, rules and regulations to prohibit the incineration, or disposal in a sanitary landfill facility of metal containers, chlorinated plastics, scrap iron, glass, plastic beverage containers, batteries, used tires, scrap corrugated cardboard, yard waste, vegetative waste, food waste, newsprint, office paper, mixed paper, and any other material deemed reusable, compostable, or recyclable by the department.

b. The department may expand the list of proscribed items to include any other material in the State's solid waste stream that is a source of cadmium, lead, dioxin, mercury, chlorine, or halogens or the removal of which would reduce the heavy metal content of residual ash resulting from the combustion of solid waste at a solid waste incinerator.

14. Section 17 of P.L.1975, c.326 (C.13:1E-26) is amended to read as follows:

17. a. Prior to the construction, acquisition, or operation of any solid waste facility in any [solid waste management] district pursuant to the adopted and approved district solid waste management plan therefor, the person proposing the construction, acquisition, or operation, in addition to preparing an environmental impact statement for the solid waste facility in such form as shall be required by the commissioner pursuant to the provisions of section 6 of P.L.1970, c.39 (C.13:1E-6), shall make or cause to be made any preliminary surveys, investigations, studies, borings, maps, plans, drawings, and estimates of costs and of revenues as the commissioner may deem necessary relating to the type of solid waste facility.

The results of the environmental impact statements, surveys, investigations, studies, borings, maps, plans, drawings, and estimates required by the commissioner shall be submitted to the commissioner for approval. No person may proceed to construct, acquire, or operate any solid waste facility without having first obtained the approval of the commissioner. Such approval shall be granted only if the commissioner determines that:

(1) The proposed construction, acquisition, or operation is consistent with the statewide solid waste management plan and adopted and approved district solid waste management plan of the [solid waste management] district within which the solid waste facility is to be located; and

(2) The proposed solid waste facility will be constructed or acquired, and operated, pursuant to the standards adopted [and promulgated] therefor by the department pursuant to the provisions of section 6 of P.L.1970, c.39 (C.13:1E-6).

b. In addition to the requirements of subsection a. of this section, no person shall commence construction of a resource recovery facility prior to the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133), unless such person has received a temporary license approved by the department pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135). The commissioner shall not approve the commencement of construction of a resource recovery facility unless the person proposing to own or operate the resource recovery facility has received a license approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133) or a temporary license approved by the department pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135).

c. In addition to the requirements of subsections a. and b. of this section, no person may commence construction of a resource recovery facility until the governing body of the county within which the resource recovery facility is to be located has satisfied the requirements of subsection b. of section 9 of P.L. , c. (C. ) (now before the Legislature as this bill). For the purposes of this subsection, "resource recovery facility" also means a solid waste incinerator as defined in section 3 of P.L. , c. (C. ) (now before the Legislature as this bill).

(cf: P.L.1991, c.269, s.16)

15. (New section) There is established in the Department of Environmental Protection a solid waste source reduction program. The purpose of this program is to formulate, implement, and coordinate measures to reduce the volume of solid waste in the State.

16. (New section) a. Each State department of the Executive Branch, office of the Legislative Branch, State authority, county, medical and educational institution receiving State funds, and each business with more than 500 employees shall submit to the commissioner, no later than January 1, 1994, a Source Reduction Plan that includes, but need not be limited to, provisions that:

(1) require the preparation of a waste audit;

(2) cap overall solid waste generation within five years at 1990 rates; and

(3) demonstrate a net reduction of 10 percent, by weight, through source reduction measures within five years.

b. The provisions of subsection a. of this section shall apply to businesses with more than 250 employees no later than January 1, 1995, and to businesses with more than 100 employees no later than January 1, 1996.

17. (New section) The department shall adopt a plan requiring each State department of the Executive Branch, the Legislative Branch, the Judicial Branch, and State authority to develop and implement policy guidelines for source reduction within procurement policy to result in a 25 percent decrease in waste generated through source reduction, including reducing the use of disposable products by 50% by July 1, 1995. Source reduction procurement policy shall include "life-time cost accounting" of the product or method. Each agency and authority shall submit to the Legislature by July 1, 1994, and annually thereafter, a report on the implementation of the plan including the expenses and savings, and reduction in tonnage of solid waste.

18. (New section) a. Each county shall adopt and implement a system of solid waste charges on a per container basis within each municipality in the county by January 1, 1994.

b. The pricing system may include cost identification and cost allocation.

c. Each county shall submit to the commissioner by July 1, 1994 a report evaluating implementation of a system of solid waste charges on a per container basis for non-recyclable materials within each municipality within the county.

19. (New section) The department shall develop a public education program on solid waste source reduction. The program shall include, but need not be limited to:

a. The promotion of packages and products that follow a hierarchy of: (1) eliminate packaging, (2) reduce excess packaging, (3) contain post-consumer recycled content, and (4) are recyclable;

b. The explanation of the environmental and health effects of non-compostable and non-recyclable packaging and products;

c. The discouragement of the use of packages that are not recyclable, difficult to recycle, made of virgin materials, or contain excessive amounts of material, or may have adverse environmental impacts when disposed of by incineration or landfilling;

d. The discouragement of the use of disposable products;

e. The discouragement of the use of disposable diapers;

f. The discouragement of the purchase of polystyrene consumer products;

g. The discouragement of the purchase of hazardous household products;

h. The encouragement of the reduction of office paper waste;

i. The encouragement of the reduction of "junk mail;" and

j. An explanation of the environmental and economic benefits of source reduction.

20. (New section) a. There is established in the Department of Environmental Protection the Solid Waste Source Reduction Advisory Board. The board shall consist of the Commissioner of the Department of Environmental Protection, ex officio, and nine public members appointed by the Governor with the advice and consent of the Senate. Of the public members on the board, four shall be representatives of businesses, recommended by business, industry or trade organizations; three from persons recommended by recognized environmental organizations; one from persons recommended by recognized consumer organizations; one from persons with experience in source reduction at the local government level, recommended by local government organizations.

Each of the public members shall be appointed for a term of three years, except that of the public members first appointed by the Governor, three shall serve for terms of three years, three shall serve for two years, and two shall serve for terms of one year. In the event that no recommendations for a particular category of membership are made to the Governor within three months of the effective date of P.L. , c. (C. )(now before the Legislature as this bill) in the case of initial appointments, or within 60 days of the date of the expiration of the term of office of any member or the occurence of any vacancy in the case of subsequent appointments, the Governor shall appoint as a member for the category of membership a person whom he believes will be representative thereof.

b. A majority of the membership of the board shall constitute a quorum for the transaction of board business. Action may be taken and motions adopted by the board at any meeting thereof by the affirmative vote of a majority of the members of the board present and voting.

c. The Governor shall appoint a chairperson and other officers as may be necessary from among the members of the board. Members of the board shall serve without compensation but the board may, within the limits of funds appropriated or otherwise made available to it for such purposes, reimburse its members for reasonable and necessary expenses incurred in the discharge of their official duties.

d. The board may:

(1) Review any matters submitted to it by the department concerning any aspect of the provisions or implementation of this act, and report its recommendations to the department and the Senate Environment Committee and the General Assembly Solid Waste Committee, or their designated successors;

(2) Review the implementation of this act and submit any recommendations for administrative or legislative changes it deems necessary to the department and the Senate Environment Committee and the General Assembly Solid Waste Committee, or their designated successors; and

(3) Hold periodic public hearings concerning source reduction techniques.

e. The board shall prepare and submit to the commissioner an annual report summarizing its activities and making any recommendations for legislative or administrative action it deems important.

21. (New section) On or after July 1, 1993, no person may produce, sell or distribute any product, packaging or material sold for resale, including high-grade bleached printing and writing paper, envelopes, and kraft paper, containing a "RECYCLABLE" emblem, label, or any identification as "RECYCLABLE" in the State except if the following criteria are met:

a. The product or packaging has an established collection system serving at least 75% of the residents of the State and is recycled at a minimum statewide recycling rate of 65% by July 1, 1994;

b. The packaging to which the emblem pertains can be recycled in its entirety excluding labels, stickers, adhesives, closures, and is free of any embellishment or closure that prevents recycling; and

c. The emblem or identification visibly differentiates between the recyclability of the packaging and the contents enclosed within the package.

22. (New section) On or after July 1, 1994, no person may produce, sell or distribute any product, packaging or material sold for resale, including high-grade printing and writing paper, envelopes, and kraft paper, containing a "RECYCLED" emblem, label, or any identification as "RECYCLED" except if the following criteria are met:

a. The product or packaging contains post-consumer waste material according to the following timetable:

1) a minimum of 35% post-consumer waste material after the effective date of this act;

2) a minimum of 50% post-consumer waste material after January 1, 1994;

3) a minimum of 65% post-consumer waste material after January 1, 1995;

4) a minimum of 75% post-consumer waste material after January 1, 1998; and

b. The emblem visibly differentiates between the recycled content of the packaging and the contents enclosed within the package.

23. (New section) On or after July 1, 1994, no person shall produce, sell or distribute any product, packaging or material, containing a "REUSABLE" emblem, label, or any identification as "REUSABLE" except if the following criteria are met:

a. The original product can be returned for refilling or reuse repeatedly in a program established by a manufacturer for reuse of the manufactured product a minimum of five times for the same purpose;

b. The product has an established statewide collection system as verified by the commissioner and has a statewide recycling rate of at least 60% by July 1, 1994; and

c. The emblem visibly differentiates between the reusability of the packaging and the contents enclosed within the package.

24. (New section) On or after July 1, 1994, no person shall produce, sell or distribute any product, packaging or material, containing a "COMPOSTABLE" emblem, label, or any identification as "COMPOSTABLE" except if the following criteria are met:

a. The product, packaging, or material has an established collection system in New Jersey and is composted at a statewide rate of 40% by July 1, 1994, and

b. It can be demonstrated that the material will decompose completely and safely into chemical elements.

25. (New section) Any manufacturer, vendor, or person wishing to identify a product with the "REUSABLE," "RECYCLABLE," "RECYCLED," or "COMPOSTABLE" emblem, label or other similar identification must file an application with the department 60 days before use of the emblem, label, or word in the State, and annually thereafter. The department shall adopt rules and regulations to establish the criteria and document compliance with the criteria established for each emblem, label, or other similar identification. If this documentation is not on file at the time of inspection by the department, it shall constitute a violation of this act.

26. (New section) a. On or after July 1, 1993, no plastic bagging may be produced, sold, used or distributed in the State except if the plastic bagging contains post-consumer waste material according to the following schedule and category:

plastic bagging greater than 1.0 mil in thickness:

10% post-consumer waste material after July 1, 1993

30% post-consumer waste material after July 1, 1996

50% post-consumer waste material after July 1, 2000;

plastic bagging less than 1.0 mil in thickness:

30% post-consumer waste material after July 1, 1996.

b. No later than July 1, 1995, and annually thereafter, each plastic manufacturer selling plastic bagging in the State shall submit to the commissioner a report indicating the amount of post-consumer waste material used in the manufacturing of the product during the previous calendar year. Any manufacturer who fails to submit the report required pursuant to this subsection shall be deemed to have failed to meet the percentages of post-consumer waste material established pursuant to this act and shall be in violation of this act.

27. (New section) a. On or after July 1, 1993, no telephone directory stock may be produced, sold, used or distributed in the State except if the telephone directory stock contains post-consumer waste material according to the following schedule:

10% post-consumer waste material after July 1, 1994

20% post-consumer waste material after July 1, 1996

30% post-consumer waste material after July 1, 1997

40% post-consumer waste material after July 1, 2000

b. No later than July 1, 1994, and annually thereafter, each directory publisher shall submit to the commissioner a report indicating the post-consumer waste content of directories published and distributed within the State the previous calendar year. Any directory publisher who fails to submit the report required pursuant to this subsection shall be deemed to have failed to meet the percentages of post-consumer waste content required pursuant to this act and shall be in violation of this act.

28. (New section) a. On or after July 1, 1993, no newsprint may be produced, sold, used or distributed in the State except if the newsprint contains post-consumer waste material according to the following schedule:

10% post-consumer waste material after July 1, 1994

30% post-consumer waste material after July 1, 1995

40% post-consumer waste material after July 1, 1997

50% post-consumer waste material after July 1, 2000

b. No later than July 1, 1994, and annually thereafter, each newspaper publisher shall submit to the commissioner a report indicating the amount of post-consumer waste content incorporated into the newspaper. Any newspaper publisher who fails to submit the report required pursuant to this subsection shall be deemed to have failed to meet the post-consumer waste content requirements of this section and shall be in violation of this act.

29. (New section) a. On or after July 1, 1993, no high grade printing and writing papers may be produced, sold, used or distributed in the State except if the high grade printing and writing papers contain post-consumer waste material according to the following schedule:

30% post-consumer waste material after July 1, 1995

40% post-consumer waste material after July 1, 1997

50% post-consumer waste material after July 1, 2000

b. No later than July 1, 1996, and annually thereafter, each manufacturer of high grade bleached printing and writing papers shall submit to the commissioner a report indicating the amount of post-consumer waste material incorporated into the product. Any manufacturer who fails to submit the report required pursuant to this subsection shall be deemed to have failed to meet the post-consumer waste content requirements of this section and shall be in violation of this act.

30. (New section) On or after July 1, 1994, no person shall sell, offer for sale, or offer for promotional purposes any of the following:

a. multilayered or aseptic packaging that is not recyclable; or

b. disposable polystyrene food and beverage containers or covers that are not recyclable.

31. (New section) The commissioner may exempt an item, product, material, or type of packaging from the requirements of this act, upon written documentation by an applicant for an exemption demonstrating that the item or type of packaging has no acceptable alternative and that imposing the requirements on that item, product, material, or type of packaging would cause undue hardship except that the provisions of this act shall not be deemed to apply to disposable products or packaging necessary for health care, safety, sanitation, or related health, veterinary, medical, or scientific research.

32. (New section) Any municipality or county may apply to the commissioner for technical assistance grants for the purposes of this act, including, but not limited to: funding for source reduction plans; backyard composting education and implementation, designing, implementing and education for a system of solid waste charges on a per container basis, source reduction education; waste reduction research, development, and education. An application for funds pursuant to this section shall include such information required by the department, adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

33. Section 5 of P.L.1981, c.278 (C.13:1E-96) is amended to read as follows:

5. a. The State Recycling and Source Reduction Fund (hereinafter referred to as the "fund") is established as a nonlapsing, revolving fund. The fund shall be administered by the Department of Environmental Protection, and shall be credited with all tax revenue collected by the division pursuant to section 4 of P.L.1981, c.278 (C.13:1E-95). Interest received on moneys in the fund and sums received as repayment of principal and interest on outstanding loans made from the fund shall be credited to the fund. The Department of Environmental Protection, in the administration of the fund, is authorized to assign to the New Jersey Economic Development Authority the responsibility for making credit evaluations of applicants for loans, for servicing loans on behalf of the department, and, the provisions of any other law to the contrary notwithstanding, for making recommendations as to the approval or denial of loans pursuant to this section. The department is further authorized to pay or reimburse the authority in the amounts as the department agrees are appropriate for all services rendered by the authority in connection with any assignment of responsibility under the terms of this section out of moneys held in the fund for loans and the loan guarantee program.

b. Moneys in the fund shall be allocated and used for the following purposes and no others:

(1) Not less than 40% of the estimated annual balance of the fund shall be used for the annual expenses of a program for recycling grants and source reduction grants to municipalities or counties in those instances where a county, at its own expense, provides for the collection, processing and marketing of recyclable materials on a regional basis. The amount of these grants shall be calculated on the basis of the total number of tons of recyclable materials annually recycled from residential, commercial and institutional sources within that municipality, or group of municipalities in the case of a county recycling program, except that no such grant shall exceed $10.00 per ton of materials recycled. The department may allocate a portion of these grant moneys as bonus grants to municipalities and counties in those instances where a municipality or county, at its own expense, provides for the collection of recyclable materials in its recycling program. The department shall announce each year the total amount of moneys available in the bonus grant fund.

A municipality may distribute a portion of its grant moneys to nonprofit groups that are located within that municipality and which have contributed to the receipt of the recycling grant, except that this distribution shall not exceed the value of approved documented tonnage contributed by a nonprofit group.

A municipality may designate any nonprofit group as a recycling agent. A recycling agent shall receive that part of the municipality's recycling grant under this subsection that represents the percentage of the grant received by the municipality due to the documented tonnage contributed by that recycling agent. Moneys received by a recycling agent shall be expended only for its recycling program. Any moneys not used for recycling shall be returned by the recycling agent to the municipality.

To be eligible for a grant pursuant to this subsection, a municipality or county in the case of a county recycling program shall demonstrate that the materials recycled by the municipal or county recycling program were not diverted from a commercial recycling program already in existence on the effective date of the ordinance or resolution establishing the municipal or county recycling program.

No recycling grant to any municipality shall be used for constructing or operating any facility for the baling of wastepaper or for the shearing, baling or shredding of ferrous or nonferrous materials;

(2) Not less than 35% of the estimated annual balance of the fund shall be used to provide low interest loans or loan guarantees to recycling businesses and industries, and to provide moneys for research into collection, market stimulation and reuse techniques applicable to recycling or the disposition of recyclable materials, or to contract for market studies, and to establish a sufficient reserve for a loan guarantee program for recycling businesses and industries;

(3) Not more than [7%]4% of the estimated annual balance of the fund shall be used for State source reduction program planning and program funding and 3% shall be used for State recycling program planning and program funding, including the administrative expenses thereof;

(4) Not more than 8% of the estimated annual balance of the fund shall be used for county recycling and source reduction program planning and program funding, including the administrative expenses thereof; and

(5) Not less than [10%]5% of the estimated annual balance of the fund shall be used for a public information and education program concerning recycling activities and 5% for a public information and education program concerning source reduction.

(cf: P.L.1990, c.117, s.1)

34. (New section) The department may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative Procedure Act" P.L.1968, c.410 (52:14B-1 et seq.), establish and charge reasonable fees for any of the services to be performed or rendered in connection with the implementation of this act, and for the costs of compliance monitoring and administration. The fee schedule shall reasonably reflect the duration or complexity of the specific service performed or rendered, information reviewed, or inspection conducted. All fees collected pursuant to this section shall be deposited in the State Recycling and Source Reduction Fund, established pursuant to section 5 of P.L.1981, c.278.

35. (New section) If the department determines that a county has failed to carry out its responsibilities pursuant to this act, the department shall not consider requests from that county for grants or loans from the "State Recycling and Source Reduction Fund," the "Resource Recovery Investment Tax Fund" or the "Solid Waste Services Tax Fund."

36. (New section) a. Any person convicted of a violation of this act shall be subject to the penalties provided in section 9 of P.L.1970, c.39 (C.13:1E-9).

b. The commissioner may revoke or suspend the operating permits for any solid waste incinerator whose owner or operator violates the provisions of this act.

c. A manufacturer, vendor or person found to be in violation of sections 25, 26, 27, 28, or 29 of this act shall be subject to a suspension of the sale or distribution of its product.

37. (New section) The department shall have the right to enter, inspect materials, or review products, at any time during normal business hours, and upon presentation of appropriate credentials, at any retail, wholesale, food establishment, manufacturing or distribution facility where any material or material category itemized in this act are produced, sold, or distributed in order to determine compliance with the provisions of this act.

38. (New section) The department shall adopt, within 12 months of the effective date of this act and pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary to implement the provisions of this act.

39. (New section) This act shall not supersede any municipal, county, or federal law regulating materials or any material category in a more stringent manner than this act.

40. This act shall take effect immediately.

STATEMENT

This bill prohibits the financing, permitting, or construction of new solid waste incinerators, or expansion of existing solid waste incinerators, for three years. The prohibition includes any proposed solid waste incinerator currently undergoing project review, any approved solid waste incinerator currently under construction, and any proposed expansion of an existing solid waste incinerator in operation as of the enactment date of the bill. The bill seeks to encourage reduction in the volume of solid waste, through source reduction, reuse, composting, and recycling, as the primary method of solid waste management in the State.

Upon expiration of the three-year period, no person will be issued any permits or approvals required by law, or otherwise be permitted, to finance, construct, own, or operate a new solid waste incinerator, or expand an existing solid waste incinerator, unless that person has received an "A-901" license approved by the Department of Environmental Protection pursuant to P.L.1983, c.392 (C.13:1E-126 et seq.), and the host county demonstrates to the satisfaction of the department that the following requirements have been met:

(1) The host county and each participating county in any regional agreement have achieved and sustained a reduction of at least 75 percent of the respective county's total annual solid waste stream, 55 percent of which must be municipal tonnage only, based on 1990 tonnage data for the respective county as compiled by the department, through source reduction, reuse, composting, or recycling, or any combination thereof, excluding landfill disposal operations;

(2) The host county can certify that the construction, operation, and maintenance of a solid waste incinerator, or expansion of an existing solid waste incinerator, will not impair or impede the ability of the host county, or of any county participating in a regional agreement, to sustain a reduction of at least 75 percent of the respective county's total annual solid waste stream, 55 percent of which must be municipal tonnage only, based on 1990 tonnage data for the respective county as compiled by the department, through source reduction, reuse, composting, or recycling, or any combination thereof, excluding landfill disposal operations;

(3) The host county can certify that the long-term operation and maintenance expenses, capital costs, debt service, liability insurance costs, and potential remediation costs of a solid waste incinerator would be less costly than other alternative technologies or methods of solid waste disposal that may be available to the host county, excluding landfill disposal operations;

(4) The host county can certify that it is not practical or feasible to provide for the environmentally sound management of the solid waste remaining after the reduction of at least 75 percent of the county's total annual solid waste stream, 55 percent of which must be municipal tonnage only, based on 1990 tonnage data for the county as compiled by the department, through source reduction, reuse, composting, or recycling, or any combination thereof, excluding landfill disposal operations;

(5) The host county can certify that the construction, operation, and maintenance of a solid waste incinerator, or expansion of an existing solid waste incinerator, within the county will not impair or impede the ability of the State to achieve and sustain a reduction of at least 75 percent of the State's total annual solid waste stream, 55 percent of which must be municipal tonnage only, based on 1990 tonnage data for the State as compiled by the department, through source reduction, reuse, composting, or recycling, or any combination thereof, excluding landfill disposal operations;

(7) The host county can certify that the construction, expansion, operation, or maintenance of a solid waste incinerator within the county will not harm public health or result in any adverse environmental impact, including a demonstration that the operationof the proposed facility will not increase existing levels of heavy metals and dioxin.

The department may, prior to the completion of the three-year period, issue any permit necessary for the financing, construction, expansion, ownership, operation, or maintenance of a solid waste incinerator if the department makes a written finding that the host county has met all of the relevant criteria set forth in paragraphs (1) through (7) above, and the construction, expansion, operation, or maintenance of the solid waste incinerator will not create a statewide disposal capacity in excess of the capacity required statewide.

In addition, the bill requires every county to provide, not later than the first day of the fourth year following the enactment of the bill, for the reduction of at least 75 percent of its total annual solid waste stream requiring disposal, 55 percent of which must be municipal tonnage only, based on 1990 tonnage data for the county as compiled by the department, through source reduction, reuse, composting, or recycling, or any combination thereof, and excluding landfill disposal operations. Every county will also be required by that date to provide for the environmentally-sound disposal, source reduction, reuse, composting, or recycling of solid waste generated within its boundaries at a solid waste facility located within the State except if a county seeking to transport municipal solid waste out-of-state demonstrates to the satisfaction of the Department of Environmental Protection that the county has made a good faith effort to provide for the in-State disposal of solid waste generated within the county.

The bill requires the department, in order to achieve the purposes and goals of this act, including the mandate concerning reduction of at least 75 percent of each county's total annual solid waste stream, 55 percent of which must be municipal tonnage only, to adopt rules and regulations to prohibit the incineration or disposal in a sanitary landfill facility of metal containers, chlorinated plastics, scrap iron, glass, plastic beverage containers, batteries, used tires, scrap corrugated cardboard, yard waste, vegetative waste, food waste, newsprint, office paper, mixed paper, and any other material deemed reusable, compostable, or recyclable by the department. The department may expand the list of proscribed items to any other waste material in the solid waste stream that is a source of cadmium, lead, dioxin, or mercury, chlorine or halogens or the removal of which would reduce the heavy metal content of residual ash resulting from the combustion of solid waste at a solid waste incinerator.

The bill requires each host county for a solid waste incinerator and, in the case of a regional agreement, each participating county, to submit an annual report to the commissioner demonstrating compliance with all of the relevant criteria set forth in paragraphs (1) through (7) above.

The bill also mandates steps designed to reduce the Statewide generation of solid waste. As recommended by the Governor's Emergency Solid Waste Assessment Task Force, the bill would establish a solid waste source reduction program and a Solid Waste Source Reduction Advisory Board. The bill would prohibit, as of July 1, 1994, any product or packaging from being identified or labeled with the terms "recyclable," "recycled," "reusable" or "compostable" unless specific standards are met. The bill would also mandate an increasing minimum content of post-consumer waste for plastic bagging, telephone directories, newsprint, and high grade paper.

The bill requires the preparation of source reduction plans by counties, State agencies, and large manufacturers. The bill requires the reduction in the use of disposable products by the State. The bill would require counties to implement a system of solid waste charges on a per container basis (also known as "volume-based collection") within each municipality within the county. Finally, the bill also mandates a public education solid waste source reduction program.

The "County and Municipal Waste Reduction Act."