ASSEMBLY, No. 85

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen ROONEY and ROCCO

 

 

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. 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, utilizing or [utilizing] recycling 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;] Provide the various municipalities and counties of this State 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, utilization and recycling;

    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)

 

    2. 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 collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine 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.

    [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.

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

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

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

    [h.] "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 any person 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.

    [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.); 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.); county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 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.

    [r.] "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.

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

 

    3. 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 or solid waste disposal facility or operation and in determining the conditions under which it may be approved, shall not approve the registration of any new operation or facility that does not conform to the solid waste management plan of the solid waste management district in which such operation or facility is to be located, as such 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.] (Deleted by amendment, P.L. , c. )

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

 

    4. 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)

 

    5. 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; plans for erosion control; revegetation procedures and plans for the maintenance, upkeep, and reuse of any sanitary landfill facility 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 encourage the maximum practicable use of [resource recovery procedures] instate 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 or recycling of solid waste;

    (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)

 

    6. 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, 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)

 

    7. 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 registered solid waste facility or an out-of-state disposal site [or any other place] which has authorization from the [Department of Environmental Protection] appropriate state regulatory agency having jurisdiction over solid waste management to accept out-of-state solid waste for disposal.

    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 registered solid waste facility or an out-of-state disposal site [or any other place which does not have authorization from the Department of Environmental Protection] which has authorization from the appropriate state regulatory agency having jurisdiction over solid waste management to accept out-of-state solid waste for disposal.

    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 municipality, local board of health, or county health department, as the case may be.

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

 

    8. 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 of solids on all solid waste accepted for disposal at the sanitary landfill facility during the previous calendar year as determined by the department.

    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. , c. )

    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)

 

    9. 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] department, but not less than the equivalent of $0.50 per ton of all solid waste accepted for transfer at the transfer station during the 1987 calendar year and each year thereafter.

    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] department, 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)

 

    10. 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 $1.50 per ton, of all solid waste accepted for disposal at the sanitary landfill facility, as determined by the department, during the 1993 calendar year and each year thereafter.

    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)

 

    11. Section 1 of P.L.1976, c.99 (C.13:1E-38) is amended to read as follows:

    1. As used in this act[, the following words and phrases shall have the following meanings, unless the context clearly requires another meaning]:

    a. "Bulk liquids" means liquid or semiliquid waste, including petroleum products, which is contained within, or is discharged from, any one vessel, tank or other container which has a capacity of 20 or more gallons;

    b. "Chemical waste" means 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.

    c. "Hazardous waste" means any waste or any 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;

    d. "Leachate" is a liquid that has been in contact with solid waste and contains dissolved or suspended materials from that solid waste.

    e. "Pesticide" means and includes any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. "Pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.

    f. "Commercial solid waste facility" means any solid waste facility operated for profit which accepts any solid waste generated from any other source [and is subject to the jurisdiction of the Board of Public Utilities pursuant to the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.)].

(cf: P.L.1979, c.395, s.2)

 

    12. Section 8 of P.L.1989, c.34 (C.13:1E-48.8) is amended to read as follows:

    8. a. No person may transport regulated medical waste unless the person has:

    (1) satisfied all requirements prescribed by the Department of Environmental Protection, and filed a registration statement and obtained approval thereof from the department on a form provided, and containing all information requested by the department;

    (2) paid an annual registration fee in an amount set by the Department of Environmental Protection pursuant to a rule or regulation adopted in accordance with the "Administrative Procedure Act;"

    (3) received written instruction from the departments on the proper and safe tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of regulated medical waste;

    (4) obtained a registration statement required by section 5 of P.L.1970, c.39 (C.13:1E-5); and

    (5) [obtained a certificate of public convenience and necessity required by section 7 of P.L.1970, c.40 (C.48:13A-6);

    (6)] complied with the requirements of P.L.1983, c.392 (C.13:1E-126 et seq.)[; and

    (7) paid an annual fee to, and in an amount set by, the Board of Public Utilities pursuant to section 9 of this act].

    b. The provisions of subsection a. of this section shall not apply to a generator who generates less than three cubic feet of regulated medical waste per month and who transports that regulated medical waste to another generator for storage or disposal.

(cf: P.L.1989, c.34, s.8)

 

    13. Section 13 of P.L.1989, c.34 (C.13:1E-48.13) is amended to read as follows:

    13. a. The departments shall study the issue of regulated medical waste in the State and prepare a comprehensive State regulated medical waste management plan addressing the immediate, interim, and long-term needs of the State with respect to the disposal of regulated medical waste in a manner that will protect the public health and the environment. The departments, [within one year of the effective date of this act] no later than March 6, 1990, shall transmit to the Governor and the Legislature the comprehensive State regulated medical waste management plan.

    b. The comprehensive State regulated medical waste management plan shall include:

    (1) an inventory of the number and types of generators of regulated medical waste within the State, and of the composition and quantities of regulated medical waste generated thereby, together with a recommendation with respect to the advisability, practicability and feasibility of exempting certain small quantity generators from the manifest requirements imposed by this act;

    (2) a projection of the number and types of generators of regulated medical waste within the State for the next 30 years following enactment of this act, and the composition and quantities of regulated medical waste to be generated thereby;

    (3) an evaluation of the impact of out-of-state generators upon the present and future regulated medical waste disposal capacity within the State;

    (4) an evaluation[, to be undertaken in conjunction with the Board of Public Utilities,] of the status of the regulated medical waste collection and disposal industries, and whether they are of sufficient size and competitiveness to meet the needs of the State, and, if not, recommendations of ways to increase the size and competitiveness thereof;

    (5) an inventory and appraisal, including the identity, location, and life expectancy, of all existing and approved incineration or non-incineration disposal capacity which is anticipated to be available to each county in this State for its regulated medical waste disposal needs, including all commercial and noncommercial regulated medical waste disposal facilities, and solid waste facilities within the State and in nearby states permitted to accept regulated medical waste for disposal;

    (6) an updated projection of the anticipated regulated medical waste disposal capacity shortfall in each county in this State in the next 5 years from the date of enactment of this act;

    (7) a recommendation of the regulated medical waste disposal strategy to be applied in the State, which strategy shall include the maximum practicable use of existing and approved incineration capacity for regulated medical waste, particularly pathology specimens, resource recovery procedures, recycling, and consideration of the establishment of regional regulated medical waste disposal facilities;

    (8) recommendations of any statutory and regulatory changes deemed necessary to implement the comprehensive State regulated medical waste management plan and assure utilization of the most sanitary, efficient, and economical methods for the tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of regulated medical waste; and

    (9) an evaluation of the environmental and public health impacts of all reasonably available regulated medical waste treatment and disposal technologies, and a recommendation concerning the extent to which non-incineration technologies may be utilized as an alternative to incineration technologies.

(cf: P.L.1989, c.34, s.13)

 

    14. Section 15 of P.L.1989, c.34 (C.13:1E-48.15) is amended to read as follows:

    15. a. Upon the submission to the Governor and the Legislature of the comprehensive State regulated medical waste management plan prepared by the departments pursuant to section 13 of [this act] P.L.1989, c.34 (C.13:1E-48.13), the Department of Environmental Protection shall:

    (1) transmit, by certified mail, a written determination of need to the governing body of each county in this State in which the department has determined that there exists or impends an anticipated regulated medical waste disposal capacity shortfall; and

    (2) issue[, in conjunction with the Board of Public Utilities,] appropriate administrative orders providing for the interdistrict or intradistrict flow of regulated medical waste. The administrative orders shall direct the flow of regulated medical waste generated within each county in this State to designated commercial regulated medical waste disposal facilities and, subject to the prior approval of the owner or operator thereof, to designated noncommercial facilities for disposal.

    b. In the event that appropriate rules and regulations to implement the Federal Act have not been adopted by the United States Environmental Protection Agency prior to the submission to the Governor and the Legislature of the comprehensive State regulated medical waste management plan, the departments may adopt, by rule or regulation, regulated medical waste management requirements to provide for the proper and safe segregation, identification, packaging, storage, labeling, control, monitoring, handling, collection, and disposal of regulated medical waste consistent with those set forth in this act.

(cf: P.L.1989, c.34, s.15)

 

    15. Section 16 of P.L.1989, c.34 (C.13:1E-48.16) is amended to read as follows:

    16. a. Within 12 months of the receipt of a written determination of need and notification of a regulated medical waste disposal capacity shortfall pursuant to section 15 of [this act] P.L.1989, c.34 (C.13:1E-48.15), the governing body of the affected county shall provide for the regulated medical waste disposal requirements of the county as determined by the department.

    b. A county may provide for its regulated medical waste disposal requirements in accordance with any of the following arrangements:

    (1) the development of one or more new commercial regulated medical waste disposal facilities, which facilities may utilize incineration or non-incineration technologies, within the county;

    (2) the development of one or more new noncommercial regulated medical waste disposal facilities within the county;

    (3) the more efficient utilization of existing operational incinerators or facilities, which incinerators and facilities accept regulated medical waste for disposal and are located within the county; or

    (4) the negotiation of an interdistrict agreement providing for the disposal of regulated medical waste generated within the county at an out-of-district incinerator, facility or proposed new commercial regulated medical waste disposal facility, as the case may be.

    c. In the event that a county has negotiated an interdistrict agreement pursuant to subsection b. of this section, the governing body of the county that is the designated recipient of out-of-district regulated medical waste shall transmit to the department, by certified mail, a copy of the negotiated or proposed interdistrict agreement and any other agreements therefor, including evidence of the intent of the parties to adopt the agreement, and the terms and conditions thereof.

    d. [Each affected county shall prepare and adopt 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.) to incorporate the regulated medical waste disposal arrangement selected pursuant to subsection b. of this section.] (Deleted by amendment, P.L. , c. )

(cf: P.L.1989, c.34, s.16)

 

    16. 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)


    17. Section 20 of P.L.1989, c.34 (C.13:1E-48.20) is amended to read as follows:

    20. a. This act, and any rule or regulation adopted pursuant thereto, shall be enforced by the departments and by every local board of health, or county health department, as the case may be.

     The departments and the local board of health, or the county health department, as the case may be, shall have the right to enter the premises of a generator, transporter, or facility at any time in order to determine compliance with this act.

    The municipal attorney or an attorney retained by a municipality in which a violation of this act is alleged to have occurred shall act as counsel to a local board of health.

    The county counsel or an attorney retained by a county in which a violation of this act is alleged to have occurred shall act as counsel to the county health department.

    All enforcement activities undertaken by county health departments pursuant to this subsection shall conform to all applicable performance and administrative standards adopted pursuant to section 10 of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-28).

    b. Whenever the Commissioner of Environmental Protection or the Commissioner of Health finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, that commissioner shall:

    (1) issue an order requiring the person found to be in violation to comply in accordance with subsection c. of this section;

    (2) bring a civil action in accordance with subsection d. of this section;

    (3) levy a civil administrative penalty in accordance with subsection e. of this section;

    (4) bring an action for a civil penalty in accordance with subsection f. of this section; or

    (5) petition the Attorney General to bring a criminal action in accordance with subsections g. through l. of this section.

    Pursuit of any of the remedies specified under this section shall not preclude the seeking of any other remedy specified.

    c. Whenever the Commissioner of Environmental Protection or the Commissioner of Health finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, that commissioner may issue an order specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, ordering abatement of the violation, and giving notice to the person of the person's right to a hearing on the matters contained in the order. The ordered party shall have 20 days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order.

    d. The Commissioner of Environmental Protection, the Commissioner of Health, a local board of health, or a county health department may institute an action or proceeding in the Superior Court for injunctive and other relief, including the appointment of a receiver for any violation of this act, or of any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief.

    Such relief may include, singly or in combination:

    (1) a temporary or permanent injunction;

    (2) assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection;

    (3) assessment of the violator for any cost incurred by the State in removing, correcting, or terminating the adverse effects upon environmental quality or public health resulting from any violation of this act, or any rule or regulation adopted pursuant thereto, for which the action under this subsection may have been brought;

    (4) assessment against the violator of compensatory damages for any loss or destruction of wildlife, fish or aquatic life, and for any other actual damages caused by any violation of this act, or any rule or regulation adopted pursuant thereto, for which the action under this subsection may have been brought.

    Assessments under this subsection shall be paid to the State Treasurer, or to the local board of health, or to the county health department, as the case may be, except that compensatory damages may be paid by specific order of the court to any persons who have been aggrieved by the violation.

    If a proceeding is instituted by a local board of health or county health department, notice thereof shall be served upon the commissioners in the same manner as if the commissioners were named parties to the action or proceeding. Either of the departments may intervene as a matter of right in any proceeding brought by a local board of health or county health department.

    e. Either of the commissioners, as the case may be, may assess a civil administrative penalty of not more than $50,000 for each violation. Each day that a violation continues shall constitute an additional, separate, and distinct offense. A commissioner may not assess a civil administrative penalty in excess of $25,000 for a single violation, or in excess of $2,500 for each day during which a violation continues, until the departments have respectively adopted, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations requiring the appropriate commissioner, in assessing a civil administrative penalty, to consider the operational history of the violator, the severity of the violation, the measures taken to mitigate or prevent further violations, and whether the penalty will maintain an appropriate deterrent. No assessment may be levied pursuant to this section until after the violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation, or order violated, a concise statement of the facts alleged to constitute a violation, a statement of the amount of the civil administrative penalties to be imposed, and a statement of the party's right to a hearing. The ordered party shall have 20 calendar days from receipt of the notice within which to deliver to the appropriate commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, that commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. Each department may compromise any civil administrative penalty assessed under this section in an amount the department determines appropriate.

    f. A person who violates this act, or any rule or regulation adopted pursuant thereto, shall be liable for a penalty of not more than $50,000 per day, to be collected in a civil action commenced by the Commissioner of Environmental Protection, the Commissioner of Health, a local board of health, or a county health department.

    A person who violates an administrative order issued pursuant to subsection c. of this section, or a court order issued pursuant to subsection d. of this section, or who fails to pay an administrative assessment in full pursuant to subsection e. of this section is subject upon order of a court to a civil penalty not to exceed $100,000 per day of each violation.

    Of the penalty imposed pursuant to this subsection, 10% or $250, whichever is greater, shall be paid to the appropriate department from the General Fund if the Attorney General determines that a person is entitled to a reward pursuant to section 24 of [this act] P.L.1989, c.34 (C.13:1E-48.24).

    Any penalty imposed pursuant to this subsection may be collected, with costs, in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act.

    g. A person who purposely or knowingly:

    (1) disposes or stores regulated medical waste without authorization from either the Department of Environmental Protection or the Department of Health, as appropriate, or in violation of this act, or any rule or regulation adopted pursuant thereto;

    (2) makes any false or misleading statement to any person who prepares any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto;

    (3) makes any false or misleading statement on any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto; or

    (4) fails to properly treat certain types of regulated medical waste designated by the Department of Health in a prescribed manner; shall, upon conviction, be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $50,000 for the first offense, and not more than $100,000 for each subsequent offense, and restitution, in addition to any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

    h. A person who recklessly or negligently:

    (1) disposes or stores regulated medical waste without authorization from either the Department of Environmental Protection or the Department of Health, as appropriate, or in violation of this act, or any rule or regulation adopted pursuant thereto;

    (2) makes any false or misleading statement to any person who prepares any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto;

    (3) makes any false or misleading statement on any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto; or

    (4) fails to properly treat certain types of regulated medical waste designated by the Department of Health in a manner prescribed thereby;

shall, upon conviction, be guilty of a crime of the fourth degree.

    i. A person who, regardless of intent:

    (1) transports any regulated medical waste to a facility or any other place in the State that does not have authorization from the Department of Environmental Protection [and the Board of Public Utilities] to accept such waste, or in violation of this act, or any rule or regulation adopted pursuant thereto; or

    (2) transports, or receives transported, regulated medical waste without completing and submitting a manifest in accordance with this act, or any rule or regulation adopted pursuant thereto;

shall, upon conviction, be guilty of a crime of the fourth degree.

    j. A person who purposely, knowingly, or recklessly:

    (1) generates and causes or permits to be transported any regulated medical waste to a facility or any other place in the State that does not have authorization from the Department of Environmental Protection [and the Board of Public Utilities] to accept such waste, or in violation of this act, or any rule or regulation adopted pursuant thereto; or

    (2) violates any other provision of this act, or any rule or regulation adopted pursuant thereto, for which no other criminal penalty has been specifically provided for; shall, upon conviction, be guilty of a crime of the fourth degree.

    k. All conveyances used or intended for use in the willful discharge, in violation of this act, or any rule or regulation adopted pursuant thereto, of regulated medical waste are subject to forfeiture to the State pursuant to P.L.1981, c.387 (C.13:1K-1 et seq.).

    l. The provisions of N.J.S.2C:1-6 to the contrary notwithstanding, a prosecution for violation of subsection g., subsection h., subsection i., or subsection j. of this section shall be commenced within five years of the date of discovery of the violation.

    m. No prosecution for a violation under this act shall be deemed to preclude a prosecution for the violation of any other applicable statute.

(cf: P.L.1989, c.34, s.20)

 

    18. Section 3 of P.L.1981, c.306 (C.13:1E-102) is amended to read as follows:

    3. As used in this act:

    a. "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of all measures required by the department, pursuant to law, in order to prevent, minimize or monitor pollution or health hazards resulting from sanitary landfill facilities subsequent to the termination of operations at any portion thereof, including, but not necessarily limited to, the costs of the placement of earthen or vegetative cover, the installation of methane gas vents or monitors and leachate monitoring wells or collection systems at the site of any sanitary landfill facility, and the cost of general liability insurance, including environmental impairment liability insurance, or an amount sufficient to create a self-insurance fund as may be determined by the [Board of Public Utilities] Department of Environmental Protection pursuant to section 10 of P.L.1981, c.306 (C.13:1E-109), to fund potential claims against the owner or operator of the sanitary landfill facility during the closure and post-closure period.

    b. "Owner or operator" means and includes, in addition to the usual meanings thereof, every owner of record of any interest in land whereon a sanitary landfill facility is or has been located, and any person or corporation which owns a majority interest in any other corporation which is the owner or operator of any sanitary landfill facility.

    c. "Division" means the Division of Taxation in the Department of the Treasury.

    d. "Director" means the Director of the Division of Taxation in the Department of the Treasury.

    e. "Tax period" means every calendar month, or any other period as may be prescribed by rule and regulation adopted by the director, on the basis of which the owner or operator of a sanitary landfill facility is required to report to the director pursuant to this act.

    f. "Taxpayer" means the owner or operator of a sanitary landfill facility subject to the tax provisions of this act.

(cf: P.L.1987, c.347, s.1)

 

    19. 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.

    c. [The Board of Public Utilities 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 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 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.] (Deleted by amendment, P.L. , c. )

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

 

    20. Section 8 of P.L.1983, c.392 (C.13:1E-133) is amended to read as follows:

    8. The provisions of any law to the contrary notwithstanding, no license shall be approved by the department:

    a. Unless the department finds that the applicant, or the permittee, as the case may be, in any prior performance record in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, has exhibited sufficient integrity, reliability, expertise, and competency to engage in the collection or transportation of solid waste or hazardous waste, or to operate the solid waste facility or hazardous waste facility, given the potential economic consequences for affected counties, municipalities and ratepayers or significant adverse impacts upon human health and the environment which could result from the irresponsible participation therein or operation thereof, or if no prior record exists, that the applicant or the permittee is likely to exhibit that integrity, reliability, expertise and competence.

    b. If any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, the permittee or the licensee, has been convicted of any of the following crimes under the laws of New Jersey or the equivalent thereof under the laws of any other jurisdiction:

    (1) Murder;

    (2) Kidnapping;

    (3) Gambling;

    (4) Robbery;

    (5) Bribery;

    (6) Extortion;

    (7) Criminal usury;

    (8) Arson;

    (9) Burglary;

    (10) Theft and related crimes;

    (11) Forgery and fraudulent practices;

    (12) Fraud in the offering, sale or purchase of securities;

    (13) Alteration of motor vehicle identification numbers;

    (14) Unlawful manufacture, purchase, use or transfer of firearms;

    (15) Unlawful possession or use of destructive devices or explosives;

    (16) Violation of N.J.S.2C:35-5, except possession of 84 grams or less of marijuana, or of N.J.S.2C:35-10;

    (17) Racketeering, P.L.1981, c.167 (C.2C:41-1 et seq.);

    (18) Violation of criminal provisions of the "New Jersey Antitrust Act," P.L.1970, c.73 (C.56:9-1 et seq.);

    (19) Any purposeful or reckless violation of the criminal provisions of any federal or state environmental protection laws, rules, or regulations, including, but not limited to, solid waste or hazardous waste management laws, rules, or regulations;

    (20) Violation of N.J.S.2C:17-2; or

    (21) Any offense specified in chapter 28 of Title 2C[; or].

    (22) [Violation of the "Solid Waste Utility Control Act of 1970," P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1981, c.221 (C.48:13A-6.1).] (Deleted by amendment, P.L. , c. )

    c. If the Attorney General determines that there is a reasonable suspicion to believe that a person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, the permittee or the licensee, does not possess a reputation for good character, honesty and integrity, and that person or the applicant, the permittee or the licensee fails, by clear and convincing evidence, to establish his reputation for good character, honesty and integrity.

    d. With respect to the approval of an initial license, if there are current prosecutions or pending charges in any jurisdiction against any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant or the permittee, for any of the crimes enumerated in subsection b. of this section, provided, however, that at the request of the applicant, permittee, or the person charged, the department shall defer decision upon such application during the pendency of such charge.

    e. If any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or the licensee, has pursued economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of this State, where such pursuit creates a reasonable belief that the participation of that person in any activity required to be licensed under this act would be inimical to the policies of this act. For the purposes of this section, "occupational manner or context" means the systematic planning, administration, management, or execution of an activity for financial gain.

    f. If the Attorney General determines that any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or the licensee, has been identified by the State Commission of Investigation or the Federal Bureau of Investigation as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel, where such identification, membership or association creates a reasonable belief that the participation of that person in any activity required to be licensed under this act would be inimical to the policies of this act. For the purposes of this section, "career offender" means any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of this State; and a "career offender cartel" means any group of persons who operate together as career offenders.

    A license may be approved by the department for any applicant or permittee if the information contained within the disclosure statement and investigative report, including any determination made by the Attorney General concerning the character, honesty and integrity of any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant or permittee, would not require disqualification pursuant to subsection a., b. c., e. or f. of this section.

    A license approved by the department for any applicant or permittee pursuant to this section is non-transferable and shall be valid only for the length of time for which it is given.

    Any applicant or permittee who is denied an initial license pursuant to this section shall, upon a written request transmitted to the department within 30 days of that denial, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.1991, c.269, s.6)

 

    21. 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:

    [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 public authority;

    [q.] "Proposed contract" means a contract negotiated by a contracting unit pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.), or a substantial renegotiation of a contract previously approved pursuant to the provisions of [this amendatory and supplementary act] section 28 of P.L.1985, c.38 (C.13:1E-163) if the renegotiation is determined to be substantial by the department[, the Board of Public Utilities,] or the Division of Local Government Services;

    "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.); 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.); 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 or municipality, 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)

 

    22. Section 13 of P.L.1985, c.38 (C.13:1E-148) is amended to read as follows:

    13. a. Prior to the disbursement of any moneys in the services tax fund pursuant to the provisions of this section, the cost of administration and collection of the services tax shall be paid to the director out of the fund, up to an amount not to exceed 2% of the total revenues deposited in the fund during the fiscal year.

    b. The moneys in the services tax fund shall be allocated and used to provide State aid to counties for [preparing, revising, and implementing solid waste management plans, including the implementation of the goals of the State Recycling Plan] implementing the district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13). The moneys may also be used by the counties to support community oversight projects and to establish a citizens' advisory committee. A county receiving State aid shall not expend more than 2% of the amount of aid received in any year for the costs of administering the aid. The State aid shall be distributed to the counties on the basis of the total amount of solid waste generated from within each county during the previous calendar year as determined by the department, except that no county shall receive less than 2% of the revenues deposited in the services tax fund during each calendar year. [In the event that the department determines, pursuant to section 17 of this amendatory and supplementary act, that any county has failed to fulfill its district solid waste management planning responsibilities, the department may withhold for an entire year or until the county fulfills its responsibilities, all or a portion of the amount of moneys that county would have received in any year pursuant to this subsection. Any moneys withheld for an entire year shall be distributed among the remaining counties in the same proportion as the other moneys were distributed.]

    c. Any county may appoint a citizens' advisory committee comprising interested local officials and citizens. An appointed citizens' advisory committee or an existing advisory solid waste committee may develop and implement oversight projects and conduct community awareness programs regarding resource recovery facilities in a district.

(cf: P.L.1985, c.38, s.13)

 

    23. Section 18 of P.L.1985, c.38 (C.13:1E-153) is amended to read as follows:

    18. The provisions of any other law, rule or regulation to the contrary notwithstanding, and as an alternative to any other procedure provided for by law [or by order of the Board of Public Utilities], a contracting unit may enter into a contract with a vendor 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, pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.). Any contracting unit intending to enter into a contract with a vendor pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 shall establish a contract file, which shall be open to members of the public for inspection at the offices of the contracting unit. Any contract entered into pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 may be awarded for a period not to exceed 40 years.

(cf: P.L.1985, c.38, s.18)

 

    24. Section 23 of P.L.1985, c.38 (C.13:1E-158) is amended to read as follows:

    23. [a.] A contracting unit shall submit any proposed contract negotiated with a qualified vendor pursuant to the provisions of [this act] P.L.1985, c.38 (C.13:1E-136 et al.) to the [Division of Rate Counsel for review, and to the] department[, the Board of Public Utilities,] and the Division of Local Government Services for review and approval pursuant to the provisions of section [24] 25 through section 28 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-160 through 13:1E-163).

(cf: P.L.1985, c.38, s.23)

 

    25. Section 24 of P.L.1985, c.38 (C.13:1E-159) is amended to read as follows:

    24. Any contracting unit intending to submit a proposed contract to the department[, the Board of Public Utilities,] and the Division of Local Government Services for review and approval pursuant to the provisions of [this amendatory and supplementary act] section 25 through section 28 of P.L.1985, c.38 (C.13:1E-160 through 13:1E-163) shall notify the department[, the Board of Public Utilities,] and the Division of Local Government Services[, and the Division of Rate Counsel] of its intention to submit its proposed contract for review and approval at least 10 days prior to the submission.

(cf: P.L.1985, c.38, s.24)

 

    26. Section 25 of P.L.1985, c.38 (C.13:1E-160) is amended to read as follows:

    25. The department[, the Board of Public Utilities,] and the Division of Local Government Services[, and the Division of Rate Counsel] shall have 15 days from the date of receipt of a proposed contract submitted by a contracting unit for review and approval pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) to request the contracting unit to supply additional information or documentation concerning the proposed contract. The contracting unit shall provide written responses to these requests within 10 days of receipt of the request. Any supplemental requests for information shall be made within five days of receipt of the written responses to the initial requests. The contracting unit shall provide written responses to any supplemental requests within 10 days of receipt of the supplemental requests. The schedule may be modified by the mutual consent of the contracting unit and the department[,] or the Division of Local Government Services, [the Board of Public Utilities, or the Division of Rate Counsel,] as the case may be.

(cf: P.L.1985, c.38, s.25)

 

    27. Section 26 of P.L.1985, c.38 (C.13:1E-161) is amended to read as follows:

    26. a. A contracting unit shall hold a public hearing on a proposed contract submitted to the department[, the Board of Public Utilities] and the Division of Local Government Services for review and approval pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) no sooner than 30 days nor later than 45 days following submission of the proposed contract for review and approval. This public hearing shall be held in the area to be served under the terms of the proposed contract.

    b. The contracting unit shall provide at least 20 days' advance written notice of a public hearing to be held on a proposed contract pursuant to the provisions of this section to the department, [the Board of Public Utilities,] the Division of Local Government Services, [the Division of Rate Counsel,] the clerk of each municipality within the area to be served under the terms of the proposed contract, and to the county clerk of each county in whole or in part within the area to be served under the terms of the proposed contract.

    c. A contracting unit shall provide advance notice to the public of a public hearing to be held on a proposed contract pursuant to the provisions of this section. This notice shall be published once a week for two consecutive weeks in at least one newspaper of general circulation in the area to be served under the terms of the proposed contract. The second notice shall be published at least 10 days prior to the date of the public hearing. These notices shall include the date, time and location of the public hearing, a general description of the proposed contract, and shall inform the public of the availability of copies of the proposed contract for inspection by any interested party at the offices of the contracting unit. Upon request, the contracting unit shall provide any interested party with a copy of the proposed contract at a cost not to exceed the actual cost of reproducing the proposed contract and any supporting documentation.

(cf: P.L.1985, c.38, s.26)

 

     28. Section 27 of P.L.1985, c.38 (C.13:1E-162) is amended to read as follows:

    27. a. At the public hearing on the proposed contract held by the contracting unit pursuant to the provisions of section 26 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-161) any interested party may present statements or questions concerning the terms and conditions of the proposed contract. Prior to the conclusion of the public hearing, the contracting unit shall respond to questions concerning the proposed contract raised by any interested party. The contracting unit shall provide that a verbatim record be kept of the public hearing. The record of the public hearing shall be kept open for a period of 15 days following the conclusion of the hearing, during which interested parties may submit written statements to be included in the hearing record. The contracting unit shall provide that a hearing report be printed, which shall include the verbatim record of the public hearing, written statements submitted by interested parties, and a statement prepared by the contracting unit summarizing the major issues raised at the public hearing and the contracting unit's specific response to these issues. The contracting unit shall make copies of the transcript of the hearing report available to interested parties upon request at a cost not to exceed the actual cost of printing.

    b. Within 45 days of the close of a public hearing on a proposed contract held pursuant to this section, the contracting unit shall submit a copy of the hearing report to the department[, the Board of Public Utilities,] and the Division of Local Government Services[, and the Division of Rate Counsel].

(cf: P.L.1985, c.38, s.27)

 

    29. 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)


    30. 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)

 

    31. 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 that the rates or charges received at the 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 costs, likely to be incurred by the facility. In order to insure 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] by May 12, 1986, except that the department[, or the board, as the case may be,] may grant an extension [of up to 180 days] until November 12, 1986, 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] until May 12, 1986, if sufficient reason exists to grant the extension.

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

 

    32 (New section) a. The governing body of a municipality may enter into an agreement or contract for the disposal of solid waste from its municipal solid waste stream with any county, public authority or other person in this State that owns or operates a registered solid waste facility.

    b. Any agreement or contract entered into between a county, public authority or other person and the governing body of a municipality for the use of a registered solid waste facility shall include, but need not be limited to, provisions concerning:

    (1) The charges, rates or fees to be charged at the registered solid waste facility for the disposal of solid waste; or

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

 

    33. The following are repealed:

    Section 2 of P.L.1970, c.39 (C.13:1E-2);

    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);

    Sections 11 through 15 of P.L.1975, c.326 (C.13:1E-20

    through 13:1E-24);

    Section 18 of P.L.1975, c.326 (C.13:1E-27);

    Section 20 of P.L.1975, c.326 (C.13:1E-29);

    Section 26 of P.L.1975, c.326 (C.13:1E-35);

    Sections 29 and 30 of P.L.1975, c.326 (C.13:1E-36 and

    13:1E-37);

    Section 1 of P.L.1977, c.328 (C.13:1E-43);

    Sections 3 through 5 of P.L.1977, c.328 (C.13:1E-45

    through 13:1E-47);

    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 14 of P.L.1989, c.34 (C.13:1E-48.14);

    Section 7 of P.L.1981, c.278 (C.13:1E-98);

    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); and

    Section 3 of P.L.1989, c.236 (C.27:2-9).

 

    34. (New section) The provisions of any statute which are inconsistent with P.L. , c. (C. ) (pending in the Legislature as this bill) shall be null and void.

 

    35. This act shall take effect upon the enactment into law of   P.L...., c. (C. ) (pending in the Legislature as Assembly Bill No. 2626 of 1995), but the Commissioner of the Department of Environmental Protection may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

 

 

STATEMENT

 

    This bill would amend or repeal various provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) in order to eliminate the district (county) solid waste management planning and implementation requirements therefrom, which have been rendered obsolete by the Carbone decision.

    On May 16, 1994, the U.S. Supreme Court, in its first-ever waste flow control case, C & A Carbone v. Town of Clarkstown, held that, in the absence of unambiguous congressional authorization, a state or local government's regulation of where haulers must transport solid waste for processing or disposal is a violation of the Commerce Clause of the U.S. Constitution. The U.S. Supreme Court has decided that state and local waste flow control measures are unconstitutional because they discriminate against interstate commerce. In other words, New Jersey cannot direct local haulers to use in-state designated, and county owned or operated, disposal facilities, thereby depriving out-of-state landfill owner-operators with the opportunity to provide those disposal services at a lower cost. Thus, New Jersey's designated county disposal facility waste flow rules have been invalidated. Similarly, since the DEP's waste flow rules have been nullified by Carbone, the exclusive right of franchise-holders to control and dispose of solid waste directed to its designated solid waste disposal facility by the waste flow rules has also been rendered unenforceable.

    Accordingly, the bill makes numerous changes to existing law so that the statutes conform to the new solid waste management strategy resulting from the consequences of the Carbone decision, a strategy which accords primary responsibility for solid waste collection and solid waste disposal to municipalities, as provided in Assembly Bill No. 2626 of 1995. The bill would take effect upon the enactment into law of Assembly Bill No. 2626 of 1995, a companion measure that requires municipalities to assume primary responsibility for the collection and disposal of municipal solid waste.

 

 

 

Revises "Solid Waste Management Act" to eliminate county planning and implementation requirements that have been rendered obsolete or unenforceable by the Carbone decision.