ASSEMBLY, No. 87
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 district recycling plans, amending and supplementing P.L.1987, c.102 and repealing section 5 of P.L.1987, c.102 (C.13:1E-99.15).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1987, c.102 (C.13:1E-99.13) is amended to read as follows:
3. a. Each county shall, no later than October 20, 1987 and after consultation with each municipality within the county, prepare and adopt a district recycling plan to implement the State Recycling Plan goals. Each adopted plan shall be [adopted as an amendment to the district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.)] subject to the approval of the department.
b. Each district recycling plan required pursuant to this section shall include, but need not be limited to:
(1) Designation of a district recycling coordinator;
(2) Designation of the recyclable materials to be source separated in each municipality which shall include, in addition to leaves, at least three other recyclable materials separated from the municipal solid waste stream;
(3) Designation of the strategy for the collection, marketing and disposition of designated source separated recyclable materials in each municipality;
(4) Designation of recovery targets in each municipality to achieve the maximum feasible recovery of recyclable materials from the municipal solid waste stream which shall include, at a minimum, the following schedule:
(a) The recycling of at least 15% of the total municipal solid waste stream by December 31, 1989;
(b) The recycling of at least 25% of the total municipal solid waste stream by December 31, 1990; and
(c) The recycling of at least 50% of the total municipal solid waste stream, including yard waste and vegetative waste, by December 31, 1995; and
(5) Designation of countywide recovery targets to achieve the maximum feasible recovery of recyclable materials from the total solid waste stream which shall include, at a minimum, the recycling of at least 60% of the total solid waste stream by December 31, 1995.
For the purposes of this subsection, "total municipal solid waste stream" means the sum of the municipal solid waste stream disposed of as solid waste, as measured in tons, plus the total number of tons of recyclable materials recycled; and "total solid waste stream" means the aggregate amount of solid waste generated within the boundaries of any county from all sources of generation, including the municipal solid waste stream.
c. Each district recycling plan, in designating a strategy for the collection, marketing and disposition of designated recyclable materials in each municipality, shall accord priority consideration to persons engaging in the business of recycling or otherwise lawfully providing recycling services on behalf of a county or municipality on January 1, 1986, if that person continues to provide recycling services prior to the adoption of the plan and that person has not discontinued these services for a period of 90 days or more between January 1, 1986, and the date on which the plan is adopted.
Each district recycling plan may be modified after adoption pursuant to a procedure set forth in the adopted plan as approved by the department.
d. A district recycling plan may be modified to require that each municipality within the county revise the ordinance adopted pursuant to subsection b. of section 6 of P.L.1987, c.102 (C.13:1E-99.16) to provide for the source separation and collection of used dry cell batteries as a designated recyclable material.
(cf: P.L.1992, c.167)
2. Section 16 of P.L.1991, c.521 (C.13:1E-99.74) is amended to read as follows:
16. Whenever a county prepares and adopts a district household hazardous waste management plan, the [commissioner may require the plan to be] plan shall be adopted [as an amendment to the district solid waste management plan required] pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), and shall be subject to approval by the department.
a. Each district household hazardous waste management plan, subject to approval by the department, shall identify the county strategy or strategies for the collection and disposal of household hazardous waste, which shall, at a minimum:
(1) provide for the collection and disposal of used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed lead rechargeable batteries at least once every 90 days;
(2) be consistent with the provisions of the district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13);
(3) designate, if necessary, one or more collection sites within the county for household hazardous waste collection and disposal; and
(4) include such other information as may be prescribed in rules or regulations of the department.
b. A district household hazardous waste management plan, subject to approval by the department, may provide for the collection and disposal of any used dry cell batteries.
c. Household hazardous waste shall be collected, stored and transported in accordance with all applicable standards for such wastes adopted as rules or regulations by the department pursuant to P.L.1970, c.39, or as prescribed under any other applicable federal or State law.
d. The department may use a portion of the moneys available in the State Recycling Fund pursuant to paragraph (2) of subsection b. of section 5 of P.L.1981, c.278 (C.13:1E-96) for the purposes of providing technical assistance and training to counties in proper used dry cell battery management.
(cf: P.L.1991, c.521, s.16.)
3. Section 5 of P.L.1987, c.102 (C.13:1E-99.15) is repealed.
4. (New section) The provisions of any statute that are inconsistent with P.L. , c. (C. ) (pending in the Legislature as this bill) shall be null and void.
5. 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).
STATEMENT
This bill would amend the "New Jersey Statewide Mandatory Source Separation and Recycling Act" to remove references to district solid waste management plans. These plans would no longer be required pursuant to Assembly Bill No. 2626 of 1995. This bill would not take effect until enactment of that bill.
Revises "New Jersey Statewide Mandatory Source Separation and Recycling Act" to remove references to district solid waste management plans.