A50 ACS

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 50

STATE OF NEW JERSEY

ADOPTED JUNE 12, 1997

Sponsored by Assemblymen GIBSON, Kramer, Bucco, Cottrell, Assemblywoman Bark, Assemblymen Roberts, LeFevre and Blee

An Act concerning solid waste management, and amending, supplementing and repealing parts of the statutory law.

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

1. (New section) Sections 1 through 21 and 131 and 132 of P.L. , c. (C.13:1E-208 through 13:1E-228 and 13:1E-229 and 13:1E-230) (pending in the Legislature as this bill) shall be known and may be cited as the "Solid Waste Management and Environmental Investment Cost Recovery Act."

2. (New section) The Legislature finds and declares that in response to the need to protect and enhance the quality of the State's environment, and to provide for the environmentally-sound and proper collection, recycling and disposal of solid waste, the Legislature made a determination over a quarter-century ago that these goals would be best achieved through the development of a comprehensive Statewide solid waste management strategy; that in furtherance of these environmental goals and policies, and to provide for a regulatory framework for the implementation thereof on a Statewide basis, the Legislature enacted the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), which designated every county and the Hackensack Meadowlands District as a solid waste management district for planning and implementation purposes and required each county, or a public authority designated by the governing body of the county, to develop, adopt and implement a district solid waste management plan for the collection, disposal or recycling of solid waste generated within its geographic boundaries.

The Legislature further finds and declares that in furtherance of this State mandate, each county or public authority has entered into contracts, acquired real and personal property, incurred administrative and other operating expenses, and issued debt obligations, and the Department of Environmental Protection has issued waste flow orders requiring constituent municipalities and local haulers to use designated in-county solid waste facilities for solid waste processing or disposal, all in furtherance of district solid waste management plan implementation.

The Legislature further finds and declares that the ability of each county or public authority to fulfill its lawful responsibilities with respect to district solid waste management plan implementation, including the ability to raise revenues sufficient to provide funds for payment of the costs of developing self-sufficient solid waste management systems, has been predicated on its legal authority to direct the flow of solid waste generated within the geographic boundaries of the county to designated solid waste facilities, thereby ensuring the economic viability of these facilities; and that waste flow control by counties and public authorities has been supported by statute, rules and regulations adopted by the Department of Environmental Protection and franchises awarded by the Board of Public Utilities, and was upheld as a valid exercise of State power by the federal courts in J. Filberto Sanitation, Inc. v. New Jersey Dept. of Envtl. Protection.

The Legislature further finds and declares that in the case of C & A Carbone, Inc. v. Town of Clarkstown, N.Y. the U.S. Supreme Court held that the challenged ordinance, which mandated that haulers use the facility designated by the town for solid waste processing and disposal, impermissibly discriminated against interstate commerce in violation of the U.S. Constitution; that the holding in Carbone was subsequently interpreted by the appellate court in Atlantic Coast Demolition & Recycling, Inc., et al. v. Board of Chosen Freeholders of Atlantic County et al. to require reversal of the prior ruling in J. Filberto Sanitation; on July 15, 1996, the U.S. District Court for the district of New Jersey in its Atlantic Coast decision invalidated New Jersey's waste flow rules to the extent that they discriminate against interstate commerce; and that on May 1, 1997, the U.S. Court of Appeals in its second Atlantic Coast decision affirmed the district court's findings that New Jersey's waste flow laws, rules and regulations are unconstitutional insofar as they discriminate against out-of-state solid waste facilities, while rejecting its two-year post-appeal stay, thereby affording the State, counties and public authorities a limited interval within which to implement a constitutionally acceptable system for solid waste management.

The Legislature further finds that in the Waste Management of Pennsylvania, Inc. v. Shinn decision, the U.S. District Court for the district of New Jersey determined that the self-sufficiency goals used by the Department of Environmental Protection in the evaluation of contracts for long-term disposal of the State's solid waste impermissibly discriminated against interstate commerce in violation of the U.S. Constitution.

The Legislature further finds and declares that counties and public authorities must be able, under all circumstances, to collect revenues sufficient to recover the environmental investment costs incurred in developing and implementing State-mandated district solid waste management plans, whether through the acquisition, construction and operation of solid waste facilities or through execution of interdistrict agreements or implementation of solid waste disposal or recycling programs.

The Legislature further finds and declares that the State must maintain its commitment to the recycling of waste materials by continuing to enforce the implementation of the district recycling plans required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) and the other county and municipal recycling program requirements of the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et seq.) and expanding programs for the source separation, collection, marketing, recycling, and beneficial reuse of waste materials generated in this State.

The Legislature therefore determines that it is the public policy of the State of New Jersey to authorize and empower every county and public authority to establish and implement a program to recover the environmental investment costs associated with developing and implementing solid waste management systems, including debt service on bonds, or payment for solid waste disposal or recycling services under lawfully executed contracts or agreements; and that it is necessary to revise the solid waste management statutes to reflect these changes, all as hereinafter provided.

3. (New section) As used in sections 1 through 21 and 131 and 132 of P.L. , c. (C.13:1E-208 through 13:1E-228 and 13:1E-229 and 13:1E-230) (pending in the Legislature as this bill):

“Business concern” means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization.

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

"Constituent municipality" means any municipality located within the territorial boundaries of a county; any municipality located within the territorial boundaries of a county that has created a public authority; any municipality included within the jurisdiction of a public authority pursuant to law; or any combination thereof.

"Cost" means, in addition to the usual connotations thereof, any expenses related to: (1) the planning, acquisition or construction of solid waste facilities, including debt service on bonds issued prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects, or debt service on bonds associated with a refinancing of bonds issued prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects; (2) the fulfillment of interdistrict agreements or lawfully executed solid waste disposal contracts; (3) the establishment and implementation of solid waste management programs adopted prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill); (4) the payment of solid waste taxes or other payments mandated by State law, rule, directive or order; or (5) the payment of host municipality benefits. As used herein, "cost" shall not include the debt service on the unexpended balance of bond proceeds on bonds or refinancing bonds authorized but not expended prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill).

"Department" means the Department of Environmental Protection.

"District" means a solid waste management district as designated by section 10 of P.L.1975, c.326 (C.13:1E-19).

"District solid waste facility" means a solid waste facility that is designated by a public authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate.

"Environmental investments" means any: (1) solid waste facilities; (2) solid waste management programs; (3) obligation to fulfill interdistrict agreements or lawfully executed solid waste disposal contracts; (4) obligation to pay solid waste taxes or other payments mandated by State law, rule, directive or order; or (5) obligation to pay host municipality benefits.

"Environmental investment charges" means the rates, fees or other charges imposed and collected by a public authority or county for the payment of environmental investment costs.

"Environmental investment costs" means the cost of environmental investments.

"Host municipality benefits" means the payment of annual economic benefits made to host municipalities required pursuant to section 19 of P.L.1975, c.326 (C.13:1E-28), section 2 of P.L.1987, c.449 (C.13:1E-28.1), P.L.1994, c.27 (C.13:1E-28.3) or section 40 of P.L.1985, c.38 (C.48:13A-5.1).

"Interdistrict agreement" means a contract or agreement entered into between the concerned boards of chosen freeholders, the Hackensack Commission, any person, public authority, or any combination thereof, for the shared use of district solid waste facilities.

"Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.

"Municipal solid waste services agreement" means a contract or agreement entered into between any person, public authority or county and a municipal governing body for the use of a district solid waste facility by the municipality for the disposal of solid waste generated within its municipal boundaries.

"Person” means any individual or business concern.

"Public authority" means a municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); a county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.); a pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.); or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law.

"Qualified vendor" means a person that has been awarded a contract for the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility, or for the provision of resource recovery services, which contract has been approved pursuant to section 28 of P.L.1985, c.38 (C.13:1E-163); or a person that has been awarded a contract pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) or any other contracting procedure permitted by law for the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility, or for the provision of resource recovery services.

"Recyclable material" means those materials which would otherwise become solid waste, and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

"Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

"Regular solid waste collection service" means the scheduled pick-up and removal of solid waste from a source of generation within the boundaries of any municipality at least once a week.

"Resource recovery facility" 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; or a mechanized composting facility, or any other solid waste facility.

“Resource recovery services” means any services provided by the owner or operator of a resource recovery facility, including but not limited to, solid waste disposal; the utilization of a resource recovery facility for the disposal of out-of-county solid waste; the disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility; the utilization of a sanitary landfill facility for the disposal of solid waste due to downtime or technical failure at a resource recovery facility; or any combination thereof.

"Responsible solid waste generator" means any property owner, tenant or occupant of any single-family residential dwelling or multi-family multiple dwelling, or the owner, tenant or occupant of any industrial, commercial or institutional building or structure located within the boundaries of any municipality, who generates solid waste at those premises.

"Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.

"Solid waste collector" means a person engaged in the collection of solid waste and registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5).

"Solid waste container" means a receptacle, container or bag suitable for the depositing of solid waste.

"Solid waste disposal" means the storage, treatment, utilization, processing, or final disposal of solid waste.

"Solid waste facilities" means, and includes, the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

"Solid waste management program" means any program established by, or on behalf of, a public authority or county for sanitary landfill facility closure, enforcement, household hazardous waste management, recycling or other purposes related to the implementation of 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.) or a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13).

"Solid waste taxes" means the taxes imposed pursuant to section 5 of P.L.1981, c.306 (C.13:1E-104) or section 3 of P.L.1985, c.38 (C.13:1E-138).

"Source separated recyclable materials" means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

4. (New section) Any municipality may provide for the collection or disposal of all nonhazardous solid waste or any portion thereof generated within its municipal boundaries.

a. A municipal governing body, in its discretion, may:

(1) Establish and operate a municipal service system for solid waste collection;

(2) Enter into a contract for regular solid waste collection service with a solid waste collector pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(3) Permit responsible solid waste generators to contract for regular solid waste collection service on an individual basis with a solid waste collector; or

(4) Any combination thereof.

b. A municipal governing body, in its discretion, may:

(1) Enter into a municipal solid waste services agreement with any person, public authority or county that owns or operates a district solid waste facility pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(2) Enter into a contract for the collection or disposal of solid waste with any person lawfully engaged in solid waste collection or solid waste disposal pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(3) Permit responsible solid waste generators to contract for the disposal of solid waste on an individual basis with any person, public authority or county lawfully engaged in solid waste disposal;

(4) Permit responsible solid waste generators to directly transport the solid waste generated at their premises for disposal at a specified solid waste facility or designated out-of-state disposal site; or

(5) Any combination thereof.

5. (New section) a. A municipal governing body may establish and operate a municipal service system for solid waste collection.

(1) In the case of single-family residential housing, the municipal service system shall include the provision of regular solid waste collection service;

(2) In the case of multi-family residential housing, the municipal service system may include the provision of regular solid waste collection service;

(3) In the case of any other source of generation within the boundaries of the municipality, the municipal service system may:

(a) include the provision of regular solid waste collection service;

(b) permit the responsible solid waste generator to contract with a solid waste collector on an individual basis for regular solid waste collection service; or

(c) permit responsible solid waste generators to directly transport the solid waste generated at their premises for disposal at a specified solid waste facility or designated out-of-state disposal site.

A municipal governing body that establishes a municipal service system for solid waste collection shall adopt a municipal service ordinance.

b. Every municipal service ordinance, as appropriate, shall:

(1) Specify the district solid waste facility to be utilized by the municipality for the disposal of solid waste pursuant to the terms and conditions of a municipal solid waste services agreement entered into pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(2) Specify the solid waste facility or designated out-of-state disposal site to be utilized by the municipality for the disposal of solid waste pursuant to the terms and conditions of a contract entered into pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(3) Submit evidence satisfactory to the department that the designated disposal site is permitted by the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal and is in compliance with all relevant Federal or state laws, rules or regulations;

(4) Publish a consolidated schedule of the rates, fees or charges to be charged by the municipality for solid waste collection, including a separate section for:

(a) the rates, fees or charges to be charged by the municipality for regular solid waste collection service;

(b) the solid waste charges received at the district solid waste facility or other solid waste facility for solid waste disposal, including any portion of the rates, fees or charges allocated for environmental investment charges; or

(5) Specify the portion of municipal property taxes allocated for the payment of the rates, fees or charges for solid waste collection or solid waste disposal, or otherwise provide for the manner of payment of the rates, fees or charges for solid waste collection or solid waste disposal.

c. Every municipal service ordinance shall include:

(1) In the case of single-family residential housing, a requirement that the responsible solid waste generator place solid waste generated at those premises in solid waste containers for collection in the manner provided by the ordinance;

(2) In the case of multi-family residential housing, as appropriate, a requirement that the responsible solid waste generator place solid waste generated at those premises in solid waste containers for collection in the manner provided by the ordinance; and

(3) In the case of any other source of generation within the boundaries of the municipality, a requirement that the responsible solid waste generator place solid waste generated at those premises in solid waste containers for collection in the manner provided by the ordinance.

d. A municipal governing body may exempt the owner, tenant or occupant of any multi-family residential housing, industrial, commercial or institutional building or structure from the provisions of the municipal service ordinance as provided in subsection c. of this section.

6. (New section) a. A municipal governing body may establish a municipal contract system for solid waste collection by entering into a contract for regular solid waste collection service with a solid waste collector pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

(1) In the case of single-family residential housing, the municipal contract system shall include the provision of regular solid waste collection service;

(2) In the case of multi-family residential housing, the municipal contract system may include the provision of regular solid waste collection service;

(3) In the case of any other source of generation within the boundaries of the municipality, the municipal contract system may:

(a) include the provision of regular solid waste collection service;

(b) permit the responsible solid waste generator to contract with a solid waste collector on an individual basis for regular solid waste collection service; or

A municipal governing body that establishes a municipal contract system for solid waste collection shall adopt a municipal contract ordinance.

b. Every municipal contract ordinance, as appropriate, shall:

(1) Specify the district solid waste facility to be utilized by the solid waste collector for solid waste disposal pursuant to the terms and conditions of a municipal solid waste services agreement entered into pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(2) Specify the solid waste facility or designated out-of-state disposal site to be utilized by the solid waste collector for the disposal of solid waste pursuant to the terms and conditions of a contract entered into pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

(3) Require the solid waste collector to submit evidence satisfactory to the department that the designated disposal site is permitted by the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal and is in compliance with all relevant Federal or state laws, rules or regulations;

(4) Provide for the publishing of a consolidated schedule of the rates, fees or charges to be charged by the solid waste collector, including a separate section for:

(a) the rates, fees or charges to be charged for regular solid waste collection service;

c. Every municipal contract ordinance shall include:

d. A municipal governing body may exempt the owner, tenant or occupant of any multi-family residential housing, industrial, commercial or institutional building or structure from the provisions of the municipal contract ordinance as provided in subsection c. of this section.

7. (New section) a. A solid waste collector shall not engage in private solid waste collection services within the boundaries of any municipality except upon the consent of the municipal governing body. The municipal governing body may establish and charge reasonable fees in connection with permitting solid waste collectors to engage in private solid waste collection services within its municipal boundaries, provided that any fees to be charged for such municipal consent shall reflect solely the administrative costs of the municipal governing body therefor.

Any municipal governing body that permits solid waste collectors to engage in private solid waste collection services within its municipal boundaries shall submit, at least once every twelve months, a report to the department related to the identity of every person engaging in solid waste collection activities within the municipality.

b. As a condition of municipal consent to engage in private solid waste collection services within its municipal boundaries, the municipal governing body may require any solid waste collector providing regular solid waste collection service to responsible solid waste generators on an individual basis within the municipality to assist the municipal governing body in the collection of environmental investment charges.

c. As a condition of municipal consent to engage in private solid waste collection services within its municipal boundaries, the municipal governing body may require any solid waste collector providing regular solid waste collection service to responsible solid waste generators on an individual basis within the municipality to transport every truckload or roll-off container of solid waste collected within the municipality to the district solid waste facility located within the county wherein the solid waste was generated for weighing and inspection, provided that the solid waste collector is not utilizing that district solid waste facility for solid waste disposal and the public authority or county has requested the municipal governing body to do so, prior to transporting the load of solid waste to the out-of-county solid waste facility or designated out-of-state disposal site to be utilized by the solid waste collector for solid waste disposal.

(1) The public authority or county is authorized to establish and enforce procedures to determine the gross and net tare weight of all vehicles transporting solid waste generated within the county to out-of-county solid waste facilities or designated out-of-state disposal sites for solid waste disposal. The owner or operator of the district solid waste facility to be utilized by a solid waste collector to fulfill the weighing and inspection requirements of this subsection shall maintain a monthly record of the weight and vehicle information for the solid waste weighed and inspected at the district solid waste facility. This information shall be forwarded to the department and the relevant municipal governing body on a monthly basis and shall be made available by the department for public inspection.

(2) The weight information provided pursuant to this subsection may be used to assist the public authority or county in determining the aggregate amount of solid waste disposed of from all sources of generation within a constituent municipality, as measured in tons, for the purposes of calculating, charging and collecting environmental investment charges.

8. (New section) A municipal governing body may enter into a municipal solid waste services agreement with any person, public authority or county that owns or operates a district solid waste facility pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

a. Every municipal solid waste services agreement shall include, but need not be limited to, provisions concerning:

(1) The solid waste charges received at the district solid waste facility for solid waste disposal, including any portion of the rates, fees or charges allocated for environmental investment charges; and

(2) The formulas to be used to determine the solid waste charges for solid waste disposal, or environmental investment charges, and the methodology or methodologies used to develop these formulas.

b. Any municipal solid waste services agreement may include a provision authorizing the person, public authority or county to calculate, charge and collect differential solid waste charges for the solid waste accepted for disposal at the district solid waste facility from the constituent municipality, provided that the differential solid waste charges are to be calculated, charged and collected from the constituent municipality in lieu of the payment of environmental investment charges.

c. Any municipal solid waste services agreement may include optional arrangements for the provision of other solid waste management programs or services, including the collection, processing, disposition or marketing of source separated recyclable materials, or inclusion within a district household hazardous waste management program.

d. Prior to the implementation of a municipal solid waste services agreement, the municipal governing body shall notify all responsible solid waste generators and local solid waste collectors of the applicable provisions thereof. In order to fulfill the notification requirements of this subsection, the municipal governing body may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to local taxpayers, or any combination thereof, as the municipal governing body deems necessary and appropriate. The municipal solid waste services agreement may take effect 20 days thereafter.

e. A municipal governing body that has entered into a municipal solid waste services agreement shall submit a copy thereof to the department for public inspection.

The commissioner shall maintain on file in the department for public inspection a copy of any municipal solid waste services agreement received by the department pursuant to this subsection. The department shall provide a copy to any person upon request at a cost not to exceed the cost of reproduction.

9. (New section) a. As a condition of a contract for regular solid waste collection service entered into pursuant to section 6 of P.L. , c. (C. ) (pending in the Legislature as this bill), any municipal governing body that has negotiated a municipal solid waste services agreement pursuant to section 8 of P.L. , c. (C. )(pending in the Legislature as this bill) shall require the solid waste collector to utilize the district solid waste facility that has been selected by the municipality for the disposal of solid waste pursuant to the terms and conditions of the municipal solid waste services agreement.

b. As a condition of a contract for regular solid waste collection service entered into pursuant to section 6 of P.L. , c. (C. ) (pending in the Legislature as this bill), any municipal governing body that has entered into a contract for the use of a designated out-of-state disposal site pursuant to section 10 of P.L. , c. (C. ) (pending in the Legislature as this bill) shall require the solid waste collector to utilize the designated out-of-state disposal site that has been selected by the municipality for the disposal of solid waste pursuant to the provisions of the contract for solid waste disposal.

10. (New section) A municipal governing body may enter into a contract for solid waste disposal with any person lawfully providing solid waste disposal service pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

a. Every contract for the use of a designated out-of-state disposal site shall include, but need not be limited to, provisions concerning:

(1) The solid waste charges received at the designated out-of-state disposal site for solid waste disposal; and

(2) The formulas to be used to determine the charges, rates or fees to be charged for solid waste disposal services, and the methodology or methodologies used to develop these formulas.

b. Prior to the implementation of a contract for the use of a designated out-of-state disposal site, the municipal governing body shall notify all responsible solid waste generators and local solid waste collectors of the applicable provisions thereof. In order to fulfill the notification requirements of this subsection, the municipal governing body may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to local taxpayers, or any combination thereof, as the municipal governing body deems necessary and appropriate. The contract may take effect 20 days thereafter.

c. A municipal governing body that has entered into a contract for the use of a designated out-of-state disposal site shall submit a copy thereof to the department for public inspection.

The commissioner shall maintain on file in the department for public inspection a copy of any solid waste disposal contract received by the department pursuant to this subsection. The department shall provide a copy to any person upon request at a cost not to exceed the cost of reproduction.

11. (New section) a. The provisions of any other law to the contrary notwithstanding, every public authority and county is hereby authorized to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the public authority or county.

Environmental investment charges may be imposed and collected by a public authority or county: (1) as the environmental investment cost component of a consolidated bill comprised of solid waste disposal charges and environmental investment charges collected from users at the district solid waste facility; (2) as a separate bill to all previous users of the district solid waste facility; (3) as a separate bill to the constituent municipality or county for inclusion as an item in the municipal budget or county budget, or any combination thereof, for the payment of environmental investment costs; or (4) in any other manner reasonably established by the public authority or county.

b. Every public authority may enter into an agreement with the governing body of the county wherein the district solid waste facility is located providing for the assumption by the county of the responsibility for the collection of environmental investment charges.

c. Environmental investment charges may be collected by a public authority or county, without limitation, from:

(1) every responsible solid waste generator included within the jurisdiction of the public authority or county, regardless of whether a particular responsible solid waste generator utilizes the district solid waste facility for solid waste disposal, through the implementation of a unit charge based upon: (a) the average annual amount of solid waste generated by a particular responsible solid waste generator, as measured in tons or cubic yards, during the previous five years; (b) the average annual amount of solid waste accepted for disposal at the district solid waste facility from a particular responsible solid waste generator, as measured in tons or cubic yards, during the previous five years; or (c) any other criteria reasonably established by the public authority or county;

(2) every constituent municipality that utilizes or has previously utilized the district solid waste facility, through the implementation of an assessment against constituent municipalities based upon: (a) the average annual aggregate amount of solid waste generated within the boundaries of a particular constituent municipality from all sources of generation, as measured in tons or cubic yards, during the previous five years; (b) the average annual amount of solid waste accepted for disposal at the district solid waste facility from all sources of generation within the boundaries of a particular constituent municipality, as measured in tons or cubic yards, during the previous five years; or (c) any other criteria reasonably established by the public authority or county; or

(3) the county wherein the district solid waste facility is located, through the implementation of an assessment against the county based upon: (a) the average annual aggregate amount of solid waste generated within the boundaries of the county from all sources of generation, as measured in tons or cubic yards, during the previous five years; (b) the average annual amount of solid waste accepted for disposal at the district solid waste facility from all sources of generation within the boundaries of the county, as measured in tons or cubic yards, during the previous five years; or (c) any other criteria reasonably established by the public authority or county.

For the purposes of this subsection, "solid waste" means any nonhazardous solid waste derived from all sources of generation within a county or municipality, including Type 10 Municipal (commercial, household or institutional); Type 13 Bulky waste; Type 13C Construction and demolition waste; Type 23 Vegetative waste; Type 25 Animal and food processing wastes; and Type 27 Dry industrial waste, all as identified and defined in rules and regulations adopted by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.). As used herein, "Type 27 Dry industrial waste" shall not include the residue from the operations of a scrap metal shredding facility; and "scrap metal shredding facility" means a commercial industrial facility designed and operated for receiving, storing, processing and transferring scrap automobiles, appliances or other source separated, nonputrescible ferrous and nonferrous metals, which materials are purchased by the owner or operator thereof, and which are altered or reduced in volume or physical characteristics onsite by mechanical methods, including but not limited to baling, cutting, torching, crushing, or shredding, for the purposes of resale for remelting, refining, smelting or remanufacturing into raw materials or products.

d. A public authority or county that intends to establish a system for the collection of environmental investment charges shall hold a public hearing thereon at least 20 days after notice of the proposed system has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed system and the time and place of the public hearing in at least two newspapers of general circulation within the county.

(1) The publication shall include notice of the date, time and place of the public hearing, notice of the place at which written summaries of the proposed system will be available for public inspection, and the times during which such inspection will be permitted.

(2) At the public hearing, the public authority or county shall explain the proposed billing mechanism for the collection of environmental investment charges and shall answer questions raised by prospective payers, including responsible solid waste generators, constituent municipalities and other interested parties. The public authority or county shall identify and explain during the public hearing the environmental investment costs to be recovered through the imposition and collection of environmental investment charges.

(3) The public authority or county shall produce a verbatim record of the public hearing. The record of the public hearing shall be kept open for a period of seven days following the conclusion of the hearing, during which time interested parties may submit written statements to be included in the hearing report. The public authority or county shall prepare a written hearing report, which shall include a written summary of the proposed system, the verbatim record of the public hearing, written statements submitted by interested parties, and a statement prepared by the public authority or county summarizing the major issues raised at the public hearing and the public authority's or county governing body's specific responses to those issues. The public authority or county shall make copies of the hearing report available to interested parties, upon request, at a cost not to exceed the actual cost of printing or copying.

(4) The governing body of the public authority or county that intends to establish a system for the collection of environmental investment charges shall adopt a resolution establishing the proposed system. The resolution may be introduced at the first meeting of the governing body of the public authority or county held after the public hearing on the proposed system, and shall acknowledge that the law requires a public hearing to be held prior to the implementation of the system pursuant to the provisions of section 14 of P.L. , c. (C. ) (pending in the Legislature as this bill).

12. (New section) a. Every public authority, or county that has assumed responsibility for the collection of environmental investment charges, as appropriate, may negotiate agreements on the preferred billing mechanism for the collection of environmental investment charges with the governing body of each constituent municipality. To the maximum extent practicable, the public authority or county shall employ a standardized billing mechanism.

b. Every public authority, or county that has assumed responsibility for the collection of environmental investment charges, as appropriate, may negotiate agreements on the preferred billing mechanism for the collection of environmental investment charges with all responsible solid waste generators and, as appropriate, the governing body of the county.

c. Every public authority, or county that has assumed responsibility for the collection of environmental investment charges, as appropriate, shall, within six months of the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill), and at least once every twelve months thereafter, submit a report to the Local Finance Board related to environmental investment costs of the public authority or county. The report shall summarize individual schedules of outstanding debt related to the environmental investment costs incurred by the public authority or county, including the status of: installment requirements for the payment of interest and principal on bonds; plans to refund or refinance bonds; an updated environmental investment cost recovery analysis; proposed debt service coverage options; and any other information that the Local Finance Board may require.

13. (New section) a. The governing body of any constituent municipality may negotiate an agreement with the public authority, or county that has assumed responsibility for the collection of environmental investment charges, as appropriate, on the preferred billing mechanism for the collection of environmental investment charges, or establish and implement a separate billing mechanism for the collection of environmental investment charges. To the maximum extent practicable, the governing body of the constituent municipality and the public authority or county shall employ a standardized billing mechanism.

b. (1) The governing body of a constituent municipality may, by ordinance, determine the amount of money necessary for the collection of environmental investment charges. Thereupon, the ordinance shall provide that the amount so determined shall be assessed on the value of all taxable property within the constituent municipality and collected as taxes are collected and be controlled and expended by the constituent municipality for the purposes herein specified. The ordinance shall specify that any assessment made pursuant to this subsection is to be used solely to provide for the collection of environmental investment charges.

(2) The governing body of a constituent municipality adopting an ordinance pursuant to paragraph (1) of this subsection shall order and cause to be raised within the boundaries of the constituent municipality sufficient money to provide for the payment of environmental investment charges. The sum ordered to be raised shall be levied and collected at the same time and in the same manner as other municipal taxes, except that any tax levied and collected to provide for the payment of environmental investment charges shall appear as a separate item on the municipal tax bill. The collector shall pay the same to the chief fiscal officer of the constituent municipality, to be applied only to the purposes for which it is raised.

(3) All moneys assessed and levied pursuant to this subsection shall be a lien upon the land against which they are assessed in the same manner that taxes are made a lien against land pursuant to Title 54 of the Revised Statutes, and the payment thereof shall be enforced within the same time and in the same manner and by the same proceedings as the payment of taxes is otherwise provided under Title 54 of the Revised Statutes.

14. (New section) Upon the establishment of a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the public authority or county pursuant to section 11 of P.L. , c. (C. ) (pending in the Legislature as this bill), but prior to the implementation thereof, the public authority or county shall hold a public hearing thereon at least 20 days after notice of the proposed implementation has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed implementation and the time and place of the public hearing in at least two newspapers of general circulation within the county.

15. (New section) The provisions of any other law to the contrary notwithstanding, any person, public authority or county that entered into an interdistrict agreement with another public authority or county for the shared use of a district solid waste facility prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill) may provide for a reduction of the solid waste charges due and payable under the terms and conditions of the interdistrict agreement for the out-of-county solid waste accepted for disposal at the district solid waste facility from the sending public authority or county whenever the sending public authority or county agrees to the payment of environmental investment charges on a voluntary basis.

16. (New section) a. Environmental investment charges may be collected by a public authority or county from any responsible solid waste generator, constituent municipality or county enumerated in subsection c. of section 11 of P.L. , c. (C. ) (pending in the Legislature as this bill) and the relevant responsible solid waste generator, constituent municipality or county shall be liable for and shall pay the environmental investment charges to the public authority or county at the time when and place where the environmental investment charges are due and payable.

b. In the event that the environmental investment charges of a public authority or county with regard to any parcel of real property owned by any person shall not be paid as and when due, the unpaid balance thereof, and all interest accruing thereon, shall be a lien on the parcel. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee or other person except the lien of municipal taxes and shall be on a parity with and deemed equal to the lien on the parcel of the municipality wherein the parcel is situated for taxes thereon due in the same year and not paid as and when due. Whenever the environmental investment charges, and any interest accrued thereon, shall have been fully paid to the public authority or county, the lien shall be promptly withdrawn or canceled by the public authority or county.

The collector or other officer of every municipality charged by law with the duty of enforcing municipal liens on real property shall enforce, in the same manner as with any other municipal lien on real property in the municipality, all environmental investment charges and the lien thereof shown in any statement filed with the collector or officer by a public authority or county pursuant to the provisions of this subsection, and shall pay over to the public authority or county the sums or a pro rata share of the sums realized upon the enforcement or liquidation of any property acquired by the municipality by virtue of the enforcement action.

In the event that the environmental investment charges of a public authority or county shall not be paid as and when due, notwithstanding any other remedies available to the public authority or county, the unpaid balance thereof, and any interest accrued thereon, together with attorney's fees and costs, may be recovered by the public authority or county in a civil action, and any lien on real property for the environmental investment charges, and any interest accrued thereon, may be foreclosed or otherwise enforced by the public authority or county by action or suit in equity as for the foreclosure of a mortgage on the real property.

All rights and remedies provided in this subsection for the collection and enforcement of environmental investment charges shall be cumulative and concurrent.

17. (New section) Any public authority or county may establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established pursuant to section 11 of P.L. , c. (C. )(pending in the Legislature as this bill) for the collection of environmental investment charges, or the provisions of any interdistrict agreement, municipal solid waste services agreement, contract or instrument executed in connection with the implementation of a district solid waste management plan or use of any district solid waste facility.

18. (New section) Any public authority or county is authorized to exercise the enforcement powers conferred on local boards of health or county health departments pursuant to the provisions of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) and section 9 of P.L.1970, c.39 (C.13:1E-9), and may exercise these powers directly in the manner provided by the aforementioned acts to local boards of health or county health departments, for the purposes of enforcing the provisions of the system established pursuant to section 11 of P.L. , c. (C. )(pending in the Legislature as this bill) for the collection of environmental investment charges.

19. (New section) a. The provisions of any other law to the contrary notwithstanding, any person, public authority or county may enter into an interdistrict agreement with any other public authority or county for the shared use of a district solid waste facility. Any interdistrict agreement shall be reflected in the district solid waste management plan adopted by the boards of chosen freeholders of each county to be served under the terms and conditions of the proposed interdistrict agreement.

b. The provisions of any other law to the contrary notwithstanding, any county may negotiate with the owner or operator of a district solid waste facility pursuant to the provisions of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.) for the acquisition by purchase of an interest in real property and acquisition thereby of air rights for the disposal of solid waste generated within the boundaries of the county for a period not to exceed 20 years. After the acquisition by the county, the real property interest shall be recorded in the manner required by law.

20. (New section) A public authority or county shall provide public notice of any renegotiation of a contract previously awarded to a qualified vendor pursuant to the provisions of P.L.1985, c.38 (C.13:1E-136 et al.) for the use of a resource recovery facility or the provision of resource recovery services.

a. Upon the renegotiation of a contract previously awarded to a qualified vendor pursuant to the provisions of P.L.1985, c.38 (C.13:1E-136 et al.), but prior to the implementation thereof, the public authority or county shall notify all responsible solid waste generators within the boundaries of each county to be served under the terms and conditions of the renegotiated contract. In order to fulfill the notification requirements of this subsection, the public authority or county shall publish a notice for two consecutive weeks in at least one newspaper of general circulation in each county to be served under the terms and conditions of the renegotiated contract. The renegotiated contract may take effect 20 days thereafter.

b. Any public authority or county that has renegotiated a contract previously awarded to a qualified vendor pursuant to the provisions of P.L.1985, c.38 (C.13:1E-136 et al.) shall submit a copy thereof to the department for public inspection.

21. (New section) The commissioner shall maintain on file in the department for public inspection copies of any renegotiated contract received by the department pursuant to pursuant to the provisions of section 20 of P.L. , c. (C. ) (now before the Legislature as this bill). The department shall provide a copy of the renegotiated contract to any person upon request at a cost not to exceed the cost of reproduction.

22. Section 12 of P.L.1970, c.33 (C.13:1D-9) is amended to read as follows:

12. The department shall formulate comprehensive policies for the conservation of the natural resources of the State, the promotion of environmental protection and the prevention of pollution of the environment of the State. The department shall in addition to the powers and duties vested in it by this act or by any other law have the power to:

a. Conduct and supervise research programs for the purpose of determining the causes, effects and hazards to the environment and its ecology;

b. Conduct and supervise Statewide programs of education, including the preparation and distribution of information relating to conservation, environmental protection and ecology;

c. Require the registration of persons engaged in operations which may result in pollution of the environment and the filing of reports by them containing such information as the department may prescribe to be filed relative to pollution of the environment, all in accordance with applicable codes, rules or regulations established by the department;

d. Enter and inspect any building or place for the purpose of investigating an actual or suspected source of pollution of the environment and ascertaining compliance or noncompliance with any codes, rules and regulations of the department. Any information relating to secret processes concerning methods of manufacture or production, obtained in the course of such inspection, investigation or determination, shall be kept confidential, except this information shall be available to the department for use, when relevant, in any administrative or judicial proceedings undertaken to administer, implement, and enforce State environmental law, but shall remain subject only to those confidentiality protections otherwise afforded by federal law and by the specific State environmental laws and regulations that the department is administering, implementing and enforcing in that particular case or instance. In addition, this information shall be available upon request to the United States Government for use in administering, implementing, and enforcing federal environmental law, but shall remain subject to the confidentiality protection afforded by federal law. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing pollution of the environment;

e. Receive or initiate complaints of pollution of the environment, including thermal pollution, hold hearings in connection therewith and institute legal proceedings for the prevention of pollution of the environment and abatement of nuisances in connection therewith and shall have the authority to seek and obtain injunctive relief and the recovery of fines and penalties in summary proceedings in the Superior Court;

f. Prepare, administer and supervise Statewide, regional and local programs of conservation and environmental protection, giving due regard for the ecology of the varied areas of the State and the relationship thereof to the environment, and in connection therewith prepare and make available to appropriate agencies in the State technical information concerning conservation and environmental protection, cooperate with the Commissioner of Health in the preparation and distribution of environmental protection and health bulletins for the purpose of educating the public, and cooperate with the Commissioner of Health in the preparation of a program of environmental protection;

g. Encourage, direct and aid in coordinating State, regional and local plans and programs concerning conservation and environmental protection in accordance with a unified Statewide plan which shall be formulated, approved and supervised by the department. In reviewing such plans and programs and in determining conditions under which such plans may be approved, the department shall give due consideration to the development of a comprehensive ecological and environmental plan in order to be assured insofar as is practicable that all proposed plans and programs shall conform to reasonably contemplated conservation and environmental protection plans for the State and the varied areas thereof;

h. Administer or supervise programs of conservation and environmental protection, prescribe the minimum qualifications of all persons engaged in official environmental protection work, and encourage and aid in coordinating local environmental protection services;

i. Establish and maintain adequate bacteriological, radiological and chemical laboratories with such expert assistance and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting the environment and ecology;

j. Administer or supervise a program of industrial planning for environmental protection; encourage industrial plants in the State to undertake environmental and ecological engineering programs; and cooperate with the State Departments of Health, Labor, and Commerce and Economic Development in formulating rules and regulations concerning industrial sanitary conditions;

k. Supervise sanitary engineering facilities and projects within the State, authority for which is now or may hereafter be vested by law in the department, and shall, in the exercise of such supervision, make and enforce rules and regulations concerning plans and specifications, or either, for the construction, improvement, alteration or operation of all public water supplies, all public bathing places, landfill operations and of sewerage systems and disposal plants for treatment of sewage, wastes and other deleterious matter, liquid, solid or gaseous, require all such plans or specifications, or either, to be first approved by it before any work thereunder shall be commenced, inspect all such projects during the progress thereof and enforce compliance with such approved plans and specifications;

l. Undertake programs of research and development for the purpose of determining the most efficient, sanitary and economical ways of collecting, disposing, recycling or utilizing of solid waste;

m. [Construct and operate, on an experimental basis, incinerators or other facilities for the disposal of solid waste, provide the various municipalities and counties of this State, the Board of Public Utilities, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection, disposal and utilization;] (deleted by amendment, P.L. , c. )

n. Enforce the State air pollution, water pollution, conservation, environmental protection, solid and hazardous waste [and refuse disposal] management laws, rules and regulations, including the making and signing of a complaint and summons for their violation by serving the summons upon the violator and thereafter filing the complaint promptly with a court having jurisdiction;

o. [Acquire by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection or disposal of solid waste;] (deleted by amendment, P.L. , c. )

p. Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory, equipment or machinery necessary to the performance of its duties pursuant to this act;

q. Contract with any other public agency or corporation incorporated under the laws of this or any other state for the performance of any function under this act;

r. With the approval of the Governor, cooperate with, apply for, receive and expend funds from, the federal government, the State Government, or any county or municipal government or from any public or private sources for any of the objects of this act;

s. Make annual and such other reports as it may deem proper to the Governor and the Legislature, evaluating the demonstrations conducted during each calendar year;

t. Keep complete and accurate minutes of all hearings held before the commissioner or any member of the department pursuant to the provisions of this act. All such minutes shall be retained in a permanent record, and shall be available for public inspection at all times during the office hours of the department;

u. Require any person subject to a lawful order of the department, which provides for a period of time during which such person subject to the order is permitted to correct a violation, to post a performance bond or other security with the department in such form and amount as shall be determined by the department. Such bond need not be for the full amount of the estimated cost to correct the violation but may be in such amount as will tend to insure good faith compliance with said order. The department shall not require such a bond or security from any public body, agency or authority. In the event of a failure to meet the schedule prescribed by the department, the sum named in the bond or other security shall be forfeited unless the department shall find that the failure is excusable in whole or in part for good cause shown, in which case the department shall determine what amount of said bond or security, if any, is a reasonable forfeiture under the circumstances. Any amount so forfeited shall be utilized by the department for the correction of the violation or violations, or for any

other action required to insure compliance with the order.

(cf: P.L.1984, c.5, s.1)

23. Section 2 of P.L.1970, c.39 (C.13:1E-2) is amended to read as follows:

2. [a.] The Legislature finds that the collection, disposal and utilization of solid waste is a matter of grave concern to all citizens and is an activity thoroughly affected with the public interest; that the health, safety and welfare of the people and quality of natural resources of this State require efficient and reasonable solid waste collection and disposal service [or] and efficient utilization of [such] solid waste; that the management of solid waste in New Jersey [consists] , historically, consisted largely of piecemeal, uncoordinated activities developed to meet the immediate needs of local governments with little, if any, regard for regional planning and coordination; that local units of government acting on their own, despite the most dedicated and sincere efforts, [lack] lacked the financial resources, scope of alternatives and expertise to plan, develop and implement efficient and effective solutions to their solid waste problems; and that, for the most part, the solid waste planning and management process [is] was adversely affected by the absence of area-wide structures, the limitations of local initiative, the general inadequacy of State technical assistance, the paucity of State grants for solid waste experimentation, the failure of the State to establish guidelines for the preparation of county and intercounty plans, and the failure to implement county and intercounty solid waste collection, disposal and utilization operations.

The Legislature further finds that recycling, beneficial use, and the source separation of waste materials are an integral part of the State's solid waste management program and that these solid waste management strategies have not only substantially conserved solid waste disposal capacity and natural resources, but have contributed to the State's economy through the development of many jobs, small businesses and the stimulation and commercialization of innovative technologies.

[b.] The Legislature, therefore, [declares that it is the policy of this State] enacted the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) to:

(1) Establish a statutory framework within which all solid waste collection, disposal and utilization activity in this State may be coordinated;

(2) Designate each county in this State and the Hackensack Meadowlands District as a Solid Waste Management District, and [provide] require each county and the Hackensack Meadowlands Development Commission [with the power,] either singly or jointly with one or more other districts, to develop and implement a comprehensive district solid waste management plan which meets the needs of every municipality within each [such] county and within the Hackensack Meadowlands District;

(3) Provide citizens and municipalities with opportunities to contribute to the development and implementation of Statewide and district solid waste management plans by requiring public hearings prior to their adoption and by the creation of advisory solid waste councils;

(4) Protect the bondholders of the [several incinerator authorities, solid waste management authorities, municipal public utility authorities, county improvement authorities, and other] various public authorities concerned with solid waste management functions and solid waste facilities, while coordinating their activities under Statewide and district solid waste management plans;

(5) Expand and strengthen the existing relationships between the solid waste industry, representing the free enterprise system and the public sector, including the State and municipal governments and the districts established by this act, in order that both may most effectively contribute to an efficient and economical solution to the problem of solid waste management and to take into account the long term financial commitments entered into by the private sector, counties and public authorities in the acquisition, construction and operation of solid waste facilities [and to recognize, through the Public Utilities Commission the added cost of compliance with environmental standards by the provision of equitable rate increases];

(6) Establish a meaningful and responsible role for the State in the solution of solid waste management problems by granting the Department of Environmental Protection and the Solid Waste Advisory Council the power, not only to regulate and supervise all solid waste collection [and disposal] activities, solid waste facilities and disposal operations and to register all persons engaged in the collection or disposal of solid waste in this State, but also to develop through a Statewide solid waste management plan objectives, criteria and procedures to assure the orderly preparation and evaluation of the district solid waste management plans developed by every solid waste management district, and to approve, modify, or reject [such] district solid waste management plans on the basis of their conformity with [such] these objectives, criteria and procedures, to develop and implement [such] a district solid waste management plan where none is approved or forthcoming from [any solid waste management] a particular district, to arbitrate disputes between solid waste management districts in the development and implementation of district solid waste management plans, to utilize the funds received by the department from registration fees and [such] any other funds as may be from time to time appropriated to it to [support and undertake experimental projects and programs of research and development to determine the most efficient, sanitary and economical ways of collecting, disposing, limiting and utilizing solid waste, to grant funds to the districts for the formulation and development of solid waste management plans, and to take such other actions in accordance with] implement the policies and programs set forth in this act, all in the manner and extent hereinafter provided;

(7) [Encourage resource recovery through the development of systems to collect, separate, recycle and recover metals, glass, paper and other] Maintain a commitment by the State and local governments to the recycling of waste materials [of value for] by continuing and expanding programs for the source separation, collection, marketing, recycling, and beneficial reuse [or for energy production] of waste materials.

[c.] The Legislature [recognizes that solid waste and recycling facilities will be financed through long term borrowing which requires the negotiation of long term contracts with municipalities and other solid waste collectors to guarantee the flow of solid waste to such facilities. The Legislature, however, does not intend to encourage or permit the public entity, or its designees, that holds these contracts to establish or charge rates to municipalities or other solid waste collectors within its jurisdiction which discriminate on the basis of the cost of disposal at a particular facility which has been designated as the place of disposal for the solid waste of such municipality or other solid waste collector pursuant to an approved solid waste management plan for that district] affirms the continuing role of the Department of Environmental Protection as hereinbefore set forth and therefore determines that it is the public policy of the State of New Jersey to ensure that activities related to solid waste disposal are conducted in a way as to minimize negative impacts to public health attributable to poor air quality and that the natural resources of this State are protected from pollution; in particular, the Legislature determines that the transportation of solid waste must be accomplished in a way as to ensure that no undue air pollution is generated thereby, and that solid waste facilities continue to operate in an efficient, safe and environmentally-sound manner.

The Legislature further finds and declares that in furtherance of State mandates, each county or public authority has entered into contracts, acquired real and personal property, incurred administrative and other operating expenses, and issued debt obligations, and the Department of Environmental Protection has issued waste flow orders requiring constituent municipalities and local haulers to use designated in-county solid waste facilities for solid waste processing or disposal, all in furtherance of district solid waste management plan implementation.

(cf: P.L.1975, c.326, s.3)

24. Section 3 of P.L.1970, c.39 (C.13:1E-3) is amended to read as follows:

3. [For purposes of this act, unless the context clearly requires a different meaning] As used in this act:

[a.] "Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for [solid animal and vegetable wastes] source separated recyclable materials or source separated food waste collected by [swine] livestock producers [licensed] approved by the State Department of Agriculture to collect, prepare and feed such wastes to [swine] livestock on their own farms.

[b.] "Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a [transfer station or other authorized] solid waste facility or other destination.

[c.] "Disposal" means the storage, treatment, utilization, processing, resource recovery of, or the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water, so that the solid or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

[d.] "Solid waste management" includes all activities related to the collection [and] or disposal of solid waste by any person engaging in any such process.

“Business concern” means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization.

[e.] "Council" means the Advisory Council on Solid Waste Management.

[f.] "Department" means the State Department of Environmental Protection.

"District solid waste facility" means a solid waste facility that is designated by a public authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate.

[g.] "Commissioner" means the Commissioner of Environmental Protection in the State Department of Environmental Protection.

[h.] "Solid waste facilities" [mean] means and [include] includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.)[, P.L.1970, c.40 (C.48:13A-1 et seq.)] or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

“Person” means any individual or business concern.

[i.] "Public authority" means [any solid waste management authority created pursuant to the "solid waste management authorities law," P.L.1968, c.249 (C.40:66A-32 et seq.);] a municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); [incinerator authority created pursuant to the "incinerator authorities law," P.L.1948, c.348 (C.40:66A-1 et seq.);] a county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.)[,] ; a pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.); or any other public body corporate and politic created for solid waste management purposes in any county [or municipality], pursuant to the provisions of any law.

[j.] "Hackensack Meadowlands District" means the area within the jurisdiction of the Hackensack Meadowlands Development Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.).

[k.] "Hackensack Commission" means the Hackensack Meadowlands Development Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.).

[l. (Deleted by amendment, P.L.1990, c.113)

m. (Deleted by amendment, P.L.1990, c.113)

n.] "Public sewage treatment plant" means any structure or structures required to be approved by the department pursuant to P.L.1977, c.224 (C.58:12A-1 et seq.) or P.L.1977, c.74 (C.58:10A-1 et seq.), by means of which domestic wastes are subjected to any artificial process in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State, before the discharge of the plant effluent into any of the waters of this State; this definition includes plants for the treatment of industrial wastes, as well as a combination of domestic and industrial wastes.

[o.] "Resource recovery" means the collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse; or the incineration of solid waste for energy production and the recovery of metals and other materials for reuse.

[p. (Deleted by amendment, P.L.1990, c.113)

q.] "Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste.

"Source separated recyclable materials" means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

[r.] "Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a [licensed] registered solid waste haulage vehicle, including a rail car, for transportation to an offsite sanitary landfill facility, resource recovery facility, or [other destination] designated out-of-state disposal site for disposal[, except that a "transfer station" shall not include any solid waste facility at which solid waste is received for onsite transfer, and processing or disposal utilizing facility-owned or operated equipment and vehicles operated therefor].

(cf: P.L.1990, c.113, s.4)

25. Section 4 of P.L.1970, c.39 (C.13:1E-4) is amended to read as follows:

4. a. The department shall have power to supervise solid waste collection activities, solid waste facilities and disposal [facilities or] operations, and shall in the exercise of such supervision require the registration of new and existing solid waste collection activities, solid waste facilities and disposal [facilities and] operations; and may exempt from the requirement of registration any class of solid waste collection activity, solid waste facility or disposal [facility or] operation.

b. The department in reviewing the registration statement for a new solid waste collection [operation] activity or solid waste [disposal] facility or disposal operation and in determining the conditions under which it may be approved, shall not approve the registration of any new [operation or facility] solid waste collection activity or solid waste facility or disposal operation that does not conform to the district solid waste management plan of the solid waste management district in which [such operation or facility] the solid waste collection activity or solid waste facility or disposal operation is to be located, as [such] the district plan shall have been approved by the department as hereinafter provided. [Prior to the approval by the department of the solid waste management plan of any solid waste management district, the department may grant approval to any new solid waste collection or disposal operation or facility planned to be located in any such district and that district shall include said operation or facility in its plan.]

(cf: P.L.1975, c.326, s.5)

26. Section 5 of P.L.1970, c.39 (C.13:1E-5) is amended to read as follows:

5. a. Unless exempted by the department, no person shall hereafter engage or continue to engage in the collection or disposal of solid waste in this State without first filing a registration statement and obtaining approval thereof from the department. A person engaging in solid waste disposal shall file a separate registration statement and an engineering design for each [disposal] solid waste facility which he operates. [The registration statement and engineering design for each disposal facility and approval of same shall be for the duration of the plan.]

b. The registration statement and the engineering design shall be made on forms provided by the department and shall contain such information as may be prescribed by the department. The State and any of its political subdivisions, public agencies and public authorities shall be deemed a person within the meaning of [this act] P.L.1970, c.39 (C.13:1E-1 et seq.).

c. No registration shall be approved by the department when in the opinion of the department [such] the solid waste collection activity or [disposal] solid waste facility or disposal operation will not meet the standards or criteria set forth in [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.) or in rules or regulations as may be [promulgated under authority of this act or this amendatory and supplementary act] adopted pursuant thereto. The department may require the amendment of an approved registration when, in its opinion, continued operation of a solid waste facility in accordance with its approved registration would not meet the standards, criteria or regulations described herein.

(cf: P.L.1975, c.326, s.6)

27. Section 1 of P.L.1983, c.464 (C.13:1E-5.1) is amended to read as follows:

1. In addition to all other standards, conditions and procedures required pursuant to law for the approval of applications for registration statements and engineering designs for new solid waste [disposal] facilities:

a. The department shall transmit, by certified mail, a complete copy of any application for a registration statement or engineering design approval for a new solid waste [disposal] facility to the governing body of the affected municipality;

b. Within 6 months of the receipt of a complete application, the department shall reject the application or grant tentative approval thereof, which tentative approval shall establish design and operating conditions for the proposed solid waste [disposal] facility, requirements for the monitoring thereof, and any other conditions required under federal or State laws or rules and regulations;

c. All tentative approvals of applications granted pursuant to subsection b. of this section shall be transmitted to the applicant and to the affected municipality and shall be accompanied by a fact sheet setting forth the principal facts and the significant factual, legal, methodological, and policy questions considered in granting the tentative approval. The fact sheet shall include a description of the solid waste facility which is the subject of the tentative approval; the type and quantities of solid waste [or sludge] which may be disposed of at the proposed solid waste facility; and a brief summary of the basis for the conditions of the tentative approval; and

d. Within 45 days of the granting of a tentative approval of an application, a public hearing on the proposed solid waste facility and operator shall be conducted by the department. The department shall adopt [and promulgate] rules and regulations necessary to ensure that the public hearing is full and impartial and that the applicant is present to answer questions relating to the proposed solid waste facility which are posed by interested parties.

e. In the event that any application review by the department pursuant to this section is for a registration statement and engineering design approval for a proposed solid waste facility on a site located in more than one municipality, the notices required herein shall be transmitted to each affected municipality, and all of the affected municipalities shall be considered a single party for the purposes of the public hearing held concerning the application.

(cf: P.L.1983, c.464, s.1)

28. Section 6 of P.L.1970, c.39 (C.13:1E-6) is amended to read as follows:

6. a. The department shall [, in addition to such other powers as it may possess by law]:

(1) Undertake a program of research and development for the purpose of determining the most efficient, sanitary, environmentally-sound and economical way of collecting, disposing [and], utilizing or recycling solid waste.

(2) Formulate and [promulgate] adopt, amend and repeal codes, rules and regulations concerning solid waste collection and solid waste disposal activities. [Such] These codes, rules and regulations shall establish the procedures relating to the preparation and submission of environmental impact statements prior to the construction, acquisition, or operation of any solid waste facility, and shall establish standards for the construction and operation of solid waste facilities, which standards shall include, but need not be limited to, provisions requiring: the maintenance of ground water quality monitoring wells to check water pollution; periodic monitoring of water quality by chemical analysis; measures to monitor methane gas production at sanitary [landfills] landfill facilities; plans for erosion control; revegetation procedures and plans for the maintenance, upkeep, and reuse of any [sanitary] landfill site; adequate cover material; safety measures; rodent, insect, bird, dust, fire and odor control programs; and such other measures as shall be deemed necessary to protect the public health and safety and the natural environment.

All codes, rules and regulations heretofore adopted by the Public Health Council relating to refuse disposal shall continue in full force and effect and be enforceable by the department, subject to its power as herein provided to amend or repeal the same.

(3) Develop, formulate, [promulgate] adopt and review for the purpose of revising or updating not less than once every 2 years, a Statewide solid waste management plan which shall not discriminate against the utilization of an out-of-state disposal site by a district or constituent municipality for the disposal of solid waste, provided that the relevant public authority, county or municipality produce evidence that the designated disposal site is permitted by the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal and is in compliance with all relevant Federal or state laws, rules or regulations, but shall encourage the maximum practicable use of [resource recovery procedures] all existing district solid waste facilities and which shall provide the objectives, criteria and standards for the evaluation of district solid waste management plans prepared pursuant to the provisions of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.) for solid waste management districts in this State; and to the extent practicable, encourage and assist in the development and formulation of [such] district solid waste management plans and guidelines to implement such plans. [Such objectives, criteria and standards shall be promulgated within 180 days of the effective date of this act; provided, however, that general guidelines sufficient to initiate the solid waste management planning process by solid waste management districts in this State shall be promulgated within 30 days of the effective date of this act.] In the development and formulation of the Statewide solid waste management plan the department shall consult with relevant agencies and instrumentalities of the Federal Government, and the aforesaid objectives, criteria and standards provided by said Statewide solid waste management plan shall conform, to the extent practicable, or as may be required, to the provisions of any Federal law concerning such objectives, criteria and standards.

(4) Make an annual report to the Governor and the Legislature evaluating the operation of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), including any recommendations deemed necessary by the department to better effectuate the purposes hereof.

b. The department may, in addition:

(1) [Order any district, pursuant to the Statewide solid waste management plan, the objectives, criteria and standards contained therein, the environmental and economic studies conducted by the department therefor and in a manner designed to enhance the environment within the concerned districts, (a) to plan for the construction of resource recovery facilities, (b) to specify what processes should be utilized therein, (c) to develop a joint program with one or more adjacent districts for providing resource recovery facilities, and (d) for those districts affected by the guarantee provided in section 9.1 of P.L.1968, c.404 (C.13:17-10), to cooperate on a continuing basis with the department and with the other districts so affected in the development of a combined approach to solid waste management in northeastern New Jersey and make the final determination in the event of any overlap or conflict between the Hackensack Commission and any board of chosen freeholders pursuant to their respective responsibilities under this amendatory and supplementary act or pursuant to the Hackensack Commission's responsibilities under P.L.1968, c.404 (C.13:17-1 et seq.).] (Deleted by amendment, P.L. , c. )

(2) [Acquire, by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection, disposal and utilization of solid waste;] (Deleted by amendment, P.L. , c. )

(3) Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory equipment or machinery necessary to the performance of its duties pursuant to this act;

(4) Apply for, receive and expend funds from any public or private source; or

(5) Contract with any other public agency, including a local board of health or county [and municipal boards of] health department, or corporation incorporated under the laws of this or any other state for the performance of any function under this act. Any such contract with a local board of health or county [or municipal board of] health department may provide for the inspection and monitoring of solid waste facilities; the enforcement of the department's standards therefor; and the training of county or [municipal] local health officers engaged in such inspection, monitoring or enforcement[;].

(6) [Make grants to assist in experimenting with new methods of solid waste collection, disposal, or utilization, pursuant to the provisions of sections 21 through 25 of this amendatory and supplementary act;] (Deleted by amendment, P.L. , c. )

(7) [Construct and operate, on an experimental basis, incinerators or other facilities for the disposal or utilization of solid waste, to provide the various municipalities and counties of this State, the Board of Public Utility Commissioners, the Hackensack Commission, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection and disposal;] (Deleted by amendment, P.L. , c. )

(8) [Make annual and such other reports as it may deem proper to the Governor and the Legislature evaluating the demonstrations and experiments conducted during each calendar year.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1975, c.326, s.7)

29. Section 7 of P.L.1970, c.39 (C.13:1E-7) is amended to read as follows:

7. a. There is hereby created in the department an Advisory Council on Solid Waste Management which shall consist of [14] 13 members, [four] three of whom shall be [the President of the Board of Public Utilities,] the Commissioner of Community Affairs, the Secretary of Agriculture and the Commissioner of Health, or their designees, who shall serve ex officio, and ten citizens of the State, four of whom shall be actively engaged in [the] solid waste collection, recycling or solid waste disposal [industries] activities or operations, of whom one shall be a representative of the Institute for Scrap Recycling Industries who shall represent the scrap recycling or processing industry in the State, two health professionals of whom one shall be a representative of the New Jersey Hospital Association and the other a licensed practitioner selected from the medical or dental communities in the State who shall represent the regulated medical waste generators in the State, and four of whom shall be representing the general public to be appointed by the Governor, with the advice and consent of the Senate. The Governor shall designate a chairman and vice chairman of the council from the public members who shall serve at the will of the Governor.

b. All public members shall be appointed for terms of 4 years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the council by expiration of term or otherwise, shall be filled in the same manner as the original appointment for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid.

c. Members of the council shall serve without compensation but shall be reimbursed for expenses actually incurred in attending meetings of the council and in performance of their duties as members thereof.

(cf: P.L.1991, c.292, s.1)

30. Section 2 of P.L.1989, c.118 (C.13:1E-9.3) is amended to read as follows:

2. a. No person shall, regardless of intent, engage, or be permitted to engage, in the [collection or] disposal of solid waste in excess of 0.148 cubic yards of solids or 30 United States gallons of liquids, whether for profit or otherwise, except at a solid waste facility or an out-of-state disposal site which has authorization from the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, or any other place in this State which has authorization from the Department of Environmental Protection to accept solid waste for disposal, as the case may be.

b. No person shall, regardless of intent, transport or cause or permit to be transported any solid waste in excess of 0.148 cubic yards of solids or 30 United States gallons of liquids, whether for profit or otherwise, except to a solid waste facility or an out-of-state disposal site which has authorization from the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, or to any other place in this State which [does not have] has authorization from the Department of Environmental Protection to accept solid waste for disposal, as the case may be.

c. No person shall, regardless of intent, cause, engage in or be permitted to engage in, the disposal of any amount of solid waste on real property subject to the use, control or ownership of a railroad company, unless such disposal is expressly authorized by the railroad company and approved by the Department of Environmental Protection.

d. The provisions of this section shall be enforced by the Department of Environmental Protection and by every relevant public authority, county, municipality, local board of health, or county health department, as the case may be.

(cf: P.L.1995, c.11, s.1)

31. Section 12 of P.L.1970, c.39 (C.13:1E-12) is amended to read as follows:

12. a. The department, after a hearing held pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may revoke or suspend the registration issued to any person engaged in [the] solid waste collection or solid waste disposal upon a finding that such person:

[a.] (1) Has violated any provision of [this act] the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.306 (C.13:1E-100 et seq.), or any rule, regulation, or administrative order [promulgated hereunder] adopted or issued thereunder; [or]

[b.] (2) Has violated any provision of any laws related to pollution of the waters, air or land surfaces of the State; or

[c.] (3) Has refused or failed to comply with any lawful order of the department pursuant to section 5 of P.L.1970, c.39 (C.13:1E-5).

b. The department, after a hearing held pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may revoke or suspend the registration issued to the owner or operator of any sanitary landfill facility who has refused or failed to ensure that sufficient funds are available for the closure and post-closure costs of the sanitary landfill facility as provided in section 8 of P.L.1985, c.368 (C.13:1E-176).

(cf: P.L.1970, c.39, s.12)

32. Section 11 of P.L.1975, c.326 (C.13:1E-20) is amended to read as follows:

11. a. (1) [Within 360 days after the effective date of this amendatory and supplementary act, the] The respective boards of chosen freeholders, in the case of counties, and the Hackensack Commission, in the case of the Hackensack Meadowlands District, shall develop and formulate, pursuant to the procedures herein contained, a district solid waste management plan for each respective solid waste management district[; provided, however, that the commissioner may extend such period for a maximum of 45 additional days upon the certification of the board of chosen freeholders or the Hackensack Commission, as the case may be, of the causes of the delay in developing and formulating a plan, and upon the commissioner's determination that an extension will permit the development and formulation of a solid waste management plan as required herein. Within 90 days of the effective date of this act, each district shall make the necessary personnel, financial and legal arrangements to assure the development and formulation of the plan within 360 days of the effective date of this act].

Every district solid waste management plan shall be developed and formulated to be in force and effect for a period of not less than 10 years, upon the expiration of which a new plan shall be developed and formulated pursuant to the procedures herein contained[; provided, however, that every such].

Every district solid waste management plan shall contain provisions for automatic review thereof not less than once every two years following the approval thereof by the department, which review shall be undertaken by the board of chosen freeholders or the Hackensack Commission, as the case may be[; and provided further, however, that every such].

Every district solid waste management plan may be reviewed at any time by the department. Upon [such] the review, if the board of chosen freeholders, the Hackensack Commission, or the department, as the case may be, determines that any district solid waste management plan, or any part thereof, is inadequate for the purposes for which it was intended, [such] the board of chosen freeholders or the Hackensack Commission, as the case may be, shall develop and formulate a new district solid waste management plan, or any part thereof, and [such] the new district solid waste management plan, or part thereof, shall be adopted thereby pursuant to the procedures contained in section 14 of P.L.1975, c.326 (C.13:1E-23).

Every district solid waste management plan shall be amended to reflect any revisions to the strategy for the collection or disposal of solid waste utilized in any constituent municipality in the district based on changes necessitated by revisions in State or federal laws, rules or regulations, or court decisions, including any changes in solid waste collection activities, solid waste facilities or solid waste disposal operations in any constituent municipality in the district as heretofore reported in the district solid waste management plan as required pursuant to section 12 of P.L.1975, c.326 (C.13:1E-21).

Nothing herein contained shall be construed as to prevent any board of chosen freeholders or the Hackensack Commission from readopting a district solid waste management plan upon the expiration of same in a [solid waste management] district; provided, however, that any such readoption shall be pursuant to the provisions of section 14 of P.L.1975, c.326 (C.13:1E-23).

(2) Any two or more districts may formulate and adopt a [single] regional solid waste management plan which shall meet all the requirements of [this act] P.L.1970, c.39 (C.13:1E-1 et seq.) for the combined area of the cooperating [solid waste management] districts.

b. (1) To assist each board of chosen freeholders in the development and formulation of the district solid waste management plans required herein, an advisory solid waste council shall be constituted in every county and shall include municipal mayors or their designees, persons engaged in the collection or disposal of solid waste and environmentalists. The respective size, composition and membership of each such council shall be designated by the respective boards of chosen freeholders. In the Hackensack Meadowlands District, the Hackensack Meadowlands Municipal Committee, established pursuant to [article 4] sections 7 and 8 of P.L.1968, c.404 (C.13:17-7 and 13:17-8), is hereby designated an advisory solid waste council for the purposes of this [amendatory and supplementary act] subsection; provided, however, that nothing herein contained shall be construed as in any way altering the powers, duties and responsibilities of the Hackensack Meadowlands Municipal Committee except as herein specifically provided.

The respective boards of chosen freeholders and the Hackensack Commission shall consult with the relevant advisory solid waste council at such stages in the development and formulation of the district solid waste management plan as each such board of chosen freeholders or the Hackensack Commission, as the case may be, shall determine; provided, however, that a district solid waste management plan shall be adopted as hereinafter provided only after consultation with the relevant advisory solid waste council.

(2) In the development and formulation of a district solid waste management plan for any [solid waste management] district, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall:

(a) Consult with the county or municipal government agencies concerned with, or responsible for, water pollution control, water policy, water supply, or zoning or land use within the [solid waste management] district;

(b) Review such plans for solid waste collection and disposal proposed by, or in force in, any municipality or municipalities within the [solid waste management] district, to determine the suitability of any such plan, or any part thereof, for inclusion within the district solid waste management plan of the [solid waste management] district; and

(cf: P.L.1985, c.38, s.35)

33. Section 12 of P.L.1975, c.326 (C.13:1E-21) is amended to read as follows:

12. a. Every district solid waste management plan shall be based upon and shall be accompanied by a report containing the following information:

(1) An inventory of the sources, composition, and quantity of solid waste generated within the [solid waste management] district in the year in which the report is prepared;

(2) Projections of the amounts and composition of solid waste to be generated within the district in each of the 10 years following the year in which the report is prepared[; provided, however, that in the formulation of its solid waste management plan every board of chosen freeholders may deduct from the actual amount of solid waste generated within the solid waste management district in the year in which the report is prepared, and projected for each of the 10 years following said year, the total solid waste tonnage treated and disposed on a daily basis in the Hackensack Meadowlands District by every municipality within said solid waste management district as of July 1, 1968, which deduction shall be pursuant to the guarantee provided in P.L.1968, c.404, section 9.1 (C.13:17-10)];

(3) An inventory and appraisal, including the identity, location, and life expectancy, of all solid waste facilities within the [solid waste management] district, including [such] any district solid waste facilities owned or operated by any person, public authority or county, and the identity of every person engaging in solid waste collection activities or solid waste disposal operations within the district, and the identity and location of any district solid waste facility, designated out-of-state disposal site or other solid waste facility located within or outside of the district to be utilized by the district, or any constituent municipality thereof, for the disposal of solid waste generated within the district, including evidence that the designated disposal site is permitted by the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, and is in compliance with all relevant Federal or state laws, rules or regulations; and

(4) An analysis of existing solid waste collection systems and transportation routes within the [solid waste management] district.

b. Every district solid waste management plan shall include:

(1) The designation of a public authority or department, unit or committee of the county government, in the case of counties, or of the Hackensack Commission, in the case of the Hackensack Meadowlands District, to supervise the implementation of the district solid waste management plan and to report thereon at such times as may be required by the board of chosen freeholders or the Hackensack Commission, as the case may be;

(2) A statement of the solid waste disposal strategy to be applied in the [solid waste management] district, which strategy shall [include] not discriminate against the use of out-of-state disposal sites, but shall encourage the maximum practicable use of [resource recovery procedures] all existing district solid waste facilities located within the district; the strategy may include the use of a district solid waste facility or other solid waste facility located outside of the district or a designated out-of-state disposal site, provided that the statement includes evidence that the designated disposal site is permitted by the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, and is in compliance with all relevant Federal or state laws, rules or regulations; and a plan for using terminated landfill disposal sites, if any, in the [solid waste management] district;

(3) A site plan, which shall include all existing solid waste facilities located within the [solid waste management] district, provided that they are operated and maintained in accordance with all applicable health and environmental standards[, and sufficient additional available suitable sites to provide solid waste facilities to treat and dispose of the actual and projected amounts of solid waste contained in the report accompanying the plan].

[Upon a certification to the commissioner by the board of chosen freeholders or the Hackensack Commission, as the case may be, of the absence of sufficient existing or available suitable sites for such solid waste facilities within the solid waste management district, the site plan shall identify sufficient additional existing or available suitable sites for such facilities located in another solid waste management district; provided, however, that such certification shall be accompanied by a copy of the contract or agreement entered into by the concerned boards of chosen freeholders or the Hackensack Commission, as the case may be, authorizing the use by a solid waste management district of solid waste facilities located in another solid waste management district, and providing for the acquisition of such lands and rights and interests therein as may be required within the solid waste management district in which the solid waste facilities are to be located.]

[Notwithstanding the above, however, a] A board of chosen freeholders or the Hackensack Commission, as the case may be, may enter into an interdistrict agreement with any person engaged in solid waste disposal in [an adjacent solid waste management] any district with the approval of [said adjacent] that district, which interdistrict agreement shall be reflected in the [plans for said adjacent districts, to treat and dispose of the amount of solid waste from their district that said person treats and disposes of in that adjacent district on the effective date of this act] district solid waste management plan adopted by each district to be served under the terms of the proposed interdistrict agreement.

[Upon the failure for any reason of the concerned boards of chosen freeholders or the Hackensack Commission, as the case may be, to make such a contract or to reach such an agreement, the board of chosen freeholders or the Hackensack Commission, as the case may be, seeking to locate said solid waste facilities in another solid waste management district shall certify such failure to the commissioner.

Upon the receipt of any such certification of failure, the commissioner shall cause a study to be made by the department to determine the suitable location of solid waste facilities for the use of the solid waste management district for which such certification was made. In such study, the commissioner may request the submission of any specifications or other information he deems necessary from any solid waste management district, and the board of chosen freeholders or the Hackensack Commission, as the case may be, shall submit all such material so requested. In determining the suitable location of solid waste facilities, the commissioner shall weigh the relative feasibility of alternative locations in terms of such factors as environmental impact, transportation patterns and their comparative costs, compatibility with the current land use policies in the immediate area of the alternative locations, as well as with the Statewide solid waste management plan and such other master plans and planning policies as may exist at the municipal, county, regional or State levels, and such other criteria as the commissioner deems relevant.

Upon the completion of said study the commissioner shall:

(a) Require the certifying board of chosen freeholders or the Hackensack Commission, as the case may be, to locate the required solid waste facilities within its own solid waste management district and as part of the solid waste management plan therefor; or

(b) Require any other board of chosen freeholders or the Hackensack Commission, as the case may be to provide solid waste facilities, or parts thereof, within its solid waste management district and as part of the solid waste management plan therefor, for the use of the certifying solid waste management district; provided, however, that the full cost of any such solid waste facilities, or of any part thereof to the extent of use thereof, shall be borne by the solid waste management district making use of same.

In the adoption of any solid waste management plan pursuant to the provisions of section 14 of this amendatory and supplementary act, no board of chosen freeholders nor the Hackensack Commission, as the case may be, shall alter any part required by a determination made by the commissioner as herein provided concerning the location of any solid waste facilities.

Notwithstanding the provisions of section 11 of this amendatory and supplementary act, the time taken by the commissioner from the receipt of any certification of failure pursuant to this section to the completion of the study required herein concerning such certification of failure, shall be in addition to, and shall not count towards, the 360 days permitted in said section 11 for the development and formulation of a solid waste management plan.]

(4) A [survey] designation of proposed collection [districts] and transportation routes, which routes shall, in the case of solid waste facilities to the maximum extent practicable, avoid roads or highways in residential or congested areas, with projected transportation costs from collection [districts] routes to existing or available suitable sites for solid waste facilities;

(5) The procedures for coordinating all activities related to the collection [and] or disposal of solid waste by every person engaging in [such process] these activities within the [solid waste management] district, which procedures shall include the interdistrict agreements entered into as provided herein between the board of chosen freeholders or the Hackensack Commission, as the case may be, and every such person; and the procedures for furnishing the solid waste facilities contained in the district solid waste management plan; [and]

(6) A statement of the solid waste disposal strategy to be utilized by each constituent municipality in the district, which strategy shall not discriminate against the use of out-of-state disposal sites, but shall encourage the maximum practicable use of all existing district solid waste facilities located within the district; the strategy may include the use of a district solid waste facility or other solid waste facility located within or outside of the district, or the use of a designated out-of-state disposal site, provided that the statement includes evidence that the designated disposal site is permitted by the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, and is in compliance with all relevant Federal or state laws, rules or regulations; and

(7) The method or methods of financing solid waste management activities in the [solid waste management] district pursuant to the district solid waste management plan.

c. Any existing joint meeting formed for the construction or operation of solid waste facilities pursuant to the "[consolidated municipal services act" (]Consolidated Municipal Services Act," P.L.1952, c.72[;](C.40:48B-1 et seq.)[)]or any existing authority composed of two or more municipalities formed pursuant to the "solid waste management authorities law, "[(]P.L.1968, c.249[;](C.40:66A-32 et seq.)[)]may request the commissioner to review its solid waste management plan. The commissioner may direct the concerned [solid waste management] district to incorporate all or part of said plan into the district solid waste management plan of that district.

(cf: P.L.1975, c.326, s.12)

34. Section 13 of P.L.1975, c.326 (C.13:1E-22) is amended to read as follows:

13. [In order to preserve and maintain the State's pledges and covenants with the holders of any bonds issued by any public authority, no solid waste management plan shall include provisions for establishing any solid waste facility in competition with such facilities operated, or for which bonds have been issued, by any such public authority; provided, however, that every] Every board of chosen freeholders and the Hackensack Commission is hereby authorized and empowered in the development [and], formulation or amendment of a district solid waste management plan, to enter into any [contract or] interdistrict agreement with any public authority within any [solid waste management] district providing for or relating to [solid waste collection and] solid waste disposal. Any [such contract or] interdistrict agreement may provide for the furnishing of solid waste facilities either by or to the [solid waste management] district, or the joint [construction or operation] use of district solid waste facilities. Every [such contract or] interdistrict agreement shall conform to all the requirements of law for [contracts or] interdistrict agreements made by any person, public authority or county, and may include [such] provisions for rates [and] , fees or charges, [and] including the solid waste charges to be received at the district solid waste facility for solid waste disposal, including any portion of the rates, fees or charges allocated for environmental investment charges as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill), for the furnishing of solid waste facilities, as the board of chosen freeholders or the Hackensack Commission, as the case may be, deems necessary in the development [and], formulation or amendment of a district solid waste management plan to coordinate all activities relating to solid waste collection [and] or solid waste disposal within the [solid waste management] district, and for the furnishing of adequate and suitable solid waste facilities therein. Every board of chosen freeholders and the Hackensack Commission, as the case may be, is hereby further authorized and empowered to purchase the bonds of any public authority, and to purchase any solid waste facilities of any public authority upon [a contract or] an interdistrict agreement [therewith for any such solid waste facility purchase] therefor.

(cf: P.L.1975, c.326, s.13)

35. Section 14 of P.L.1975, c.326 (C.13:1E-23) is amended to read as follows:

14. a. [Pursuant to the procedures herein contained, the] The respective boards of chosen freeholders, in the case of counties, and the Hackensack Commission, in the case of the Hackensack Meadowlands District, shall have the power, after consultation with the relevant advisory solid waste council, to adopt a district solid waste management plan for the relevant [solid waste management] district[; provided, however, that if in any solid waste management district the procedures contained in this section are not commenced within 361 days after the effective date of this amendatory and supplementary act, unless the commissioner shall have extended the time for the development and formulation of a solid waste management plan pursuant to section 11 of this amendatory and supplementary act, and unless a certification of failure shall have been received by the commissioner pursuant to 12 b.(3) of this amendatory and supplementary act, the department shall have the power to develop, formulate and, pursuant to the procedures herein contained, adopt and promulgate a solid waste management plan for any such solid waste management every district].

b. Upon the development and formulation of a district solid waste management plan, and after consultation with the relevant advisory solid waste council, the relevant board of chosen freeholders, in the case of counties, or the Hackensack Commission, in the case of the Hackensack Meadowlands District, shall prepare a map showing the boundaries of the [solid waste management] district and the location of all existing and proposed solid waste facilities. In the event such district solid waste management plan proposes to locate solid waste facilities in another [solid waste management] district, a map of such other district, showing the location of the proposed facilities, shall be prepared. Said map shall be appended to a copy of the district's solid waste management plan, to which shall also be appended a copy of the report accompanying said plan. Said map, plan and report shall be sent by mail to the mayor of each municipality within the county, in the case of counties, and in the case of the Hackensack Meadowlands District, said map, plan and report shall be maintained at the main office of the Hackensack Commission.

c. The board of chosen freeholders, or the Hackensack Commission, as the case may be, shall thereupon cause a hearing to be held at an appointed time and place for the purpose of hearing persons interested in, or who would be affected by, the adoption of the district solid waste management plan for the relevant [solid waste management] district, and who are in favor of or are opposed to such adoption.

d. A notice of such hearing shall be given setting forth the purpose thereof and stating that a map, plan and report have been prepared and can be inspected at the offices of every municipality within the county, or at the main office of the Hackensack Commission, as the case may be. A copy of such notice shall be published in a newspaper of general circulation in the [solid waste management] district once each week for 2 consecutive weeks, and the last publication shall be not less than 10 days prior to the date set for the hearing. A copy of the notice shall be mailed at least 10 days prior to the date set for the hearing to the last owner, if any, of each parcel of property within or without the district on which it is proposed to locate any solid waste facilities pursuant to the district's solid waste management plan. Such mailing shall be according to the assessment records of the municipality where such parcel is located and shall be sent to the last known postal address of such owners. A notice shall also be sent to any and all persons at his, or their, last known address, if any, whose names are noted on said assessment records as claimants of an interest in any such parcel. The assessor of such municipality shall make a notation upon the said records when requested so to do by any person claiming to have an interest in any parcel of property in such municipality. Failure to mail any such notice shall not invalidate the adoption of any district solid waste management plan.

e. At the hearing, which may be adjourned from time to time, the board of chosen freeholders, or the Hackensack Commission, as the case may be, shall hear all persons interested in the district solid waste management plan and shall consider any, and all, written objections that may be filed and any evidence which may be introduced in support of the objections, or any opposition to the adoption of the district solid waste management plan for the [solid waste management] district. After the hearing the board of chosen freeholders, or the Hackensack Commission, as the case may be, shall, by resolution, adopt or reject, in whole or in part, the district solid waste management plan for the [solid waste management] district. The adoption of all or a part of a district solid waste management plan, if supported by substantial evidence, shall be binding and conclusive upon all persons affected by the adoption. If all or any part of the district solid waste management plan is adopted, the board of chosen freeholders, or the Hackensack Commission, as the case may be, within 10 days after such adoption, shall cause to be served a copy of the resolution of adoption upon each person who filed a written objection at or prior to the hearing; provided, the address of the objector was stated in, or upon, the written objection.

Such service may be made (1) by delivering a copy of the resolution personally to the objector, (2) by mailing such copy addressed to the objector according to his said stated address, or (3) leaving such copy at said stated address for the objector with a person of suitable age and discretion.

f. Any person who shall have filed such a written objection with the board of chosen freeholders, or the Hackensack Commission, as the case may be, may have the adoption of a district solid waste management plan reviewed by the Superior Court of New Jersey by procedure in lieu of prerogative writs. An action for such review shall be commenced within 30 days after the adoption by the board of chosen freeholders, or by the Hackensack Commission, as the case may be. In any such action, the said court may make any incidental order that shall be deemed by the court to be appropriate and proper.

g. Upon the adoption of a district solid waste management plan in its entirety, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall forthwith submit such plan, and a copy of the transcript of every public hearing held thereon, and a complete record of the dates and results of all consultation with governmental agencies and the relevant advisory solid waste council, to the commissioner. Upon the adoption of a part or parts of a district solid waste management plan, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall certify the fact of such partial adoption to the commissioner, and such board of chosen freeholders or the Hackensack Commission, as the case may be, shall[, notwithstanding any previous extension granted pursuant to any of the provisions of this amendatory and supplementary act,] have [an additional] 45 days from the date of such certification to adopt a district solid waste management plan in its entirety, which adoption shall be pursuant to all the procedures contained herein for the adoption of district solid waste management plans.

h. Every board of chosen freeholders and the Hackensack Commission shall adopt a district solid waste management plan in its entirety and submit same to the commissioner, with a copy of the transcript of every public hearing held thereon, and a complete record of the dates and results of all consultation with governmental agencies and the relevant advisory solid waste council[, within 450 days after the effective date of this amendatory and supplementary act; provided, however, that if the commissioner shall have granted an extension of time for the development and formulation of such plan pursuant to section 11 of this amendatory and supplementary act, or an extension of time for the adoption of any such plan in its entirety pursuant to this section, or both, the time for adoption and submission to the commissioner as required herein shall be increased to a maximum of 495 days in the case of either such extension, or 540 days in the case of both such extensions; and, provided further, however, that if the commissioner shall have received a certification of failure pursuant to section 12 b. of this amendatory and supplementary act, the time for adoption and submission to the commissioner, notwithstanding any other increase authorized in this amendatory and supplementary act, shall be increased by the number of days taken by the commissioner from the date of such receipt to the completion of his study concerning such certification of failure].

i. [Upon the failure of any board of chosen freeholders or the Hackensack Commission, as the case may be, to adopt a solid waste management plan in its entirety and to submit same to the commissioner, with a copy of the transcript of every public hearing held thereon, and a complete record of the dates and results of all consultation with governmental agencies and the relevant advisory solid waste council, within the time prescribed in subsection h. of this section, the department shall have the power to develop and formulate a solid waste management plan in its entirety for any such solid waste management district, either including therein or excluding therefrom any part or parts of such plan as may have been adopted by the board of chosen freeholders or the Hackensack Commission, as the case may be. Following the holding of a public hearing pursuant to the procedures contained herein, the department shall have the power to adopt and promulgate such solid waste management plan in its entirety for any such solid waste management district. Any solid waste management plan so adopted and promulgated by the department for any solid waste management district shall be subject to the same review by the Superior Court as solid waste management plans otherwise adopted pursuant to this section.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1975, c.326, s.14)

36. Section 15 of P.L.1975, c.326 (C.13:1E-24) is amended to read as follows:

15. a. Upon receipt by the commissioner of a district solid waste management plan adopted in its entirety, and a copy of the transcript of every public hearing held thereon, as required pursuant to section 14 of [this amendatory and supplementary act] P.L.1975, c.326 (C.13:1E-23), [he] the commissioner shall:

(1) Study and review the district solid waste management plan according to the objectives, criteria and standards developed in the Statewide solid waste management plan developed and formulated by the department pursuant to the provisions of section 6 of [the act to which this act is amendatory and supplementary] P.L.1970, c.39 (C.13:1E-6); and

(2) Submit a copy of [said] the district plan for review and recommendations to the Advisory Council on Solid Waste Management in the department, and to the agencies, bureaus and divisions within the department concerned with, or responsible for, environmental quality, including, but not limited to, the Bureau of Solid Waste Management, Bureau of Air Pollution Control, Bureau of Geology, and the Bureau of Water Pollution Control, or their successors[; and].

(3) [Submit a copy of said plan to the Board of Public Utility Commissioners for review and recommendations on the economic aspect of the plan.](Deleted by amendment, P.L. , c. )

b. After completing [his] the study and review of the district solid waste management plan, and upon receipt of the recommendations thereon provided for in subsection a. (2) of this section, if any, but in no event later than 150 days after [his] the receipt of [said] the district plan, the commissioner shall determine whether to approve, modify, or reject [any such] the district solid waste management plan, and shall certify [such] that determination to the board of chosen freeholders or to the Hackensack Commission, as the case may be, which submitted [such] the district plan.

c. If the commissioner determines to approve [any] a district solid waste management plan, or if the commissioner has made no determination within 150 days after [his] the receipt of [any such] a district plan, the relevant board of chosen freeholders or the Hackensack Commission, as the case may be, shall proceed, pursuant to the requirements of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), to implement [such] the district solid waste management plan [in the relevant solid waste management district].

d. If the commissioner determines to modify or reject [any] a district solid waste management plan, or any part thereof, the certification required [of him] herein shall be accompanied by a detailed statement prepared by the commissioner indicating the reasons for any modification or rejection, and outlining the action to be taken thereon.

The provisions of this subsection to the contrary notwithstanding, the commissioner shall not reject or require the modification of a district solid waste management plan, or any part thereof, providing for the long-term use of a designated out-of-state disposal site for the disposal of solid waste generated within the district solely on the grounds that the designated disposal site is located out-of-state.

In outlining [such] the action the commissioner shall direct the board of chosen freeholders or the Hackensack Commission, as the case may be, to make any modification in, or replace any rejected part of, a district solid waste management plan, either with or without holding another public hearing in the [solid waste management] district. [Such] The direction shall be based upon the commissioner's determination[, in his] and discretion, that [such] the modification, or the part rejected, is or is not minor, and that [such] the modification or replacement may or may not be made without substantially modifying or altering other aspects of the district solid waste management plan; provided, however, that a public hearing shall be required upon a rejection by the commissioner of any district solid waste management plan in its entirety.

e. (1) If the commissioner directs the holding of another public hearing in the [solid waste management] district, [such] the hearing shall be held within 45 days [after such direction] therafter and shall be conducted pursuant to the procedures contained in section 14 of [this amendatory and supplementary act] P.L.1975, c.326 (C.13:1E-23) for the conduct of public hearings held prior to the adoption of district solid waste management plans. Following [any such] the public hearing on any modification to, or replacement of, [any] the district solid waste management plan, or any part thereof, the relevant board of chosen freeholders or the Hackensack Commission, as the case may be, [holding same] shall formally adopt a modification to, or replacement of, the district solid waste management plan, or any part thereof, and shall submit [same] the district plan to the commissioner within the time limit set by the commissioner in the public hearing order.

(2) If the commissioner directs that the modification or replacement may be made without the holding of another public hearing, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall have 45 days [after such direction] thereafter within which to adopt [any such] the modification or replacement, and to submit [same] the district plan to the commissioner.

f. The commissioner shall have 30 days from the date of receipt of any submission under subsection e. herein to approve [such] or reject the modification or replacement [or to reject same], and [he] the commissioner shall certify [such] the approval or rejection to the relevant board of chosen freeholders or the Hackensack Commission, as the case may be[, which submitted same].

The provisions of this subsection to the contrary notwithstanding, the commissioner shall not reject any modification or replacement providing for the long-term use of a designated out-of-state disposal site for the disposal of solid waste generated within the district solely on the grounds that the designated disposal site is located out-of-state.

If the commissioner approves [such] the modification or replacement, or if the commissioner has made no [such] certification within 30 days after [his] receipt thereof, the relevant board of chosen freeholders or the Hackensack Commission, as the case may be, shall proceed, pursuant to the requirements of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), to implement the district solid waste management plan [in the relevant solid waste management district].

Upon a rejection of any modification or replacement submitted to [him] the commissioner pursuant to this section, or upon the failure of a board of chosen freeholders or the Hackensack Commission, as the case may be, to submit any modification or replacement as required herein, the commissioner shall have the power to adopt [and promulgate] any modification or replacement [he] the commissioner deems necessary with respect to the district solid waste management plan, and upon the certification of the commissioner, the relevant board of chosen freeholders or the Hackensack Commission, as the case may be, shall proceed, pursuant to the requirements of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), to implement the district solid waste management plan [in the relevant solid waste management district] with the modifications or replacements adopted by the commissioner.

g. Every district solid waste management plan shall be modified to reflect any revisions to the strategy for the collection or disposal of solid waste utilized in any constituent municipality in the district based on changes necessitated by revisions in State or federal laws, rules or regulations, or court decisions, including any changes in solid waste collection activities, solid waste facilities or solid waste disposal operations in any constituent municipality in the district as heretofore reported in the district solid waste management plan as required pursuant to section 12 of P.L.1975, c.326 (C.13:1E-21).

h. The commissioner shall maintain on file in the department a copy of [the Statewide] every district solid waste management plan [developed proved] approved pursuant to this [amendatory and supplementary act] section, and a copy of the Statewide solid waste management plan developed and formulated by the department pursuant to section 6 of P.L.1970, c.39 (C.13:1E-6). [Such] These plans are hereby declared to be public records and shall be subject to all the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) concerning [such] public records.

(cf: P.L.1975, c.326, s.15)

36.1. Section 18 of P.L.1975, c.326 (C.13:1E-27) is amended to read as follows:

18. Any solid waste facility constructed, acquired or operated pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) shall be deemed a public utility and the owner or operator thereof shall be subject to [such rules and regulations as may be adopted by the Board of Public Utilities] the supervision of the Department of Environmental Protection with respect to the public utility aspects of its solid waste disposal operations in accordance with the provisions of the "Solid Waste Utility Control Act," P.L.1970, c.40 (C.48:13A-1 et seq.) and P.L.1991, c.381 (C.48:13A-7.1 et al.).

(cf: P.L.1991, c.381, s.38)

37. Section 19 of P.L.1975, c.326 (C.13:1E-28) is amended to read as follows:

19. a. Any municipality within which a registered sanitary landfill facility is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit not less than the equivalent of $1.00 per ton, and not more than the equivalent of $3.00 per ton, of [solids on] all solid waste accepted for disposal at the sanitary landfill facility during the previous calendar year [as determined by the department] , unless the parties had negotiated and entered into an agreement on a higher dollar amount prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill).

The owner or operator of the sanitary landfill facility shall annually pay to the relevant municipality the full amount due under this subsection and each relevant municipality is empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the sanitary landfill facility may, subject to the prior agreement of the relevant municipality [and the approval of the Department of Environmental Protection], provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a sanitary landfill facility:

(1) The receipt of annual sums of money in lieu of taxes on the land used for the sanitary landfill facility;

(2) The exemption from all fees and charges for the disposal of solid waste generated within its boundaries;

(3) The receipt of a lump sum cash payment; or

(4) Any combination thereof.

b. (Deleted by amendment, P.L.1994, c.27)

c. [Every owner or operator of a sanitary landfill facility required to make annual payments to a municipality pursuant to subsection a. of this section may petition the Department of Environmental Protection for an increase in its tariff which reflects these payments. The department, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be passed along to the users of the sanitary landfill facility as an automatic surcharge on any tariff filed with, and recorded by, the department for the solid waste disposal operations of the facility.] (Deleted by amendment, P.L. , c. )

d. [In issuing any order required by this section, the Department of Environmental Protection shall be exempt from the provisions of R.S.48:2-21.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1994, c.27, s.1)

38. Section 2 of P.L.1987, c.449 (C.13:1E-28.1) is amended to read as follows:

2. a. Any municipality within which a registered transfer station is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit to be paid or adjusted not less than quarterly in an amount established by agreement with the owner or operator of the transfer station [or by order of the Board of Public Utilities], but not less than the equivalent of $0.50 per ton, and not more than the equivalent of $2.50 per ton, of all solid waste accepted for transfer at the transfer station during the [1987] previous calendar year [and each year thereafter] , unless the parties had negotiated and entered into an agreement on a higher dollar amount prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill).

The owner or operator of the transfer station shall, not less frequently than quarterly, pay to the relevant municipality the full amount due under this subsection and each relevant municipality is empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the transfer station may, subject to the prior agreement of the relevant municipality [and the approval of the Board of Public Utilities], provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a transfer station:

(1) The receipt of quarterly payments of annual sums of money in lieu of taxes on the land used for the transfer station;

(2) The exemption from all fees and charges for the acceptance for transfer of solid waste generated within its boundaries;

(3) The receipt of quarterly lump sum cash payments; or

(4) Any combination thereof.

b. [Every owner or operator of a transfer station required to make payments not less frequently than quarterly to a municipality pursuant to subsection a. of this section may petition the Board of Public Utilities for an increase in its tariff which reflects these payments. The board, within 60 days of the receipt of the petition, shall issue an order that these payments shall be passed along to the users of the transfer station as an automatic surcharge on any tariff filed with, and recorded by, the board for the solid waste disposal operations of the transfer station.] (Deleted by amendment, P.L. , c. )

c. [In issuing any order required by this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1991, c.381, s.40)

39. Section 2 of P.L.1994, c.27 (C.13:1E-28.3) is amended to read as follows:

2. a. Any municipality with a population density of more than 1,500 persons per square mile, according to the latest federal decennial census, that shares a common boundary with a municipality within which is located, pursuant to an adopted and approved district solid waste management plan, a registered sanitary landfill facility:

(1) any part of which lies within 1,300 feet of the common boundary between the municipalities[, as determined by the Department of Environmental Protection];

(2) that received more than 700,000 tons of solid waste in the 1992 calendar year or in any calendar year thereafter; and

(3) that is owned or operated by a county or by a county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), shall be entitled to an annual economic benefit in consideration for the proximity of the sanitary landfill facility. The annual economic benefit shall be not less than the equivalent of $0.50 per ton, and not more than the equivalent of $1.50 per ton, of all solid waste accepted for disposal at the sanitary landfill facility[, as determined by the department,] during the [1993] previous calendar year [and each year thereafter] , unless the parties had negotiated and entered into an agreement on a higher dollar amount prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill).

b. A municipality that qualifies for an economic benefit pursuant to subsection a. of this section may negotiate with the owner or operator of the sanitary landfill facility to determine the actual dollar amount of the annual economic benefit to be paid to that municipality.

The owner or operator of the sanitary landfill facility shall annually pay to every municipality qualifying under subsection a. of this section the full amount due under this subsection, except that the owner or operator shall pay the 1993 economic benefit by the last day of the first quarter of the 1994 calendar year. Each municipality qualifying under subsection a. of this section may anticipate the annual economic benefit for the purposes of preparing its 1994 budget and each annual budget thereafter. For the purposes of calculating the method of payment, the owner or operator of the sanitary landfill facility may, subject to the prior agreement of a municipality qualifying under subsection a. of this section [and to the approval of the Department of Environmental Protection], provide that municipality with any of the following benefits in consideration for the proximity of the sanitary landfill facility:

(1) The exemption from all fees and charges for the disposal of solid waste generated within the boundaries of the municipality;

(2) The receipt of a lump sum cash payment; or

(3) Any combination thereof.

c. [Every owner or operator of a sanitary landfill facility required to make annual payments to a municipality qualifying pursuant to subsection a. of this section may petition the Department of Environmental Protection for an increase in its tariff which reflects these payments. The department, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be passed along to the users of the sanitary landfill facility as an automatic surcharge on any tariff filed with, and recorded by, the department for the solid waste disposal operations of the facility.] (Deleted by amendment, P.L. , c. )

d. [In issuing any order required by this section, the Department of Environmental Protection shall be exempt from the provisions of R.S.48:2-21.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1994, c.27, s.2)

40. Section 18 of P.L.1989, c.34 (C.13:1E-48.18) is amended to read as follows:

18. a. Any county within which a solid waste facility is located pursuant to an adopted and approved district solid waste management plan, which facility is a designated recipient of regulated medical waste [pursuant to an interdistrict or intradistrict waste flow order issued by the Board of Public Utilities, in conjunction with the Department of Environmental Protection], may be entitled to an annual economic benefit in an amount established by agreement with the owner or operator of the solid waste facility. The governing body of the relevant county may negotiate with the owner or operator of the solid waste facility for the payment of an annual economic benefit.

b. [If the parties reach an agreement on the amount of an annual economic benefit, the owner or operator of the solid waste facility shall petition the board for an adjustment in its disposal tariff. The petition shall be accompanied by a copy of the agreement which reflects the proposed annual payments and shall be filed with the board prior to its implementation. The board, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be paid by the users of the facility as an automatic surcharge on any tariff filed with, and recorded by, the board for the regulated medical waste disposal operations of the facility. The surcharge shall be calculated and itemized in all appropriate tariffs on a per ton basis. In the event that any regulated medical waste is measured, upon acceptance for disposal, by other than tons, the surcharge shall be calculated and itemized by using the equivalents thereof as shall be determined by the board.] (Deleted by amendment, P.L. , c. )

c. [In issuing any order required by this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1989, c.34, s.18)

41. Section 2 of P.L.1987, c.102 (C.13:1E-99.12) is amended to read as follows:

2. As used in sections 1 through 24 and sections 40 and 41 of P.L.1987, c.102 (C.13:1E-99.11 through 13:1E-99.32 and 13:1E-99.33 and 13:1E-99.34):

"Agricultural or horticultural land" means land deemed actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.);

"Beverage" means milk, alcoholic beverages, including beer or other malt beverages, liquor, wine, vermouth and sparkling wine, and nonalcoholic beverages, including fruit juice, mineral water and soda water and similar nonalcoholic carbonated and noncarbonated drinks intended for human consumption;

"Beverage container" means an individual, separate, hermetically sealed, or made airtight with a metal or plastic cap, bottle or can composed of glass, metal, plastic or any combination thereof, containing a beverage;

"Class A recyclable material" means a source separated nonputrescible recyclable material which is specifically excluded from approval of the department prior to receipt, storage, processing or transfer at a recycling center pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34), which material includes source separated nonputrescible metal, glass, paper, plastic containers, and corrugated and other cardboard;

"Class B recyclable material" means a source separated recyclable material which is subject to approval of the department prior to receipt, storage, processing or transfer at a recycling center pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) and which includes, but need not be limited to, scrap tires, wood waste, tree stumps, and certain construction or demolition debris, including waste asphalt, bricks, cinder blocks and concrete;

"Class C recyclable material" means a source separated compostable material which is subject to approval of the department prior to receipt, storage, processing or transfer at a recycling center pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) and which includes, but need not be limited to, organic materials such as food waste, vegetative food waste and yard trimmings;

"Class D recyclable material" means and includes, but need not be limited to, used oil which is subject to approval of the department prior to receipt, storage, processing or transfer at a recycling center pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) and which includes, but need not be limited to, used lubricant oil, used coolant oil, used emulsion oil and any other synthetic oil or oil refined from crude oil, which material has been used, and as a result of such use is contaminated by physical or chemical impurities; batteries; pesticides; thermostats; latex paint; oil base paints from household or small quantity generators; or antifreeze;

"Commingled" means a combining of nonputrescible source separated recyclable materials of the same class for the purpose of recycling;

"Compostable" means able to undergo physical, chemical, thermal or biological degradation under aerobic conditions such that the material to be composted enters into and is physically indistinguishable from the finished compost, and which ultimately mineralizes in the environment at a rate similar to known compostable materials such as paper and yard trimmings;

"Composting" means the controlled biological degradation of organic matter to make compost;

"Contaminant" means solid waste which adheres to, or which is otherwise contained on or in, source separated recyclable materials;

"County" means any county of this State of whatever class;

"Department" means the Department of Environmental Protection;

"Designated recyclable materials" means those recyclable materials, including metal, glass, paper, or plastic, polycoated paperboard packaging, including beverage containers and aseptic packaging, food waste, corrugated and other cardboard, newspaper, magazines, or high-grade office paper designated in a district recycling plan to be source separated in a municipality pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13);

"Disposition" or "disposition of designated recyclable materials" means the transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable materials for all possible uses except for disposal as solid waste;

"District" means a solid waste management district as designated by section 10 of P.L.1975, c.326 (C.13:1E-19), except that, as used in the provisions of P.L.1987, c.102 (C.13:1E-99.11 et seq.), "district" shall not include the Hackensack Meadowlands District;

"District recycling plan" means the plan prepared and adopted by the governing body of a county and approved by the department to implement the State Recycling Plan goals pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13);

"Food waste" means food processing byproducts, vegetative waste, off-specification food products, food product overruns, and similar food waste materials;

"Leaf composting facility" means a solid waste facility which is designed and operated solely for the purpose of composting leaves and shall also include leaf mulching operations on land deemed actively devoted to agricultural or horticultural use as defined in section 5 of P.L.1964, c.48 (C.54:4-23.5);

"Market" or "markets" means the disposition of designated recyclable materials;

"Municipality" means any city, borough, town, township or village situated within the boundaries of this State;

"Municipal solid waste stream" means all residential, commercial and institutional solid waste generated within the boundaries of any municipality;

"Paper" means all paper grades, including but not limited to, newspaper, corrugated and other cardboard, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper, and related types of cellulosic material containing not more than 10% by weight or volume of non-cellulosic material such as laminates, binders, coatings, or saturants;

"Paper product" means any paper items or commodities, including but not limited to, paper napkins, towels, construction material, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of non-cellulosic material such as laminates, binders, coatings, or saturants;

"Plastic container" means any formed or molded and hermetically sealed, or made airtight with a metal or plastic cap, rigid container with a minimum wall thickness of not less than 0.010 inches, and composed primarily of thermoplastic synthetic polymeric material;

"Post-consumer waste material" means any finished product generated by a business or consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling and disposition and which does not include secondary waste material;

"Recognized academic institution" means any of the following educational or research institutions located in this State: a duly authorized institution of higher education licensed by the Board of Higher Education; a public school operated by a local school district; a private vocational school; or a nonpublic school satisfying the State's compulsory attendance requirements;

"Recycled paper" means any paper having a total weight consisting of not less than 50% secondary waste paper material and with not less than 10% of its total weight consisting of post-consumer waste material;

"Recycled paper product" means any paper product consisting of not less than 50% secondary waste paper material and with not less than 10% of its total weight consisting of post-consumer waste material;

"Recycled product" or "product made from recycled material" means any nonpaper item or commodity which is manufactured or produced in whole or in part from post-consumer waste material;

"Recycling center" means any facility designed and operated solely for receiving, storing, processing or transferring source separated recyclable materials; except that "recycling center" shall not include a scrap [processing] metal shredding facility;

"Recycling services" means the services provided by persons engaging in the business of recycling, including the collection, transportation, processing, storage, purchase, sale or disposition, or any combination thereof, of recyclable materials;

"Residue" means any solid waste generated as a result of processing source separated recyclable materials at a recycling center;

"Scrap [processing] metal shredding facility" means a commercial industrial facility designed and operated for receiving, storing, processing and transferring scrap automobiles, appliances or other source separated, nonputrescible ferrous and nonferrous metal, which materials are purchased by the owner or operator thereof, and which are altered or reduced in volume or physical characteristics onsite by mechanical methods, including but not limited to baling, cutting, torching, crushing, or shredding, for the purposes of resale for remelting, refining, smelting or remanufacturing into raw materials or products;

"Secondary waste material" means waste material generated after the completion of a manufacturing process;

"Secondary waste paper material" means paper waste generated after the completion of a paper making process, such as envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls and mill wrappers; except that secondary waste paper material shall not include fibrous waste generated during the manufacturing process, such as fibers recovered from waste water or trimmings of paper machine rolls, fibrous byproducts of harvesting, extractive or woodcutting processes, or forest residue such as bark, or mill broke;

"Source separated recyclable materials" means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling;

"Source separation" or "source separated" means the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling; "Vegetative food waste" means food processing waste from materials such as fruits, vegetables and grains, and similar vegetable food waste materials;

"Vegetative waste composting facility" means a solid waste facility which is designed and operated for the purpose of composting leaves, either exclusively or in combination with other vegetative wastes authorized by the department;

"Yard trimmings" means grass clippings, leaves and brush.

(cf: P.L.1994, c.122, s.1)

42. Section 3 of P.L.1987, c.102 (C.13:1E-99.13) is amended to read as follows:

3. a. Each county shall[, no later than October 20, 1987 and after consultation with each municipality within the county,] prepare and adopt a district recycling plan to implement the State Recycling Plan goals. Each district recycling plan shall be adopted as an amendment to the 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.) and subject to the approval of the department.

b. Each district recycling plan required pursuant to this section shall include, but need not be limited to:

(1) Designation of a district recycling coordinator;

(2) Designation of the recyclable materials to be source separated in each municipality which shall include, in addition to leaves, at least three other recyclable materials separated from the municipal solid waste stream;

(3) Designation of the strategy for the collection, marketing and disposition of designated source separated recyclable materials in each municipality;

(4) Designation of recovery targets in each municipality to achieve the maximum feasible recovery of recyclable materials from the municipal solid waste stream which shall include, at a minimum, the following schedule:

(a) The recycling of at least 15% of the total municipal solid waste stream by December 31, 1989;

(b) The recycling of at least 25% of the total municipal solid waste stream by December 31, 1990; and

(c) The recycling of at least 50% of the total municipal solid waste stream, including yard waste and vegetative waste, by December 31, 1995; and

(5) Designation of countywide recovery targets to achieve the maximum feasible recovery of recyclable materials from the total solid waste stream which shall include, at a minimum, the recycling of at least 60% of the total solid waste stream by December 31, 1995.

For the purposes of this subsection, "total municipal solid waste stream" means the sum of the municipal solid waste stream disposed of as solid waste, as measured in tons, plus the total number of tons of recyclable materials recycled; and "total solid waste stream" means the aggregate amount of solid waste generated within the boundaries of any county from all sources of generation, including the municipal solid waste stream.

c. [Each district recycling plan, in designating a strategy for the collection, marketing and disposition of designated recyclable materials in each municipality, shall accord priority consideration to persons engaging in the business of recycling or otherwise lawfully providing recycling services on behalf of a county or municipality on January 1, 1986, if that person continues to provide recycling services prior to the adoption of the plan and that person has not discontinued these services for a period of 90 days or more between January 1, 1986, and the date on which the plan is adopted.]

Each district recycling plan may be modified after adoption pursuant to a procedure set forth in the adopted plan as approved by the department.

d. A district recycling plan may be modified to require that each municipality within the county revise the ordinance adopted pursuant to subsection b. of section 6 of P.L.1987, c.102 (C.13:1E-99.16) to provide for the source separation and collection of used dry cell batteries as a designated recyclable material.

e. Each district recycling plan shall be modified to reflect a revised strategy for the collection, marketing and disposition of designated recyclable materials in any municipality within the county based on any municipal solid waste services agreement entered into between the municipality and any person, public authority or county pursuant to section 8 of P.L. , c. (C. )(pending in the Legislature as

this bill).

(cf: P.L.1992, c.167)

43. Section 4 of P.L.1987, c.102 (C.13:1E-99.14) is amended to read as follows:

4. a. Each county [shall, within six months of the adoption and approval by the department of the district recycling plan required pursuant to section 3 of this amendatory and supplementary act,] or public authority as defined in section 3 of P.L. , c. (C. ) (pending in the Legislature as this bill) may solicit proposals from, review the qualifications of, and enter into contracts or agreements on behalf of municipalities with persons providing recycling services or operating recycling centers for the collection, storage, processing, and disposition of recyclable materials designated in the district recycling plan [in those instances where these services are not otherwise provided by the municipality, interlocal service agreement or joint service program, or other private or public recycling program operator], subject to the provisions of section 8 of P.L. , c. (C. ) (pending in the Legislature as this bill).

b. [In the event that a county is unable to enter into contracts or otherwise execute agreements to market specific designated recyclable materials in order to achieve the designated recovery targets set forth in the district recycling plan, the county may petition the department for a temporary exemption from the provisions of subsection a. of this section for these specified materials. The department is authorized to grant, deny or conditionally grant the exemption. If the exemption is denied, the department shall assist the county in identifying and securing markets for the recyclable materials designated in the district recycling plan. Any exemption granted by the department shall not exceed one year in duration, and shall be granted or renewed only upon a finding that the county has made a good faith effort to identify and secure markets for its recyclable materials. Each county shall continue to solicit those recycling services necessary to achieve the maximum feasible recovery targets in each municipality as set forth in the district recycling plan.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1987, c.102, s.4)

44. Section 6 of P.L.1987, c.102 (C.13:1E-99.16) is amended to read as follows:

6. Each municipality in this State shall[, within 30 days of the effective date of this amendatory and supplementary act,] designate one or more persons as the municipal recycling coordinator. Each municipality shall establish and implement a municipal recycling program in accordance with the following requirements [and schedule]:

a. [Within six months of the adoption by the county and approval by the department of the district recycling plan required pursuant to section 3 of this amendatory and supplementary act, each] Each municipality shall provide for a collection system for the recycling of the recyclable materials designated in the district recycling plan as may be necessary to achieve the designated recovery targets set forth in the plan in those instances where a recycling collection system is not otherwise provided for by the generator or by the county, interlocal service agreement or joint service program, or other private or public recycling program operator.

b. The governing body of each municipality shall[, if it has not already done so, within 30 days of the effective date of any contracts or agreements entered into by the county or other local government unit to market one or more of the specific designated recyclable materials as required pursuant to section 4 of this amendatory and supplementary act,] adopt an ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, in addition to leaves, the specified recyclable materials for which markets have been secured and, unless recycling is otherwise provided for by the generator, place these specified recyclable materials for collection in the manner provided by the ordinance.

c. The governing body of each municipality shall, [within 30 days of the effective date of the ordinance adopted pursuant to subsection b. of this section and] at least once every 36 months [thereafter], conduct a review and make necessary revisions to the master plan and development regulations adopted pursuant to P.L. 1975, c. 291 (C. 40:55D-1 et seq.), which revisions shall reflect changes in federal, State, county and municipal laws, policies and objectives concerning the collection, disposition and recycling of designated recyclable materials.

The revised master plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance adopted pursuant to subsection b. of this section, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.

d. The governing body of a municipality may exempt persons occupying commercial and institutional premises within its municipal boundaries from the source separation requirements of the ordinance adopted pursuant to subsection b. of this section if those persons have otherwise provided for the recycling of the recyclable materials designated in the district recycling plan from solid waste generated at those premises. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator annually shall provide written documentation to the municipality of the total number of tons recycled.

e. The governing body of each municipality shall, on or before July 1, 1988 and on or before July 1 of each year thereafter, submit a recycling tonnage report to the New Jersey Office of Recycling in accordance with rules and regulations adopted by the department therefor.

f. The governing body of each municipality shall, [within six months of the effective date of the ordinance adopted pursuant to subsection b. of this section and] at least once every six months [thereafter], notify all persons occupying residential, commercial, and institutional premises within its municipal boundaries of local recycling opportunities, and the source separation requirements of the ordinance. In order to fulfill the notification requirements of this subsection, the governing body of a municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.

(cf: P.L.1987, c.102, s.6)

45. Section 41 of P.L.1987, c.102 (C.13:1E-99.34) is amended to read as follows:

41. a. [Notwithstanding the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any other law, rule or regulation to the contrary, no] No owner or operator of a recycling center as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12) shall be required by the department to obtain a registration statement, engineering design approval, or approval of an environmental and health impact statement prior to the commencement of operations.

b. No recycling center shall receive, store, process or transfer any [waste] recyclable material other than Class A recyclable material, including source separated nonputrescible [or source separated commingled nonputrescible] metal, glass, paper, or plastic containers, and corrugated and other cardboard without the prior approval of the department.

No recycling center shall receive, store, process or transfer any Class B recyclable material unless the owner or operator thereof has received prior approval of the department therefor.

No recycling center shall receive, store, process or transfer any Class C recyclable material unless the owner or operator thereof has received prior approval of the department therefor.

No recycling center for Class D recyclable material shall receive, store, process or transfer any used oil unless the owner or operator thereof has received prior approval of the department therefor.

(cf: P.L.1987, c.102, s.41)

46. Section 10 of P.L.1981, c.306 (C.13:1E-109) is amended to read as follows:

10. a. The owner or operator of every sanitary landfill facility shall deposit, on a monthly basis in an interest-bearing account with an accredited financial institution, an amount equal to $1.00 per ton of all solid waste accepted for disposal during the preceding month at the sanitary landfill facility. In the event that any solid waste is measured, upon acceptance for disposal, by other than tons, the amount to be deposited shall be calculated by using the equivalents thereof as shall be determined by the division.

The account established pursuant to this subsection shall constitute an escrow account for the closure of the particular sanitary landfill facility, and no withdrawals therefrom may be made without written approval of the department, except as otherwise authorized by the department.

[b.] Any owner or operator of a sanitary landfill facility who shall fail to deposit funds into an escrow account, as provided herein, or uses those funds for any purpose other than closing costs, as approved by the department, shall be guilty of a crime of the third degree.

b. The owner or operator of every sanitary landfill facility shall submit for approval to the department a closure plan prepared in accordance with the rules and regulations adopted by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.306 (C.13:1E-100 et seq.).

Any owner or operator of a sanitary landfill facility who shall fail to prepare or submit for approval to the department a closure plan, as provided herein, shall be guilty of a crime of the third degree.

c. [The Board of Public Utilities] Any owner or operator of a sanitary landfill facility may[, in accordance with the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.), issue an appropriate order increasing current tariffs established pursuant to law for the solid waste disposal operations] collect an additional, separate charge from users of a sanitary landfill facility as may be necessary to purchase general liability insurance, including environmental impairment liability insurance, or to create a self-insurance fund sufficient to meet anticipated present and future obligations for the closure and post-closure period.

Any additional revenues specifically collected for this insurance or fund shall be deposited in the escrow account established pursuant to subsection a. of this section for the closure of the sanitary landfill facility and shall be withdrawn only for the purchase of insurance or the payment of claims or claims costs made against the owner or operator of the sanitary landfill facility, as authorized by the department.

No withdrawals from an escrow account shall be made for insurance costs, claims or claims costs unless [and until the board issues an appropriate order increasing the relevant tariff to provide specifically for these costs] authorized by the department.

(cf: P.L.1987, c.347, s.2)

47. Section 2 of P.L.1985, c.38 (C.13:1E-137) is amended to read as follows:

2. As used in [this amendatory and supplementary act] the provisions of P.L.1985, c.38 (C.13:1E-136 et seq.):

[a.] "Contract file" means a file established and maintained by a contracting unit, in which the contracting unit shall maintain a copy of its request for qualifications issued pursuant to section 19 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154), a list of vendors responding to its request for qualifications, a copy of its request for proposals issued pursuant to section 20 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-155), a list of qualified vendors submitting proposals, and a document outlining the general criteria used by the contracting unit in selecting a proposal;

[b.] "Contracting unit" means any county; any municipality; any bistate authority; or any board, commission, committee, authority or agency, which is not a State board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project, or facility, included or operating in whole or in part, within the territorial boundaries of any county or municipality, which exercises functions which are appropriate for the exercise by one or more units of local government, and public authority which has statutory power to [make purchases and] enter into contracts or agreements [for the performance of any work or the furnishing or hiring of any materials or supplies usually required] for the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility;

[c.] "County" means any county of this State of whatever class;

[d.] "Department" means the Department of Environmental Protection;

[e.] "Director" means the Director of the Division of Taxation in the Department of Treasury;

[f.] "District" means a solid waste management district as designated by section 10 of P.L.1975, c.326 (C.13:1E-19), except that, as used in the provisions of [this amendatory and supplementary act] sections 3 through 17 of P.L.1985, c.38 (C.13:1E-138 through 13:1E-152), "district" shall not include the Hackensack Meadowlands District;

[g.] "District investment tax fund" means a District Resource Recovery Investment Tax Fund established pursuant to subsection a. of section 15 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-150);

[h.] "Division" means the Division of Taxation in the Department of Treasury;

[i.] "Division of Local Government Services" means the Division of Local Government Services in the Department of Community Affairs;

[j. "Division of Rate Counsel" means the Division of Rate Counsel in the Department of the Public Advocate;]

[k "Franchise" means the exclusive right to control and provide for the disposal of solid waste, except for recyclable material whenever markets for those materials are available, within a district or districts as awarded by the Board of Public Utilities;]

[l.] "Independent public accountant" means a certified public accountant, a licensed public accountant or a registered municipal accountant;

[m.] "Investment tax" means the resource recovery investment tax imposed pursuant to subsection b. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138);

[n.] "Investment tax fund" means the Resource Recovery Investment Tax Fund containing sub-accounts for each county established pursuant to the provisions of section 14 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-149);

[o.] "Out-of-district solid waste" means any solid waste accepted for disposal in a district which was generated outside the receiving district;

[p.] "Person or party" means any individual, public or private corporation, company, partnership, firm, association, political subdivision of this State, or any State, bistate, or interstate agency or authority;

[q.] "Proposed contract" means a contract negotiated by a contracting unit pursuant to the provisions of [this amendatory and supplementary act, or a substantial renegotiation of a contract approved pursuant to the provisions of this amendatory and supplementary act if the renegotiation is determined to be substantial by the department, the Board of Public Utilities, or the Division of Local Government Services] P.L.1985, c.38 (C.13:1E-136 et al.);

"Public authority" means any municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.); pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.), or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law;

[r.] "Qualified vendor" means any person or party financially qualified for, and technically and administratively capable of, undertaking the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility or of providing resource recovery services, as provided in section 19 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154);

[s.] "Recyclable material" means those materials which would otherwise become solid waste, which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;

[t.] "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;

[u. "Recycling facility" means a facility at which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;]

[v.] "Resource recovery facility" 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; or a mechanized composting facility, or any other solid waste facility [constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production];

[w.] "Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste;

[x.] "Services tax" means the solid waste services tax imposed pursuant to subsection a. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138);

[y.] "Services tax fund" means the Solid Waste Services Tax Fund established pursuant to section 12 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-147);

[z.] "Vendor" means any person or party proposing to undertake the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility or of providing resource recovery services;

[aa.] "Waste importation tax" means the solid waste importation tax imposed pursuant to subsection c. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138).

(cf: P.L.1985, c.38, s.2)

48. Section 28 of P.L.1985, c.38 (C.13:1E-163) is amended to read as follows:

28. a. Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-162), the department shall approve or conditionally approve the proposed contract submitted for review by the contracting unit pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.). The department shall approve the proposed contract if it finds that the terms of the proposed contract are consistent with the district solid waste management plan adopted pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) by the [solid waste] district to be served under the terms of the proposed contract. If the department conditionally approves the proposed contract, it shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit to the department a revised proposed contract. If the department determines that the revisions are substantial, the contracting unit shall hold a public hearing on the revisions pursuant to the provisions of section 26 and section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-161 and 13:1E-162). In the alternative, the district solid waste management plan may be amended pursuant to law so as to be consistent with the terms of the proposed contract.

b. Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-162), the Division of Local Government Services shall approve or conditionally approve the proposed contract submitted by the contracting unit pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.). The division shall approve the proposed contract if it finds in writing that the terms of the proposed contract are in compliance with the provisions of section 29 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-164), [and] that the terms of the proposed contract will result in the provision of services or facilities necessary for the health, safety, welfare, convenience or betterment of the recipients or users of these services or facilities, that the terms and provisions of the proposed contract are not unreasonable, exorbitant or impracticable, would not impose an undue and unnecessary financial burden on the citizens residing in or served by the contracting unit, and will not materially impair the ability of the contracting unit to punctually pay the principal and interest on its outstanding indebtedness and to supply other essential public improvements and services, except that the division, in its review of the proposed contract, shall be bound by any applicable findings or determinations of the Local Finance Board made pursuant to the provisions of subsection d. of N.J.S.40A:2-7 or section 7 of P.L.1983, c.313 (C.40A:5A-7). If the division conditionally approves the proposed contract, it shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit to the division a revised proposed contract. If the division determines that revisions are substantial, the contracting unit shall hold a public hearing on the revisions pursuant to the provisions of section 26 and section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-161 and 13:1E-162).

c. [Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of this amendatory and supplementary act, the Board of Public Utilities shall approve or conditionally approve the proposed contract submitted by the contracting unit pursuant to the provisions of this amendatory and supplementary act. The board shall approve the proposed contract if it finds in writing that the terms of the proposed contract are in the public interest. If the board conditionally approves the proposed contract it shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit to the board a revised proposed contract. If the board determines that the revisions are substantial, the contracting unit shall hold a public hearing on the revisions pursuant to the provisions of section 26 and section 27 of this amendatory and supplementary act. In reviewing and approving the contract, the Board of Public Utilities shall not determine a rate base for, or otherwise regulate the tariffs or return of, the proposed resource recovery facility. The board shall not, thereafter, conduct any further review of the contract.] (Deleted by amendment, P.L. , c. )

d. [Notwithstanding the provisions of subsection c. of this section, all parties to any contract may request the board to determine a rate base for the proposed resource recovery facility, in which case the board may make that determination and the terms of any contract so approved shall remain subject to the continuing jurisdiction of the board.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1985, c.38, s.28)

49. Section 33 of P.L.1985, c.38 (C.13:1E-168) is amended to read as follows:

33. a. (1) The department may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.).

(2) The department shall adopt rules and regulations for the engineering design of resource recovery facilities, to include a requirement that state-of-the-art air emission technology be installed to control the emission of hydrocarbons, particulates, dioxins, nitrogen oxides, carbon monoxide, heavy metals, hydrochloric acid, sulfur oxides and other acid gases and pollutants from each resource recovery facility which is expected to emit these pollutants.

b. [The Board of Public Utilities may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this amendatory and supplementary act.] (Deleted by amendment, P.L. , c. )

c. The Division of Local Government Services may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.).

(cf: P.L.1985, c.38, s.33)

50. Section 8 of P.L.1985, c.368 (C.13:1E-176) is amended to read as follows:

8. [It] The provisions of any other law, or of any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, it shall remain the continuing responsibility of the owner or operator of every sanitary landfill facility to [insure] ensure that the rates or charges received at the sanitary landfill facility[, whether or not these rates or charges are subject to the jurisdiction of the Board of Public Utilities pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.),] will provide sufficient revenues for all costs, including closure and post-closure costs, as identified and defined in rules and regulations adopted by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.306 (C.13:1E-100 et seq.), likely to be incurred by the sanitary landfill facility.

In order to [insure] ensure the integrity of financial planning for closure, the owner or operator of every sanitary landfill facility[, whether or not the rates or charges received by the facility are subject to the jurisdiction of the Board of Public Utilities,] shall submit for approval to the department [and, where relevant, the board,] a financial plan addressing all aspects of closure. [The owner or operator of every existing sanitary landfill facility for which a registration statement and engineering design have been filed with, and approved by, the department prior to June 1, 1985 shall submit a financial plan for closure within 180 days of the effective date of this act, except that the department, or the board, as the case may be, may grant an extension of up to 180 days, if sufficient reason exists to grant the extension. The owner or operator of every new sanitary landfill facility for which a registration statement and engineering statement have been filed with the department subsequent to June 1, 1985 shall submit for approval to the department and, where relevant, the board, a financial plan for closure prior to commencement of operations, except that the department, or the board, as the case may be, may grant an extension of up to 180 days, if sufficient reason exists to grant the extension.]

The owner or operator of every sanitary landfill facility shall submit for approval to the department a financial plan for closure prepared in accordance with the rules and regulations adopted by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.306 (C.13:1E-100 et seq.).

Any owner or operator of a sanitary landfill facility who shall fail to prepare or submit for approval to the department a financial plan for closure, as provided herein, shall be guilty of a crime of the third degree.

(cf: P.L.1985, c.368, s.8)

51. Section 3 of P.L.1957, c.183 (C.40:14B-3) is amended to read as follows:

3. As used in this act[, unless a different meaning clearly appears from the context]:

(1) "Municipality" shall mean any city of any class, any borough, village, town, township, or any other municipality other than a county or a school district, and except when used in section 4, 5, 6, 11, 12, 13, 42 or 45 of [this act] P.L.1957, c.183 (C.40:14B-4 through 40:14B-6, 40:14B-11 through 40:14B-13, 40:14B-42 or 40:14B-45), any agency thereof or any two or more thereof acting jointly or any joint meeting or other agency of any two or more thereof;

(2) "County" shall mean any county of any class;

(3) "Governing body" shall mean, in the case of a county, the board of chosen freeholders, or in the case of those counties organized pursuant to the provisions of the "Optional County Charter Law" (P.L.1972, c.154; C.40:41A-1 et seq.), the board of chosen freeholders and the county executive, the county supervisor or the county manager, as appropriate, and, in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality;

(4) "Person" shall mean any person, association, corporation, nation, state or any agency or subdivision thereof, other than a county or municipality of the State or a municipal authority;

(5) "Municipal authority" shall mean a public body created or organized pursuant to section 4, 5 or 6 of [this act] P.L.1957, c.183 (C.40:14B-4, 40:14B-5 or 40:14B-6) and shall include a municipal utilities authority created by one or more municipalities and a county utilities authority created by a county;

(6) Subject to the exceptions provided in section 10, 11 or 12 of [this act] P.L.1957, c.183 (C.40:14B-10, 40:14B-11 or 40:14B-12), "district" shall mean the area within the territorial boundaries of the county, or of the municipality or municipalities, which created or joined in or caused the creation or organization of a municipal authority;

(7) "Local unit" shall mean the county, or any municipality, which created or joined in or caused the creation or organization of a municipal authority;

(8) "Water system" shall mean the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by a municipal authority or by any person to whom a municipal authority has extended credit for this purpose for the purposes of the municipal authority, including reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, waterworks or sources of water supply, wells, purification or filtration plants or other plants and works, connections, rights of flowage or division, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for the accumulation, supply or distribution of water;

(9) "Sewerage system" shall mean the plants, structures, on-site wastewater systems and other real and personal property acquired, constructed or operated or to be acquired, constructed, maintained or operated by a municipal authority or by any person to whom a municipal authority has extended credit for this purpose for the purposes of the municipal authority, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections, outfalls, compensating reservoirs, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for [the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes] their use or operation;

(10) "Utility system" shall mean a water system, solid waste [system] facilities, sewerage system, or a hydroelectric system or any combination of such facilities or systems, acquired, constructed or operated or to be acquired, constructed or operated by a municipal authority or by any person to whom a municipal authority has extended credit for this purpose;

(11) "Cost" shall mean, in addition to the usual connotations thereof, the cost of planning, acquisition or construction of all or any part of a utility system by or on behalf of a municipal authority and of all or any property, rights, easements, privileges, agreements and franchises deemed by the municipal authority to be necessary or useful and convenient therefor or in connection therewith, including interest or discount on bonds, cost of issuance of bonds, architectural, engineering and inspection costs and legal expenses, cost of financial, professional and other estimates and advice, organization, administrative, operating and other expenses of the municipal authority prior to and during such acquisition or construction, and all such other expenses as may be necessary or incident to the financing, acquisition, construction and completion of [said] the utility system or part thereof and the placing of the same in operation or the disposition of the same, and also such provision or reserves for working capital, operating, maintenance or replacement expenses or for payment or security of principal of or interest on bonds during or after such acquisition or construction as the municipal authority may determine, and also reimbursements to the municipal authority or any county, municipality or other person of any moneys theretofore expended for the purposes of the municipal authority or to any county or municipality of any moneys theretofore expended for or in connection with a utility system, including water supply, solid waste facilities, water distribution, sanitation or hydroelectric facilities; except that, in connection with solid waste facilities, "cost" means, in addition to the aforementioned connotations thereof, any expenses related to: (1) the planning, acquisition or construction of solid waste facilities, including debt service on bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects, or debt service on bonds associated with a refinancing of bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects; (2) the fulfillment of interdistrict agreements or lawfully executed solid waste disposal contracts; (3) the establishment and implementation of solid waste management programs adopted prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill); (4) the payment of solid waste taxes or other payments mandated by State law, rule, directive or order; or (5) the payment of host municipality benefits. As used herein, "cost" shall not include the debt service on the unexpended balance of bond proceeds on bonds or refinancing bonds authorized but not expended prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill);

(12) "Real property" shall mean lands both within or without the State, and improvements thereof or thereon, or any rights or interests therein;

(13) "Construct" and "construction" shall connote and include acts of construction, reconstruction, replacement, extension, improvement and betterment of a utility system;

(14) "Industrial wastes" shall mean liquid or other wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resource, and shall include any chemical wastes or hazardous wastes;

(15) "Sewage" shall mean the water-carried wastes created in and carried, or to be carried, away from, or to be processed by on-site wastewater systems, residences, hotels, apartments, schools, hospitals, industrial establishments, or any other public or private building, together with such surface or ground water and industrial wastes and leachate as may be present;

(16) "On-site wastewater system" means any of several facilities, septic tanks or other devices, used to collect, treat, reclaim, or dispose of wastewater or sewage on or adjacent to the property on which the wastewater or sewage is produced, or to convey such wastewater or sewage from said property to such facilities as the authority may establish for its disposal;

(17) "Pollution" means the condition of water resulting from the introduction therein of substances of a kind and in quantities rendering it detrimental or immediately or potentially dangerous to the public health, or unfit for public or commercial use;

(18) "Bonds" shall mean bonds or other obligations issued pursuant to [this act] the provisions of P.L.1957, c.183 (C.40:14B-1 et seq.);

(19) "Service charges" shall mean water service charges, solid waste [service] charges, sewer service charges, hydroelectric service charges or any combination of such charges, as said terms are defined in section 21 or 22 of [this act] P.L.1957, c.183 (C.40:14B-21 or 40:14B-22) or in section 7 of [this amendatory and supplementary act] P.L.1980, c.34 (C.40:14B-21.1);

(20) "Compensating reservoir" shall mean the structures, facilities and appurtenances for the impounding, transportation and release of water for the replenishment in periods of drought or at other necessary times of all or a part of waters in or bordering the State diverted into a utility system operated by a municipal authority;

(21) "Sewage authority" shall mean a public body created pursuant to the Sewerage Authorities Law (P.L.1946, c.138) or the acts amendatory thereof or supplemental thereto;

(22) "County sewer authority" shall mean a sanitary sewer district authority created pursuant to the act entitled "An act relating to the establishment of sewerage districts in first- and second-class counties, the creation of Sanitary Sewer District Authorities by the establishing of such districts, prescribing the powers and duties of any such authority and of other public bodies in connection with the construction of sewers and sewage disposal facilities in any such district, and providing the ways and means for paying the costs of construction and operation thereof," approved April 23, 1946 (P.L.1946, c.123), or the acts amendatory thereof or supplemental thereto;

(23) "Chemical waste" shall mean a material normally generated by or used in chemical, petrochemical, plastic, pharmaceutical, biochemical or microbiological manufacturing processes or petroleum refining processes, which has been selected for waste disposal and which is known to hydrolize, ionize or decompose, which is soluble, burns or oxidizes, or which may react with any of the waste materials which are introduced into the landfill, or which is buoyant on water, or which has a viscosity less than that of water or which produces a foul odor. Chemical waste may be either hazardous or nonhazardous;

(24) "Effluent" shall mean liquids which are treated in and discharged by sewage treatment plants;

(25) "Hazardous wastes" shall mean any waste or combination of waste which poses a present or potential threat to human health, living organisms or the environment. "Hazardous waste" shall include, but not be limited to, waste material that is toxic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable;

(26) "Leachate" shall mean a liquid that has been in contact with solid waste and contains dissolved or suspended materials from that solid waste;

(27) ["Recycling"] "Resource recovery" shall mean the [separation,] collection, [processing or] separation, recycling and recovery of metals, glass, paper[, solid waste] and other materials for reuse; or the incineration of solid waste for energy production and [shall include resource recovery] the recovery of metals and other materials for reuse;

(28) "Sludge" shall mean any solid, semisolid, or liquid waste generated from a municipal, industrial or other sewage treatment plant, water supply treatment plant, or air pollution control facility, or any other such waste having similar characteristics and effects; "sludge" shall not include effluent;

(29) "Solid waste" shall mean garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including [sludge, chemical waste, hazardous wastes and] liquids, except for [liquids which are treated in public sewage treatment plants and except for solid animal and vegetable wastes] source separated recyclable materials or source separated food waste collected by [swine] livestock producers [licensed] approved by the State Department of Agriculture to collect, prepare and feed such wastes to [swine] livestock on their own farms;

(30) "Solid waste [system] facilities" shall mean and include the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by [an] , or on behalf of, any person, municipal authority or county pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or by any person to whom a municipal authority has extended credit for this purpose pursuant to the provisions of [this act] P.L.1984, c.178, including transfer stations, incinerators, [recycling] resource recovery facilities, [including facilities for the generation, transmission and distribution of energy derived from the processing of solid waste,] sanitary landfill facilities or other property or plants for the collection, recycling, transfer or disposal of solid waste and all vehicles, equipment and other real and personal property and rights thereon and appurtenances necessary or useful and convenient for the collection, recycling, or disposal of solid waste in a sanitary manner;

(31) "Hydroelectric system" shall mean the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by an authority pursuant to the provisions of [this act] P.L.1980, c.34, including all that which is necessary or useful and convenient for the generation, transmission and sale of hydroelectric power at wholesale;

(32) "Hydroelectric power" shall mean the production of electric current by the energy of moving water;

(33) "Sale of hydroelectric power at wholesale" shall mean any sale of hydroelectric power to any person for purposes of resale of such power;

(34) "Constituent municipality" means any municipality located within the territorial boundaries of a county; any municipality located within the territorial boundaries of a county that has created a municipal authority, or any municipality included within the jurisdiction of a municipal authority pursuant to the provisions of P.L.1957, c.183 (C.40:14B-1 et seq.), or any combination thereof;

(35) "District solid waste facility" means a solid waste facility that is designated by a municipal authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate;

(36) "Environmental investments" means any: (a) solid waste facilities; (b) solid waste management programs; (c) obligation to fulfill interdistrict agreements or lawfully executed solid waste disposal contracts; (d) obligation to pay solid waste taxes or other payments mandated by State law, rule, directive or order; or (e) obligation to pay host municipality benefits;

(37) "Environmental investment charges" means the rates, fees or other charges imposed and collected by a municipal authority for the payment of environmental investment costs;

(38) "Environmental investment costs" means the cost of environmental investments;

(39) "Host municipality benefits" means the payment of annual economic benefits made to host municipalities required pursuant to section 19 of P.L.1975, c.326 (C.13:1E-28), section 2 of P.L.1987, c.449 (C.13:1E-28.1), P.L.1994, c.27 (C.13:1E-28.3) or section 40 of P.L.1985, c.38 (C.48:13A-5.1);

(40) "Interdistrict agreement" means a contract or agreement entered into between the concerned boards of chosen freeholders, the Hackensack Commission, any person, municipal authority, or any combination thereof, for the shared use of district solid waste facilities;

(41) "Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.

(42) "Municipal solid waste services agreement" means a contract or agreement entered into between any person, municipal authority or county and a municipal governing body for the use of a district solid waste facility by the municipality for the disposal of solid waste generated within its municipal boundaries;

(43) "Recycling" shall mean any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;

(44) "Responsible solid waste generator" means any property owner, tenant or occupant of any single-family residential dwelling or multi-family multiple dwelling, or the owner, tenant or occupant of any industrial, commercial or institutional building or structure located within the boundaries of any municipality, who generates solid waste at those premises;

(45) "Resource recovery facility" 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; or a mechanized composting facility, or any other solid waste facility;

(46) "Resource recovery services" means any services provided by the owner or operator of a resource recovery facility, including but not limited to, solid waste disposal; the utilization of a resource recovery facility for the disposal of out-of-county solid waste; the disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility; the utilization of a sanitary landfill facility for the disposal of solid waste due to downtime or technical failure at a resource recovery facility; or any combination thereof;

(47) "Solid waste management program" means any program established by, or on behalf of, a municipal authority for sanitary landfill facility closure, enforcement, household hazardous waste management, recycling or other purposes related to the implementation of 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.) or a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13);

(48) "Solid waste taxes" means the taxes imposed pursuant to section 5 of P.L.1981, c.306 (C.13:1E-104) or section 3 of P.L.1985, c.38 (C.13:1E-138);

(49) "Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a registered solid waste haulage vehicle, including a rail car, for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal.

(cf: P.L.1984, c.178, s.1)

52. Section 19 of P.L.1957, c.183 (C.40:14B-19) is amended to read as follows:

19. [(a)] a. The purposes of every municipal authority shall be (1) the provision and distribution of an adequate supply of water for the public and private uses of the local units, and their inhabitants, within the district, [and] (2) the relief of waters in or bordering the State from pollution arising from causes within the district and the relief of waters in, bordering or entering the district from pollution or threatened pollution, and the consequent improvement of conditions affecting the public health, (3) the provision of sewage collection and disposal service within or without the district,[and] (4) the provision of water supply and distribution service in such areas without the district as are permitted by the provisions of this act, [and] (5) the provision of solid waste disposal services [and] or solid waste facilities within or without the district in a manner consistent with the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) and in conformance with the district solid waste management plans adopted by the solid waste management districts created therein, [and] (6) the generation, transmission and sale of hydroelectric power at wholesale, and (7) the operation and maintenance of utility systems owned by other governments located within the district through contracts with [said] those governments.

b. (1) Every municipal authority is authorized to establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established pursuant to subsection e. of this section for the collection of environmental investment charges, or the provisions of any interdistrict agreements, municipal solid waste services agreements, contracts or instruments executed in connection with the implementation of a district solid waste management plan or use of any district solid waste facility.

(2) Any municipal authority is authorized to exercise the enforcement powers conferred on local boards of health or county health departments pursuant to the provisions of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) and section 9 of P.L.1970, c.39 (C.13:1E-9), and may exercise these powers directly in the manner provided by the aforementioned acts to local boards of health or county health departments, for the purposes of enforcing the provisions of the system established pursuant to subsection e. of this section for the collection of environmental investment charges.

[(b)] c. Every municipal authority is hereby authorized, subject to the limitations of [this act] P.L.1957, c.183 (C.40:14B-1 et seq.), to acquire, in its own name but for the local unit or units, by purchase, gift, condemnation or otherwise, lease as lessee, and, notwithstanding the provisions of any charter, ordinance or resolution of any county or municipality to the contrary, to construct, maintain, operate and use such reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping and ventilating stations, treatment, purification and filtration plants or works, trunk, intercepting and outlet sewers, water distribution systems, waterworks, sources of water supply and wells at such places within or without the district, such compensating reservoirs within a county in which any part of the district lies, and such other plants, structures, boats and conveyances, as in the judgment of the municipal authority will provide an effective and satisfactory method for promoting purposes of the municipal authority.

[(c)] d. Every municipal authority is hereby authorized and directed, when in its judgment its sewerage system or any part thereof will permit, to collect from any and all public systems within the district all sewage and treat and dispose of the same in such manner as to promote purposes of the municipal authority.

e. Every municipal authority is hereby authorized to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the municipal authority.

A municipal authority may enter into an agreement with the governing body of the county wherein the district solid waste facility is located providing for the assumption by the county of the responsibility for the collection of environmental investment charges.

Environmental investment charges may be imposed and collected by a municipal authority or county: (1) as the environmental investment cost component of a consolidated bill comprised of solid waste disposal charges and environmental investment charges collected from users at the district solid waste facility; (2) as a separate bill to all previous users of the district solid waste facility; (3) as a separate bill to the constituent municipality or county for inclusion as an item in the municipal budget or county budget, or any combination thereof, for the payment of environmental investment costs; or (4) in any other manner reasonably established by the municipal authority or county. f. Environmental investment charges may be collected by a municipal authority or county, without limitation, from:

(1) every responsible solid waste generator included within the jurisdiction of the municipal authority or county, regardless of whether a particular responsible solid waste generator utilizes the district solid waste facility for solid waste disposal, through the implementation of a unit charge based upon: (a) the average annual amount of solid waste generated by a particular responsible solid waste generator, as measured in tons or cubic yards, during the previous five years; (b) the average annual amount of solid waste accepted for disposal at the district solid waste facility from a particular responsible solid waste generator, as measured in tons or cubic yards, during the previous five years; or (c) any other criteria reasonably established by the municipal authority or county;

g. A municipal authority or county that intends to establish a system for the collection of environmental investment charges shall hold a public hearing thereon at least 20 days after notice of the proposed system has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed system and the time and place of the public hearing in at least two newspapers of general circulation within the county.

(2) At the public hearing, the municipal authority or county shall explain the proposed billing mechanism for the collection of environmental investment charges and shall answer questions raised by prospective payers, including responsible solid waste generators, constituent municipalities and other interested parties. The municipal authority or county shall identify and explain during the public hearing the environmental investment costs to be recovered through the imposition and collection of environmental investment charges.

(3) The municipal authority or county shall produce a verbatim record of the public hearing. The record of the public hearing shall be kept open for a period of seven days following the conclusion of the hearing, during which time interested parties may submit written statements to be included in the hearing report. The municipal authority or county shall prepare a written hearing report, which shall include a written summary of the proposed system, the verbatim record of the public hearing, written statements submitted by interested parties, and a statement prepared by the municipal authority or county summarizing the major issues raised at the public hearing and the municipal authority's or county governing body's specific responses to those issues. The municipal authority or county shall make copies of the hearing report available to interested parties, upon request, at a cost not to exceed the actual cost of printing or copying.

(4) The governing body of the municipal authority or county that intends to establish a system for the collection of environmental investment charges shall adopt a resolution establishing the proposed system. The resolution may be introduced at the first meeting of the governing body of the municipal authority or county held after the public hearing on the proposed system, and shall acknowledge that the law requires a public hearing to be held prior to the implementation of the system pursuant to the provisions of subsection d. of section 15 of P.L.1977, c.384 (C.40:14B-22.1).

h. Every municipal authority, or county that has assumed responsibility for the collection of environmental investment charges pursuant to subsection e. of this section, as appropriate, shall, within six months of the effective date of P.L. , c. (C. )(pending in the Legislature as this bill), and at least once every twelve months thereafter, submit a report to the Local Finance Board related to environmental investment costs of the municipal authority or county. The report shall summarize individual schedules of outstanding debt related to the environmental investment costs incurred by the municipal authority or county, including the status of: installment requirements for the payment of interest and principal on bonds; plans to refund or refinance bonds; an updated environmental investment cost recovery analysis; and proposed debt service coverage options.

(cf: P.L.1980, c.34, s.6)

53. Section 20 of P.L.1957, c.183 (C.40:14B-20) is amended to read as follows:

20. Every municipal authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and essential governmental functions to provide for the public health and welfare and shall have perpetual succession and have the following powers:

(1) To adopt and have a common seal and to alter the same at pleasure;

(2) To sue and be sued;

(3) In the name of the municipal authority and on its behalf, to acquire, hold, use and dispose of its service charges and other revenues and other moneys;

(4) In the name of the municipal authority but for the local unit or units, to acquire, rent, hold, lease as lessor, use and dispose of other personal property for the purposes of the municipal authority;

(5) In the name of the municipal authority but for the local unit or units and subject to the limitations of this act, to acquire by purchase, gift, condemnation or otherwise, or lease as lessee, real property and easements therein, necessary or useful and convenient for the purposes of the municipal authority, and subject to mortgages, deeds of trust or other liens, or otherwise, and to hold, lease as lessor, and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the municipal authority;

(6) To produce, develop, purchase, accumulate, distribute and sell water and water services, facilities and products within or without the district, provided that no water shall be sold at retail in any municipality without the district unless the governing body of [such] the municipality shall have adopted a resolution requesting the municipal authority to sell water at retail in [such] the municipality, and the [board of public utility commissioners] Board of Public Utilities shall have approved [such] the resolution as necessary and proper for the public convenience;

(7) To provide for and secure the payment of any bonds and the rights of the holders thereof, and to purchase, hold and dispose of any bonds;

(8) To accept gifts or grants of real or personal property, money, material, labor or supplies for the purposes of the municipal authority, and to make and perform such agreements and contracts as may be necessary or convenient in connection with the procuring, acceptance or disposition of such gifts or grants;

(9) To enter on any lands, waters or premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the municipal authority, and whenever the operation of a septic tank or other component of an on-site wastewater system shall result in the creation of pollution or contamination source on private property such that under the provisions of R.S.26:3-49, a local board of health would have the authority to notify the owner and require said owner to abate the same, representatives of an authority shall have the power to enter, at all reasonable times, any premises on which [such] the pollution or contamination source shall exist, for the purpose of inspecting, rehabilitating, securing samples of any discharges, improving, repairing, replacing, or upgrading [such] the septic tank or other component of an on-site wastewater system;

(10) To establish an inspection program to be performed at least once every three years on all on-site wastewater systems installed within the district which inspection program shall contain the following minimum notice provisions: (i) not less than 30 days prior to the date of the inspection of any on-site wastewater system as described herein, the authority shall notify the owner and resident of the property that the inspection will occur; and (ii) not less than 60 days prior to the date of the performance of any work other than an inspection, the municipal authority shall provide notice to the owner and resident of the property in which the work will be performed. The notice to be provided to such owner and resident under this subsection shall include a description of the deficiency which necessitates the work and the proposed remedial action, and the proposed date for beginning and duration of the contemplated remedial action;

(11) To prepare and file in the office of the municipal authority records of all inspections, rehabilitation, maintenance, and work, performed with respect to on-site wastewater disposal systems;

(12) To make and enforce bylaws or rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of the utility system and any other of its properties, and to amend the same;

(13) To do and perform any acts and things authorized by [this act] the provisions of P.L.1957, c.183 (C.40:14B-1 et seq.) under, through or by means of its own officers, agents and employees, or by contracts with any person;

(14) To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the municipal authority or to carry out any power expressly given in [this act] the provisions of P.L.1957, c.183 (C.40:14B-1 et seq.) subject to "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.); [and]

(15) To extend credit or make loans to any person for the planning, designing, acquiring, constructing, reconstructing, improving, equipping, furnishing, and operating by that person of any part of [a solid waste system] solid waste facilities, or a sewage treatment system, wastewater treatment or collection system for the provision of services and facilities within or without the district, which in the case of [a solid waste system] solid waste facilities shall be in a manner consistent with the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) and in conformance with the district solid waste management plans adopted by the solid waste management districts created therein. The credits or loans may be secured by loan and security agreements, mortgages, leases and any other instruments, upon [such] the terms as the authority shall deem reasonable, including provision for the establishment and maintenance of reserve and insurance funds, and to require the inclusion in any mortgage, lease, contract, loan and security agreement or other instrument, provisions for the construction, use, operation and maintenance and financing of that part of the aforementioned systems as the municipal authority may deem necessary or desirable;

(16) To calculate, charge and collect environmental investment charges to recover the environmental investment costs of the municipal authority; and

(17) To establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established pursuant to subsection e. of section 19 of P.L.1957, c.183 (C.40:14B-19) for the collection of environmental investment charges, or the provisions of any interdistrict agreements, municipal solid waste services agreements, contracts or instruments executed in connection with the implementation of a district solid waste management plan or use of any district solid waste facility.

(cf: P.L.1984, c.178, s.2)

54. Section 15 of P.L.1977, c.384 (C.40:14B-22.1) is amended to read as follows:

15. a. Every municipal authority is hereby authorized to calculate, charge and collect rents, rates, fees or other charges ([in this act sometimes] hereinafter referred to as "solid waste [service] charges") for the use or services of [the solid waste system] solid waste facilities acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, the municipal authority. [Such] The solid waste [service] charges may be charged to and collected from any constituent municipality or any person contracting for such use or services or from the owner or occupant, or both of them, of any real property from or on which originates or has originated any solid waste to be [treated by] disposed at the solid waste [system] facilities of the municipal authority, and the owner of any such real property shall be liable for and shall pay [such] the solid waste [service] charges to the municipal authority at the time when and place where [such] the solid waste [service] charges are due and payable.

[Such rents, rates, fees and]

b. The solid waste charges, being in the nature of use or service charges, shall as nearly as the municipal authority shall deem practicable and equitable be uniform throughout the county for the same type, class and amount of use or service of the solid waste [system] facilities, except as permitted by section 1 of P.L.1992, c.215 (C.40:14B-22.2), and may be based or computed on any factors determining the type, class and amount of use or service of the solid waste [system] facilities, and may give weight to the characteristics of the solid waste and any other special matter affecting the cost of [treatment and disposal of the same] solid waste collection, disposal or recycling.

Any person, municipal authority or county that entered into an interdistrict agreement with another county or public authority as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill) for the shared use of district solid waste facilities prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) may provide for a reduction of the solid waste charges due and payable under the terms and conditions of the interdistrict agreement for the out-of-county solid waste accepted for disposal at the district solid waste facility from the sending county or public authority whenever the sending county or public authority agrees to the payment of environmental investment charges on a voluntary basis.

c. In the event that the environmental investment charges of a municipal authority or county pursuant to subsection e. of section 19 of P.L.1957, c.183 (C.40:14B-19) with regard to any parcel of real property owned by any person shall not be paid as and when due, the unpaid balance thereof, and all interest accruing thereon, shall be a lien on the parcel. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee or other person except the lien of municipal taxes and shall be on a parity with and deemed equal to the lien on the parcel of the municipality wherein the parcel is situated for taxes thereon due in the same year and not paid as and when due. Whenever the environmental investment charges, and any interest accrued thereon, shall have been fully paid to the municipal authority or county, the lien shall be promptly withdrawn or canceled by the municipal authority or county.

The collector or other officer of every municipality charged by law with the duty of enforcing municipal liens on real property shall enforce, in the same manner as with any other municipal lien on real property in the municipality, all environmental investment charges and the lien thereof shown in any statement filed with the collector or officer by a municipal authority or county pursuant to the provisions of this subsection, and shall pay over to the municipal authority or county the sums or a pro rata share of the sums realized upon the enforcement or liquidation of any property acquired by the municipality by virtue of the enforcement action.

In the event that the environmental investment charges of a municipal authority or county shall not be paid as and when due, notwithstanding any other remedies available to the municipal authority or county, the unpaid balance thereof, and any interest accrued thereon, together with attorney's fees and costs, may be recovered by the municipal authority or county in a civil action, and any lien on real property for the environmental investment charges, and any interest accrued thereon, may be foreclosed or otherwise enforced by the municipal authority or county by action or suit in equity as for the foreclosure of a mortgage on the real property.

All rights and remedies provided in this subsection for the collection and enforcement of environmental investment charges shall be cumulative and concurrent.

d. Upon the establishment of a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the municipal authority or county, but prior to the implementation thereof, the municipal authority or county shall hold a public hearing thereon at least 20 days after notice of the proposed implementation has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed implementation and the time and place of the public hearing in at least two newspapers of general circulation within the county.

(cf: P.L.1992, c.215, s.3)

55. Section 23 of P.L.1957, c.183 (C.40:14B-23) is amended to read as follows:

23. a. Every municipal authority shall prescribe and from time to time when necessary revise a schedule of all its service charges, which may provide a single rent, rate, fee or charge for any of its utility charges and which shall comply with the terms of any contract of the municipal authority and may be such that the revenues of the municipal authority will at all times be adequate to pay the expenses of operation and maintenance of the utility system, including reserves, insurance, extensions, and replacements, and to pay the principal of and interest on any bonds and to maintain such reserves or sinking funds therefor as may be required by the terms of any contract of the municipal authority or as may be deemed necessary or desirable by the municipal authority.

[Said] b. The schedule shall thus be prescribed and from time to time revised by the municipal authority after public hearing thereon which shall be held by the municipal authority at least 20 days after notice of the proposed adjustment is mailed to the clerk of each municipality serviced by the municipal authority and publication of notice of the proposed adjustment of the service charges and of the time and place of the public hearing in at least two newspapers of general circulation in the area serviced by the municipal authority. The municipal authority shall provide evidence at the hearing showing that the proposed adjustment of the service charges is necessary and reasonable, and shall provide the opportunity for cross-examination of persons offering such evidence, and a transcript of the hearing shall be made and a copy thereof shall be available upon request to any interested party at a reasonable fee. The municipal authority shall likewise fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for periods of not more than one year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the municipal authority and shall at all reasonable times be open to public inspection.

c. Notwithstanding the foregoing, the provisions of this section shall not apply to the environmental investment charges authorized and collected pursuant to subsection e. of section 19 of P.L.1957, c.183 (C.40:14B-19).

(cf: P.L.1960, c.183, s.15)

56. Section 2 of P.L.1960, c.183 (C.40:37A-45) is amended to read as follows:

2. As used in this act[, unless a different meaning clearly appears from the context]:

(a) "Authority" shall mean a public body created pursuant to [this act] the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.);

(b) "Bond resolution" shall have the meaning ascribed thereto in section 17 of P.L.1960, c.183 (C.40:37A-60);

(c) "Bonds" shall mean bonds, notes or other obligations issued pursuant to [this act] the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.);

(d) "Construct" and "construction" shall connote and include acts of clearance, demolition, construction, development or redevelopment, reconstruction, replacement, extension, improvement and betterment; (e) "Cost" shall mean, in addition to the usual connotations thereof, the cost of planning, acquisition or construction of all or any part of any public facility or facilities of an authority and of all or any property, rights, easements, privileges, agreements and franchises deemed by the authority to be necessary or useful and convenient therefor or in connection therewith, including interest or discount on bonds, cost of issuance of bonds, architectural, engineering and inspection costs and legal expenses, cost of financial, professional and other estimates and advice, organization, administrative, operating and other expenses of the authority prior to and during such acquisition or construction, and all such other expenses as may be necessary or incident to the financing, acquisition, construction and completion of such public facility or facilities or part thereof and the placing of the same fully in operation or the disposition of the same, and also such provision or reserves for working capital, operating, maintenance or replacement expenses or for payment or security of principal of or interest on bonds during or after such acquisition or construction as the authority may determine, and also reimbursements to the authority or any governmental unit or person of any moneys theretofore expended for the purposes of the authority; except that, in connection with solid waste facilities, "cost" means, in addition to the aforementioned connotations thereof, any expenses related to: (1) the planning, acquisition or construction of solid waste facilities, including debt service on bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects, or debt service on bonds associated with a refinancing of bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects; (2) the fulfillment of interdistrict agreements or lawfully executed solid waste disposal contracts; (3) the establishment and implementation of solid waste management programs adopted prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill); (4) the payment of solid waste taxes or other payments mandated by State law, rule, directive or order; or (5) the payment of host municipality benefits. As used herein, "cost" shall not include the debt service on the unexpended balance of bond proceeds on bonds or refinancing bonds authorized but not expended prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill);

(f) The term "county" shall mean any county of any class of the State and shall include, without limitation, the terms "the county" and "beneficiary county" defined in this [act] section, and the term "the county" shall mean the county which created an authority pursuant to [this act] the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.);

(g) "Development project" shall mean any lands, structures, or property or facilities acquired or constructed or to be acquired or constructed by an authority for the purposes of the authority described in subsection (e) of section 11 of P.L.1960, c.183 (C.40:37A-54);

(h) "Facility charges" shall have the meaning ascribed to said term in section 14 of P.L.1960, c.183 (C.40:37A-57);

(i) "Facility revenues" shall have the meaning ascribed to said term in subsection (e) of section 20 of P.L.1960, c.183 (C.40:37A-63);

(j) "Governing body" shall mean, in the case of a county, the board of chosen freeholders, or in the case of a county operating under article 3 or 5 of the "Optional County Charter Law" (P.L.1972, c.154; C.40:41A-1 et seq.) as defined thereunder, and, in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality;

(k) "Governmental unit" shall mean the United States of America or the State or any county or municipality or any subdivision, department, agency, or instrumentality heretofore or hereafter created, designated or established by or for the United States of America or the State or any county or municipality;

(l) "Local bond law" shall mean chapter 2 of Title 40A, Municipalities and Counties, of the New Jersey Statutes (N.J.S.) as amended and supplemented;

(m) "Municipality" shall mean any city, borough, village, town, or township of the State but not a county or a school district;

(n) "Person" shall mean any person, partnership, association, corporation or entity other than a nation, state, county or municipality or any subdivision, department, agency or instrumentality thereof;

(o) "Project" shall have the meaning ascribed to said term in section 17 of P.L.1960, c.183 (C.40:37A-60);

(p) "Public facility" shall mean any lands, structures, franchises, equipment, or other property or facilities acquired, constructed, owned, financed, or leased by the authority or any other governmental unit or person to accomplish any of the purposes of an authority authorized by section 11 of P.L.1960, c.183 (C.40:37A-54);

(q) "Real property" shall mean lands within or without the State, above or below water, and improvements thereof or thereon, or any riparian or other rights or interests therein;

(r) "[Garbage and solid waste disposal system] Solid waste facilities" shall mean the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, county or a county improvement authority pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the [treatment and] transfer or disposal of [garbage,] solid waste [and refuse matter] and all other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection [and treatment], recycling or disposal of solid waste in a sanitary manner [of garbage, solid waste and refuse matter (but not including sewage)];

(s) "[Garbage, solid] Solid waste [or refuse matter]" shall mean garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including [sludge, chemical waste, hazardous wastes and] liquids, [except for liquids which are treated in public sewage treatment plants and] except for [solid animal and vegetable wastes] source separated recyclable materials or source separated food waste collected by [swine] livestock producers [licensed] approved by the State Department of Agriculture to collect, prepare and feed such wastes to [swine] livestock on their own farms;

(t) "Blighted, deteriorated or deteriorating area" may include an area determined heretofore by the municipality to be blighted in accordance with the provisions of P.L.1949, c.187, repealed by P.L.1992, c.79 (C.40:55-21.1 et seq.) and, in addition, areas which are determined by the municipality, pursuant to the same procedures as provided in said law, to be blighted, deteriorated or deteriorating because of structures or improvements which are dilapidated or characterized by disrepair, lack of ventilation or light or sanitary facilities, faulty arrangement, location, or design, or other unhealthful or unsafe conditions;

(u) "Redevelopment" may include planning, replanning, conservation, rehabilitation, clearance, development and redevelopment; and the construction and rehabilitation and provision for construction and rehabilitation of residential, commercial, industrial, public or other structures and the grant or dedication or rededication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, parks, playgrounds, or other public purposes including recreational and other facilities incidental or appurtenant thereto, in accordance with a redevelopment plan approved by the governing body of a municipality;

(v) "Redevelopment plan" shall mean a plan as it exists from time to time for the redevelopment of all or any part of a redevelopment area, which plan shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, conservation or rehabilitation as may be proposed to be carried out in the area of the project, zoning and planning changes, if any, land uses, maximum densities, building requirements, the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and provision for relocation of any residents and occupants to be displaced in a manner which has been or is likely to be approved by the Department of Community Affairs pursuant to the "Relocation Assistance Law of 1967," P.L.1967, c.79 (C.52:31B-1 et seq.) and the "Relocation Assistance Act," P.L.1971, c.362 (C.20:4-1 et seq.) and rules and regulations pursuant thereto;

(w) "Redevelopment project" shall mean any undertakings and activities for the elimination, and for the prevention of the development or spread, of blighted, deteriorated, or deteriorating areas and may involve any work or undertaking pursuant to a redevelopment plan; such undertaking may include: (1) acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon; (2) carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements; and (3) installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements necessary for carrying out the objectives of the redevelopment project;

(x) "Redeveloper" shall mean any person or governmental unit that shall enter into or propose to enter into a contract with an authority for the redevelopment of an area or any part thereof under the provisions of [this act] P.L.1960, c.183 (C.40:37A-44 et seq.);

(y) "Redevelopment area" shall mean an area of a municipality which the governing body thereof finds is a blighted area or an area in need of rehabilitation whose redevelopment is necessary to effectuate the public purposes declared in [this act] the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.). A redevelopment area may include lands, buildings, or improvements which of themselves are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary, with or without change in their condition, for the effective redevelopment of the area of which they are a part;

(z) ["Sludge" shall mean any solid, semisolid, or liquid waste generated from a municipal, industrial or other sewage treatment plant, water supply treatment plant, or air pollution control facility, or any other such waste having similar characteristics and effects, but shall not include effluent; and] (Deleted by amendment, P.L. , c. ) (pending in the Legislature as this bill)

(aa) "Beneficiary county" shall mean any county that has not created an authority pursuant to [this act]the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.);

(bb) "Constituent municipality" means any municipality located within the territorial boundaries of a county; any municipality located within the territorial boundaries of a county that has created an authority, or any municipality included within the jurisdiction of an authority pursuant to the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.), or any combination thereof;

(cc) "District solid waste facility" means a solid waste facility that is designated by an authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate;

(dd) "Environmental investments" means any: (a) solid waste facilities; (b) solid waste management programs; (c) obligation to fulfill interdistrict agreements or lawfully executed solid waste disposal contracts; (d) obligation to pay solid waste taxes or other payments mandated by State law, rule, directive or order; or (e) obligation to pay host municipality benefits;

(ee) "Environmental investment charges" means the rates, fees or other charges imposed and collected by an authority for the payment of environmental investment costs;

(ff) "Environmental investment costs" means the cost of environmental investments;

(gg) "Host municipality benefits" means the payment of annual economic benefits made to host municipalities required pursuant to section 19 of P.L.1975, c.326 (C.13:1E-28), section 2 of P.L.1987, c.449 (C.13:1E-28.1), P.L.1994, c.27 (C.13:1E-28.3) or section 40 of P.L.1985, c.38 (C.48:13A-5.1);

(hh) "Interdistrict agreement" means a contract or agreement entered into between the concerned boards of chosen freeholders, the Hackensack Commission, any person, an authority, or any combination thereof, for the shared use of district solid waste facilities;

(ii) "Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs;

(jj) "Municipal solid waste services agreement" means a contract or agreement entered into between any person, an authority or county and a municipal governing body for the use of a district solid waste facility by the municipality for the disposal of solid waste generated within its municipal boundaries;

(kk) "Resource recovery facility" 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; or a mechanized composting facility, or any other solid waste facility;

(ll) “Resource recovery services” means any services provided by the owner or operator of a resource recovery facility, including but not limited to, solid waste disposal; the utilization of a resource recovery facility for the disposal of out-of-county solid waste; the disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility; the utilization of a sanitary landfill facility for the disposal of solid waste due to downtime or technical failure at a resource recovery facility; or any combination thereof;

(mm) "Responsible solid waste generator" means any property owner, tenant or occupant of any single-family residential dwelling or multi-family multiple dwelling, or the owner, tenant or occupant of any industrial, commercial or institutional building or structure located within the boundaries of any municipality, who generates solid waste at those premises;

(nn) "Solid waste management program" means any program established by, or on behalf of, an authority for sanitary landfill facility closure, enforcement, household hazardous waste management, recycling or other purposes related to the implementation of 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.) or a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13);

(oo) "Solid waste taxes" means the taxes imposed pursuant to section 5 of P.L.1981, c.306 (C.13:1E-104) or section 3 of P.L.1985, c.38 (C.13:1E-138);

(pp) "Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a registered solid waste haulage vehicle, including a rail car, for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal.

(cf: P.L.1994, c.76, s.1)

57. Section 11 of P.L.1960, c.183 (C.40:37A-54) is amended to read as follows:

11. The purposes of every authority shall be (a) provision within the county or any beneficiary county of public facilities for use by the State, the county or any beneficiary county, or any municipality in any such county, or any two or more or any subdivisions, departments, agencies or instrumentalities of any of the foregoing for any of their respective governmental purposes, including the authority to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority, (b) provision within the county or any beneficiary county of public facilities for use as convention halls, or the rehabilitation, improvement or enlargement of any convention hall, including appropriate and desirable appurtenances located within the convention hall or near, adjacent to or over it within boundaries determined at the discretion of the authority, including but not limited to office facilities, commercial facilities, community service facilities, parking facilities, hotel facilities and other facilities for the accommodation and entertainment of tourists and visitors, (c) provision within the county or any beneficiary county of structures, franchises, equipment and facilities for operation of public transportation or for terminal purposes, including development and improvement of port terminal structures, facilities and equipment for public use in counties in, along or through which a navigable river flows, (d) provision within the county or any beneficiary county of structures or other facilities used or operated by the authority or any governmental unit in connection with, or relative to development and improvement of, aviation for military or civilian purposes, including research in connection therewith, and including structures or other facilities for the accommodation of passengers, (e) provision within the county or any beneficiary county of a public facility for a combination of governmental and nongovernmental uses; provided that not more than 50% of the usable space in any such facility shall be made available for nongovernmental use under a lease or other agreement by or with the authority, (f) acquisition of any real property within the county or any beneficiary county, with or without the improvements thereof or thereon or personal property appurtenant or incidental thereto, from the United States of America or any department, agency or instrumentality heretofore or hereafter created, designated or established by or for it, and the clearance, development or redevelopment, improvement, use or disposition of the acquired lands and premises in accordance with the provisions and for the purposes stated in this act, including the construction, reconstruction, demolition, rehabilitation, conversion, repair or alteration of improvements on or to said lands and premises, and structures and facilities incidental to the foregoing as may be necessary, convenient or desirable, (g) acquisition, construction, maintenance and operation of [garbage and solid waste disposal systems] solid waste facilities for the purpose of collecting [and], disposing or recycling of [garbage,]solid waste [or refuse matter], whether owned or operated by any person, the authority or any other governmental unit, within or without the county or any beneficiary county, including the establishment and implementation of a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority, and establishment and implementation of a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established for the collection of environmental investment charges pursuant to section 14 of P.L.1960, c.183 (C.40:37A-57), (h) the improvement, furtherance and promotion of the tourist industries and recreational attractiveness of the county or any beneficiary county through the planning, acquisition, construction, improvement, maintenance and operation of facilities for the recreation and entertainment of the public, which facilities may include, without being limited to, a center for the performing and visual arts, (i) provision of loans and other financial assistance and technical assistance for the construction, reconstruction, demolition, rehabilitation, conversion, repair or alteration of buildings or facilities designed to provide decent, safe and sanitary dwelling units for persons of low and moderate income in need of housing, including the acquisition of land, equipment or other real or personal properties which the authority determines to be necessary, convenient or desirable appurtenances, all in accordance with the provisions of this act, as amended and supplemented, (j) planning, initiating and carrying out redevelopment projects for the elimination, and for the prevention of the development or spread of blighted, deteriorated or deteriorating areas and the disposition, for uses in accordance with the objectives of the redevelopment project, of any property or part thereof acquired in the area of such project, (k) any combination or combinations of the foregoing or following, and (l) subject to the prior approval of the Local Finance Board, the planning, design, acquisition, construction, improvement, renovation, installation, maintenance and operation of facilities or any other type of real or personal property within the county or any beneficiary county for a corporation or other person organized for any one or more of the purposes described in subsection a. of N.J.S.15A:2-1 except those facilities or any other type of real or personal property which can be financed pursuant to the provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) as amended.

(cf: P.L.1994, c.110, s.1)

58. Section 12 of P.L.1960, c.183 (C.40:37A-55) is amended to read as follows:

12. Every authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and essential governmental functions to provide for the public convenience, benefit and welfare and shall have perpetual succession and, for the effectuation of its purposes, have the following additional powers:

(a) To adopt and have a common seal and to alter the same at pleasure;

(b) To sue and be sued;

(d) To acquire, rent, hold, use and dispose of other personal property for the purposes of the authority;

(e) Subject to the provisions of section 26 of [this act] P.L.1960, c.183 (C.40:37A-69), to acquire by purchase, gift, condemnation or otherwise, or lease as lessee, real property and easements or interests therein necessary or useful and convenient for the purposes of the authority, whether subject to mortgages, deeds of trust or other liens or otherwise, and to hold and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the authority; provided that the authority may dispose of such property at any time to any governmental unit or person if the authority shall receive a leasehold interest in the property for such term as the authority deems appropriate to fulfill its purposes;

(f) Subject to the provisions of section 13 of [this act] P.L.1960, c.183 (C.40:37A-56), to lease to any governmental unit or person, all or any part of any public facility for such consideration and for such period or periods of time and upon such other terms and conditions as it may fix and agree upon;

(g) To enter into agreements to lease, as lessee, public facilities for such term and under such conditions as the authority may deem necessary and desirable to fulfill its purposes, and to agree, pursuant thereto, to be unconditionally obligated to make payments for the term of the lease, without set-off or counterclaim, whether or not the public facility is completed, operating or operable, and notwithstanding the destruction of, damage to, or suspension, interruption, interference, reduction or curtailment of the availability or output of the public facility to which the agreement applies;

(h) To extend credit or make loans to any governmental unit or person for the planning, design, acquisition, construction, equipping and furnishing of a public facility, upon the terms and conditions that the loans be secured by loan and security agreements, mortgages, leases and other instruments, the payments on which shall be sufficient to pay the principal of and interest on any bonds issued for the purpose by the authority, and upon such other terms and conditions as the authority shall deem reasonable;

(i) Subject to the provisions of section 13 of [this act] P.L.1960, c.183 (C.40:37A-56), to make agreements of any kind with any governmental unit or person for the use or operation of all or any part of any public facility for such consideration and for such period or periods of time and upon such other terms and conditions as it may fix and agree upon;

(j) To borrow money and issue negotiable bonds or notes or other obligations and provide for and secure the payment of any bonds and the rights of the holders thereof, and to purchase, hold and dispose of any bonds;

(k) To apply for and to accept gifts or grants of real or personal property, money, material, labor or supplies for the purposes of the authority from any governmental unit or person, and to make and perform agreements and contracts and to do any and all things necessary or useful and convenient in connection with the procuring, acceptance or disposition of such gifts or grants;

(l) To determine the location, type and character of any public facility and all other matters in connection with all or any part of any public facility which it is authorized to own, construct, establish, effectuate or control;

(m) To make and enforce bylaws or rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of any public facility, and to amend the same;

(n) To do and perform any acts and things authorized by [this act] the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.) under, through or by means of its own officers, agents and employees, or by contract with any governmental unit or person;

(o) To acquire, purchase, construct, lease, operate, maintain and undertake any project and to fix and collect facility charges for the use thereof;

(p) To mortgage, pledge or assign or otherwise encumber all or any portion of its revenues and other income, real and personal property, projects and facilities for the purpose of securing its bonds, notes and other obligations or otherwise in furtherance of the purpose of [this act] P.L.1960, c.183 (C.40:37A-44 et seq.);

(q) To extend credit or make loans to redevelopers for the planning, designing, acquiring, constructing, reconstructing, improving, equipping and furnishing any redevelopment project or redevelopment work;

(r) To conduct examinations and investigations, hear testimony and take proof, under oath at public or private hearings of any material matter, require the attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of the State, unable to attend, or excused from attendance;

(s) To authorize a committee designated by it consisting of one or more members, or counsel, or any officer or employee to conduct any such investigation or examination, in which case such committee, counsel, officer or employee shall have power to administer oaths, take affidavits and issue [subpenas] subpoenas or commissions; [and]

(t) To establish and implement a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority;

(u) To establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established for the collection of environmental investment charges; and

(v) To enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the authority or to carry out any power expressly given in [this act] the provisions of P.L.1960, c.183 (C.40:37A-44 et seq.) subject to P.L.1971, c.198, "Local Public Contracts Law" (C.40A:11-1 et seq.).

(cf: P.L.1982, c.113, s.8)

59. Section 13 of P.L.1960, c.183 (C.40:37A-56) is amended to read as follows:

13. (1) Whenever an authority after investigation and study shall plan to undertake any public facility or facilities (other than a development project or redevelopment project) for the purposes of the authority, the authority shall make to the governing body of the county and if the public facility or facilities (including a development project or redevelopment project) benefit any beneficiary county, to the governing body of any such beneficiary county a detailed report dealing with the proposed public facility or facilities. Notwithstanding any other provision of [this act] P.L.1960, c.183 (C.40:37A-44 et seq.), the authority shall not construct or acquire such public facility or facilities (other than a development project or redevelopment project within the county which created the authority), or make any lease or other agreement relating to use by any governmental unit or person of all or any part of any such public facility or facilities for a term in excess of five years, until there has been filed with the authority a copy of a resolution adopted by the governing body of the county and, if applicable, by any beneficiary county, certified by its clerk, describing such public facility or facilities in terms sufficient for reasonable identification and consenting to the construction or acquisition thereof by the authority or the making of such leases or other agreements.

(2) Unless otherwise required by any agreement of the authority with holders of its bonds, no authority shall sell any part of a development project or make any lease or other agreement relating to use by any governmental unit or person of said part for a term in excess of five years (A) Until the Commissioner of Community Affairs (hereinafter called the "commissioner") has approved a plan (hereinafter called, with respect to such part, the "development plan") prepared by the authority which provides an outline for the development of said part sufficient, in the opinion of the commissioner: (i) to indicate its relationship to appropriate land uses in the area and proper traffic, public transportation, public utility, recreational and community facilities, and other public improvements, (ii) to indicate proposed land uses and building requirements and restrictions in said part, and (iii) to provide reasonable assurance that said part will not be in danger of becoming a blighted area and will be developed in a manner reasonably designed in the public interest to encourage industrial, commercial, residential or other proper uses thereof or restore or increase employment opportunities for residents of the State; or (B) Unless such sale, lease or other agreement, in the opinion of the authority, is necessary or desirable in order to effectuate and carry out the said development plan.

(3) Every authority shall have power, subject to the provisions of subsection (2) of this section, to sell or otherwise dispose of all or any part of any development project or to lease the same to any governmental unit or person or make agreement of any kind with any governmental unit or person for the use or operation thereof, for such consideration and for such period or periods of time and upon such other terms and conditions as it may fix and agree upon. In the exercise of such power, the authority may make any land or structure in the development project available for use by private enterprise or governmental units in accordance with the development plan at its use value, being the value (whether expressed in terms of rental or capital price) at which the authority determines such land or structure should be made available in order that it may be developed or used for the purpose or purposes specified in such plan. In order to assure that land or other property included in the development project is developed or used in accordance with the development plan, the authority, upon the sale, lease or other disposition of such land or property, shall obligate purchasers, lessees or other users: (A) to use the land or property for the purpose designated in such plan, (B) to begin the building or installation of their improvements or other property (if any), and to complete the same, within such periods of time as the authority may fix as reasonable, and (C) to comply with such other conditions as are necessary or desirable to carry out the purposes stated in this act. Any such obligations imposed on a purchaser of land shall be covenants and conditions running with the land where the authority so stipulates.

(4) Notwithstanding the foregoing, the provisions of this section shall not apply to the establishment and implementation of a system to calculate, charge and collect environmental investment charges as authorized pursuant to section 14 of P.L.1960, c.183 (C.40:37A-57).

(cf: P.L.1994, c.76, s.5)

60. (New section) a. An authority or county that intends to establish a system for the collection of environmental investment charges shall hold a public hearing thereon at least 20 days after notice of the proposed system has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed system and the time and place of the public hearing in at least two newspapers of general circulation within the county.

(2) At the public hearing, the authority or county shall explain the proposed billing mechanism for the collection of environmental investment charges and shall answer questions raised by prospective payers, including responsible solid waste generators, constituent municipalities and other interested parties. The authority or county shall identify and explain during the public hearing the environmental investment costs to be recovered through the imposition and collection of environmental investment charges.

(3) The authority or county shall produce a verbatim record of the public hearing. The record of the public hearing shall be kept open for a period of seven days following the conclusion of the hearing, during which time interested parties may submit written statements to be included in the hearing report. The authority or county shall prepare a written hearing report, which shall include a written summary of the proposed system, the verbatim record of the public hearing, written statements submitted by interested parties, and a statement prepared by the authority or county summarizing the major issues raised at the public hearing and the authority's or county governing body's specific responses to those issues. The authority or county shall make copies of the hearing report available to interested parties, upon request, at a cost not to exceed the actual cost of printing or copying.

b. The governing body of the authority or county that intends to establish a system for the collection of environmental investment charges shall adopt a resolution establishing the proposed system. The resolution may be introduced at the first meeting of the governing body of the authority or county held after the public hearing on the proposed system, and shall acknowledge that the law requires a public hearing to be held prior to the implementation of the system pursuant to the provisions of subsection e. of section 14 of P.L.1960, c.183 (C.40:37A-57).

61. Section 14 of P.L.1960, c.183 (C.40:37A-57) is amended to read as follows:

14. a. Every authority is hereby authorized to calculate, charge and collect tolls, rents, rates, fares, fees or other charges (in this act sometimes referred to as "facility charges") in connection with, or for the use or services of, or otherwise relating to, any public facility or other property owned, leased or controlled by the authority. If the public facility is a [system of] solid waste [disposal] facility, including, but not limited to, a resource recovery facility, recycling [plant] center or transfer station owned, leased or controlled by the authority, the authority may charge and collect in connection with that [system] solid waste facility from any governmental unit included within the jurisdiction of the authority or any governmental unit which contracts for service with that authority, or from any person utilizing the solid waste facility, or from any owner or occupant of any real property situated in a constituent municipality or in a municipality which contracts for service with that authority. [Such] The facility charges may be charged to and collected from any governmental unit or person and [such] the governmental unit or person shall be liable for and shall pay [such] the facility charges to the authority at the time when and place where [such] the facility charges are due and payable.

Any person, authority or county that entered into an interdistrict agreement with another county or public authority as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill) for the shared use of district solid waste facilities prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) may provide for a reduction of the solid waste charges due and payable under the terms and conditions of the interdistrict agreement for the out-of-county solid waste accepted for disposal at the district solid waste facility whenever the sending county or public authority agrees to the payment of environmental investment charges on a voluntary basis.

b. Every authority is hereby authorized to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority.

An authority may enter into an agreement with the governing body of the county wherein the district solid waste facility is located providing for the assumption by the county of the responsibility for the collection of environmental investment charges.

Environmental investment charges may be imposed and collected by an authority or county: (1) as the environmental investment cost component of a consolidated bill comprised of solid waste disposal charges and environmental investment charges collected from users at the district solid waste facility; (2) as a separate bill to all previous users of the district solid waste facility; (3) as a separate bill to the constituent municipality or county for inclusion as an item in the municipal budget or county budget, or any combination thereof, for the payment of environmental investment costs; or (4) in any other manner reasonably established by the authority or county.

c. Environmental investment charges may be collected by an authority or county, without limitation, from:

(1) every responsible solid waste generator included within the jurisdiction of the authority or county, regardless of whether a particular responsible solid waste generator utilizes the district solid waste facility for solid waste disposal, through the implementation of a unit charge based upon: (a) the average annual amount of solid waste generated by a particular responsible solid waste generator, as measured in tons or cubic yards, during the previous five years; (b) the average annual amount of solid waste accepted for disposal at the district solid waste facility from a particular responsible solid waste generator, as measured in tons or cubic yards, during the previous five years; or (c) any other criteria reasonably established by the authority or county;

d. In the event that the environmental investment charges of an authority or county with regard to any parcel of real property owned by any person shall not be paid as and when due, the unpaid balance thereof, and all interest accruing thereon, shall be a lien on the parcel. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee or other person except the lien of municipal taxes and shall be on a parity with and deemed equal to the lien on the parcel of the municipality wherein the parcel is situated for taxes thereon due in the same year and not paid as and when due. Whenever the environmental investment charges, and any interest accrued thereon, shall have been fully paid to the authority or county, the lien shall be promptly withdrawn or canceled by the authority or county.

The collector or other officer of every municipality charged by law with the duty of enforcing municipal liens on real property shall enforce, in the same manner as with any other municipal lien on real property in the municipality, all environmental investment charges and the lien thereof shown in any statement filed with the collector or officer by an authority or county pursuant to the provisions of this subsection, and shall pay over to the authority or county the sums or a pro rata share of the sums realized upon the enforcement or liquidation of any property acquired by the municipality by virtue of the enforcement action.

In the event that the environmental investment charges of an authority or county shall not be paid as and when due, notwithstanding any other remedies available to the authority or county, the unpaid balance thereof, and any interest accrued thereon, together with attorney's fees and costs, may be recovered by the authority or county in a civil action, and any lien on real property for the environmental investment charges, and any interest accrued thereon, may be foreclosed or otherwise enforced by the authority or county by action or suit in equity as for the foreclosure of a mortgage on the real property.

All rights and remedies provided in this subsection for the collection and enforcement of environmental investment charges shall be cumulative and concurrent.

e. Upon the establishment of a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority or county pursuant to subsection c. of this section, but prior to the implementation thereof, the authority or county shall hold a public hearing thereon at least 20 days after notice of the proposed implementation has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed implementation and the time and place of the public hearing in at least two newspapers of general circulation within the county.

f. Every authority, or county that has assumed responsibility for the collection of environmental investment charges pursuant to subsection b. of this section, as appropriate, shall, within six months of the effective date of P.L. , c. (C. )(pending in the Legislature as this bill), and at least once every twelve months thereafter, submit a report to the Local Finance Board related to environmental investment costs of the authority or county. The report shall summarize individual schedules of outstanding debt related to the environmental investment costs incurred by the authority or county, including the status of: installment requirements for the payment of interest and principal on bonds; plans to refund or refinance bonds; an updated environmental investment cost recovery analysis; and

proposed debt service coverage options.

(cf: P.L.1988, c.140, s.1)

62. Section 15 of P.L.1960, c.183 (C.40:37A-58) is amended to read as follows:

15. a. The facility charges fixed, charged and collected by an authority with respect to any public facility shall comply with the terms of any lease or other agreement of the authority with regard to [such] the public facility, and the facility charges fixed, charged and collected by an authority may be so adjusted that the revenues of the authority will at all times be adequate to pay all expenses of the authority, including the expenses of operation and maintenance of any public facility or other property owned or controlled by the authority, including insurance, improvements, replacements, reconstruction and any other required payments, and to pay the principal of and interest on any bonds, and to maintain such reserves or sinking funds for any of the foregoing purposes as may be required by the terms of any lease or other agreement of the authority or as may be deemed necessary or convenient and desirable by the authority.

b. Notwithstanding the foregoing, the provisions of this section shall not apply to the environmental investment charges authorized pursuant to section 14 of P.L.1960, c.183 (C.40:37A-57).

(cf: P.L.1960, c.183, s.15)

63. Section 3 of P.L.1973, c.330 (C.40:37A-100) is amended to read as follows:

3. a. Any solid waste [disposal system] facilities owned or operated by a county improvement authority shall be subject to the provisions of the "Solid Waste Management Act [(1970)]" (P.L.1970, c.39, C.13:1E-1 et seq.), and to any rules and regulations adopted [thereunder] pursuant thereto by the State Department of Environmental Protection.

b. Any county improvement authority is authorized to establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established pursuant to section 14 of P.L.1960, c.183 (C.40:37A-57) for the collection of environmental investment charges, or the provisions of any interdistrict agreements, municipal solid waste services agreements, contracts or instruments executed in connection with the implementation of a district solid waste management plan or use of any district solid waste facility.

c. Any county improvement authority is authorized to exercise the enforcement powers conferred on local boards of health or county health departments pursuant to the provisions of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) and section 9 of P.L.1970, c.39 (C.13:1E-9), and may exercise these powers directly in the manner provided by the aforementioned acts to local boards of health or county health departments, for the purposes of enforcing the provisions of the system established pursuant to section 14 of P.L.1960, c.183 (C.40:37A-57) for the collection of environmental investment charges.

(cf: P.L.1973, c.330, s.3)

64. Section 3 of P.L.1973, c.376 (C.40:37C-3) is amended to read as follows:

3. [In] As used in this act [, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows]:

"Act" means [this] the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.), as supplemented by sections 62 and 63 of P.L. , c. (C.40:37C-5.1 and 40:37C-5.2) (pending in the Legislature as this bill).

"Authority" means a pollution control financing authority created pursuant to [this act] the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.).

"Bonds" means any notes, bonds and other evidences of indebtedness or obligations of any agency.

"Constituent municipality" means any municipality located within the territorial boundaries of a county; any municipality located within the territorial boundaries of a county that has created an authority, or any municipality included within the jurisdiction of an authority pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.), or any combination thereof.

"County" means any county of any class.

"District solid waste facility" means a solid waste facility that is designated by an authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate.

"Governing body" means the board of chosen freeholders.

"Environmental investment charges" means the rates, fees or other charges imposed and collected by an authority for the payment of environmental investment costs.

"Environmental investment costs" means the cost of environmental investments.

"Interdistrict agreement" means a contract or agreement entered into between the concerned boards of chosen freeholders, the Hackensack Commission, any person, an authority, or any combination thereof, for the shared use of district solid waste facilities.

"Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs.

"Municipal solid waste services agreement" means a contract or agreement entered into between a person, an authority or county and a municipal governing body for the use of a district solid waste facility by the municipality for the disposal of solid waste generated within its municipal boundaries.

"Person" means any individual, partnership, firm, company, corporation, public utility, association, trust, estate, or any other legal entity, or their legal representative, agent or assigns.

"Pollution" means any form of environmental pollution deriving from the operation of public utility, industrial, manufacturing, warehousing, commercial, office or research facilities, or deriving from the disposal of solid waste generated at residences, hotels, apartments or any other public or private buildings, including, but not limited to, water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution as determined by the various standards prescribed by this State or the Federal Government and including, but not limited to, anything which is considered as pollution or environmental damage pursuant to the laws, rules and regulations administered by the Department of Environmental Protection as established by P.L.1970, c.33 (C.13:1D-1 et seq.), and any amendments and supplements thereto.

"Pollution control facilities" means any structures, facilities, systems, fixtures, lands and rights in lands, improvements, appurtenances, machinery, equipment or any combination thereof designed and utilized for the purpose of resource recovery and in connection with solid waste disposal, or for the purpose of reducing, abating or preventing pollution, deriving from the operation of public utility, industrial, manufacturing, warehousing, commercial, office or research facilities; and provided that the State Department of Environmental Protection and the governing body of the county certify that any such facility does not conflict with, overlap or duplicate any other planned or existing pollution control facilities undertaken or planned by another public agency or authority.

"Project costs" as applied to pollution control facilities financed under the provisions of this act means the sum total of all reasonable or necessary costs incident to the acquisition, construction, reconstruction, repair, alteration, improvement and extension of such pollution control facilities including, but not limited to, the cost of studies and surveys; plans, specifications, architectural and engineering services; organization, marketing or other special services; legal financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings, fixtures, machinery and equipment; insurance premiums; and all other necessary and incidental expenses including an initial bond and interest reserve together with interest on bonds issued to finance such pollution control facilities to a date 6 months subsequent to the estimated date of completion and such other reserves as may be required by resolution of an agency; except that, in connection with solid waste facilities, "cost" means, in addition to the aforementioned connotations thereof, any expenses related to: (1) the planning, acquisition or construction of solid waste facilities, including debt service on bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects, or debt service on bonds associated with a refinancing of bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) to finance solid waste facilities, including abandoned or canceled solid waste facility projects; (2) the fulfillment of interdistrict agreements or lawfully executed solid waste disposal contracts; (3) the establishment and implementation of solid waste management programs adopted prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill); (4) the payment of solid waste taxes or other payments mandated by State law, rule, directive or order; or (5) the payment of host municipality benefits. As used herein, "cost" shall not include the debt service on the unexpended balance of bond proceeds on bonds or refinancing bonds authorized but not expended prior to the effective date of P.L. , c. (C. ) (pending in the Legislature as this bill).

"Resource recovery" means the collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse; or the incineration of solid waste for energy production and the recovery of metals and other materials for reuse.

"Solid waste facilities" means, and includes, the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, an authority or county pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), or for the benefit or use by any governmental unit or person, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste and all other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection, recycling or disposal of solid waste in a sanitary manner.

"Solid waste management program" means any program established by, or on behalf of, an authority for sanitary landfill facility closure, enforcement, household hazardous waste management, recycling or other purposes related to the implementation of 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.) or a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13).

"Solid waste taxes" means the taxes imposed pursuan to section 5 of P.L.1981, c.306 (C.13:1E-104) or section 3 of P.L.1985, c.38 (C.13:1E-138).

(cf: P.L.1983, c.298, s. 4)

65. Section 4 of P.L.1973, c.376 (C.40:37C-4) is amended to read as follows:

4. a. (1) Any county may create an authority under the provisions of this act which shall be a public body corporate and politic and a political subdivision of the State for the purpose of acquiring, constructing, reconstructing, repairing, altering, improving, extending, owning, leasing, financing, selling, maintaining, operating and disposing of pollution control facilities within such county; provided that, with respect to any pollution control facility which is not engaged in resource recovery, the Department of Environmental Protection certifies that the proposed undertaking of the authority is the proper method of solving the problem under consideration; and provided further that, with respect to any pollution control facility which is engaged in resource recovery, the solid waste facilities, including the resource recovery facility, conforms to the Statewide solid waste management plan and the applicable district solid waste management plan and has an approved registration statement and engineering design pursuant to section 5 of P.L.1970, c.39 (C.13:1E-5).

(2) The purposes of every authority shall include the acquisition, construction, maintenance and operation of solid waste facilities for the purpose of collecting, disposing or recycling of solid waste, whether owned or operated by any person, the authority or any other governmental unit, within or without the county, including the establishment and implementation of a system to calculate, charge and collect environmental investment charges to recover environmental investment costs.

b. The authority shall be created by resolution and shall be known as the "Pollution Control Financing Authority of ," inserting all or any significant part of the name of the county creating the authority. The authority shall constitute an agency and instrumentality of the county creating it.

c. An authority shall consist of five members appointed by resolution of the governing body of the county which created such authority.

Members shall serve for terms of 5 years, provided that the members first appointed shall be designated by the resolution of appointment to serve for terms expiring on the first days of the first, second, third, fourth and fifth Februarys next ensuing after such appointment. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Any vacancy shall be filled in the same manner as the original appointment but for the unexpired term only.

d. The governing body of any county which has created an authority may dissolve the authority by resolution on condition that the authority has no debts or obligations outstanding or that provision has been made for the retirement of such debts or obligations. Upon any such dissolution, all property, funds and assets of the authority shall be vested in the county which created the authority.

e. A certified copy of each resolution creating or dissolving an authority and each resolution appointing members thereto shall be filed in the office of the Secretary of State. A copy of any such certified resolution, certified by or on behalf of the Secretary of State, shall be conclusive evidence of the due and proper creation or dissolution of the authority or the due and proper appointment of the member or members named therein.

f. The powers of an authority shall be vested in the members thereof from time to time and three members shall constitute a quorum. Action may be taken and motions and resolutions adopted by an agency at any meeting thereof by the affirmative vote of at least three members of the authority.

No vacancy in the membership of an authority shall impair the right of a quorum of the members thereof to exercise all the powers and perform all the duties of the authority.

g. At the first meeting of any authority and thereafter on or after February 1 in each year, the members shall elect from among their number a chairman and vice chairman who shall hold office until February 1 next ensuing and until their respective successors have been appointed and qualified. Every authority also may appoint, without regard to the provisions of Title [11 of the Revised] 11A of the New Jersey Statutes, a secretary, treasurer and such other officers, agents and employees as it may require.

h. The members of an authority shall serve without compensation, but the authority shall reimburse its members for actual expenses necessarily incurred in the discharge of their official duties.

i. No member, officer or employee of an authority, nor member of their family, shall have or acquire any interest, direct or indirect in any pollution control facilities undertaken or planned by the authority or in any contract or proposed contract for materials or services to be furnished to or used by the authority, but neither the holding of any office or employment in the government of any county or municipality or under any law of the State shall be deemed a disqualification for membership in or employment by an authority, except as may be specifically provided by law, and members of the governing body of a county may be appointed by such governing body and may serve as members of the authority. A member may be removed only by the governing body by which he was appointed for inefficiency or neglect of duty or misconduct in office or conviction of a crime, and after he shall have been given a copy of the charges against him and, not sooner than 10 days thereafter, had the opportunity in person or by counsel to be heard thereon by such governing body.

(cf: P.L1983, c.298, s.5)

66. Section 5 of P.L.1973, c.376 (C.40:37C-5) is amended to read as follows:

5. The authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:

a. To have perpetual succession as a public body corporate and politic;

b. to adopt bylaws for the regulation of its affairs and the conduct of its business;

c. to sue and to be sued;

d. to have and to use a corporate seal and to alter the same at pleasure;

e. to maintain an office at such place or places within the county as it may designate;

f. to acquire after a public notice has been given at least 20 days prior thereto in a newspaper of general circulation in the area served by the authority, in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper any land and other property which it may determine is reasonably necessary for any of its pollution control facilities;

g. to determine, with the approval of the State Department of Environmental Protection, the location and manner of construction of pollution control facilities to be financed under the provisions of this act, and to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, finance, sell, maintain and dispose of the same and to enter into contracts for any and all of such purposes, and to designate persons as its employees and agents to accomplish the same;

h. to lease to a person or persons any or all of the pollution control facilities upon such terms, conditions and guarantees as the authority shall deem proper, and to charge and collect rent and fees therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee or lessees thereof, and any guarantor of such lease, shall have upon the termination of the lease term options to renew the term of the lease for such period or periods and at such rent as shall be determined by the authority or to purchase any or all of the pollution control facilities for a nominal amount or otherwise or that upon payment of all of the indebtedness incurred by the authority for the financing of such pollution control facilities of the authority may convey any or all of the pollution control facilities to the lessee or lessees thereof;

i. to sell to a person or persons any or all of the pollution control facilities upon such terms and conditions as the authority shall deem proper including the right to receive for such sale the note or notes of the person or persons purchasing the facility;

j. to acquire, hold, pledge, mortgage and dispose of real and personal property in the exercise of its powers and performance of its duties under this act;

k. to invest and reinvest bond proceeds pending application to the purposes for which such bonds were issued and other funds under its control, subject only to the provisions of any bond resolution, lease or other agreement entered into by such authority;

l. to issue bonds in such principal amounts as, in the opinion of such authority, shall be necessary to provide sufficient funds to carry out the purpose of this act, including the planning, financing, acquisition, construction and other project costs of pollution control facilities, the payment of interest on the bonds of the authority, the provision for working capital and all other expenditures of the agency incident to and necessary or convenient for carrying out its purposes and powers and to refund the same, all as provided for in this act;

m. to employ engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents, without regard to the provisions of Title [11 of the Revised] 11A of the New Jersey Statutes, as may be necessary in its judgment and to fix their compensation;

n. to receive and accept from any public agency loans or grants for or in aid of the construction of pollution control facilities and any portion thereof, or for equipping the same, and to receive and accept grants, gifts or other contributions from any source;

o. to refund, after public notice has been given, outstanding obligations incurred by any agency or any person to finance the cost of pollution control facilities, including obligations incurred for pollution control facilities undertaken and completed after the enactment of this act when the authority finds that such financing is in the public interest;

p. to extend credit or make loans to any person in order to pay or provide for the payment of any project costs of a pollution control facility; [and]

q. to do all things necessary and convenient to carry out the purposes of this act

r. to establish and implement a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority; and

s. to establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established for the collection of environmental investment charges.

(cf: P.L.1983, c.298, s.6)

67. (New section) a. An authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) or county that intends to establish a system for the collection of environmental investment charges shall hold a public hearing thereon at least 20 days after notice of the proposed system has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed system and the time and place of the public hearing in at least two newspapers of general circulation within the county.

68. (New section) a. (1) Every authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) is hereby authorized to calculate, charge and collect rates, fees or other charges (hereinafter referred to as "solid waste charges") in connection with, or for the use or services of, or otherwise relating to, any solid waste facilities owned, sold, leased or controlled by the authority, including, but not limited to, any recycling center, resource recovery facility, transfer station or sanitary landfill facility. An authority may charge and collect solid waste charges from any governmental unit included within the jurisdiction of the authority, or any governmental unit which contracts for service with the authority, or from any person utilizing the solid waste facilities of the authority, or from any owner or occupant of any real property situated in a municipality or county which contracts for service with the authority. The solid waste charges may be charged to and collected from any governmental unit or person and the governmental unit or person shall be liable for and shall pay the solid waste charges to the authority at the time when and place where the solid waste charges are due and payable.

(2) Every person, county or authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) that entered into an interdistrict agreement with another county or public authority as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill) for the shared use of district solid waste facilities prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) may provide for a reduction of the solid waste charges due and payable under the terms and conditions of the interdistrict agreement for the out-of-county solid waste accepted for disposal at the district solid waste facility from the sending county or public authority whenever the sending county or public authority agrees to the payment of environmental investment charges on a voluntary basis.

b. Every authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) is hereby authorized to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority.

Environmental investment charges may be collected by an authority or county, without limitation, from:

The collector or other officer of every municipality charged by law with the duty of enforcing municipal liens on real property shall enforce, in the same manner as with any other municipal lien on real property in the municipality, all environmental investment charges and the lien thereof shown in any statement filed with the collector or officer by an authority or county pursuant to the provisions of this subsection, and shall pay over to the authority or county the sums or a pro rata share of the sums realized upon the enforcement or liquidation of any property acquired by the municipality by virtue of the enforcement action.

All rights and remedies provided in this subsection for the collection and enforcement of environmental investment charges shall be cumulative and concurrent.

e. Upon the establishment of a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs of the authority or county, but prior to the implementation thereof, the authority or county shall hold a public hearing thereon at least 20 days after notice of the proposed implementation has been mailed to the clerk of each constituent municipality located within the boundaries of the county wherein the district solid waste facility is located, and after publication of the notice of the proposed implementation and the time and place of the public hearing in at least two newspapers of general circulation within the county.

69. (New section) a. Every solid waste facility owned or operated by, or on behalf of, an authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) shall be subject to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), and to any rules and regulations adopted pursuant thereto by the Department of Environmental Protection.

b. Any county or authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) may establish and implement a program for the inspection of all solid waste collection activities or solid waste disposal operations and a program to enforce the provisions of the system established pursuant to section 61 of P.L. , c. (C. )(pending in the Legislature as this bill) for the collection of environmental investment charges, or the provisions of any interdistrict agreements, contracts or instruments executed in connection with the implementation of a district solid waste management plan or use of any district solid waste facility.

c. Any authority created pursuant to the provisions of P.L.1973, c.376 (C.40:37C-1 et seq.) is authorized to exercise the enforcement powers conferred on local boards of health or county health departments pursuant to the provisions of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) and section 9 of P.L.1970, c.39 (C.13:1E-9), and may exercise these powers directly in the manner provided by the aforementioned acts to local boards of health or county health departments, for the purposes of enforcing the provisions of the system established pursuant to section 61 of P.L. , c. (C. )(pending in the Legislature as this bill) for the collection of environmental investment charges.

70. R.S.40:66-1 is amended to read as follows:

40:66-1. [a.] The governing body may provide for the cleaning of the streets of the municipality, and establish and operate a system therefor; purchase and operate any equipment necessary for the cleaning of the streets; and make, amend, repeal and enforce any ordinances, resolutions, rules or regulations as may be deemed necessary and proper for the establishment, operation and management of a street cleaning system, and the employees connected therewith.

a. The governing body may provide for the collection or disposal of all nonhazardous solid waste or any portion thereof generated within the boundaries of the municipality, and may establish and operate a municipal service system therefor[;].

(1) In the case of single-family residential housing, the municipal service system shall include the provision of regular solid waste collection service;

(2) In the case of multi-family residential housing, the municipal service system may include the provision of regular solid waste collection service;

(3) In the case of any other source of generation within the boundaries of the municipality, the municipal service system may:

(a) include the provision of regular solid waste collection service;

(b) permit the responsible solid waste generator to contract with a solid waste collector on an individual basis for regular solid waste collection service; or

A municipal governing body that establishes a municipal service system for solid waste collection shall adopt a municipal service ordinance pursuant to section 5 of P.L. , c. (C.13:1E-212)(pending in the Legislature as this bill).

The governing body may purchase and operate [the necessary] any equipment necessary for the [cleaning of streets, and for the] collection or disposal of solid waste; and make, amend, repeal and enforce [all such] any ordinances[, resolutions, rules and regulations] as may be deemed necessary and proper for the [introduction] establishment, operation and management of [such] a municipal service system, [and for the maintenance and operation of a solid waste facility,] and the employees connected therewith, subject to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) [and the "Solid Waste Utility Control Act of 1970," P.L.1970, c.40 (C.48:13A-1 et al.), for the disposal of solid waste, and for the government of employees connected therewith].

b. A municipal governing body that establishes a municipal service system for the collection or disposal of solid waste pursuant to subsection a. of this section and section 5 of P.L. , c. (C.13:1E-212) (pending in the Legislature as this bill), in its discretion, may limit the municipal service furnished by it to curbside collection along public streets or roads that have been dedicated to and accepted by the municipality. The municipal governing body may also refuse to enter upon private property to remove solid waste from dumpsters or other solid waste containers. The municipal governing body, in its sole discretion, may choose to reimburse those property owners who do not receive the municipal service, but such reimbursement shall not exceed the cost that would be incurred by the municipality in providing the solid waste collection or disposal service directly. Nothing contained in this subsection shall be deemed to modify the provisions of P.L.1989, c.299 (C.40:67-23.2 et seq.) with respect to qualified private communities.

(cf: P.L.1993, c.6, s.3)

71. Section 6 of P.L.1989, c.244 (C.40:66-1.1) is amended to read as follows:

6. As used in this chapter:

["Proof of collection service" means a written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within a municipality.]

"Department" means the Department of Environmental Protection.

"District solid waste facility" means a solid waste facility that is designated by a public authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate.

"Person” means any individual or business concern.

"Regular solid waste collection service" means the scheduled pick-up and removal of solid waste from [residential, commercial or institutional premises located] a source of generation within the boundaries of any municipality at least once a week.

"Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.

"Solid waste collector" means a person engaged in the collection of solid waste and registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5)

"Solid waste container" means a receptacle, container or bag suitable for the depositing of solid waste.

"Solid waste disposal" means the storage, treatment, utilization, processing, or final disposal of solid waste.

"Solid waste facilities" [mean] means, and [include] includes, the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person [pursuant to the provisions of this] , public authority or county pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

(cf: P.L.1991, c.170, s.4)

72. R.S.40:66-4 is amended to read as follows:

40:66-4. a. The governing body may, if it deem it more advantageous, contract with any person for the cleaning of the streets[, or the collection or disposal of solid waste]. Before making any such contract [or contracts] the governing body shall first adopt specifications for the doing of the work in a sanitary and inoffensive manner.

Any contract for the cleaning of the streets shall be awarded in the manner provided in the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq).

b. The governing body, in its discretion, may:

(3) Permit responsible solid waste generators to contract for the disposal of solid waste on an individual basis with any person, public authority or county lawfully engaged in solid waste disposal;

(5) Any combination thereof.

A municipal governing body that establishes a municipal contract system for solid waste collection shall adopt a municipal contract ordinance pursuant to section 6 of P.L. , c. (C.13:1E-213)(pending in the Legislature as this bill).

Any specifications adopted by the governing body for the collection [or disposal] of solid waste shall conform to the uniform bid specifications for municipal solid waste collection contracts established pursuant to section 22 of P.L.1991, c.381 (C.48:13A-7.22).

Any [such contract or contracts] contract for solid waste collection or solid waste disposal, including a municipal solid waste services agreement, the total amount of which exceeds in the fiscal year the amount set forth in, or the amount calculated by the Governor pursuant to, section 3 of P.L.1971, c.198 (C.40A:11-3), shall be entered into and made only after bids shall have been advertised therefor, and awarded in the manner provided in the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq).

[b.] c. Whenever the governing body adopts an ordinance to provide for the collection or disposal of solid waste within its municipal boundaries by imposing solid waste charges based on the number of solid waste containers processed per [household] residential premises pursuant to subsection b. of R.S.40:66-5, on or after the first day of the 13th month following the effective date of that ordinance, the governing body may request the relevant solid waste collector to whom a multi-year contract has been awarded to renegotiate the contract to reflect any reduction in the annual volume of solid waste collected achieved as a result of the ordinance.

d. Whenever the governing body has entered into a municipal solid waste services agreement with any person, public authority or county for the use of a district solid waste facility and has awarded a contract for regular solid waste collection service to a solid waste collector pursuant to subsection a. of this section, the governing body shall, as a condition of the municipal solid waste collection contract, require the solid waste collector to utilize the district solid waste facility that has been designated by the municipality for the disposal of solid waste pursuant to the terms and conditions of the municipal solid waste services agreement.

e. Whenever the governing body has awarded a contract for the use of a designated out-of-state disposal site to a person lawfully providing solid waste disposal service and has awarded a contract for regular solid waste collection service to a solid waste collector pursuant to subsection a. of this section, the governing body shall, as a condition of the municipal solid waste collection contract, require the solid waste collector to utilize the designated out-of-state disposal site that has been selected by the municipality for the disposal of solid waste pursuant to the terms and conditions of the contract for solid waste disposal.

(cf: P.L.1991, c.381, s.47)

73. R.S.40:66-5 is amended to read as follows:

40:66-5. a. The governing body may provide for the collection or disposal of solid waste generated within its municipal boundaries at the general expense, or if deemed by it more advisable, impose rates, fees or charges (hereinafter referred to as "solid waste charges") to be charged by the municipality for the collection or disposal of solid waste, provide for the manner of payment of the same, and maintain an action at law to recover any moneys due therefor.

b. [Where] Whenever the governing body determines to provide for the collection or disposal of solid waste by imposing solid waste charges on a per container basis, the governing body shall adopt an ordinance to:

(1) Establish a rate schedule of solid waste charges based on the number of solid waste containers processed per [household] residential, commercial or institutional premises; and

(2) Provide [residents] responsible solid waste generators with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.

(cf: P.L.1989, c.244, s.5)

74. Section 2 of P.L.1991, c.54 (C.40:66-9) is amended to read as follows:

2. The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, may [provide by] establish a municipal contract system or a municipal service system for the collection or disposal of solid waste within a solid waste collection district, subject to the approval of the Local Finance Board of the Department of Community Affairs and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). (cf: P.L.1991, c.54, s.2)

75. Section 3 of P.L.1991, c.54 (C.40:66-10) is amended to read as follows:

3. The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, shall, by ordinance and subject to the approval of the Local Finance Board of the Department of Community Affairs, determine the amount of money necessary for the support of the solid waste collection district, including the amount necessary for the collection of environmental investment charges as defined in section 3 of P.L. , c. (C. ) (pending in the Legislature as this bill). The amount so determined shall be assessed on the value of all taxable property within the district and collected as taxes are collected and be controlled and expended by the municipality for the purposes herein specified. The ordinance shall specify that any assessment made pursuant to this section is to be used solely to provide for the support of the solid waste collection district, including the amount necessary for the collection of environmental investment charges as defined in section 3 of P.L. , c. (C. ) (pending in the Legislature as this bill). Any municipality which adopts an ordinance pursuant to this section shall, within 10 days following the adoption of the ordinance, forward a copy to the Division of Local Government Services in the Department of Community Affairs.

(cf: P.L.1991, c.54, s.3)

76. Section 4 of P.L.1991, c.54 (C.40:66-11) is amended to read as follows:

4. The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, may order and cause to be raised within a solid waste collection district sufficient money to provide for the payment of the cost of solid waste collection or disposal in the district, including the amount necessary for the collection of environmental investment charges as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill). The sum ordered to be raised shall be levied and collected at the same time and in the same manner as other municipal taxes, except that any tax levied and collected to provide for the payment of the cost of solid waste collection or disposal, including the payment of environmental investment charges as defined in section 3 of P.L. , c. (C. ) (pending in the Legislature as this bill), shall appear as a separate item on the municipal tax bill. The collector shall pay the same to the municipal treasurer, to be applied only to the purposes for which it is raised.

(cf: P.L.1991, c.54, s.4)

77. Section 5 of P.L.1991, c.54 (C.40:66-12) is amended to read as follows:

5. All moneys assessed and levied pursuant to [this act] the provisions of P.L.1991, c.54 (C.40:66-8 et seq.), including the amount necessary for the collection of environmental investment charges as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill), shall be a lien upon the land against which they are assessed in the same manner that taxes are made a lien against land pursuant to Title 54 of the Revised Statutes, and the payment thereof shall be enforced within the same time and in the same manner and by the same proceedings as the payment of taxes is otherwise [enforced by the Division of Taxation] provided under Title 54.

(cf: P.L.1991, c.54, s.5)

78. Section 1 of P.L.1975, c.243 (C.40:67-23.1) is amended to read as follows:

1. a. The governing body of every municipality may make, amend, repeal and enforce ordinances to cause the governing body of the municipality to repair and maintain and provide for the removal of snow, ice and other obstructions from, and provide for the lighting of, any roads or streets upon which the travel is sufficient, in the opinion of said governing body, to warrant such expenditures, even though such roads or streets shall not have been taken over by said municipal governing body or dedicated and accepted as public highways.

The municipality may also provide for the curbside collection of [garbage placed at the curb of] solid waste along such streets, or for the reimbursement of such [garbage] solid waste collection costs as the municipality may determine to have been reasonably incurred by persons residing adjacent to such streets. Roads or streets so serviced, which are not shown on the official map of the municipality, may, at the option of the governing body of said municipality, be suitably improved in accordance with any requirements established pursuant to article 5 of the "Municipal Land Use Law," P.L.1975, c.291, ss. 23-27 (C.40:55D-32 to C.40:55D-36) and the ordinance.

b. If, as a condition of providing services for any road or street proposed to be serviced, the municipality notifies the owner that dedication thereof to the municipality is required, the owner may refuse to accept the services and benefits of the ordinance upon that condition by so notifying the municipality within 60 days of receipt of the notice. With respect to any road or street for which services are provided, if the municipality notifies the owner that continuation of provision of the services is conditioned upon the dedication thereof to the municipality, the owner may refuse to accept continuance of the services and benefits of the ordinance upon that condition by so notifying the municipality within 60 days of receipt of the notice. Notices to be given pursuant to this [act] section shall be in writing.

(cf: P.L.1983, c.12, s.1)

79. N.J.S.40A:4-21 is amended to read as follows:

40A:4-21. a. The budget shall provide separate sections for:

[a.] (1) Operation of local unit (current fund).

[b.] (2) Operation of any municipal public utility.

[c.] (3) Dedicated assessment budget.

[d.] (4) Dedicated by rider.

(5) Solid waste collection activities and solid waste disposal operations.

b. The budget summary as provided in section 12 of P.L.1995, c.259 (C.40A:4-6.1) shall include the anticipated revenues and appropriations of a county or municipality related to solid waste collection, solid waste disposal or recycling activities and the operation of any recycling center or solid waste facility that are included in the budget.

The revenues and appropriations and any surplus or deficit shall be listed according to the solid waste collection activity, solid waste disposal operation or solid waste facility, as appropriate, including, but not limited to, recycling activities or operations, payment of environmental investment charges as defined in section 3 of P.L. c. (C. )(pending in the Legislature as this bill) or sanitary landfill facility, transfer station, recycling center or resource recovery facility operations; and the personnel salaries, benefits and insurance costs; vehicle operation, maintenance, insurance and purchase costs; and any other costs associated therewith.

(cf: N.J.S.40A:4-21)

80. Section 3 of P.L.1976, c.68 (C.40A:4-45.3) is amended to read as follows:

3. In the preparation of its budget a municipality shall limit any increase in said budget to 5% or the index rate, whichever is less, over the previous year's final appropriations subject to the following exceptions:

a. (Deleted by amendment, P.L.1990, c.89.)

b. Capital expenditures, including appropriations for current capital expenditures, whether in the capital improvement fund or as a component of a line item elsewhere in the budget, provided that any such current capital expenditure would be otherwise bondable under the requirements of N.J.S.40A:2-21 and 40A:2-22;

c. (1) An increase based upon emergency temporary appropriations made pursuant to N.J.S.40A:4-20 to meet an urgent situation or event which immediately endangers the health, safety or property of the residents of the municipality, and over which the governing body had no control and for which it could not plan and emergency appropriations made pursuant to N.J.S.40A:4-46. Emergency temporary appropriations and emergency appropriations shall be approved by at least two-thirds of the governing body and by the Director of the Division of Local Government Services, and shall not exceed in the aggregate 3% of the previous year's final current operating appropriations.

(2) (Deleted by amendment, P.L.1990, c.89.)

The approval procedure in this subsection shall not apply to appropriations adopted for a purpose referred to in subsection d. or j. below;

d. All debt service, including that of a Type I school district;

e. Upon the approval of the Local Finance Board in the Division of Local Government Services, amounts required for funding a preceding year's deficit;

f. Amounts reserved for uncollected taxes;

g. (Deleted by amendment, P.L.1990, c.89.)

h. Expenditure of amounts derived from new or increased construction, housing, health or fire safety inspection or other service fees imposed by State law, rule or regulation or by local ordinance;

i. Any amount approved by any referendum;

j. Amounts required to be paid pursuant to (1) any contract with respect to use, service or provision of any project, facility or public improvement for water, sewerage, parking, senior citizen housing or any similar purpose, or payments on account of debt service therefor, between a municipality and any other municipality, county, school or other district, agency, authority, commission, instrumentality, public corporation, body corporate and politic or political subdivision of this State; (2) the provisions of article 9 of P.L.1968, c.404 (C.13:17-60 through 13:17-76) by a constituent municipality to the intermunicipal account; (3) any lease of a facility owned by a county improvement authority when the lease payment represents the proportionate amount necessary to amortize the debt incurred by the authority in providing the facility which is leased, in whole or in part; and (4) any repayments under a loan agreement entered into in accordance with the provisions of section 5 of P.L.1992, c.89.

k. (Deleted by amendment, P.L.1987, c.74.)

l. Appropriations of federal, county, independent authority or State funds, or by grants from private parties or nonprofit organizations for a specific purpose, and amounts received or to be received from such sources in reimbursement for local expenditures. If a municipality provides matching funds in order to receive the federal, county, independent authority or State funds, or the grants from private parties or nonprofit organizations for a specific purpose, the amount of the match which is required by law or agreement to be provided by the municipality shall be excepted;

m. (Deleted by amendment, P.L.1987, c.74.)

n. (Deleted by amendment, P.L.1987, c.74.)

o. (Deleted by amendment, P.L.1990, c.89.)

p. (Deleted by amendment, P.L.1987, c.74.)

q. (Deleted by amendment, P.L.1990, c.89.)

r. Amounts expended to fund a free public library established pursuant to the provisions of R.S.40:54-1 through 40:54-29, inclusive; s. (Deleted by amendment, P.L.1990, c.89.)

t. Amounts expended in preparing and implementing a housing element and fair share plan pursuant to the provisions of P.L.1985, c.222 (C.52:27D-301 et al.) and any amounts received by a municipality under a regional contribution agreement pursuant to section 12 of that act;

u. Amounts expended to meet the standards established pursuant to the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.);

v. (Deleted by amendment, P.L.1990, c.89.)

w. Amounts appropriated for expenditures resulting from the impact of a hazardous waste facility as described in subsection c. of section 32 of P.L.1981, c.279 (C.13:1E-80);

x. Amounts expended to aid privately owned libraries and reading rooms, pursuant to R.S.40:54-35;

y. (Deleted by amendment, P.L.1990, c.89.)

z. (Deleted by amendment, P.L.1990, c.89.)

aa. Extraordinary expenses, approved by the Local Finance Board, required for the implementation of an interlocal services agreement;

bb. Any expenditure mandated as a result of a natural disaster, civil disturbance or other emergency that is specifically authorized pursuant to a declaration of an emergency by the President of the United States or by the Governor;

cc. Expenditures for the cost of services mandated by any order of court, by any federal or State statute, or by administrative rule, directive, order, or other legally binding device issued by a State agency which has identified such cost as mandated expenditures on certification to the Local Finance Board by the State agency;

dd. Expenditures of amounts actually realized in the local budget year from the sale of municipal assets if appropriated for non-recurring purposes or otherwise approved by the director;

ee. Any local unit which is determined to be experiencing fiscal distress pursuant to the provisions of P.L.1987, c.75 (C.52:27D-118.24 et seq.), whether or not a local unit is an "eligible municipality" as defined in section 3 of P.L.1987, c.75 (C.52:27D-118.26), and which has available surplus pursuant to the spending limitations imposed by P.L.1976, c.68 (C.40A:4-45.1 et seq.), may appropriate and expend an amount of that surplus approved by the director and the Local Finance Board as an exception to the spending limitation. Any determination approving the appropriation and expenditure of surplus as an exception to the spending limitations shall be based upon:

1) the local unit's revenue needs for the current local budget year and its revenue raising capacity;

2) the intended actions of the governing body of the local unit to meet the local unit's revenue needs;

3) the intended actions of the governing body of the local unit to expand its revenue generating capacity for subsequent local budget years;

4) the local unit's ability to demonstrate the source and existence of sufficient surplus as would be prudent to appropriate as an exception to the spending limitations to meet the operating expenses for the local unit's current budget year; and

5) the impact of utilization of surplus upon succeeding budgets of the local unit;

ff. Amounts expended for the staffing and operation of the municipal court;

gg. Amounts appropriated for the cost of administering a joint insurance fund established pursuant to subsection b. of section 1 of P.L.1983, c.372 (C.40A:10-36), but not including appropriations for claims payments by local member units;

hh. Amounts appropriated for the cost of implementing an estimated tax billing system and the issuance of tax bills thereunder pursuant to section 3 of P.L.1994, c.72 (C.54:4-66.2);

ii. Expenditures related to the cost of conducting and implementing a total property tax levy sale pursuant to section 16 of P.L.1997, c.99 (C.54:5-113.5);

jj. Expenditures related to the cost of solid waste collection or solid waste disposal, including a municipal service system as provided in section 5 of P.L. , c. (C.13:1E-212)(pending in the Legislature as this bill) or a municipal contract system as provided in section 6 of P.L. , c. (C.13:1E-213)(pending in the Legislature as this bill), or the payment of environmental investment charges as defined in section 3 of P.L. , c. (C.13:1E-210)(pending in the Legislature as this bill);

kk. Any expenditures for the collection or disposition of designated recyclable materials, or the procurement of recycling services made by a municipality pursuant to the provisions of the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.); any expenditures of amounts received by a municipality pursuant to section 5 of P.L.1981, c.278 (C.13:1E-96); or any revenues received by a municipality from the sale of recyclable materials and expended for the collection or disposition of designated recyclable materials.

(cf: P.L.1997, c.99, s.9)

81. Section 4 of P.L.1976, c.68 (C.40A:4-45.4) is amended to read as follows:

4. In the preparation of its budget, a county may not increase the county tax levy to be apportioned among its constituent municipalities in excess of 5% or the index rate, whichever is less, of the previous year's county tax levy, subject to the following exceptions:

a. The amount of revenue generated by the increase in valuations within the county, based solely on applying the preceding year's county tax rate to the apportionment valuation of new construction or improvements within the county, and such increase shall be levied in direct proportion to said valuation;

b. Capital expenditures, including appropriations for current capital expenditures, whether in the capital improvement fund or as a component of a line item elsewhere in the budget, provided that any such current capital expenditures would be otherwise bondable under the requirements of N.J.S.40A:2-21 and 40A:2-22;

c. (1) An increase based upon emergency temporary appropriations made pursuant to N.J.S.40A:4-20 to meet an urgent situation or event which immediately endangers the health, safety or property of the residents of the county, and over which the governing body had no control and for which it could not plan and emergency appropriations made pursuant to N.J.S.40A:4-46. Emergency temporary appropriations and emergency appropriations shall be approved by at least two-thirds of the governing body and by the Director of the Division of Local Government Services, and shall not exceed in the aggregate 3% of the previous year's final current operating appropriations.

(2) (Deleted by amendment, P.L.1990, c.89.)

The approval procedure in this subsection shall not apply to appropriations adopted for a purpose referred to in subsection d. or f. below;

d. All debt service;

e. (Deleted by amendment, P.L.1990, c.89.)

f. Amounts required to be paid pursuant to (1) any contract with respect to use, service or provision of any project, facility or public improvement for water, sewerage, parking, senior citizen housing or any similar purpose, or payments on account of debt service therefor, between a county and any other county, municipality, school or other district, agency, authority, commission, instrumentality, public corporation, body corporate and politic or political subdivision of this State; and (2) any lease of a facility owned by a county improvement authority when the lease payment represents the proportionate amount necessary to amortize the debt incurred by the authority in providing the facility which is leased, in whole or in part;

g. That portion of the county tax levy which represents funding to participate in any federal or State aid program and amounts received or to be received from federal, State or other funds in reimbursement for local expenditures. If a county provides matching funds in order to receive the federal or State or other funds, only the amount of the match which is required by law or agreement to be provided by the county shall be excepted;

h. (Deleted by amendment, P.L.1987, c.74.)

i. (Deleted by amendment, P.L.1990, c.89.)

j. (Deleted by amendment, P.L.1990, c.89.)

k. (Deleted by amendment, P.L.1990, c.89.)

l. Amounts expended to meet the standards established pursuant to the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.);

m. (Deleted by amendment, P.L.1990, c.89.)

n. (Deleted by amendment, P.L.1990, c.89.)

o. (Deleted by amendment, P.L.1990, c.89.)

p. Extraordinary expenses, approved by the Local Finance Board, required for the implementation of an interlocal services agreement;

q. Any expenditure mandated as a result of a natural disaster, civil disturbance or other emergency that is specifically authorized pursuant to a declaration of an emergency by the President of the United States or by the Governor;

r. Expenditures for the cost of services mandated by any order of court, by any federal or State statute, or by administrative rule, directive, order, or other legally binding device issued by a State agency which has identified such cost as mandated expenditures on certification to the Local Finance Board by the State agency;

s. That portion of the county tax levy which represents funding to a county college in excess of the county tax levy required to fund the county college in local budget year 1992;

t. Amounts appropriated for the cost of administering a joint insurance fund established pursuant to subsection b. of section 1 of P.L.1983, c.372 (C.40A:10-36), but not including appropriations for claims payments by local member units;

u. Expenditures for the administration of general public assistance pursuant to P.L.1995, c.259 (C.40A:4-6.1 et al.);

v. Amounts in a separate line item of a county budget that are expended on tick-borne disease vector management activities undertaken pursuant to P.L.1997, c.52 (C.26:2P-7 et al.);

w. Expenditures for solid waste collection or solid waste disposal, including payment of environmental investment charges as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill);

x. Expenditures for the collection or disposition of designated recyclable materials, or the procurement of markets or recycling services made by a county pursuant to the provisions of the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.).

(cf: P.L.1997. c.52, s.3)

82. Section 12 of P.L.1983, c.313 (C.40A:5A-12) is amended to read as follows:

12. a. The Local Finance Board shall have the power, in the case of a service contract between an authority and a local unit or units, to enforce, by appropriate order, the terms and provisions thereof with respect to the funding of a deficit, whether in existence or anticipated. (1) If the Local Finance Board has reason to believe that an authority is faced with financial difficulty, it shall have the power to order an increase in rents, rates, fees or other charges of the authority, and this order shall be valid and enforceable, notwithstanding any provisions to the contrary in R.S.48:2-1 et seq. The Local Finance Board, before issuing this order, shall first hold a hearing consistent with section 18 of [this act] P.L.1983, c.313 (C.40A:5A-18).

(2) The Local Finance Board also shall have authority to provide that a requirement that a local unit or units pay a deficit under a service contract be funded through the issuance of notes as provided in section 14 of [this act] P.L.1983, c.313 (C.40A:5A-14). Any order so issued shall be deemed conclusive and final, and upon receipt of this order all persons shall be estopped from contesting the order or the provisions thereof. Any authority or local unit or units affected by the order shall promptly take the action necessary to comply with this order.

b. If the Local Finance Board has reason to believe that a public authority is faced with financial difficulty, due to a failure to establish and implement a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs incurred by the public authority in developing solid waste facilities as provided in section 11 of P.L. , c. (C. )(pending in the Legislature as this bill), the Local Finance Board shall have the authority to order the public authority to establish and implement a system for the recovery of its environmental investment costs in the manner prescribed therein. The Local Finance Board, prior to issuing this order, shall hold a hearing thereon consistent with section 18 of P.L.1983, c.313 (C.40A:5A-18).

(cf: P.L.1987, c.319, s.6)

83. Section 18 of P.L.1983, c.313 (C.40A:5A-18) is amended to read as follows:

18. If at any time, as a result of exercising [his] the responsibilities of the Director of the Division of Local Government Services under [this act] the provisions of P.L.1983, c.313 (C.40A:5A-1 et seq.), the director has reason to believe that an authority is faced with financial difficulty, including due to a failure to establish and implement a system to calculate, charge and collect environmental investment charges to recover the environmental investment costs incurred by the public authority in developing solid waste facilities as provided in section 11 of P.L. , c. (C. ) (pending in the Legislature as this bill), the director shall summon appropriate officials of the authority and the local unit or units or either of the aforesaid to a hearing before the Local Finance Board. The Local Finance Board may require the production of papers, documents, witnesses or information and may make or cause to be made an audit or investigation of the circumstances with respect to which the hearing was called.

(cf: P.L.1983, c.313, s.18)

84. Section 19 of P.L.1983, c.313 (C.40A:5A-19) is amended to read as follows:

19. a. If the Local Finance Board determines that financial difficulties exist which (1) jeopardize the payment of operating expenses and debt service on obligations of the authority or either of the aforesaid; or place an undue financial burden on the inhabitants of the local unit or units or the users of the system or facilities of an authority; and (2) that these difficulties are likely to recur and, if they continue, will impair the credit of the authority and local unit or units or either of the aforesaid to the detriment of the inhabitants thereof; and (3) no financial plan designed to prevent a recurrence of these conditions and which is deemed to be practicable and feasible by the director has been undertaken by the authority or the local unit or units, the Local Finance Board shall order the implementation of a financial plan which will assure the payment of debt service on obligations of the authority, or provide relief from undue financial burden. The order shall be deemed conclusive and final and upon receipt of the order all persons shall be estopped from contesting the order or the provisions thereof and the authority or local unit or units affected thereby shall take the action to comply with the order.

b. In ordering the implementation of a financial plan which will assure the payment of debt service on obligations of a public authority related to the financing of solid waste facilities, the Local Finance Board may order an increase in the solid waste charges received at the solid waste facility for solid waste disposal.

(cf: P.L.1983, c.313, s.19)

85. Section 2 of P.L.1971, c.198 (C.40A:11-2) is amended to read as follows:

2. As used herein the following words have the following definitions, unless the context otherwise indicates:

(1) "Contracting unit" means:

(a) Any county; or

(b) Any municipality; or

(c) Any board, commission, committee, authority or agency, which is not a State board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project, or facility, included or operating in whole or in part, within the territorial boundaries of any county or municipality which exercises functions which are appropriate for the exercise by one or more units of local government, and which has statutory power to make purchases and enter into contracts or agreements for the performance of any work or the furnishing or hiring of any materials or supplies usually required, the cost or contract price of which is to be paid with or out of public funds.

The term shall not include a private firm that has entered into a contract with a public entity for the provision of water supply services pursuant to P.L.1995, c.101 (C.58:26-19 et al.).

"Contracting unit" shall not include a private firm or public authority that has entered into a contract with a public entity for the provision of wastewater treatment services pursuant to P.L.1995, c.216 (C.58:27-19 et al.).

(2) "Governing body" means:

(a) The governing body of the county, when the purchase is to be made or the contract or agreement is to be entered into by, or in behalf of, a county; or

(b) The governing body of the municipality, when the purchase is to be made or the contract or agreement is to be entered into by, or on behalf of, a municipality; or

(c) Any board, commission, committee, authority or agency of the character described in subsection (1) (c) of this section.

(3) "Contracting agent" means the governing body of a contracting unit, or any board, commission, committee, officer, department, branch or agency which has the power to prepare the advertisements, to advertise for and receive bids and, as permitted by this act, to make awards for the contracting unit in connection with purchases, contracts or agreements.

(4) "Purchase" is a transaction, for a valuable consideration, creating or acquiring an interest in goods, services and property, except real property or any interest therein.

(5) "Materials" includes goods and property subject to chapter 2 of Title 12A of the New Jersey Statutes, apparatus, or any other tangible thing, except real property or any interest therein.

(6) "Professional services" means services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services may also mean services rendered in the performance of work that is original and creative in character in a recognized field of artistic endeavor.

(7) "Extraordinary unspecifiable services" means services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor.

(8) "Project" means any work, undertaking, program, activity, development, redevelopment, construction or reconstruction of any area or areas.

(9) "Work" includes services and any other activity of a tangible or intangible nature performed or assumed pursuant to a contract or agreement with a contracting unit.

(10) "Homemaker--home health services" means at home personal care and home management provided to an individual or members of his family who reside with him, or both, necessitated by the individual's illness or incapacity. "Homemaker--home health services" includes, but is not limited to, the services of a trained homemaker.

(11) "Recyclable material" means those materials which would otherwise become municipal solid waste, and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

(12) "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

(13) "Marketing" means the marketing of designated recyclable materials source separated in a municipality which entails a marketing cost less than the cost of transporting the recyclable materials to solid waste facilities and disposing of the materials as municipal solid waste at the facility utilized by the municipality.

(14) "Municipal solid waste" means all [residential, commercial and institutional] nonhazardous solid waste or any portion thereof generated within the boundaries of a municipality.

(15) "Distribution" (when used in relation to electricity) means the process of conveying electricity from a contracting unit who is a generator of electricity or a wholesale purchaser of electricity to retail customers or other end users of electricity.

(16) "Transmission" (when used in relation to electricity) means the conveyance of electricity from its point of generation to a contracting unit who purchases it on a wholesale basis for resale.

(17) "Disposition" means the transportation, placement, reuse, sale, donation, transfer or temporary storage of recyclable materials for all possible uses except for disposal as municipal solid waste.

(18) "Cooperative marketing" means the joint marketing by two or more contracting units within the same county, or adjacent or proximate counties, of the source separated recyclable materials designated in a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) pursuant to a written cooperative agreement entered into by the participating contracting units thereof.

(19) "District solid waste facility" means a solid waste facility that is designated by a public authority or county in its adopted district solid waste management plan as approved by the department prior to the effective date of P.L. , c. (C. )(pending in the Legislature as this bill) as the in-county facility to which solid waste generated within the boundaries of the county is transported for final disposal, or transfer for transportation to an offsite solid waste facility or designated out-of-state disposal site for disposal, as appropriate.

(20) "Municipal solid waste services agreement" means a contract or agreement entered into between any person, public authority or county and a municipal governing body for the use of a district solid waste facility by the municipality for the disposal of solid waste generated within its municipal boundaries.

(21) "Public authority" means a municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); a county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.); a pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.); or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law.

(22) "Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for source separated recyclable materials or source separated food waste collected by livestock producers approved by the State Department of Agriculture to collect, prepare and feed such wastes to livestock on their own farms.

(23) "Solid waste facilities" means, and includes, the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

(cf: P.L.1995, c.216, s.10)

86. Section 5 of P.L.1971, c.198 (C.40A:11-5) is amended to read as follows:

5. Any purchase, contract or agreement of the character described in section 4 of P.L.1971, c.198 (C.40A:11-4) may be made, negotiated or awarded by the governing body without public advertising for bids and bidding therefor if:

(1) The subject matter thereof consists of:

(a) (i) Professional services. The governing body shall in each instance state supporting reasons for its action in the resolution awarding each contract and shall forthwith cause to be printed once, in a newspaper authorized by law to publish its legal advertisements, a brief notice stating the nature, duration, service and amount of the contract, and that the resolution and contract are on file and available for public inspection in the office of the clerk of the county or municipality, or, in the case of a contracting unit created by more than one county or municipality, of the counties or municipalities creating such contracting unit; or (ii) Extraordinary unspecifiable services. The application of this exception shall be construed narrowly in favor of open competitive bidding, where possible, and the Division of Local Government Services is authorized to adopt and promulgate rules and regulations limiting the use of this exception in accordance with the intention herein expressed. The governing body shall in each instance state supporting reasons for its action in the resolution awarding each contract and shall forthwith cause to be printed, in the manner set forth in subsection (1) (a) (i) of this section, a brief notice of the award of such contract;

(b) The doing of any work by employees of the contracting unit;

(c) The printing of legal briefs, records and appendices to be used in any legal proceeding in which the contracting party may be a party;

(d) The furnishing of a tax map or maps for the contracting party;

(e) The purchase of perishable foods as a subsistence supply;

(f) The supplying of any product or the rendering of any service by a public utility, which is subject to the jurisdiction of the Board of Public Utilities or the Federal Energy Regulatory Commission or its successor, in accordance with tariffs and schedules of charges made, charged or exacted, filed with the board or commission;

(g) The acquisition, subject to prior approval of the Attorney General, of special equipment for confidential investigation;

(h) The printing of bonds and documents necessary to the issuance and sale thereof by a contracting unit;

(i) Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with such service, which exception shall be in accordance with the requirements for extraordinary unspecifiable services;

(j) The publishing of legal notices in newspapers as required by law;

(k) The acquisition of artifacts or other items of unique intrinsic, artistic or historical character;

(l) Election expenses;

(m) Insurance, including the purchase of insurance coverage and consultant services, which exception shall be in accordance with the requirements for extraordinary unspecifiable services;

(n) The doing of any work by handicapped persons employed by a sheltered workshop;

(o) The provision of any service or the furnishing of materials including those of a commercial nature, attendant upon the operation of a restaurant by any nonprofit, duly incorporated, historical society at or on any historical preservation site;

(p) Homemaker--home health services performed by voluntary, nonprofit agencies;

(q) The purchase of materials and services for a law library established pursuant to R.S.40:33-14, including books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microforms, pictorial or graphic works, copyright and patent materials, maps, charts, globes, sound recordings, slides, films, filmscripts, video and magnetic tapes, and other audiovisual, printed, or published material of a similar nature; necessary binding or rebinding of law library materials; and specialized library services;

(r) On-site inspections undertaken by private agencies pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and the regulations adopted pursuant thereto;

(s) The marketing of recyclable materials recovered through a recycling program, or the marketing of any product intentionally produced or derived from solid waste received at a [resource recovery] solid waste facility or recovered through a resource recovery program, including, but not limited to, refuse-derived fuel, compost materials, methane gas, and other similar products. The application of this exception shall not be construed to include a solid waste facility for the disposal of solid waste by incineration;

(t) Emergency medical services provided by a hospital to the residents of a municipality or county, provided that: (a) such exception be allowed only after the governing body determines that the emergency services are available only from one provider; and (b) if the contract is awarded without advertising for bids or bidding the governing body shall in each instance state supporting reasons for its action in a resolution awarding the contract and cause to be printed once in a newspaper authorized by law to publish its legal advertisements a brief notice stating the nature, duration, service, and amount of the contract; and (c) the contract shall be kept on file for public inspection in the office of the clerk of the municipality;

(u) Contracting unit towing and storage contracts, provided that all such contracts shall be pursuant to reasonable non-exclusionary and non-discriminatory terms and conditions, which may include the provision of such services on a rotating basis, at the rates and charges set by the municipality pursuant to section 1 of P.L.1979, c.101 (C.40:48-2.49). All contracting unit towing and storage contracts for services to be provided at rates and charges other than those established pursuant to the terms of this paragraph shall only be awarded to the lowest responsible bidder in accordance with the provisions of the "Local Public Contracts Law" and without regard for the value of the contract therefor. Each of the aforementioned means of contracting shall be subject to any regulations adopted by the Commissioner of Insurance pursuant to section 60 of P.L.1990, c.8 (C.17:33B-47);

(v) The purchase of steam or electricity from, or the rendering of services directly related to the purchase of such steam or electricity from a qualifying small power production facility or a qualifying cogeneration facility as defined pursuant to 16 U.S.C.796;

(w) The purchase of electricity or administrative or dispatching services directly related to the transmission of such purchased electricity by a contracting unit engaged in the generation of electricity;

(x) The printing of municipal ordinances or other services necessarily incurred in connection with the revision and codification of municipal ordinances;

(y) An agreement for the purchase of an equitable interest in a water supply facility or for the provision of water supply services entered into pursuant to section 2 of P.L.1993, c.381 (C.58:28-2), or an agreement entered into pursuant to P.L.1989, c.109 (N.J.S.40A:31-1 et al.), so long as such agreement is entered into no later than six months after the effective date of P.L.1993, c.381;

(z) A contract for the provision of water supply services entered into pursuant to P.L.1995, c.101 (C.58:26-19 et al.);

(aa) The cooperative marketing of recyclable materials recovered through a recycling program; or

(bb) A contract for the provision of wastewater treatment services entered into pursuant to P.L.1995, c.216 (C.58:27-19 et al.).

(2) It is to be made or entered into with the United States of America, the State of New Jersey, county or municipality or any board, body, officer, agency or authority thereof and any other state or subdivision thereof.

(3) The contracting agent has advertised for bids pursuant to section 4 of P.L.1971, c.198 (C.40A:11-4) on two occasions and (a) has received no bids on both occasions in response to its advertisement, or (b) the governing body has rejected such bids on two occasions because the contracting agent has determined that they are not reasonable as to price, on the basis of cost estimates prepared for or by the contracting agent prior to the advertising therefor, or have not been independently arrived at in open competition, or (c) on one occasion no bids were received pursuant to (a) and on one occasion all bids were rejected pursuant to (b), in whatever sequence; any such contract or agreement may then be negotiated and may be awarded upon adoption of a resolution by a two-thirds affirmative vote of the authorized membership of the governing body authorizing such contract or agreement; provided, however, that:

(i) A reasonable effort is first made by the contracting agent to determine that the same or equivalent materials or supplies, at a cost which is lower than the negotiated price, are not available from an agency or authority of the United States, the State of New Jersey or of the county in which the contracting unit is located, or any municipality in close proximity to the contracting unit;

(ii) The terms, conditions, restrictions and specifications set forth in the negotiated contract or agreement are not substantially different from those which were the subject of competitive bidding pursuant to section 4 of P.L.1971, c.198 (C.40A:11-4); and

(iii) Any minor amendment or modification of any of the terms, conditions, restrictions and specifications, which were the subject of competitive bidding pursuant to section 4 of P.L.1971, c.198 (C.40A:11-4), shall be stated in the resolution awarding such contract or agreement; provided further, however, that if on the second occasion the bids received are rejected as unreasonable as to price, the contracting agent shall notify each responsible bidder submitting bids on the second occasion of its intention to negotiate, and afford each bidder a reasonable opportunity to negotiate, but the governing body shall not award such contract or agreement unless the negotiated price is lower than the lowest rejected bid price submitted on the second occasion by a responsible bidder, is the lowest negotiated price offered by any responsible supplier, and is a reasonable price for such work, materials, supplies or services.

Whenever a contracting unit shall determine that a bid was not arrived at independently in open competition pursuant to subsection (3) of this section it shall thereupon notify the county prosecutor of the county in which the contracting unit is located and the Attorney General of the facts upon which its determination is based, and when appropriate, it may institute appropriate proceedings in any State or federal court of competent jurisdiction for a violation of any State or federal antitrust law or laws relating to the unlawful restraint of trade.

(cf: P.L.1995, c.216, s.11)

87. Section 13 of P.L.1971, c.198 (C.40A:11-13) is amended to read as follows:

13. Any specifications for an acquisition under [this act] the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), whether by purchase, contract or agreement, shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under [this act] the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.) may:

(a) Require any standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the purchase, contract or agreement is made; or

(b) Require that any bidder be a resident of, or that [his] the bidder's place of business be located in, the county or municipality in which the purchase will be made or the contract or agreement performed, unless the physical proximity of the bidder is requisite to the efficient and economical purchase or performance of the contract or agreement; except that no specification for a contract for the collection [and] or disposal of municipal solid waste shall require any bidder to be a resident of, or that [his] the bidder's place of business be located in, the state, county or municipality in which the contract will be performed; or

(d) Require, with regard to any purchase, contract or agreement, the furnishing of any "brand name," but may in all cases require "brand name or equivalent," except that if the materials to be supplied or purchased are patented or copyrighted, such materials or supplies may be purchased by specification in any case in which the ordinance or resolution authorizing the purchase, contract, sale or agreement so indicates, and the special need for such patented or copyrighted materials or supplies is directly related to the performance, completion or undertaking of the purpose for which the purchase, contract or agreement is made; or

(e) Fail to include any option for renewal, extension, or release which the contracting unit may intend to exercise or require; or any terms and conditions necessary for the performance of any extra work; or fail to disclose any matter necessary to the substantial performance of the contract or agreement.

Any specification adopted by the governing body, which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding or qualification by any but one bidder, except as provided herein, shall be null and void and of no effect and subject purchase, contract or agreement shall be readvertised, and the original purchase, contract or agreement shall be set aside by the governing body.

Any specification adopted by the governing body for a contract for the collection [and] or disposal of municipal solid waste shall conform to the uniform bid specifications for municipal solid waste collection contracts established pursuant to section 22 of P.L.1991, c.381 (C.48:13A-7.22).

Any specification adopted by the governing body may include an item for the cost, which shall be paid by the contractor, of creating a file to maintain the notices of the delivery of labor or materials required by N.J.S.2A:44-128.

(cf: P.L.1996, c.81, s.7)

88. Section 15 of P.L.1971, c.198 (C.40A:11-15) is amended to read as follows:

15. All purchases, contracts or agreements for the performing of work or the furnishing of materials, supplies or services shall be made for a period not to exceed 24 consecutive months, except that contracts for professional services pursuant to subparagraph (i) of paragraph (a) of subsection (1) of section 5 of P.L.1971, c.198 (C.40A:11-5) shall be made for a period not to exceed 12 consecutive months. Contracts or agreements may be entered into for longer periods of time as follows:

(1) Supplying of:

(a) (Deleted by amendment, P.L.1996, c.113.)

(b) (Deleted by amendment, P.L.1996, c.113.)

(c) Thermal energy produced by a cogeneration facility, for use for heating or air conditioning or both, for any term not exceeding 40 years, when the contract is approved by the Board of Public Utilities. For the purposes of this paragraph, "cogeneration" means the simultaneous production in one facility of electric power and other forms of useful energy such as heating or process steam;

(2) (Deleted by amendment, P.L.1977, c.53.)

(3) (a) The collection [and disposal] of municipal solid waste, the collection and disposition of recyclable material, or the disposal of sewage sludge, for any term not exceeding in the aggregate, five years; (b) The disposal of municipal solid waste, for any term not exceeding in the aggregate, 20 years;

(4) The collection [and] or recycling of methane gas from a sanitary landfill facility, for any term not exceeding 25 years, when such contract is in conformance with a district solid waste management plan approved pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), and with the approval of the Division of Local Government Services in the Department of Community Affairs and the Department of Environmental Protection. The contracting unit shall award the contract to the highest responsible bidder, notwithstanding that the contract price may be in excess of the amount of any necessarily related administrative expenses; except that if the contract requires the contracting unit to expend funds only, the contracting unit shall award the contract to the lowest responsible bidder. The approval by the Division of Local Government Services of public bidding requirements shall not be required for those contracts exempted therefrom pursuant to section 5 of P.L.1971, c.198 (C.40A:11-5);

(5) Data processing service, for any term of not more than three years;

(6) Insurance, for any term of not more than three years;

(7) Leasing or servicing of automobiles, motor vehicles, machinery and equipment of every nature and kind, for a period not to exceed three years; provided, however, such contracts shall be entered into only subject to and in accordance with the rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs;

(8) The supplying of any product or the rendering of any service by a telephone company which is subject to the jurisdiction of the Board of Public Utilities for a term not exceeding five years;

(9) Any single project for the construction, reconstruction or rehabilitation of any public building, structure or facility, or any public works project, including the retention of the services of any architect or engineer in connection therewith, for the length of time authorized and necessary for the completion of the actual construction;

(10) The providing of food services for any term not exceeding three years;

(11) On-site inspections undertaken by private agencies pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) for any term of not more than three years;

(12) The performance of work or services or the furnishing of materials or supplies for the purpose of conserving energy in buildings owned by, or operations conducted by, the contracting unit, the entire price of which to be established as a percentage of the resultant savings in energy costs, for a term not to exceed 10 years; provided, however, that such contracts shall be entered into only subject to and in accordance with rules and regulations promulgated by the Department of Environmental Protection establishing a methodology for computing energy cost savings;

(13) The performance of work or services or the furnishing of materials or supplies for the purpose of elevator maintenance for any term not exceeding three years;

(14) Leasing or servicing of electronic communications equipment for a period not to exceed five years; provided, however, such contract shall be entered into only subject to and in accordance with the rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs;

(15) Leasing of motor vehicles, machinery and other equipment primarily used to fight fires, for a term not to exceed seven years, when the contract includes an option to purchase, subject to and in accordance with rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs;

(16) The provision of water supply services or the designing, financing, construction, operation, or maintenance, or any combination thereof, of a water supply facility, or any component part or parts thereof, including a water filtration system, for a period not to exceed 40 years, when the contract for these services is approved by the Division of Local Government Services in the Department of Community Affairs, the Board of Public Utilities, and the Department of Environmental Protection pursuant to P.L.1985, c.37 (C.58:26-1 et al.), except for those contracts otherwise exempted pursuant to subsection (30), (31), (34) or (35) of this section. For the purposes of this subsection, "water supply services" means any service provided by a water supply facility; "water filtration system" means any equipment, plants, structures, machinery, apparatus, or land, or any combination thereof, acquired, used, constructed, rehabilitated, or operated for the collection, impoundment, storage, improvement, filtration, or other treatment of drinking water for the purposes of purifying and enhancing water quality and insuring its potability prior to the distribution of the drinking water to the general public for human consumption, including plants and works, and other personal property and appurtenances necessary for their use or operation; and "water supply facility" means and refers to the real property and the plants, structures, interconnections between existing water supply facilities, machinery and equipment and other property, real, personal and mixed, acquired, constructed or operated, or to be acquired, constructed or operated, in whole or in part by or on behalf of a political subdivision of the State or any agency thereof, for the purpose of augmenting the natural water resources of the State and making available an increased supply of water for all uses, or of conserving existing water resources, and any and all appurtenances necessary, useful or convenient for the collecting, impounding, storing, improving, treating, filtering, conserving or transmitting of water and for the preservation and protection of these resources and facilities and providing for the conservation and development of future water supply resources;

(17) The provision of resource recovery services by a qualified vendor, the disposal of the solid waste delivered for disposal which cannot be processed by a resource recovery facility or the residual ash generated at a resource recovery facility, including hazardous waste and recovered metals and other materials for reuse, or the design, financing, construction, operation or maintenance of a resource recovery facility for a period not to exceed 40 years when the contract is approved by the Division of Local Government Services in the Department of Community Affairs, and the Department of Environmental Protection pursuant to P.L.1985, c.38 (C.13:1E-136 et al.); and when the resource recovery facility is in conformance with a district solid waste management plan approved pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.). For the purposes of this subsection, "resource recovery facility" 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; or a mechanized composting facility, or any other solid waste facility [constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production]; "resource recovery services" means any services provided by the owner or operator of a resource recovery facility, including but not limited to, solid waste disposal; the utilization of a resource recovery facility for the disposal of out-of-county solid waste; the disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility; the utilization of a sanitary landfill facility for the disposal of solid waste due to downtime or technical failure at a resource recovery facility; or any combination thereof; and "residual ash" means the bottom ash, fly ash, or any combination thereof, resulting from the combustion of solid waste at a resource recovery facility;

(18) The sale of electricity or thermal energy, or both, produced by a resource recovery facility for a period not to exceed 40 years when the contract is approved by the Board of Public Utilities, and when the resource recovery facility is in conformance with a district solid waste management plan approved pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.). For the purposes of this subsection, "resource recovery facility" 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; or a mechanized composting facility, or any other solid waste facility [constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production];

(19) The provision of wastewater treatment services or the designing, financing, construction, operation, or maintenance, or any combination thereof, of a wastewater treatment system, or any component part or parts thereof, for a period not to exceed 40 years, when the contract for these services is approved by the Division of Local Government Services in the Department of Community Affairs and the Department of Environmental Protection pursuant to P.L.1985, c.72 (C.58:27-1 et al.), except for those contracts otherwise exempted pursuant to subsection (36) of this section. For the purposes of this subsection, "wastewater treatment services" means any services provided by a wastewater treatment system, and "wastewater treatment system" means equipment, plants, structures, machinery, apparatus, or land, or any combination thereof, acquired, used, constructed, or operated for the storage, collection, reduction, recycling, reclamation, disposal, separation, or other treatment of wastewater or sewage sludge, or for the final disposal of residues resulting from the treatment of wastewater, including, but not limited to, pumping and ventilating stations, facilities, plants and works, connections, outfall sewers, interceptors, trunk lines, and other personal property and appurtenances necessary for their operation;

(20) The supplying of materials or services for the purpose of lighting public streets, for a term not to exceed five years, provided that the rates, fares, tariffs or charges for the supplying of electricity for that purpose are approved by the Board of Public Utilities;

(21) In the case of a contracting unit which is a county or municipality, the provision of emergency medical services by a hospital to residents of a municipality or county as appropriate for a term not to exceed five years;

(22) Towing and storage contracts, awarded pursuant to paragraph u. of subsection (1) of section 5 of P.L.1971, c.198 (C.40A:11-5) for any term not exceeding three years;

(23) Fuel for the purpose of generating electricity for a term not to exceed eight years;

(24) The purchase of electricity or administrative or dispatching services related to the transmission of such electricity, from a public utility company subject to the jurisdiction of the Board of Public Utilities, a similar regulatory body of another state, or a federal regulatory agency, or from a qualifying small power producing facility or qualifying cogeneration facility, as defined by 16 U.S.C. s.796, by a contracting unit engaged in the generation of electricity for retail sale, as of May 24,1991, for a term not to exceed 40 years;

(25) Basic life support services, for a period not to exceed five years. For the purposes of this subsection, "basic life support" means a basic level of prehospital care, which includes but need not be limited to patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization;

(26) Claims administration services, for any term not to exceed three years;

(27) The provision of transportation services to elderly, disabled or indigent persons for any term of not more than three years. For the purposes of this subsection, "elderly persons" means persons who are 60 years of age or older. "Disabled persons" means persons of any age who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable, without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected. "Indigent persons" means persons of any age whose income does not exceed 100 percent of the poverty level, adjusted for family size, established and adjusted under section 673(2) of subtitle B, the "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902 (2));

(28) The supplying of liquid oxygen or other chemicals, for a term not to exceed five years, when the contract includes the installation of tanks or other storage facilities by the supplier, on or near the premises of the contracting unit;

(29) The performance of patient care services by contracted medical staff at county hospitals, correction facilities and long term care facilities, for any term of not more than three years;

(30) The acquisition of an equitable interest in a water supply facility pursuant to section 2 of P.L.1993, c.381 (C.58:28-2), or an agreement entered into pursuant to the "County and Municipal Water Supply Act," N.J.S.40A:31-1 et seq., if the agreement is entered into no later than January 7, 1995, for any term of not more than forty years;

(31) The provision of water supply services or the financing, construction, operation or maintenance or any combination thereof, of a water supply facility or any component part or parts thereof, by a partnership or copartnership established pursuant to a contract authorized under section 2 of P.L.1993, c.381 (C.58:28-2), for a period not to exceed 40 years;

(32) Laundry service and the rental, supply and cleaning of uniforms for any term of not more than three years;

(33) The supplying of any product or the rendering of any service, including consulting services, by a cemetery management company for the maintenance and preservation of a municipal cemetery operating pursuant to the "New Jersey Cemetery Act," N.J.S.8A:1-1 et seq., for a term not exceeding 15 years;

(34) A contract between a public entity and a person pursuant to P.L.1995, c.101 (C.58:26-19 et al.) for the provision of water supply services may be entered into for any term which, when all optional extension periods are added, may not exceed 40 years;

(35) An agreement for the purchase of a supply of water from a public utility company subject to the jurisdiction of the Board of Public Utilities in accordance with tariffs and schedules of charges made, charged or exacted or contracts filed with the Board of Public Utilities, for any term of not more than 40 years;

(36) A contract between a public entity and a person or public authority pursuant to P.L.1995, c.216 (C.58:27-19 et al.) for the provision of wastewater treatment services may be entered into for any term of not more than 40 years, including all optional extension periods; and

(37) The operation and management of a facility under a license issued or permit approved by the Department of Environmental Protection, including a wastewater treatment system or a water supply or distribution facility, as the case may be, for any term of not more than seven years. For the purposes of this subsection, "wastewater treatment system" refers to facilities operated or maintained for the storage, collection, reduction, disposal, or other treatment of wastewater or sewage sludge, remediation of groundwater contamination, stormwater runoff, or the final disposal of residues resulting from the treatment of wastewater; and "water supply or distribution facility" refers to facilities operated or maintained for augmenting the natural water resources of the State, increasing the supply of water, conserving existing water resources, or distributing water to users.

All multiyear leases and contracts entered into pursuant to this section, except contracts for the leasing or servicing of equipment supplied by a telephone company which is subject to the jurisdiction of the Board of Public Utilities, contracts involving the supplying of electricity for the purpose of lighting public streets and contracts for thermal energy authorized pursuant to subsection (1) above, construction contracts authorized pursuant to subsection (9) above, contracts and agreements for the provision of work or the supplying of equipment to promote energy conservation authorized pursuant to subsection (12) above, contracts for water supply services or for a water supply facility, or any component part or parts thereof authorized pursuant to subsection (16), (30), (31), (34), (35) or (37) above, contracts for resource recovery services or a resource recovery facility authorized pursuant to subsection (17) above, contracts for the sale of energy produced by a resource recovery facility authorized pursuant to subsection (18) above, contracts for wastewater treatment services or for a wastewater treatment system or any component part or parts thereof authorized pursuant to subsection (19), (36) or (37) above, and contracts for the purchase of electricity or administrative or dispatching services related to the transmission of such electricity authorized pursuant to subsection (24) above, shall contain a clause making them subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation, or contain an annual cancellation clause.

The Division of Local Government Services shall adopt and promulgate rules and regulations concerning the methods of accounting for all contracts that do not coincide with the fiscal year.

(cf: P.L.1996, c.113, s.19)

89. Section 1 of P.L.1968, c.173 (C.48:2-59) is amended to read as follows:

1. a. To enable the Board [of Public Utility Commissioners in the Department] of Public Utilities to better perform its lawful duties relating to service, classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision over all public utilities [and public movers] under its jurisdiction, the Board of Public [Utility Commissioners] Utilities shall annually make an assessment against each public utility [and public mover].

b. After August 19, 1991, the Board of Public Utilities shall not make an assessment against any person engaging in the business of solid waste collection or solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.). The provisions of this subsection shall not affect any obligation to pay an assessment made by the Board prior to August 19, 1991, nor shall these provisions affect the legal authority of the Board under subsection a. of this section or section 2 of P.L.1968, c.173 (C.48:2-60) to make an assessment against any person engaging in the business of solid waste collection or solid waste disposal prior to that date.

c. The provisions of subsection b. of this section shall not affect the legal authority of the State Treasurer under section 12 of P.L.1968, c.173 (C.48:2-70) to collect the amount stated to be due, including any interest which may accrue by virtue of the neglect or refusal of the public utility to pay an assessment made by the Board prior to August 19, 1991, nor shall these provisions invalidate or affect any proceeding for the enforcement thereof.

(cf: P.L.1972, c.36, s.1)

90. Section 2 of P.L.1968, c.173 (C.48:2-60) is amended to read as follows:

2. a. The assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the board on or before June 30 in the following manner:

The total amount appropriated to the Board of Public Utilities by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made. The total amount so assessed to any particular public utility shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of that utility derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any public utility shall be $500.[00.]

b. After August 19, 1991, the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) relating to the annual assessment made by the Board of Public Utilities shall not apply to any person engaging in the business of solid waste collection or solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.).

(cf: P.L1989, c.281, s.1)

91. Section 4 of P.L.1968, c.173 (C.48:2-62) is amended to read as follows:

4. The assessment prescribed by sections 1 and 2 of P.L.1968 c.173 (C.48:2-59 and 48:2-60) shall be levied by the Board of Public [Utility Commissioners] Utilities not later than July 1, and shall be paid within 30 days after mailing by first class mail to any public utility [or public mover] notice thereof and a statement of the amount.

Each public utility [and public mover] shall on or before June 1, file with the Board of Public [Utility Commissioners] Utilities, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.

(cf: P.L.1972, c.36, s.3)

92. Section 5 of P.L.1968, c.173 (C.48:2-63) is amended to read as follows:

5. Within 15 days after the date of mailing a statement as provided in [this act] section 4 of P.L.1968, c.173 (C.48:2-62) or section 105 of P.L. , c. (C.48:13A-15) and section 106 of P.L. c. (C.48:13A-16)(pending in the Legislature as this bill), the public utility [or public mover] , solid waste disposal public utility or solid waste collector against which the statement is rendered may file with the board or department, as applicable, its objections thereto. Not less than 30 nor more than 60 days after giving notice thereof to the objector, the board or department, as applicable, shall hold a hearing on the objections.

(cf: P.L.1972, c.36, s.4)

93. Section 6 of P.L.1968, c.173 (C.48:2-64) is amended to read as follows:

6. If after the hearing the board or department, as applicable, finds any part of the charge against the objecting public utility [or public mover] , solid waste disposal public utility or solid waste collector excessive, erroneous, unlawful or invalid, [it] the relevant State agency shall record its findings upon its minutes and transmit to the objector, by registered mail, an amended statement in accordance with the findings, which shall have the same force and effect as an original statement. If the board or department, as applicable, finds the entire statement unlawful or invalid, [it] the relevant State agency shall notify the objector, by registered mail, of such determination, and the original statement shall be null and void. If the board or department, as applicable, finds that the statement as rendered is neither excessive, erroneous, unlawful nor invalid, in whole or in part, [it] the relevant State agency shall record its findings upon its minutes and transmit notice thereof to the objector by registered mail.

(cf: P.L.1972, c.36, s.5)

94. Section 7 of P.L.1968, c.173 (C.48:2-65) is amended to read as follows:

7. If a statement against which objections are filed is not paid within 30 days after mailing to the objector notice of a finding that the objections have been disallowed, or in case an amended statement is not paid within 30 days after a copy thereof is mailed to the objector, the [board] the relevant State agency shall give notice of the delinquency to the State Treasurer and to the objector, and the State Treasurer shall proceed to make the collection.

(cf: P.L.1968, c.173)

95. Section 8 of P.L.1968, c.173 (C.48:2-66) is amended to read as follows:

8. No action for recovery of an amount paid under the terms of this act shall be maintained in any court unless objections have been filed with the [board] the relevant State agency. In an action for recovery of any payments, plaintiff may raise any relevant issue of law, but the [board's] State agency's findings of fact shall be prima facie evidence of the facts therein stated.

(cf: P.L.1968, c.173, s.8)

96. Section 9 of P.L.1968, c.173 (C.48:2-67) is amended to read as follows:

9. No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of [this act] P.L.1968, c.173 (C.48:2-59 et seq.), section 105 of P.L. , c. (C.48:13A-15) or section 106 of P.L. c. (C.48:13A-16)(pending in the Legislature as this bill). A public utility [or public mover] , solid waste disposal public utility or solid waste collector against which a statement is rendered shall pay the amount thereof, and after the payment may in the manner provided by [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) at any time within 2 years from the date of the payment, bring against the State an action at law to recover the amount paid, with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part.

(cf: P.L.1972, c.36, s.6)

97. Section 10 of P.L.1968, c.173 (C.48:2-68) is amended to read as follows:

10. The procedure provided in [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures.

(cf: P.L.1968, c.173, s.10)

98. Section 11 of P.L.1968, c.173 (C.48:2-69) is amended to read as follows:

11. If any public utility [or public mover] , solid waste disposal public utility or solid waste collector to which a statement for the amount assessed against it as provided in [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.), section 105 of P.L. , c. (C.48:13A-15) or section 106 of P.L. , c. (C.48:13A-16)(pending in the Legislature as this bill) has been rendered fails or refuses to pay the amount within 15 days, or fails to file with the [board] relevant State agency objections to the statement as provided herein, the [board] State agency shall transmit to the State Treasurer a certified copy of the statement of the assessment together with notice of the neglect or refusal of the public utility [or public mover] , solid waste disposal public utility or solid waste collector, as the case may be, to pay the amount thereof, and at the same time shall mail to the public utility [or public mover] , solid waste disposal public utility or solid waste collector, as applicable, a copy of the notice transmitted to the State Treasurer.

(cf: P.L.1972, c.36, s.7)

99. Section 12 of P.L.1968, c.173 (C.48:2-70) is amended to read as follows:

12. Within 10 days after receipt of the notice and certified copy of the statement, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the public utility [or public mover] , solid waste disposal public utility or solid waste collector, as the case may be, anywhere within the State.

(cf: P.L.1972, c.36, s.8)

100. Section 13 of P.L.1968, c.173 (C.48:2-71) is amended to read as follows:

13. All moneys received by the board or the department, as applicable, under the provisions of [this act] P.L.1968, c.173 (C.48:2-59 et seq.) or sections 105 and 106 of P.L. , c. (C.48:13A-15 and 48:13A-16)(pending in the Legislature as this bill) shall be paid to the State Treasurer.

(cf: P.L.1968, c.73, s.13)

101. Section 14 of P.L.1968, c.173 (C.48:2-72) is amended to read as follows:

14. The provisions of sections 1 of P.L.1959, c. 43 (C. 48:2-56) and 11 of P.L.1968, c.375 (C.48:22-11) relating to the collections of fees and charges by the Board of Public [Utility Commissioners] Utilities, shall be inapplicable to public utility companies [and public movers] subject to assessment pursuant to [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.).

(cf: P.L.1972, c.36, s.9)

102. R.S.48:3-3 is amended to read as follows:

48:3-3. a. No public utility shall provide or maintain any service that is unsafe, improper or inadequate, or withhold or refuse any service which reasonably can be demanded or furnished when ordered by the board.

b. (1) No solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3) shall provide any solid waste collection services that are unsafe, improper or inadequate, or withhold or refuse any solid waste collection services which reasonably can be demanded or furnished when ordered by the Department of Environmental Protection.

(2) The [board] Department of Environmental Protection, upon receipt of a notification of refusal to provide solid waste collection services within a municipality pursuant to section 2 of P.L.1991, c.170 (C.40:66-5.2), may order the solid waste collector to provide these services in accordance with the provisions of R.S.48:2-23.

(cf: P.L.1991, c.170, s.5)

103. R.S.48:3-7 is amended to read as follows:

48:3-7. a. No public utility shall, without the approval of the board, sell, lease, mortgage or otherwise dispose of or encumber its property, franchises, privileges or rights, or any part thereof; or merge or consolidate its property, franchises, privileges or rights, or any part thereof, with that of any other public utility.

Where, by the proposed sale, lease or other disposition of all or a substantial portion of its property, any franchise or franchises, privileges or rights, or any part thereof or merger or consolidation thereof as set forth herein, it appears that the public utility or a wholly owned subsidiary thereof may be unable to fulfill its obligation to any employees thereof with respect to pension benefits previously enjoyed, whether vested or contingent, the board shall not grant its approval unless the public utility seeking the board's approval for such sale, lease or other disposition assumes such responsibility as will be sufficient to provide that all such obligations to employees will be satisfied as they become due.

Every sale, mortgage, lease, disposition, encumbrance, merger or consolidation made in violation of this section shall be void.

Nothing herein shall prevent the sale, lease or other disposition by any public utility of any of its property in the ordinary course of business, nor require the approval of the board to any grant, conveyance or release of any property or interest therein heretofore made or hereafter to be made by any public utility to the United States, State or any county or municipality or any agency, authority or subdivision thereof, for public use.

The approval of the board shall not be required to validate the title of the United States, State or any county or municipality or any agency, authority or subdivision thereof, to any lands or interest therein heretofore condemned or hereafter to be condemned by the United States, State or any county or municipality or any agency, authority or subdivision thereof for public use.

b. Notwithstanding any law, rule, regulation or order to the contrary, an autobus public utility regulated by and subject to the provisions of Title 48 of the Revised Statutes may, without the approval of the Department of Transportation, sell, lease, mortgage or otherwise dispose of or encumber its property, or any part thereof, except that approval of the Department of Transportation shall be required for the following:

(1) the sale of 60% or more of its property within a 12-month period;

(2) a merger or consolidation of its property, franchises, privileges or rights; or

(3) the sale of any of its franchises, privileges or rights.

Notice of the sale, purchase or lease of any autobus or other vehicle subject to regulation under Title 48 of the Revised Statutes shall be provided to the Department of Transportation as the department shall require.

c. Except as otherwise provided in subsection e. of this section, no solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3) shall, without the approval of the [board] Department of Environmental Protection:

(1) sell, lease, mortgage or otherwise dispose of or encumber its property, including customer lists; or

(2) merge or consolidate its property, including customer lists, with that of any other person or business concern, whether or not that person or business concern is engaged in the business of solid waste collection or solid waste disposal pursuant to the provisions of P.L.1970 c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et al.) or any other act.

d. Any solid waste collector seeking approval for any transaction enumerated in subsection c. of this section shall file with the [board] department, on forms and in a manner prescribed by the [board] department, a notice of intent at least 30 days prior to the completion of the transaction.

(1) The [board] department shall promptly review all notices filed pursuant to this subsection. The [board] department may, within 30 days of receipt of a notice of intent, request that the solid waste collector submit additional information to assist in its review if it deems that such information is necessary. If no such request is made, the transaction shall be deemed to have been approved. In the event that additional information is requested, the [board] department shall outline, in writing, why it deems such information necessary to make an informed decision on the impact of the transaction on effective competition.

(2) The [board] department shall approve or deny a transaction within 60 days of receipt of all requested information. In the event that the [board] department fails to take action on a transaction within the 60-day period specified herein, then the transaction shall be deemed to have been approved.

(3) The [board] department shall approve a transaction unless it makes a determination pursuant to the provisions of section 19 of P.L.1991, c.381 (C.48:13A-7.19) that the proposed sale, lease, mortgage, disposition, encumbrance, merger or consolidation would result in a lack of effective competition.

The [Board of Public Utilities] department shall prescribe and provide upon request all necessary forms for the implementation of the notification requirements of this subsection.

e. (1) Any solid waste collector may, without the approval of the [board] department, purchase, finance or lease any equipment, including collection or haulage vehicles.

(2) Any solid waste collector may, without the approval of the [board] department, sell or otherwise dispose of its collection or haulage vehicles; except that no solid waste collector shall, without the approval of the [board] department in the manner provided in subsection d. of this section, sell or dispose of 33% or more of its collection or haulage vehicles within a 12-month period.

As used in this section, "business concern" means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization.

(cf: P.L.1991, c.381, s.35)

104. (New section) a. (1) All of the functions, powers and duties heretofore exercised by the Board of Public Utilities for supervision over the public utility aspects of solid waste disposal operations and solid waste facilities pursuant to section 18 of P.L.1975, c.326 (C.13:1E-27), P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et seq.), Title 48 of the Revised Statutes, or any other law, and the responsibility and authority to review and approve proposed contracts pursuant to the provisions of P.L.1985, c.38 (C.13:1E-136 et seq.), are hereby continued and transferred to and vested in the Department of Environmental Protection and the Commissioner thereof.

(2) All of the functions, powers and duties heretofore exercised by the Board of Public Utilities for supervision over the public utility aspects of solid waste collection pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et seq.), Title 48 of the Revised Statutes, or any other law, are hereby continued and transferred to and vested in the Department of Environmental Protection and the Commissioner thereof.

b. Whenever in any law, rule, regulation, order, contract, tariff, document, judicial or administrative proceeding or otherwise relating to recycling, solid waste collection or solid waste disposal, reference is made to the Board of Public Utilities, the same shall mean and refer to the Department of Environmental Protection and the Commissioner thereof.

105. (New section) a. To enable the Department of Environmental Protection to better perform its lawful duties relating to maintaining supervision over the public utility aspects of solid waste disposal operations and solid waste facilities pursuant to section 18 of P.L.1975, c.326 (C.13:1E-27), P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et seq.), Title 48 of the Revised Statutes, or any other law, the Department of Environmental Protection shall annually make an assessment against each person engaging in the business of solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.).

b. The solid waste disposal assessment shall be equal to a percentage of the gross operating revenue of the person engaging in the business of solid waste disposal under the jurisdiction of the department derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the department on or before June 30 in the following manner:

(1) The total amount appropriated to the department by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all persons engaging in the business of solid waste disposal under the jurisdiction of the department derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made.

(2) The total amount so assessed to any person engaging in the business of solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.) shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of that solid waste disposal public utility derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any person engaging in the business of solid waste disposal shall be $500.

c. The solid waste disposal assessment shall be levied by the department not later than July 1, and shall be paid within 30 days after mailing by first class mail to any solid waste disposal public utility notice thereof and a statement of the amount.

d. Each solid waste disposal public utility shall on or before June 1, file with the department, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.

106. (New section) a. To enable the Department of Environmental Protection to better perform its lawful duties relating to maintaining supervision over the public utility aspects of solid waste collection pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et seq.), Title 48 of the Revised Statutes, or any other law, the Department of Environmental Protection shall annually make an assessment against each solid waste collector engaging in the business of solid waste collection pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.).

b. The solid waste collection assessment shall be equal to a percentage of the gross operating revenue of the solid waste collector under the jurisdiction of the department derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the department on or before June 30 in the following manner:

(1) The total amount appropriated to the department by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all solid waste collectors derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made.

(2) The total amount so assessed to any solid waste collector engaging in the business of solid waste collection pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.) shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of the solid waste collector derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any solid waste collector shall be $150.

c. The solid waste collection assessment shall be levied by the department not later than July 1, and shall be paid within 30 days after mailing by first class mail to any solid waste collector notice thereof and a statement of the amount.

d. Each solid waste collector shall on or before June 1, file with the department, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.

107. (New section) The solid waste disposal rates or charges received at solid waste facilities, or fees, rates or charges for the disposal of solid waste received by any county, public authority as defined in section 3 of P.L. , c. (C. )(pending in the Legislature as this bill) or any other person engaged in the business of solid waste disposal in this State shall not be subject to the regulation of the Board of Public Utilities, the Department of Environmental Protection or any other State agency.

108. Section 2 of P.L.1970, c.40 (C.48:13A-2) is amended to read as follows:

2. The Legislature finds and declares that the disposal of solid waste is a matter of grave concern to all citizens and is an activity thoroughly affected with the public interest; that the health, safety and welfare of the people of this State require efficient and reasonable solid waste disposal service; that safe, adequate and proper solid waste disposal service at [just and reasonable] competitive rates cannot be achieved unless the [Board of Public Utilities] Department of Environmental Protection is charged with the duty of [setting and enforcing standards and rates for regulating] maintaining supervision over the economic and public utility aspects of all solid waste disposal [service] operations and solid waste facilities; and that the exercise of any power herein provided for shall be deemed to be in the public interest and for a public purpose.

(cf: P.L.1991, c.381, s.25)

109. Section 3 of P.L.1970, c.40 (C.48:13A-3) is amended to read as follows:

3. As used in this act:

"Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for [solid animal and vegetable wastes] source separated recyclable materials or source separated food waste collected by [swine] livestock producers [licensed] approved by the State Department of Agriculture to collect, prepare and feed such wastes to [swine] livestock on their own farms. "Solid waste collection" means the activity related to pickup and transportation of solid waste from its source or location to a [transfer station or other authorized] solid waste facility or other destination, but does not include activity related to the pickup, transportation or unloading of septic waste.

"Solid waste collector" means a person engaged in the collection of solid waste and holding a certificate of public convenience and necessity pursuant to sections 7 and 10 of P.L.1970, c.40 (C.48:13A-6 and 48:13A-9).

"Solid waste disposal" means the storage, treatment, utilization, processing, transfer, or final disposal of solid waste.

"Septic waste" means pumpings from septic tanks and cesspools, but shall not include wastes from a sewage treatment plant.

"Solid waste container" means a receptacle, container or bag suitable for the depositing of solid waste.

"Solid waste collection services" means the services provided by persons engaging in the business of solid waste collection.

"Solid waste disposal services" means the services provided by persons engaging in the business of solid waste disposal.

"Solid waste facilities" mean and include the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of P.L.1970 c.39 (C.13:1E-1 et seq.) and P.L.1970, c.40 (C.48:13A-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

"Solid waste transfer operations" mean the activity related to the transfer of solid waste from solid waste collection vehicles to solid waste haulage vehicles, including rail cars, for transportation to an offsite sanitary landfill facility, resource recovery facility, or other destination for disposal.

"Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a [licensed] solid waste haulage vehicle, including a rail car, for transportation to an offsite sanitary landfill facility, resource recovery facility, or other destination for disposal, except that a "transfer station" shall not include any solid waste facility at which solid waste is received for onsite transfer, and processing or disposal utilizing facility-owned or operated equipment and vehicles operated therefor.

"Department" means the Department of Environmental Protection.

(cf: P.L.1991, c.381, s.26)

110. Section 5 of P.L.1970, c.40 (C.48:13A-4) is amended to read as follows:

5. a. The [Board of Public Utilities] Department of Environmental Protection shall, after hearing, by order in writing, adopt appropriate rules, regulations or administrative orders for the [regulation of rates and] supervision of the economic and public utility aspects of the solid waste disposal industry.

b. The [Board of Public Utilities] Department of Environmental Protection shall, after hearing, by order in writing, adopt appropriate rules, regulations or administrative orders for the supervision of the public utility aspects of the solid waste collection industry.

c. [The Board of Public Utilities shall, in conjunction with the Department of Environmental Protection, after hearing, by order in writing, adopt appropriate rules, regulations or administrative orders providing for the interdistrict, intradistrict and interstate flow of solid waste. The rules, regulations, or administrative orders shall establish the manner in which the board and the department jointly direct the flow of solid waste in this State pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) and P.L.1970, c.39 (C.13:1E-1 et seq.).

The provisions of this subsection shall not apply to designated recyclable materials as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12) or any other recyclable material whenever markets for those materials are available.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1991, c.381, s.27)

111. Section 2 of P.L.1983, c.123 (C.48:13A-4.1) is amended to read as follows:

2. Notwithstanding the provisions of P.L.1970, c. 40 or any other law, the [Board of Public Utilities] Department of Environmental Protection shall not have any jurisdiction over charges or rates received by persons engaging in the business of picking up, transporting or unloading of septic waste in this State.

(cf: P.L.1983, c.123, s.2)

112. Section 40 of P.L.1985, c.38 (C.48:13A-5.1) is amended to read as follows:

40. Any municipality within which is located, pursuant to an adopted and approved district solid waste management plan, a resource recovery facility at which solid waste is accepted for disposal by incineration, shall be entitled to an annual economic benefit in consideration for the use of land within its municipal boundaries as the location of a resource recovery facility.

The annual economic benefit shall be not less than the equivalent of $1.00 per ton of all solid waste accepted for disposal at the resource recovery facility during the 1997 calendar year and each year thereafter.

The [person holding the franchise for a resource recovery facility pursuant to the provisions of section 6 of P.L.1970, c.40 (C.48:13A-5)] owner or operator of the resource recovery facility shall, no later than January 25, 1998 and on or before January 25 of each year thereafter, file with the chief fiscal officer of the municipality wherein the resource recovery facility is located a statement, verified by oath, showing the total number of tons of solid waste accepted for disposal by incineration at the resource recovery facility during the preceding calendar year, and shall at the time pay to the chief fiscal officer a sum equal to at least $1.00 per ton of all solid waste accepted for disposal by incineration at the resource recovery facility.

A municipality that qualifies for an annual economic benefit pursuant to this section may negotiate with the [person holding the franchise for a] owner or operator of the resource recovery facility [or the contracting unit, or both as the case may be,] for an amount exceeding the amount of the annual economic benefit provided for in this section.

The provisions of this section shall not apply to any municipality that receives an annual economic benefit in an amount equal to or exceeding the amount of the annual economic benefit provided for in this section, which is paid by a person or party other than the owner or operator of the resource recovery facility, in consideration for the use of land within its municipal boundaries as the location of a resource recovery facility.

For the purposes of this section, "person or party" means any individual, public or private corporation, company, partnership, firm, association, political subdivision of the State, or any State, bistate, or interstate agency or authority; and "resource recovery facility" 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.

(cf: P.L.1985, c.38, s.40)

113. Section 7 of P.L.1970, c.40 (C.48:13A-6) is amended to read as follows:

7. a. No person shall engage, or be permitted to engage, in the business of solid waste collection or solid waste disposal until found by the [board] Department of Environmental Protection to be qualified by experience, training or education to engage in such business, is able to furnish proof of financial responsibility, and unless that person holds a certificate of public convenience and necessity issued by the [Board of Public Utilities] Department of Environmental Protection.

(1) No certificate shall be issued for solid waste collection or solid waste disposal until the person proposing to engage in solid waste collection or solid waste disposal, as the case may be, has been registered with and approved by the Department of Environmental Protection as provided by section 5 of P.L.1970, c.39 (C.13:1E-5).

(2) No certificate of public convenience and necessity shall be issued by the [Board of Public Utilities] Department of Environmental Protection to any person who has been denied approval of a license under the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), or whose license has been revoked by the Department of Environmental Protection, as the case may be.

b. No person shall transport regulated medical waste until found by the [Board of Public Utilities] Department of Environmental Protection to be qualified by experience, training or education to engage in such business, and is able to furnish proof of financial responsibility, and holds a certificate of public convenience and necessity issued by the [board] Department of Environmental Protection. No certificate shall be issued for the transportation of regulated medical waste until the proposed transporter has obtained a registration statement required by section 5 of P.L.1970, c.39 (C.13:1E-5) and paid the fee imposed under section 9 of P.L.1989, c.34 (C.13:1E-48.9).

c. Notwithstanding the provisions of subsection b. of this section, the [board] department shall not have jurisdiction over rates or charges for the transportation of regulated medical waste.

(cf: P.L.1991, c.381, s.28)

114. Section 1 of P.L.1981, c.221 (C.48:13A-6.1) is amended to read as follows:

1. Notwithstanding the provision of any other law, rule or regulation to the contrary, no sanitary landfill facility shall commence or continue operation unless a solid waste disposal tariff therefor has been filed and approved by the [Board of Public Utilities] Department of Environmental Protection pursuant to the "Solid Waste Utility Control Act [of 1970] ," [(]P.L.1970, c.40[,] (C.48:13A-1 et seq.). No sanitary landfill facility shall operate under any conditions contrary to those specifically set forth in its approved solid waste disposal tariff.

[This act] The provisions of this section shall not apply to sanitary landfill facilities operated by [an] a public authority created [under P.L.1946, c. 138 (C. 40:14A-1 et seq.) or] pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.).

(cf: P.L.1981, c.221, s.1)

115. Section 2 of P.L.1990, c.113 (C.48:13A-6.2) is amended to read as follows:

2. a. The provisions of P.L.1957, c.183 (C.40:14B-1 et seq.), P.L.1985, c.38 (C.13:1E-136 et al.) or any other law, or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, any transfer station constructed or operated in this State shall be deemed a public utility and shall be subject to the [rate regulation and continuing jurisdiction] supervision of the [Board of Public Utilities] Department of Environmental Protection. No transfer station shall commence or continue solid waste transfer operations and no person may own or operate a transfer station in this State unless the person has:

(1) filed a registration statement and engineering design application and obtained approval thereof from the Department of Environmental Protection as required by section 5 of P.L.1970, c.39 (C.13:1E-5);

(2) obtained a certificate of public convenience and necessity from the [Board of Public Utilities] Department of Environmental Protection as required by section 7 of P.L.1970, c.40 (C.48:13A-6); and

(3) filed an initial solid waste disposal tariff or lawfully negotiated contract for solid waste transfer operations and obtained approval thereof from the [Board of Public Utilities] Department of Environmental Protection, which tariff or contract shall include the formulas to be used to determine the charges, rates, or fees to be charged for the utilization of the transfer station, and the methodology or methodologies used to develop these formulas.

b. [It shall remain the continuing responsibility of the owner or operator of every transfer station to file a revised tariff, or any proposed revisions to a lawfully negotiated contract for solid waste transfer operations, and obtain approval thereof from the Board of Public Utilities, whenever the owner or operator of a transfer station seeks to adjust the charges, rates, or fees charged for the utilization of the transfer station.] (Deleted by amendment, P.L. , c. )

c. [No adjustment to the charges, rates, or fees charged for the utilization of any transfer station operated in this State shall take effect prior to the approval thereof by the Board of Public Utilities.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1990, c.113, s.2)

116. Section 2 of P.L.1991, c.381 (C.48:13A-7.2) is amended to read as follows:

2. The Legislature finds and declares that the collection of solid waste is an activity thoroughly affected with the public interest; that the health, safety and welfare of the people of this State require efficient and reasonable solid waste collection services; and that efficient solid waste collection services at competitive rates will more likely be achieved if the solid waste collection industry is under the supervision of, but not subject to traditional public utility rate regulation by, the [Board of Public Utilities] Department of Environmental Protection.

The Legislature further finds and declares that it is imperative that the State ensure the economic viability and competitiveness of the solid waste collection industry in order to safeguard the integrity of the State's long-term solid waste management strategy; that it is equally imperative to safeguard the interests of consumers as well as the interests of those providing solid waste collection services; and that to provide for ratepayer and consumer protection it is necessary to foster competition within the industry and to establish a responsible State supervisory role to ensure safe, adequate and proper solid waste collection service [at competitive rates; and that to achieve these ends in the most efficient and reasonable manner, it is necessary to establish procedures for regulatory reform and the eventual termination of traditional public utility rate regulation of the solid waste collection industry].

[The Legislature further finds and declares that the Legislature through enactment of P.L.1983, c.392 (C.13:1E-126 et seq.) has established a licensing system which is designed to prevent persons with criminal backgrounds from engaging in the solid waste collection business, thereby promoting free and open competition within the solid waste collection industry; and that terminating traditional public utility rate regulation of the solid waste collection industry can be achieved without compromising the State's role in protecting the public interest.]

The Legislature therefore determines that it is in the public interest to [establish procedures for the eventual termination of public utility rate regulation of solid waste collectors while at the same time maintaining Board of Public Utilities] maintain supervision by the Department of Environmental Protection over the solid waste collection industry.

(cf: P.L.1991, c.381, s.2)

117. Section 3 of P.L.1991, c.381 (C.48:13A-7.3) is amended to read as follows:

3. As used in sections 1 through 23 of P.L.1991, c.381 (C.48:13A-7.1 et al.):

"Applicant" means any person seeking to obtain an initial certificate of public convenience and necessity pursuant to sections 7 and 10 of P.L.1970, c.40 (C.48:13A-6 and 48:13A-9) in order to provide solid waste collection services in this State.

["Board" means the Board of Public Utilities.]

"Department" means the Department of Environmental Protection.

"Materials recovery" means the processing and separation of solid waste utilizing manual or mechanical methods for the purposes of recovering recyclable materials for disposition and recycling prior to the disposal of the residual solid waste at an authorized solid waste facility.

"Materials recovery facility" means a transfer station or other authorized solid waste facility at which nonhazardous solid waste, which material is not source separated by the generator thereof prior to collection, is received for onsite processing and separation utilizing manual or mechanical methods for the purposes of recovering recyclable materials for disposition and recycling prior to the disposal of the residual solid waste at an authorized solid waste facility.

"Regular solid waste collection service" means the scheduled pick-up and removal of solid waste from a source of generation within the boundaries of any municipality at least once a week.

"Septic waste" means pumpings from septic tanks and cesspools, but shall not include wastes from a sewage treatment plant.

"Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for [solid animal and vegetable wastes] source separated recyclable materials or source separated food waste collected by [swine] livestock producers [licensed] approved by the State Department of Agriculture to collect, prepare and feed such wastes to [swine] livestock on their own farms. "Solid waste collection" means the activity related to pickup and transportation of solid waste from its source or location to an authorized solid waste facility, but does not include activity related to the pickup, transportation or unloading of septic waste.

"Solid waste collection services" means the services provided by persons engaging in the business of solid waste collection.

"Solid waste container" means a receptacle, container or bag suitable for the depositing of solid waste.

"Solid waste disposal" means the storage, treatment, utilization, processing, or final disposal of solid waste.

"Solid waste disposal services" means the services provided by persons engaging in the business of solid waste disposal.

"Solid waste facilities" [mean] means and [include] includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of P.L.1970 c.39 (C.13:1E-1 et seq.) and P.L.1970, c.40 (C.48:13A-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

"Source separated recyclable materials" means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

["Transition year" means any of the four successive 12-month periods commencing on the effective date of P.L.1991, c.381 (C.48:13A-7.1 et al.).]

(cf: P.L.1991, c.381, s.3)

118. Section 4 of P.L.1991, c.381 (C.48:13A-7.4) is amended to read as follows:

4. a. Every solid waste collector shall pay an annual fee of $100.00 to cover the costs of supervising the solid waste collection industry. The fee imposed pursuant to this section shall be in addition to the annual solid waste collection assessment made by the [board] department pursuant to [P.L.1968, c.173 (C.48:2-59 et seq.)] section 106 of P.L. , c. (C.48:13A-16)(pending in the Legislature as this bill).

b. The provisions of section 1 of P.L.1959, c.43 (C.48:2-56) or any other law, or any rules or regulations adopted pursuant thereto, to the contrary notwithstanding, the [board] department may charge and collect a filing fee of up to $500.00 per applicant from persons seeking to obtain a certificate of public convenience and necessity pursuant to sections 7 and 10 of P.L.1970, c.40 (C.48:13A-6 and 48:13A-9).

(cf: P.L.1991, c.381, s.4)

119. Section 11 of P.L.1991, c.381 (C.48:13A-7.11) is amended to read as follows:

11. Every solid waste collector shall notify customers at least once every year that solid waste collection services in this State are available on a competitive basis, as provided in the customer bill of rights established by the [board] department in rules and regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall provide every customer with a copy thereof.

(cf: P.L.1991, c.381, s.11)

120. Section 15 of P.L.1991, c.381 (C.48:13A-7.15) is amended to read as follows:

15. The rates or charges imposed by solid waste collectors, or fees, rates or charges for solid waste collection services provided by persons engaged in the business of solid waste collection in this State shall not be subject to the regulation of the Board of Public Utilities, the Department of Environmental Protection or any other State agency, except as provided in section 20 of P.L.1991, c.381 (C.48:13A-7.20). Nothing herein provided shall be construed to limit the authority of the [board] Department of Environmental Protection with respect to the supervision of the solid waste collection industry. (cf: P.L.1991, c.381, s.15)

121. Section 16 of P.L.1991, c.381 (C.48:13A-7.16) is amended to read as follows:

16. a. The [board] department may compel any person engaged in the business of solid waste collection or otherwise providing solid waste collection services to furnish and file with the [board] department a consolidated annual report or other documents as may be necessary to enable the [board] department to administer its duties as prescribed by law and this act.

b. Should any person engaged in the business of solid waste collection or otherwise providing solid waste collection services fail or refuse to comply with any provision of this section, the [board] department may revoke or suspend the certificate of public convenience and necessity issued to that person.

(cf: P.L.1991, c.381, s.16)

122. Section 17 of P.L.1991, c.381 (C.48:13A-7.17) is amended to read as follows:

17. a. The [board] department may compel any solid waste collector to furnish and file with the [board] department any records, including, but not limited to, manifests, origin and destination forms, customer lists, financial or operational information, contracts, books, accounts and records of affiliated business concerns, including any affiliated or parent corporation or organization, or any wholly or partially owned subsidiary thereof, directly or indirectly involved therewith, or having a direct or indirect financial interest in the solid waste collection services provided by the solid waste collector, and all financial transactions between these parties related to the solid waste collection services provided by the solid waste collector, and any other documents related to solid waste collection or solid waste disposal activities, at any time or place in order to determine compliance with the provisions of this act or P.L.1970, c.40 (C.48:13A-1 et seq.) or any rule, regulation or administrative order adopted or issued pursuant thereto, and to enable the [board] department to administer its duties as prescribed by law and this act.

b. Should any solid waste collector fail or refuse to comply with any provision of this section, the [board] department may revoke or suspend the certificate of public convenience and necessity issued to that person.

(cf: P.L.1991, c.381, s.17)

123. Section 18 of P.L.1991, c.381 (C.48:13A-7.18) is amended to read as follows:

18. a. Should any person engaged in the solid waste collection business fail or refuse to complete, execute or perform any contract or agreement obligating [such] the person to provide solid waste collection services, the [board] department may order any solid waste collector to extend solid waste collection services into any area where the collection of solid waste has been discontinued.

b. Should the [board] department find that any class of customers within a specific geographic area is unable to secure solid waste collection services, or that any person seeking a specific type of solid waste collection service is unable to secure solid waste collection services, or that the [board] department has received complaints pertaining to the adequacy of existing solid waste collection services, the [board] department may order any solid waste collector to extend solid waste collection services to that geographic area, class of customers or person.

c. [(1) Prior to the effective date of section 15 of P.L.1991, c.381 (C.48:13A-7.15), should the board order any solid waste collector to extend solid waste collection services to any area, class of customers or person, the rates and charges for the extended solid waste collection services shall be determined in accordance with the provisions of sections 7, 9 and 10 of P.L.1991, c.381 (C.48:13A-7.7, 48:13A-7.9 and 48:13A-7.10).

(2) After the effective date of section 15 of P.L.1991, c.381 (C.48:13A-7.15), should the board] Should the department order any solid waste collector to extend solid waste collection services to any area, class of customers or person, the rates and charges for the extended solid waste collection services shall be determined by the person ordered by the [board] department to extend those services. d. Should any solid waste collector fail or refuse to comply with any provision of this section, the [board] department may revoke or suspend the certificate of public convenience and necessity issued to that person.

(cf: P.L.1991, c.381, s.18)

124. Section 19 of P.L.1991, c.381 (C.48:13A-7.19) is amended to read as follows:

19. [Within 180 days of the effective date of this amendatory and supplementary act] No later than October 14, 1992, the [Board of Public Utilities] Department of Environmental Protection shall establish, in rules and regulations adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the criteria and procedures to be utilized by the [board] department in making a determination of effective competition.

a. The [board] department shall utilize the criteria in making a determination as to whether a lack of effective competition is likely to occur if the [board] department approves a transaction pursuant to the provisions of R.S.48:3-7 [, or in making a determination as to whether a lack of effective competition exists within a specific geographic area, class of customers or type of solid waste collection services].

b. The criteria shall include, but need not be limited to, the following:

(1) the existence of barriers to entry of persons seeking to provide solid waste collection services within a specific geographic area, class of customers or type of service;

(2) the structure of the solid waste collection industry within a specific geographic area, class of customers or type of service, including the number of participating solid waste collectors, the intensity of competition, or the concentration in ownership of collection or haulage vehicles or other equipment; and

(3) the existence of patterns of anti-competitive behavior by persons providing solid waste collection services within a specific geographic area, class of customers or type of service.

c. The [board] department shall utilize the criteria in conjunction with generally accepted economic indicators which shall be identified in rules and regulations adopted pursuant to the provisions of the "Administrative Procedure Act." These indicators may include an evaluation of capital investment costs, economies of scale, differentiation of service, technological barriers facing entrants, financial requirements, including capital entry or exit costs, regulatory barriers, and business characteristics, including number of customers, customer turnover, annual gross revenues, class or type of service provided, and annual net income.

d. [The board shall establish procedures to be utilized in reviewing the rates or charges received by a solid waste collector pursuant to sections 6 and 20 of P.L.1991, c.381 (C.48:13A-7.6 and 48:13A-7.20).] (Deleted by amendment, P.L. , c. )

(cf: P.L.1991, c.381, s.19)

125. Section 21 of P.L.1991, c.381 (C.48:13A-7.21) is amended to read as follows:

21. a. There is created in the [Board of Public Utilities] Department of Environmental Protection a special nonlapsing fund to be known as the "Solid Waste Enforcement Fund." All monies from penalties collected by the [board] department pursuant to section 13 of P.L.1970, c.40 (C.48:13A-12) shall be deposited in the fund.

b. Unless otherwise expressly provided by the specific appropriation thereof by the Legislature, which shall take the form of a discrete legislative appropriations act and shall not be included within the annual appropriations act, monies in the fund shall be utilized exclusively by the [Division of Solid Waste in the Board of Public Utilities] Department of Environmental Protection for enforcement and implementation of the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.) and P.L.1991, c.381 (C.48:13A-7.1 et al.).

(cf: P.L.1991, c.381, s.21)

126. Section 22 of P.L.1991, c.381 (C.48:13A-7.22) is amended to read as follows:

22. The [Board of Public Utilities] Department of Environmental Protection shall establish, in rules and regulations adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), uniform bid specifications for municipal solid waste collection contracts.

(cf: P.L.1991, c.381, s.22)

127. Section 9 of P.L.1970, c.40 (C.48:13A-8) is amended to read as follows:

9. Should any person engaged in the solid waste disposal business fail or refuse to complete, execute or perform any contract or agreement obligating [such] the person to provide solid waste disposal services, the [board] department may order any person engaged in the solid waste disposal business to extend solid waste disposal services into any area where solid waste disposal service has been discontinued [in accordance with the provisions of R.S.48:2-27, and the board shall:] .

[(1) fix an appropriate initial rate for solid waste collection service; or

(2) fix and exercise continuing jurisdiction over just and reasonable rates and charges for solid waste disposal service in the extended area.]

[c. Should any person engaged in the solid waste collection business refuse to furnish solid waste collection services within a municipality pursuant to section 2 of P.L.1991, c.170 (C.40:66-5.2), the board may order the solid waste collector to provide these services in accordance with the provisions of R.S.48:2-23.]

(cf: P.L.1991, c.381, s.30)

128. Section 10 of P.L.1970, c.40 (C.48:13A-9) is amended to read as follows:

10. The [board, on its own initiative or upon complaint by the] Department of Environmental Protection shall revoke or suspend the certificate of public convenience and necessity issued to any person engaged in the solid waste collection business or the solid waste disposal business upon the finding that [such] the person:

a. Has violated any provision of P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et al.), or any rule, regulation or administrative order adopted or issued pursuant thereto; or

b. Has violated any provision of any laws related to pollution of the air, water or lands of this State; or

c. Has refused or failed to comply with any lawful order of the [board] Department of Environmental Protection; or

d. Has had its registration revoked by the Department of Environmental Protection; or

e. Has been denied approval of a license under the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), or has had its license revoked by the Department of Environmental Protection, as the case may be.

(cf: P.L.1991, c.381, s.31)

129. Section 12 of P.L.1970, c.40 (C.48:13A-11) is amended to read as follows:

12. a. The [board] Department of Environmental Protection may compel the attendance of witnesses and the production of tariffs, contracts, papers, books, accounts and all the documents necessary to enable the [board] department to administer its duties as prescribed by law and this act.

b. The [board] Department of Environmental Protection may compel any person engaged in the business of solid waste collection or solid waste disposal or otherwise providing solid waste collection or transfer, transportation or disposal services in this State to furnish and file with the [board] department any annual reports, federal or State tax returns, contracts, papers, books, accounts, customer lists, financial or operational information, or contracts, books, accounts and records of affiliated business concerns, including any affiliated or parent corporation or organization, or any wholly or partially owned subsidiary thereof, directly or indirectly involved therewith, or having a direct or indirect financial interest in the solid waste disposal services provided by that person, and all financial transactions between these parties related to the solid waste disposal services provided by that person, or other documents as may be necessary to enable the [board] department to administer its duties as prescribed by law and this act. c. Should any person engaged in the business of solid waste collection or solid waste disposal or otherwise providing solid waste collection or transfer, transportation or disposal services fail or refuse to comply with any provision of this section, or any applicable provision of Title 48 of the Revised Statutes, the [board] Department of Environmental Protection may revoke or suspend the certificate of public convenience and necessity issued to that person.

(cf: P.L.1991, c.381, s.33)

130. Section 13 of P.L.1970, c.40 (C.48:13A-12) is amended to read as follows:

13. a. Any person or any officer or agent thereof who shall knowingly violate any of the provisions of [this act] P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et al.) or aid or advise in such violation, or who, as principal, manager, director, agent, servant or employee knowingly does any act comprising a part of such violation, is guilty of a crime of the fourth degree and shall be punished by imprisonment for not more than 18 months or, notwithstanding the provisions of N.J.S.2C:43-3, by a fine of not more than $50,000.00, or both; and if a corporation by a fine of not more than $100,000.00. Each day during which the violation continues constitutes an additional, separate and distinct offense.

b. Any person who shall violate any provision of P.L.1970, c.40 (C.48:13A-1 et seq.) [or] , P.L. , c. (C.48:13A-14 et seq.) (pending in the Legislature as this bill) or P.L.1991, c.381 (C.48:13A-7.1 et al.), or any rule, regulation or administrative order adopted or issued pursuant thereto, [including an interdistrict, intradistrict or interstate waste flow order issued in conjunction with the Department of Environmental Protection,] or under any applicable provision of Title 48 of the Revised Statutes, or who shall engage in the solid waste collection business or solid waste disposal business without having been issued a certificate of public convenience and necessity, shall be liable to a penalty of not more than $10,000.00 for a first offense, not more than $25,000.00 for a second offense and not more than $50,000.00 for a third and every subsequent offense. Each day during which the violation continues constitutes an additional, separate and distinct offense. The penalties herein provided shall be enforced by summary proceedings instituted by the [board] Department of Environmental Protection under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court and the municipal courts shall all have jurisdiction to enforce "the penalty enforcement law" in connection with this act.

c. Whenever it shall appear to the [board] Department of Environmental Protection, a municipality, local board of health, or county health department, as the case may be, that any person has violated, intends to violate, or will violate any provision of P.L.1970, c.40 (C.48:13A-1 et seq.), P.L. , c. (C.48:13A-14 et seq.)(pending in the Legislature as this bill) or P.L.1991, c.381 (C.48:13A-7.1 et al.), or any rule, regulation or administrative order adopted or issued pursuant thereto, or under any applicable provision of Title 48 of the Revised Statutes, the [board] department, the municipality, local board of health or county health department may institute a civil action in the Superior Court for injunctive relief and for such other relief as may be appropriate in the circumstances, and the court may proceed in any such action in a summary manner.

Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto to the contrary, all penalties recovered pursuant to actions brought by the [board] department under this section shall be paid to the "Solid Waste Enforcement Fund" established pursuant to section 21 of P.L.1991, c.381 (C.48:13A-21). If a money judgment is rendered against a defendant pursuant to subsections a. or b. of this section, the payment made to the court shall be remitted to the fund.

(cf: P.L.1991, s.381, s.34)

131. (New section) Except as otherwise expressly provided herein, nothing contained in the provisions of P.L. , c. (C.13:1E-208 et al.) (pending in the Legislature as this bill) shall be construed to modify the county and municipal recycling program requirements or other mandatory provisions of the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et seq.), or any rule or regulation adopted pursuant thereto.

132. (New section) Nothing contained in the provisions of P.L. , c. (C.13:1E-208 et al.)(pending in the Legislature as this bill) shall be construed to modify the provisions of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.), or any rule or regulation adopted pursuant thereto, or the comprehensive management plan prepared and adopted by the Pinelands Commission pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8).

133. The following are repealed:

Section 1 of P.L.1984, c.221 (C.13:1E-5.3);

Section 2 of P.L.1981, c.438 (C.13:1E-9.1);

Section 2 of P.L.1990, c.70 (C.13:1E-9.5);

Section 20 of P.L.1975, c.326 (C.13:1E-29);

Sections 29 and 30 of P.L.1975, c.326 (C.13:1E-36 and

13:1E-37);

Section 9 of P.L.1989, c.34 (C.13:1E-48.9);

Section 12 of P.L.1989, c.34 (C.13:1E-48.12);

Section 7 of P.L.1981, c.278 (C.13:1E-98);

Section 5 of P.L.1987, c.102 (C.13:1E-99.15);

Section 9 of P.L.1987, c.102 (C.13:1E-99.17);

Section 11 of P.L.1989, c.151 (C.13:1E-99.21e);

Section 23 of P.L.1987, c.102 (C.13:1E-99.31);

Section 40 of P.L.1987, c.102 (C.13:1E-99.33);

Section 45 of P.L.1987, c.102 (C.13:1E-99.37);

Section 48 of P.L.1987, c.102 (C.13:1E-99.38);

Section 13 of P.L.1981, c.306 (C.13:1E-112);

Sections 2 and 3 of P.L.1983, c.93 (C.13:1E-118 and

13:1E-119);

Section 9 of P.L.1985, c.38 (C.13:1E-144);

Section 11 of P.L.1985, c.38 (C.13:1E-146);

Sections 16 and 17 of P.L.1985, c.38 (C.13:1E-151 and

13:1E-152);

Sections 30 and 31 of P.L.1985, c.38 (C.13:1E-165 and

13:1E-166);

Section 1 of P.L.1985, c.368 (C.13:1E-169);

Sections 3 through 7 inclusive of P.L.1985, c.368

(C.13:1E-171 through 13:1E-175);

Section 3 of P.L.1989, c.236 (C.27:2-9);

Section 4 of P.L.1973 c.330 (C.40:37A-101);

Section 5 of P.L.1973 c.330 (C.40:37A-102);

Section 6 of P.L.1973, c.330 (C.40:37A-103);

Section 7 of P.L.1973 c.330 (C.40:37A-104);

Section 8 of P.L.1973 c.330 (C.40:37A-105);

R.S.40:66-2;

R.S.40:66-3;

Sections 1 through 3 inclusive of P.L.1991, c.170

(C.40:66-5.1 through 40:66-5.3);

Section 1 of P.L.1989, c.236 (C.40A:11-16.5);

Section 6 of P.L.1970, c.40 (C.48:13A-5);

Section 1 of P.L.1991, c.35 (C.48:13A-6.3);

Section 8 of P.L.1970, c.40 (C.48:13A-7);

Section 14 of P.L.1991, c.381 (C.48:13A-7.14);

Section 20 of P.L.1991, c.381 (C.48:13A-7.20); and

Section 2 of P.L.1989, c.236, (C.52:34-13.1).

134. This act shall take effect immediately.

"Solid Waste Management and Environmental Investment Cost Recovery Act."