ASSEMBLY, No. 746

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen SULIGA and COHEN

An Act concerning hazardous waste disposal capacity, and supplementing P.L.1981, c.279 (C.13:1E-49 et seq.).

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

    1. a. Within 18 months of the effective date of this act the Department of Environmental Protection shall submit to the Governor and the Legislature a report setting forth an analysis of the State's existing hazardous waste generation and disposal capacity, and a calculated projection of the estimated need during the next ten years for additional hazardous waste disposal capacity, which projection shall reflect an estimate of any reductions in the generation of hazardous waste which may be achieved as a result of the pollution prevention planning required pursuant to P.L.1991, c.235 (C.13:1D-35 et seq.).

    b. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, no person shall commence construction of a major hazardous waste facility until the submission to the Governor and the Legislature of the report required pursuant to subsection a. of this section.

    2. This act shall take effect immediately.

STATEMENT

    This bill would require the Department of Environmental Protection to prepare and submit to the Governor and the Legislature a report setting forth an analysis of the State's existing hazardous waste generation and disposal capacity, and a projection of the estimated need during the next ten years for additional hazardous waste disposal capacity. This calculation shall include an estimate of any reductions in the generation of hazardous waste which may be achieved as a result of the pollution prevention planning required pursuant to the "Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.). The department would be required to complete this report within 18 months of the enactment of this bill into law. This bill would also provide that until the report is completed, no person would be authorized to commence construction of a major hazardous waste disposal facility.

Prohibits construction of a major hazardous waste disposal facility pending completion of analysis of State's existing hazardous waste generation and disposal capacity by DEP.