ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1171

STATE OF NEW JERSEY

ADOPTED JUNE 12, 1997

Sponsored by Assemblymen COHEN, DiGAETANO, Doria, Assemblywoman Gill, Assemblyman Impreveduto, Assemblywoman Murphy, Assemblymen Bateman, DeCroce, Assemblywoman Heck, Assemblymen Kelly, Pascrell and Zecker

An Act concerning the licensing and regulation of the solid and hazardous waste industries, and amending, supplementing and repealing parts of the statutory law.

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

      1. (New section) Sections 1 through 7 of P.L. , c. (C.13:1E-135.1 through 13:1E-135.7) (pending in the Legislature as this bill) shall be known and may be cited as the "Solid and Hazardous Waste Operator Registration Reform Act of 1997."

      2. (New section) The Department of Environmental Protection, within 90 days of the effective date of P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall publish in the New Jersey Register a copy of all forms necessary to be filed with an applicant's or permittee's request for a license, including a form prescribing the contents and specific requirements of the disclosure statement to be filed with the department and the Attorney General, and a form for providing any additional or updated information that may be added to the disclosure statement after it has been filed by the applicant, permittee or licensee.

      3. (New section) a. With respect to all applications for an initial license filed after the effective date of P.L. , c. (C.13:1E-135.1 et seq.)(pending in the Legislature as this bill), the Department of Environmental Protection shall, within 120 days of the filing of an administratively complete application and disclosure statement or within 60 days after fingerprint cards are received back from the Federal Bureau of Investigation, whichever is later, approve or deny an application from an applicant for an initial license, unless the time period is extended with the consent of the applicant or in accordance with the provisions of subsections b. or c. of this section.

      The State Police shall initially transmit the fingerprint cards to the Federal Bureau of Investigation within 10 days of receipt of the cards from the department. A written record of mailing of the fingerprint cards to the Federal Bureau of Investigation, showing the date of mailing, shall be made at the time of mailing and kept on file with the application. An application will be deemed administratively complete if the application and disclosure statement contain all information required to be provided in the forms published pursuant to section 2 of P.L. , c. (C.13:1E-135.2) (pending in the Legislature as this bill). Upon determining that an application is administratively complete, the department shall give written notice thereof to the applicant.

      With respect to all administratively complete applications for an initial license pending before the department as of the effective date of P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill), the time periods set forth in this subsection shall commence on the effective date of P.L. , c. (C.13:1E-135.1 et seq.)(pending in the Legislature as this bill).

      b. The Attorney General may extend the period for making the licensing decision set forth in subsection a. of this section in two intervals of six months and one interval of three months, up to a maximum of fifteen months, upon a written finding of good cause, consistent with the purposes of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.) and P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill), and in so doing may consider all relevant factors, including, but not limited to:

      (1) any delays caused or requested by the applicant or by third parties from whom information is required;

      (2) the scope of investigation due to:

      (a) the size of the applicant; or

      (b) the complexity or seriousness of the matters under investigation;

      (3) a serious risk of harm to the public health or welfare;

      (4) a serious risk of harm to, or degradation of, the environment;

      (5) any other good cause consistent with the purposes and intent of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.) and P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill).

      A written finding of good cause made by the Attorney General pursuant to this subsection, together with a copy of the proof of mailing required pursuant to subsection a. of this section, shall be transmitted to the applicant. The documents shall enumerate the reasons for the extension of time, unless the public interest requires that the reasons for a good cause extension remain confidential.

      c. Further extensions of the period for making the licensing decision set forth in subsection a. of this section, in intervals of six months, shall be allowed only with the consent of the applicant or upon a determination of the Superior Court based upon a showing by the Attorney General that serious harm may result to the public health, welfare or the environment without a further extension. Any such determination may be sought in a summary proceeding as provided in the Rules of Court.

      d. If the department fails to render a licensing decision on a completed application and disclosure statement submitted by an applicant within the time period specified in this section, as extended by the Attorney General or the Superior Court, the department shall issue a temporary approval of registration to the applicant pending the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133). Notwithstanding the issuance of a temporary approval of registration, the pending application shall continue to be deemed an application for the approval of an initial license.

      e. In the case of a proposed solid waste or hazardous waste treatment, storage, transfer or disposal operation, a temporary approval of registration shall be given by the department for an applicant pursuant to subsection d. of this section provided that the applicant has been given a valid engineering design approval therefor by the department.

      f. If the department denies an application from an applicant for an initial license after a temporary approval of registration has been given by the department and the solid waste facility has commenced operations, the applicant shall be entitled to continue operations at the solid waste facility pending a final agency decision following a hearing, if requested, on the denial of the initial license application to be conducted as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

      4. (New section) If the Department of Environmental Protection issues a notice of denial, monitorship or revocation of license based upon information contained in an investigative report prepared by the Attorney General pursuant to section 3 of P.L.1983, c.392 (C.13:1E-128), and the applicant, permittee or licensee requests an administrative hearing thereon pursuant to sections 8 or 9 of P.L.1983, c.392 (C.13:1E-133 or 13:1E-134), the applicant, licensee or permittee shall be entitled to discover all parts of the investigative report, which are not privileged, and which are reasonably calculated to lead to the discovery of admissible evidence. Any part of the investigative report that is requested hereunder which is not disclosed prior to the commencement of a plenary administrative hearing shall be inadmissable into evidence and shall be excluded from the administrative record.

      5. (New section) a. The Department of Environmental Protection shall establish and maintain a list of all individuals debarred from the solid waste industry pursuant to the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1983, c.392 (C.13:1E-126 et seq.), and all persons whose licenses or certificates of public convenience and necessity issued pursuant to section 7 of P.L.1970, c.40 (C.48:13A-6) have been revoked pursuant to P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.), P.L. , c. (C.13:1E-135.1 et seq.)(pending in the Legislature as this bill) or P.L.1970, c.40 (C.48:13A-1 et seq.).

      b. The department shall annually furnish all applicants, licensees and permittees with copies of the list. Updates of the list shall be published in the "DEP Bulletin" published by the department. No applicant, licensee or permittee may transact any business with any person whose name is contained on the list, once the person’s name is published on the annual list or is placed on the updated list published in the “DEP Bulletin”. No application for an initial license may be filed if the applicant, a director, officer, key employee, holder of equity or debt liability, or a person otherwise shown to have a beneficial interest in the applicant, is on the list.

      c. No person shall be placed on the list until the department, following the full administrative hearing required pursuant to P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.) and P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill), if requested, has rendered a final agency decision resulting in debarment or revocation of a license or a certificate of public convenience and necessity pursuant to sections 8 or 9 of P.L. 1983, c.392 (C.13:1E-133 or 13:1E-134) or section 10 of P.L.1970, c.40 (C.48:13A-9), or until a judicial or administrative consent order resulting in debarment or revocation has been entered.

      d. (1) Any person who has been placed on the list for any reason other than a debarment or revocation based upon the criteria of subsection f. of section 8 of P.L.1983, c.392 (C.13:1E-133) may apply for removal from the list at any time after placement thereon if that person can affirmatively demonstrate rehabilitation pursuant to section 7 of P.L.1991, c.269 (C.13:1E-133.1). No person placed on the list shall be entitled to apply for rehabilitation under this section more frequently than once every seven years if a debarment or revocation is based on the conviction of a crime enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), or once every three years if a debarment or revocation is based on any other cause under P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.), P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) or P.L.1970, c.40 (C.48:13A-1 et seq.).

      (2) Any business concern on the list may apply for removal from the list at any time after placement thereon if that business concern can demonstrate severance of the person or persons causing the revocation pursuant to the provisions of section 10 of P.L.1983, c.392 (C.13:1E-135).

      (3) The pendency of any application for removal from the list pursuant to either paragraph (1) or (2) of this subsection, or of any litigation based on a denial of any such application, shall not be grounds for a stay of the debarment or revocation which caused the placement of a person’s name on the list.

      e. A person whose application for removal from the list is denied shall be entitled to an administrative hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which shall be limited to the issue of rehabilitation or severance, as the case may be.

      6.   (New Section) The provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) and P.L.1991, c.269 (C.13:1E-128.1 et seq.), as amended and supplemented by P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) shall be applicable to any matters pending before the Department of Environmental Protection prior to a final agency decision pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). In the event a hearing has already occurred in the Office of Administrative Law, the Commissioner of Environmental Protection shall apply the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) and P.L.1991, c.269 (C.13:1E-128.1 et seq.), as amended and supplemented by P.L. , c.     (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) to the record already established.

      7. (New section) The Attorney General and the Department of Environmental Protection, within 120 days of the effective date of P.L.    , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) and P.L.1991, c.269 (C.13:1E-128.1 et seq.), as amended and supplemented by P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill).

      8. Section 1 of P.L.1983, c.392 (C.13:1E-126) is amended to read as follows:

      1. The Legislature hereby finds and declares to be the public policy of this State:

      [That the] The collection, transportation, treatment, storage, transfer and disposal of solid waste or hazardous waste are critical components of the economic structure of this State and, when properly controlled and regulated, make substantial contributions to the general welfare, health and prosperity of the State and its inhabitants by minimizing the serious health and environmental threats inherent in the management of these wastes;

      [That the] The regulatory provisions of [this act] P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.), and P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) are designed to extend strict State regulation to those persons involved in the operations of [these] licensed activities [so as] to foster and justify the public confidence and trust in the credibility and integrity of the conduct of these activities;

      [That the] The solid and hazardous waste industries in New Jersey can attain, maintain, and retain integrity, public confidence, and trust, and promote the general public interest, only under a system of control and regulation that precludes the participation therein of persons with known criminal records, habits, or associations, and excludes or removes from any position of authority or responsibility any person known to be so deficient in reliability, expertise, or competence with specific reference to the solid or hazardous waste industries that [his] the participation of that person would create or enhance the dangers of unsound, unfair, or illegal practices, methods, and activities in the conduct of the business of these industries;

      That, notwithstanding the fact that the major percentage of [operators] persons involved in these industries are respectable and responsible and that there exists in New Jersey a substantial solid waste and hazardous waste industry capable of meeting the licensing standards, the solid waste and hazardous waste industries remain vulnerable to corrupting influences; and

      [Therefore, that it is] It is therefore vital to the interests of the State to prevent entry, direct or indirect, into the operations of the solid waste or hazardous waste industries of persons who have pursued economic gains in an occupational manner or context violative of the criminal code or civil public policies of the State, and it is to the end of excluding such persons that the regulatory and investigatory powers and duties provided in [this supplementary act] the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.) and P.L. , c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) shall be exercised to the fullest extent consistent with law.

(cf: P.L.1983, c.392, s.1)

      9. Section 2 of P.L.1983, c.392 (C.13:1E-127) is amended to read as follows:

      2. As used in the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) [and] , P.L.1991, c.269 (C.13:1E-128.1 et al.) and P.L.1997, c.    (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill):

      a. "Applicant" means any business concern which has filed a disclosure statement with the department and the Attorney General and is seeking an initial license, provided that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128.1 et al.).

      b. "Application" means the forms and accompanying documents filed in connection with an applicant's or permittee's request for a license.

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

      d. “Confidential information” means any information which is not otherwise subject to disclosure pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) and P.L.1997, c. (C.13:1E-135.1 et seq.) (pending in the Legislature as this bill) or any other provision of law or otherwise known or available to the public and which was furnished to the department or the Attorney General by an applicant, licensee, permittee or an individual required to be listed on a disclosure statement, or was obtained by the department or the Attorney General pursuant to an interrogatory issued pursuant to section 4 of P.L.1983, c.392 (C.13:1E-129) or a subpoena issued pursuant to section 5 of P.L.1983, c.392 (C.13:1E-130), and which:

      (1) pertains to private financial matters of the applicant, licensee, permittee, individual required to be listed in the disclosure statement, or person providing the information pursuant to the subpoena or investigative interrogatory;

      (2) pertains to the criminal record, family or personal background of an applicant, licensee, permittee, individual required to be listed on a disclosure statement, or person providing the information pursuant to the subpoena or investigative interrogatory; or

      (3) is confidential pursuant to judicial order.

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

      [e.] f. "Disclosure statement" means a statement submitted to the department and the Attorney General by an applicant or a permittee, which statement shall include:

      (1) The full name, business address and social security number of the applicant or the permittee, as the case may be, and of any officers, directors, partners, or key employees thereof and all persons holding any equity in or debt liability of that business concern, or, if the applicant or permittee is a publicly traded corporation, all persons holding more than 5% of the equity in or the debt liability of that business concern, except that where the debt liability is held by a chartered lending institution, the applicant or permittee need only supply the name and business address of the lending institution;

      (2) The full name, business address and social security number of all officers, directors, or partners of any business concern disclosed in the disclosure statement and the names and addresses of all persons holding any equity in or the debt liability of any business concern so disclosed, or, if the business concern is a publicly traded corporation, all persons holding more than 5% of the equity in or the debt liability of that business concern, except that where the debt liability is held by a chartered lending institution, the applicant or permittee need only supply the name and business address of the lending institution;

      (3) The full name and business address of any business concern which collects, transports, treats, stores, transfers or disposes of solid waste or hazardous waste in which the applicant or the permittee holds an equity interest;

      (4) A description of the experience and credentials in, including any past or present licenses for, the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste possessed by the applicant or the permittee, as the case may be, and by the key employees, officers, directors, or partners thereof;

      (5) A listing and explanation of any notices of violation or prosecution, administrative orders or license revocations issued by this State or any other state or federal authority, in the 10 years immediately preceding the filing of the application or disclosure statement, whichever is later, which are pending or have resulted in a finding or a settlement of a violation of any law or rule and regulation relating to the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste by the applicant or the permittee, as the case may be, or by any key employee, officer, director, or partner thereof;

      (6) A listing and explanation of any judgment of liability or conviction which was rendered, pursuant to the laws of this State, or any other state or federal statute or local ordinance, against the applicant or the permittee, as the case may be, or against any key employee, officer, director, or partner thereof, except for any violation of Title 39 of the Revised Statutes other than a violation of the provisions of P.L.1983, c.102 (C.39:5B-18 et seq.), P.L.1983, c.401 (C.39:5B-25 et seq.) or P.L.1985, c.415 (C.39:5B-30 et seq.);

      (7) A listing of all labor unions and trade and business associations in which the applicant or the permittee was a member or with which the applicant or the permittee had a collective bargaining agreement during the 10 years preceding the date of the filing of the application or disclosure statement, whichever is later;

      (8) A listing of any agencies outside of New Jersey which had regulatory responsibility over the applicant or the permittee, as the case may be, in connection with the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste; and

      (9) Any other information the Attorney General or the department may require that relates to the competency, reliability or integrity of the applicant or the permittee.

      The provisions of paragraphs (1) through (9) of this subsection to the contrary notwithstanding, if an applicant or a permittee is a secondary business activity corporation, "disclosure statement" means a statement submitted to the department and the Attorney General by an applicant or a permittee, which statement shall include:

      (a) The full name, primary business activity, office or position held, business address, home address, date of birth and federal employer identification number of the applicant or the permittee, as the case may be, and of all officers, directors, partners, or key employees of the business concern; and of all persons holding more than 5% of the equity in or debt liability of that business concern, except that where the debt liability is held by a chartered lending institution, the applicant or permittee need only supply the name and business address of the lending institution. The Attorney General or the department may request the social security number of any individual identified pursuant to this paragraph;

      (b) The full name, business address and federal employer identification number of any business concern in any state, territory or district of the United States, which collects, transports, treats, stores, recycles, brokers, transfers or disposes of solid waste or hazardous waste on a commercial basis, in which the applicant or the permittee holds an equity interest of 25% or more, and the type, amount and dates of the equity held in such business concern;

      (c) A listing of every license, registration, permit, certificate of public convenience and necessity, uniform tariff approval or equivalent operating authorization held by the applicant or permittee within the last five years under any name for the collection, transportation, treatment, storage, recycling, processing, transfer or disposal of solid waste or hazardous waste on a commercial basis in any state, territory or district of the United States, and the name of every agency issuing such operating authorization;

      (d) If the applicant or the permittee is a subsidiary of a parent corporation, or is the parent corporation of one or more subsidiaries, or is part of a group of companies in common ownership, as the case may be, a chart, or, if impractical or burdensome, a list showing the names, federal employer identification numbers and relationships of all parent, sister, subsidiary and affiliate corporations, or members of the group;

      (e) A listing and explanation of any notices of violation or prosecution, administrative orders or license revocations issued by this State or any other state or federal authority to the applicant or permittee in the 10 years immediately preceding the filing of the application or disclosure statement, whichever is later, which are pending or have resulted in a finding or a settlement of a violation of any law or rule or regulation relating to the collection, transportation, treatment, storage, recycling, processing, transfer or disposal of solid waste or hazardous waste by the applicant or permittee;

      (f) A listing and explanation of any judgment, decree, settlement or order, whether by consent or not, issued against the applicant or permittee in the 10 years immediately preceding the filing of the application, and of any pending civil complaints against the applicant or permittee pertaining to a violation or alleged violation of federal or state antitrust laws, trade regulations or securities regulations;

      (g) A listing and explanation of any conviction issued against the applicant or permittee for a felony resulting in a plea of nolo contendere, or any conviction in the 10 years immediately preceding the filing of the application, and of any pending indictment, accusation, complaint or information for any felony issued to the applicant or the permittee pursuant to any state or federal statute; and

      (h) A completed personal history disclosure form shall be submitted to the department and the Attorney General by every person required to be listed in this disclosure statement, except for those individuals who are exempt from the personal history disclosure requirements pursuant to paragraph [5] 6 of subsection a. of section 3 of P.L.1983, c.392 (C.13:1E-128).

      [f.] g. "Key employee" means any individual employed by the applicant, the permittee or the licensee in a supervisory capacity or empowered to make discretionary decisions with respect to the solid waste or hazardous waste operations of the business concern, but shall not include employees exclusively engaged in the physical or mechanical collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste.

      [g.] h. "License" means the initial approval and [first] renewal by the department of any registration statement or engineering design pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.279 (C.13:1E-49 et seq.), for the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State.

      A "license" shall not include any registration statement or engineering design approved for:

      (1) Any State department, division, agency, commission or authority, or county, municipality or agency thereof;

      (2) Any person solely for the collection, transportation, treatment, storage or disposal of solid waste or hazardous waste generated by that person;

      (3) Any person for the operation of a hazardous waste facility, if at least 75% of the total design capacity of that facility is utilized to treat, store or dispose of hazardous waste generated by that person;

      (4) Any person for the operation of a hazardous waste facility which is considered as such solely as the result of the reclamation, recycling or refining of hazardous wastes which are or contain any of the following precious metals: gold, silver, osmium, platinum, palladium, iridium, rhodium, ruthenium, or copper;

      (5) Any person solely for the transportation of hazardous wastes which are or contain precious metals to a hazardous waste facility described in paragraph (4) of this subsection for the purposes of reclamation.

      A "license" shall include any registration statement approved for any person who transports any other hazardous waste in addition to hazardous wastes which are or contain precious metals;

      (6) Any person solely for the collection, transportation, treatment, storage or disposal of granular activated carbon used in the adsorption of hazardous waste; or

      (7) Any regulated medical waste generator for the treatment or disposal of regulated medical waste at any noncommercial incinerator or noncommercial facility in this State that accepts regulated medical waste for disposal.

      [h.] i. "Licensee" means any business concern which has completed the requirements of section 3 of P.L.1983, c.392 (C.13:1E-128) and whose application for the issuance or renewal of a license has been approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133).

      [i.] j. "Permittee" means and shall include:

      (1) Any business concern which has filed a disclosure statement with the department and the Attorney General and to which a valid registration statement or engineering design approval for the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.279 (C.13:1E-49 et seq.) has been given by the department prior to June 14, 1984;

      (2) Any business concern which has filed a disclosure statement with the department and the Attorney General and to which a temporary license has been approved, issued or renewed by the department pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135), but which has not otherwise completed the requirements of section 3 of P.L.1983, c.392 (C.13:1E-128) and whose application for a license has not been approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), provided that the temporary license remains valid, and provided further that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128 et al.);

      (3) Any business concern which has filed a disclosure statement with the department and the Attorney General and to which a valid registration statement or engineering design approval for the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.279 (C.13:1E-49 et seq.) has been given by the department between February 20, 1985 and January 23, 1986, inclusive, provided that the registration statement or engineering design approval remains valid, and provided further that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128 et al.); or

      (4) Any business concern to which a temporary approval of registration has been given by the department at any time after January 23, 1986 pursuant to statute or rule and regulation, provided that such temporary approval of registration, statute, or rule and regulation remains valid, and provided further that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128.1 et al.) and filed a disclosure statement with the department and the Attorney General.

      [j.] k. "Person" means any individual or business concern.

      [k.] l. "Secondary business activity corporation" means any business concern which has derived less than 5% of its annual gross revenues in each of the three years immediately preceding the one in which the application for a license is being made from the collection, transportation, treatment, storage, recycling, processing, transfer or disposal of solid waste or hazardous waste, whether directly or through other business concerns partially or wholly owned or controlled by the applicant or the permittee, as the case may be, and which (1) has one or more classes of security registered pursuant to section 12 of the "Securities Exchange Act of 1934," as amended (15 U.S.C.§781), or (2) is an issuer subject to subsection (d) of section 15 of the "Securities Exchange Act of 1934," as amended (15 U.S.C.§780).

(cf: P.L.1995, c.72, s.1)

      10. Section 3 of P.L.1983, c.392 (C.13:1E-128) is amended to read as follows:

      3. In addition to any other procedure, condition or information required pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1981, c.279 (C.13:1E-49 et seq.) or any other law:

      a. (1) Every applicant and permittee shall file a disclosure statement with the department and the Attorney General[;] .

      (2) Any person required to be listed in the disclosure statement shall be fingerprinted for identification and investigation purposes in accordance with procedures therefor established by the Attorney General[;] .

      Whenever the applicant, permittee or licensee is a publicly-traded corporation, the department may waive the fingerprint requirement for the corporation’s directors and for directors of other publicly-traded corporations holding, directly or indirectly, more than 5% of the equity in or the debt liability of the applicant, permittee or licensee.

      (3) Upon request, the department shall waive the requirement that a person required to be listed in a disclosure statement file a completed personal history disclosure form and fingerprint cards in the case of any individual or group of individuals who acquire an equity interest in a corporate permittee or licensee by way of an inheritance, and hold no other equity interest, debt liability or other beneficial interest in the permittee or licensee, provided that:

      (a) The individual is listed in the disclosure statement and in any annual update and submits a certified statement listing the individual's full name, social security number, date of birth, current occupation, any and all experience, ownership or employment in the solid waste or hazardous waste industry in New Jersey or any other state, the equity interest in the permittee or licensee and the name, date of birth and social security number of the individual's spouse;

      (b) The individual’s ownership interest is non-voting;

      (c) The total interest held by the individual, or group of individuals receiving the inheritance, in the aggregate, is less than 50% of the total equity of the corporation;

      (d) The individual does not acquire any equity interest, debt liability or other beneficial interest of the corporation, in addition to the equity which passed by the inheritance;

      (e) The individual has no role in the management of the licensee or permittee and is not an officer, director or key employee;

      (f) The individual is not employed elsewhere in the solid waste, recycling or hazardous waste industries; and

      (g) The department determines there is no basis to believe that a waiver of the personal history and fingerprint requirements will be adverse to the purposes of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) and P.L.1997, c. (C.13:1E-135.1 et seq.)(pending in the Legislature as this bill).

      Upon a change in any of the conditions set forth in paragraphs (b) through (g) above, an individual who has been granted a waiver shall immediately file a completed personal history disclosure form and fingerprint cards as required under this section.

      (4) The Attorney General shall, upon the receipt of the disclosure statement from an applicant for an initial license or from a permittee, prepare and transmit to the department an investigative report on the applicant or the permittee, as the case may be, based in part upon the disclosure statement. In preparing this report, the Attorney General may request and receive criminal history record information concerning any person required to be listed in the disclosure statement from the New Jersey State Police, the State Commission of Investigation or the Federal Bureau of Investigation[;] .

      If criminal history record information is to be used to seek disqualification of any applicant, permittee or licensee, the department shall provide the applicant, permittee or licensee, as the case may be, with an opportunity to complete or challenge the accuracy of any information contained in the criminal history record as part of any hearing on the denial, revocation or monitorship of a license or application pursuant to sections 8 and 9 of P.L.1983, c.392 (C.13:1E-133 and 13:1E-134). No person required to be listed in the disclosure statement shall be presumed guilty on the basis of any criminal history record information of a pending charge or arrest for which there is no judgment of conviction.

      [4] (5) In conducting a review of the application, the department shall include a review of the disclosure statement [and], the investigative report[;] and, in the case of a permittee, the permittee's operating history.

      [5] (6) An applicant or permittee may file a limited disclosure statement pursuant to the provisions of paragraphs (a) through (h) of subsection [e.] f. of section 2 of P.L.1983, c.392 (C.13:1E-127); and a person required to be listed in the disclosure statement is exempt from the fingerprint and personal history disclosure requirements; if:

      (a) The applicant or permittee is a secondary business activity corporation; and

      (b) The person required to be listed in the disclosure statement is (i) a director or chief executive officer; or (ii) an individual who does not have any responsibility for, or control of, the commercial solid waste or hazardous waste operations of the applicant, permittee or licensee conducted in New Jersey, and who will not exercise any such responsibility or control upon the issuance of a license by the department.

      b. All applicants, permittees and licensees, including all persons required to be listed in the disclosure statement, shall have the continuing duty to provide any assistance or information requested by the department or the Attorney General, and to cooperate in any inquiry or investigation conducted by the Attorney General or the State Commission of Investigation, and any inquiry, investigation, or hearing conducted by the department into the qualifications of the applicant, permittee or licensee.

      Except as otherwise determined by the Superior Court pursuant to subsection d. of this section, if, upon issuance of a formal request to answer any inquiry or produce information, evidence or testimony, any applicant, permittee or licensee refuses to comply, the application of the business concern for a license may be denied, or the license of that business concern may be revoked by the department.

      c. If any of the information required to be included in the disclosure statement changes, or if any information provided concerning the applicability of an exemption under subsection d. of this section changes, or if any additional information should be added to the disclosure statement after it has been filed, the applicant, permittee or licensee shall provide that information to the department and the Attorney General, in writing, within 30 days of the change or addition. The disclosure statement filed by every applicant, permittee or licensee shall be updated annually, on a form to be prescribed by the department.

      d. The provisions of paragraph [(5)] (6) of subsection a. of this section to the contrary notwithstanding, the Attorney General may at any time require any person required to be listed in the disclosure statement to file a completed personal history disclosure form and a full disclosure statement with the department and the Attorney General pursuant to paragraphs (1) through (9) of subsection [e.] f. of section 2 of P.L.1983, c.392 (C.13:1E-127), or to be fingerprinted for identification and investigation purposes pursuant to paragraph (2) of subsection a. of this section, if the Attorney General determines that there exists a reasonable suspicion that the additional information is likely to lead to information relevant to a determination regarding the approval of a license pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), the revocation or monitoring of a license pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134), or the severance of a disqualifying person pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135).

      If the Attorney General requires any or all of this information, a written request for the additional information shall be served upon the applicant, permittee or licensee. Within 60 days of receipt of a written request for additional information, the applicant, permittee or licensee may seek review of the Attorney General's determination in the Superior Court. If the applicant, permittee or licensee fails to provide the additional information to the Attorney General within 60 days of receipt of the written request, the Attorney General may file with the Superior Court a petition for an order requiring the applicant, permittee or licensee to provide the additional information. In a proceeding brought by either party, the applicant, permittee or licensee shall demonstrate that the additional information requested is not likely to lead to information relevant to a determination regarding the approval of a license pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), the revocation or monitoring of a license pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134), or the severance of a disqualifying person pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135). For good cause shown, the court may review in camera the submission of the Attorney General or the applicant, permittee or licensee, or any part thereof.

(cf: P.L.1995, c.72, s.2)

      11. Section 3 of P.L.1991, c.269 (C.13:1E-128.1) is amended to read as follows:

      3. a. With respect to the preparation and transmittal to the department of the investigative reports required pursuant to section 3 of P.L.1983, c.392 (C.13:1E-128), the Attorney General and the department shall establish a priority schedule for their timely completion. The priority schedule shall accord priority consideration to:

      (1) Those permittees who own or operate a solid waste facility pursuant to a temporary license or registration approved, issued or renewed by the department [or whose temporary license or registration is limited by the time constraints imposed pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135) or section 11 of P.L.1970, c.39 (C.13:1E-11)]; and

      (2) Any applicant proposing to own or operate a resource recovery facility or other solid waste facility approved by the department for the long-term solid waste disposal requirements of a district or districts pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.).

      b. With respect to the review of the investigative reports of applicants or permittees transmitted by the Attorney General pursuant to section 3 of P.L.1983, c.392 (C.13:1E-128), the department and the Attorney General shall comply with the priority schedule established by the Attorney General and the department pursuant to subsection a. of this section.

      c. Nothing in this section shall be construed to establish any priority which would preclude or restrict the timing or discretion of the Attorney General or the department regarding a decision to institute and prosecute a revocation proceeding against a permittee or licensee.

(cf: P.L.1991, c.269, s.3)

      12. Section 4 of P.L.1983, c.392 (C.13:1E-129) is amended to read as follows:

      4. a. Whenever the Attorney General determines that there exists a reasonable suspicion that any person may have information relevant to an investigation of an applicant, permittee or licensee, or be in possession, custody, or control of any documentary materials relevant to an investigation of an applicant, permittee or licensee conducted pursuant to this act, he may issue in writing, and cause to be served upon that person an investigative interrogatory requiring that person to answer questions under oath and produce material for examination.

      b. Each interrogatory shall:

      (1) Identify the licensee, permittee or applicant who is the subject of the investigation;

      (2) Advise the person that he has the right to discuss the interrogatory with legal counsel prior to returning it to the Attorney General or prior to making material available, as provided in subsection f. of this section, and that he has the right to file in Superior Court a petition to modify or set aside the interrogatory, as provided in subsection j. of this section;

      (3) Describe the class or classes of documentary material to be produced thereunder with sufficient particularity as to permit the material to be reasonably identified;

      (4) Prescribe a return date, which date shall provide a reasonable period of time within which answers may be made and material so demanded may be assembled and made available for inspection and copying or reproduction, as provided in subsection f. of this section.

      c. No interrogatory shall:

      (1) Contain any requirement which would be held to be unreasonable if contained in a [subpena] subpoena duces tecum issued in aid of a grand jury investigation; or

      (2) Require the production of any documentary evidence which would be otherwise privileged from disclosure if demanded by a [subpena] subpoena duces tecum issued in aid of a grand jury investigation.

      d. Service of any interrogatory filed under this section may be made upon any person by:

      (1) Delivering a duly executed copy thereof to the person or any partner, executive officer, managing agent, employee or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of the person; or

      (2) Delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or

      (3) Depositing a copy in the United States mail, by registered or certified mail duly addressed to the person at his principal office or place of business.

      e. A verified return by the individual serving any interrogatory, setting forth the manner of service, shall be prima facie proof of service. In the case of service by registered or certified mail, the return shall be accompanied by the return post office receipt of delivery of the interrogatory.

      f. Any person upon whom any interrogatory issued under this section has been duly served which requires the production of materials shall make the material available for inspection and copying or reproduction to the Attorney General at the principal place of business of that person in the State of New Jersey or at any other place as the Attorney General and the person thereafter may agree and prescribe in writing, on the return date specified in the interrogatory or on a later date as the Attorney General may prescribe in writing. Upon written agreement between the person and the Attorney General, copies may be substituted for all or any part of the original materials. The Attorney General may cause the preparation of any copies of documentary material as may be required for official use by the Attorney General.

      No material produced pursuant to this section shall be available for examination, without the consent of the person who produced the material, by an individual other than the Attorney General or any person retained by the Attorney General in connection with the enforcement of this act, except as provided in section 6 of P.L.1983, c.392 (C.13:1E-131), subject to any protective order deemed proper by the Superior Court. Under reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in his possession shall be available for examination by the person who produced the material or any of his duly authorized representatives.

      [In any investigation conducted pursuant to this act, the Attorney General may present before the department, court or grand jury any documentary material in his possession pursuant to this section, subject to any protective order deemed proper by the Superior Court.]

      g. Upon completion of:

      (1) The review and investigation for which any documentary material was produced under this section, and

      (2) Any case or proceeding arising from the investigation, the Attorney General shall return to the person who produced the material all the material, other than copies thereof made by the Attorney General pursuant to this section, which has not passed into the control of the department or any court or grand jury through the introduction thereof into the record of the case or proceeding.

      h. When any documentary material has been produced by any person under this section for use in an investigation, and no case or proceeding arising therefrom has been instituted within two years after completion of the examination and analysis of all evidence assembled in the course of the investigation, the person shall be entitled, upon written demand made upon the Attorney General, to the return of all documentary material, other than copies thereof made pursuant to this section so produced by him.

      i. Whenever any person fails to comply with any investigative interrogatory duly served upon him under this section, or whenever satisfactory copying or reproduction of any material cannot be done and he refuses to surrender the material, the Attorney General may file in the Superior Court a petition for an order of the court for the enforcement of this section.

      j. At any time before the return date specified in the interrogatory, the person served with the interrogatory may file in the Superior Court a petition for an order modifying or setting aside the interrogatory. The time allowed for compliance with the interrogatory shall not run during the pendency of this petition. The petition shall specify each ground upon which the petition relies in seeking relief, and may be based upon any failure of the interrogatory to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner. In this proceeding, the Attorney General shall establish the existence of an investigation pursuant to this act and the nature and subject matter of the investigation.

(cf: P.L.1991, c.269, s.4)

      13. Section 5 of P.L.1983, c.392 (C.13:1E-130) is amended to read as follows:

      5. a. Whenever the Attorney General determines that there exists a reasonable suspicion that any person may have information or knowledge relevant to an investigation conducted pursuant to this act, he may issue in writing and cause to be served upon that person a [subpena] subpoena to appear and be examined under oath before the Attorney General.

      b. The [subpena] subpoena shall:

      (1) Identify the licensee, permittee or applicant who is the subject of the investigation;

      (2) Advise that person that he may have an attorney present when he appears and testifies or otherwise responds to the [subpena] subpoena, that he has a right, at any time before the return date of the [subpena] subpoena, to file in Superior Court a petition to modify or set aside the [subpena] subpoena, as provided in subsection f. of this section;

      (3) Prescribe a date and time at which that person must appear to testify, under oath, provided that this date shall not be less than seven days from the date of service of the [subpena] subpoena.

      c. Except as otherwise provided in [this] section 6 of P.L.1983, c.392 (C.13:1E-131), subject to any protective order deemed proper by the Superior Court, no information derived pursuant to the [subpena] subpoena shall be disclosed by the Attorney General or the department without the consent of the person testifying.

      [In any investigation conducted pursuant to this act, the Attorney General may present before the department, court or grand jury any information disclosed pursuant to the subpena, subject to any protective order deemed proper by the Superior Court.]

      d. Service of a [subpena] subpoena pursuant to this section shall be by any of those methods specified in the New Jersey Court Rules for service of summons and complaint in a civil action.

      e. Whenever any person fails to comply with any [subpena] subpoena duly served upon him under this section, or whenever satisfactory copying or reproduction of any material cannot be done and he refuses to surrender the material, the Attorney General may file in the Superior Court a petition for an order of the court for the enforcement of the [subpena] subpoena.

      f. At any time before the return date specified in the [subpena] subpoena, the person who has been served with the [subpena] subpoena may file in the Superior Court a petition for an order modifying or setting aside the [subpena] subpoena. The time allowed for compliance with the [subpena] subpoena shall not run during the pendency of this petition. The petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the [subpena] subpoena to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner. In this proceeding, the Attorney General shall establish the existence of an investigation pursuant to this act and the nature and subject matter of the investigation.

(cf: P.L.1991, c.269, s.5)

      14. Section 6 of P.L.1983, c.392 (C.13:1E-131) is amended to read as follows:

      6. a. No public officer or employee shall knowingly disclose to any other person, other than a Grand Jury or pursuant to a court order, any confidential information obtained pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) and P.L. , c. (C.13:1E-135.1 et seq.), except that in the course of the administration of these acts, confidential information may be disclosed to the department, the Attorney General, a court of competent jurisdiction or, if a hearing is granted pursuant to these acts, to the parties pursuant to discovery rules and to the Office of Administrative Law.

      Information obtained pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) and P.L. , c. (C.13:1E-135.1 et seq.) may be disclosed, with the written approval of the Attorney General, to:

      (1) a duly authorized law enforcement agency or

      (2) a governmental agency investigating the qualifications of persons required by law to be licensed to engage in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste.

      b. Any public officer or employee who shall knowingly disclose to any person [, other than the Attorney General or a person retained by the Attorney General as herein provided, the name of any person who receives an investigative interrogatory or a subpena or] any confidential information obtained pursuant [thereto, except in proceedings involving an alleged violation of] to this act [and], except as [so directed by the Attorney General] otherwise provided in subsection a. of this section, shall be guilty of a crime of the fourth degree.

(cf: P.L.1983, c.392, s.6)

      15. Section 7 of P.L.1983, c.392 (C.13:1E-132) is amended to read as follows:

      7. a. If any person in attendance pursuant to a [subpena] subpoena or an interrogatory issued pursuant to this act refuses to answer personally a question or produce evidence of any kind, or make the required answers on the ground that he may be incriminated thereby, and if the Attorney General, in a writing directed to that person, orders that he answer the question or produce the evidence, the person shall comply with the order. After complying therewith and if, but for this section, he would have been privileged to withhold the answer given or the evidence produced, that answer, testimony or evidence or any evidence directly or indirectly derived therefrom, may not be used against him in any prosecution for a crime or offense concerning which he gave answer or produced evidence; provided that the answer, testimony or evidence is responsive to the question propounded. That person may, however, be prosecuted or subject to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing evidence or failing to produce evidence or failing to do so in accordance with the order.

      b. If any person fails to obey the command of the [subpena] subpoena after being ordered to do so by a court of competent jurisdiction, he shall be guilty of a crime of the fourth degree. In the alternative, if a person shall fail to obey the command of a [subpena] subpoena after being ordered to do so by a court of competent jurisdiction, the Attorney General may apply to that court to adjudge the person in contempt and to commit him to jail until such time as he purges himself of contempt by responsively answering, testifying or producing evidence as ordered.

(cf: P.L.1983, c.392, s.7)

      16. 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 objectively exhibited [sufficient] the 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;

      (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 section 1 of P.L.1981, c.221 (C.48:13A-6.1).

      c. If the [Attorney General] department determines that there is a reasonable [suspicion] factual basis 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] a preponderance of the 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] the application during the pendency of [such charge] the charges, but shall proceed and complete the licensing investigation, with the exception of the facts underlying the current prosecutions or pending charges, within the time frames set forth in section 3 of P.L.1997, c. (C.13:1E-135.3) (pending in the Legislature as this bill).

      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] report 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.

      The department shall not deny the approval of a license for an applicant if the applicant has affirmatively demonstrated rehabilitation pursuant to the provisions of section 7 of P.L.1991, c.269 (C.13:1E-133.1).

      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] a 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.). The applicant, permittee or licensee shall be afforded all rights to discovery and all other procedural rights conferred upon parties to contested cases by the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and any rules or regulations adopted pursuant thereto.

      No permittee or licensee shall be denied the right to engage in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State until there has been an adverse final agency decision rendered against that permittee or licensee following a hearing, if requested, pursuant to the “Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except pursuant to injunctive relief entered by the Superior Court.

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

      17. Section 7 of P.L.1991, c.269 (C.13:1E-133.1) is amended to read as follows:

      7. a. [Notwithstanding the conviction of a] Any person required to be listed in a disclosure statement, or otherwise shown to have a beneficial interest in the business of an applicant, permittee or licensee, unless disqualified on the basis of subsection f. of section 8 of P.L.1983, c.392 (C.13:1E-133), may apply to the department for a finding of rehabilitation, notwithstanding that person’s conviction for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), [the] or failure to satisfy the standards for licensure under subsection a., c., or e. of section 8 of P.L.1983, c.392 (C.13:1E-133). A request for a finding of rehabilitation may be made as part of a license application or in response to a notice of proposed revocation or monitoring. The department may issue or renew a license to an applicant, permittee or licensee, or refrain from revoking or monitoring the license, if the department determines in a writing setting forth findings of fact that the [convicted] person has affirmatively demonstrated rehabilitation by clear and convincing evidence pursuant to the provisions of this section. If the department determines that the nature and seriousness of the crime or civil or regulatory violation creates a reasonable doubt that an applicant, permittee, or licensee will engage in the activity for which a license is sought in a lawful and responsible manner, the department shall make a determination in a writing setting forth findings of fact that the [convicted] person [cannot] has not affirmatively demonstrated rehabilitation. The written determination which the department shall make regarding a person’s rehabilitation may take the form of an order, an order to show cause, a denial, a revocation or other initial administrative pleading. If the department determines that rehabilitation has not been demonstrated, that determination may be contested as part of any hearing requested pursuant to section 8 or section 9 of P.L.1983, c.392 (C.13:1E-133 or 13:1E-134).

      b. In determining whether [a convicted] an individual has affirmatively demonstrated rehabilitation, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing and based upon a consideration of [at least] any factors which are relevant to the case, which may include, but are not limited to, the following factors:

      (1) The nature and responsibilities of the position which [a convicted individual] the individual seeking to demonstrate rehabilitation would hold;

      (2) The nature and seriousness of the crime or the civil or regulatory violations, including whether the individual seeking to demonstrate rehabilitation intended to violate the State’s civil or regulatory public policies and whether the civil or regulatory violations would have resulted in a monitorship if reviewed pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134);

      (3) The circumstances under which the crime or civil or regulatory violation was committed and the role of the individual in the crime or the civil or regulatory violation;

      (4) The date of the crime or civil or regulatory violation;

      (5) The age of the [convicted] individual when the crime or civil or regulatory violation was committed;

      (6) Whether the crime or civil or regulatory violation was an isolated or repeated act;

      (7) Any evidence of good conduct in the community, [counseling or psychiatric treatment received,] acquisition of additional academic or vocational schooling, or the recommendation of persons who have supervised the [convicted] individual since the conviction or civil or regulatory violation; [and]

      (8) The full criminal record of the [convicted] individual [, any] ;

      (9) Any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing against an individual convicted of a crime or responsible for civil or regulatory violations;

      (10) The period of time since the crime or civil or regulatory violation was committed;

      (11) Relevancy of the crime or the civil or regulatory violation to the conduct of the licensed activity;

      (12) The regulatory compliance record of the individual or person since the date of conviction or the date of the civil or regulatory violation;

      (13) The risk of future violations;

      (14) Any restitution of unlawfully derived economic benefit from criminal or civil or regulatory violations;

      (15) The degree of cooperation or recalcitrance of the individual or person in remedying the crime or the civil or regulatory violations, including institution of a formal compliance policy;

      (16) Employee error or mistake;

      (17) Reasonable reliance of the individual upon governmental agency representations, policies or statements;

      (18) Admissions of wrongdoing, unless prohibited by other provisions of law; and

      (19) Any failure to pay civil or criminal fines or penalties.

      Notwithstanding any other provision of this subsection, a convicted individual shall have affirmatively demonstrated rehabilitation pursuant to the provisions of this section if the convicted individual produces evidence of a pardon issued by the Governor of this or any other state, or evidence of the expungement of every conviction for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133).

      c. In determining whether a [convicted] business concern has affirmatively demonstrated rehabilitation, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing and based upon a consideration of [at least] any factors which are relevant to the case, which may include, but are not limited to, the following factors:

      (1) The nature and seriousness of the crime or the civil or regulatory violations, including whether the civil or regulatory violations would have resulted in a monitorship if reviewed pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134);

      (2) The circumstances under which the crime or civil or regulatory violation was committed;

      (3) The date of the crime or civil or regulatory violations;

      (4) Whether the crime or civil or regulatory violation was an isolated or repeated act; [and]

      (5) The full criminal record of the [convicted] business concern [, any] ;

      (6) Any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing involving the business concern;

      (7) The regulatory compliance record of the business concern since the date of conviction or since the date of the civil or regulatory violation;

      (8) The risk of future criminal, civil, or regulatory violations by the business concern;

      (9) The period of time since the crime or civil or regulatory violation was committed;

      (10) Relevancy of the crime or the civil or regulatory violations to the conduct of the licensed activity;

      (11) Any restitution of unlawfully derived economic benefit from any crime or civil or regulatory violations;

      (12) The degree of cooperation or recalcitrance of the business concern in remedying the crime or civil or regulatory violations, including institution of a formal compliance policy;

      (13) Employee error or mistake;

      (14) Reasonable reliance of the business concern upon governmental agency representations, policies or statements;

      (15) Admissions of wrongdoing, unless prohibited by other provisions of law; and

      (16) Any failure to pay civil or criminal fines or penalties.

      d. The Attorney General may [require] recommend, as a predicate to a determination that a [convicted business concern] person has affirmatively demonstrated rehabilitation, that the [convicted business concern] person agree, in writing, to an investigation of the [crime or] crimes or civil or regulatory violations committed by the [convicted business concern] person which caused disqualification pursuant to subsection a., b., c. or e. of section 8 of P.L.1983, c.392 (C.13:1E-133), the persons involved in the crime or civil or regulatory violations, and any corporate policies, procedures, and organizational structure that may have led to the crime or civil or regulatory violations. At the conclusion of this investigation a report shall be prepared identifying the underlying conduct giving rise to any criminal convictions or civil or regulatory violations and any steps that have subsequently been taken by the [convicted business concern] person to prevent a recurrence of the criminal activity or civil or regulatory violations, and recommending any steps that may be deemed necessary to prevent a recurrence of the criminal activity or the civil or regulatory violations. The investigation shall be conducted by, or on behalf of, the Attorney General, and the cost thereof shall be borne by the [convicted business concern] person.

      The Attorney General may [require] recommend, on the basis of this investigation and as a condition of recommending that a [convicted business concern] person has affirmatively demonstrated rehabilitation, that a [convicted business concern] person comply, or agree in writing to comply, with [any of the following:

      (1) changes in the convicted business concern's organizational structure to reduce the opportunity and motivation of individual employees to engage in criminal activity, including procedures for informing employees of the requirements of relevant state and federal law;

      (2) changes in the convicted business concern's long and short term planning to ensure that the convicted business concern implements procedures and policies to prevent future violations of the law;

      (3) changes in the convicted business concern's legal, accounting, or other internal or external control and monitoring procedures to discourage or prevent future violations of state or federal law;

      (4) changes in the convicted business concern's ownership, control, personnel, and personnel selection practices, including the removal of any person shown to have a beneficial interest in the convicted business concern, and the imposition of a reward or disincentive system in order to encourage employees to comply with relevant state and federal law;

      (5)] reasonable post-licensing monitoring of the [convicted] business concern's activities pursuant to subsection b. of section 9 of P.L.1983, c.392 (C.13:1E-134) [relating to any changes in policy, procedure, or structure required by the Attorney General pursuant to this subsection], the cost of such monitoring to be borne by the [convicted] business concern[; and

      (6) any other requirements deemed necessary by the Attorney General].

      e. The department [shall not determine] , as a condition of determining that a [convicted business concern] person has affirmatively demonstrated rehabilitation [if] , may require that the [convicted] business concern [has not complied, or agreed] agree in writing to comply [,] with [every requirement imposed] post-licensing monitoring recommended by the Attorney General pursuant to subsection d. of this section.

      f. No person shall be entitled to apply for rehabilitation pursuant to this section more frequently than once every seven years if a denial, debarment or revocation is based on the conviction of a crime enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), or once every three years if a denial, debarment or revocation is based on any other cause pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et seq.) or P.L. , c. (C.13:1E-135.1 et seq.)(pending in the Legislature as this bill), for which rehabilitation may be requested under this section.

(cf: P.L.1991, c.269, s.7)

      18. Section 9 of P.L.1983, c.392 (C.13:1E-134) is amended to read as follows:

      9. [Any] A license may be revoked or monitored by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

      a. The department may revoke the license of a permittee or licensee for any of the following causes:

      [a.] (1) Any cause which would require disqualification[,] of an application for an initial license pursuant to subsection [a.,] b. [, c., e., or f.] of section 8 of P.L.1983, c.392 (C.13:1E-133) [, from receiving a license upon original initial application];

      (2) Any cause which would require disqualification of an application for an initial license pursuant to subsection f. of section 8 of P.L.1983, c.392 (C.13:1E-133);

      (3) Any cause which would require disqualification of an application for an initial license pursuant to subsection a., c., or e. of section 8 of P.L.1983, c.392 (C.13:1E-133), whenever the department has previously monitored the license of the business concern pursuant to subsection b. of this section;

      [b.] (4) Fraud, deceit or misrepresentation of a material fact in securing the license, or in the conduct of the licensed activity, on the part of any permittee, licensee or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee;

      [c.] (5) Offering, conferring or agreeing to confer any benefit to induce any other person to violate the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), or of any other law relating to the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, or of any rule or regulation adopted pursuant thereto, on the part of any permittee, licensee, or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee;

      [d.] (6) Coercion of a customer by violence or economic reprisal or the threat thereof to utilize the services of any permittee or licensee[; or] , on the part of any permittee, licensee, or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee;

      [e.] (7) Preventing, without authorization of the department, any permittee or licensee from disposing of solid waste or hazardous waste at a licensed, authorized or approved treatment, storage, transfer or disposal facility[.] , on the part of any permittee, licensee, or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee;

      (8) Repeatedly engaging in any activity which the person knows is required to be licensed under the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) without having a license or permit, on the part of any permittee, licensee, or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee;

      (9) Seriously degrading the environment or seriously threatening the public health and welfare, on the part of any permittee, licensee, or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee; or

      (10) Failing to comply with the conditions of a monitorship imposed pursuant to subsection b. of this section or section 7 of P.L.1991, c.269 (C.13:1E-133.1), on the part of any permittee, licensee, or person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the permittee or licensee.

      b. The department may monitor the license of a permittee or licensee for any cause which would require disqualification of an applicant for an initial license pursuant to subsection a., c., or e. of section 8 of P.L.1983, c.392 (C.13:1E-133), whenever the department determines that the imposition of conditions will insure compliance with the law, where none of the grounds for revocation enumerated in subsection a. of this section are present, and whenever the permittee or licensee has not previously had its license monitored, revoked or denied. A period of monitorship shall not exceed five years.

      A permittee or licensee shall be entitled to continue operating during a period of monitorship provided that the permittee or licensee complies with all conditions imposed on the permittee or licensee. The conditions of monitorship which may be imposed on the permittee or licensee may include any of the following:

      (1) payment of reasonable compensatory damages and other actual damages;

      (2) payment of reasonable costs of investigation, inspection and monitoring;

      (3) payment of reasonable fees and costs of preparing and litigating the case;

      (4) reasonable changes in the business concern's organizational structure to reduce the opportunity and motivation of individual employees to engage in civil or regulatory violations, including procedures for informing employees of the requirements of relevant state and federal law;

      (5) reasonable changes in the business concern's long and short term planning to ensure that the business concern implements procedures and policies to prevent future violations of the law;

      (6) reasonable changes in the business concern's legal, accounting, or other internal or external control procedures to discourage or prevent future violations of state or federal law;

      (7) reasonable changes in the business concern's ownership, control, personnel, and personnel selection practices, including the removal of any person shown to have a beneficial interest in the business concern, and the imposition of a reward or disincentive system in order to encourage employees to comply with relevant state and federal law;

      (8) appointment by the department of an independent agent who shall have access to the business premises of the business concern on a daily or periodic basis and shall be responsible for observing and examining all books, records, transactions, operations and activities of the business concern and reporting thereon to the department, all at the expense of the permittee or licensee;

      (9) retention by the licensee or permittee of an independent agent to supervise the daily operation of the business concern, to the extent defined by the department, who shall provide compliance reports at intervals specified by the department, all at the expense of the permittee or licensee; or

      (10) any other reasonable conditions which the department may impose.

      Prior to appointing an agent pursuant to paragraphs (8) or (9) of this subsection, the department shall determine that the proposed agent is independent, qualified, impartial and has no conflict of interest with respect to the business concern. In approving an agent, the department shall consider, but not be bound by, a recommendation of the business concern.

      Should a monitored business concern fail to comply with any of the conditions imposed pursuant to this subsection, the department shall revoke the business concern’s license and the business concern shall immediately cease operations upon receipt of a written notice of revocation. The business concern may request a hearing solely on whether it violated the conditions for monitorship and may seek a stay of any order requiring the cessation of operations if the business concern can demonstrate a reasonable likelihood of success on the merits and no harm to the public interest by its continued operation.

      c. A determination by the department to monitor or revoke the license of any business concern shall constitute a contested case under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and the business concern shall have the opportunity to contest

the determination in an administrative hearing.

(cf: P.L.1991, c.269, s.9).

      19. Section 10 of P.L.1983, c.392 (C.13:1E-135) is amended to read as follows:

      10. a. [(1)] Notwithstanding the disqualification of the applicant [or permittee] pursuant to [subsection a., b., c., e. or f. of] section 8 of P.L.1983, c.392 (C.13:1E-133), the department may issue or renew a license if the applicant [or permittee] severs the interest of or affiliation with the person who would otherwise cause that disqualification.

      b. (1) Notwithstanding the existence of grounds for revocation pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134), the department need not revoke the license of a licensee or permittee if the licensee or permittee severs the interest of or affiliation with the person who would otherwise cause that disqualification.

      (2) In the case of a revocation on any grounds except pursuant to paragraph (2) of subsection a. of section 9 of P.L.1983, c.392 (C.13:1E-134), severance of any such interest or affiliation may be by divestiture of interests held by the person on reasonable commercial terms, consistent with the purpose and intent of this section. For the purposes of this section, "reasonable commercial terms" shall mean a temporary retention of debt liability by the person who would cause revocation for as short an interval as possible, not to exceed 5 years from the date of the department’s decision allowing severance, provided that the person who would otherwise cause revocation:

      (a) immediately ceases any and all role in the operation or management of the licensee or permittee, unless the department, in writing, finds that a transition period of up to six months is necessary;

      (b) proves, by clear and convincing evidence, that the divestiture cannot be effected within 2 years from the date of the severance decision without causing extraordinary economic or financial harm; and

      (c) has satisfied the department, by clear and convincing evidence, that the person has and will continue to completely separate itself from the licensee or permittee, and from any other activity required to be licensed under the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), and that all measures necessary to insure this result have been implemented or will be implemented in a timely manner. For the purposes of this section, a person to be severed will have “completely separated” itself if the person exercises no control or influence over the licensee or permittee, its operations or its management and has no equity or other beneficial interest in the licensee or permittee other than the debt liability that is being divested pursuant to this subsection.

      c. In the case of a permittee, applicant, licensee or person whose right to engage in any licensed activity is denied or revoked by the department for any grounds except those set forth in subsection f. of section 8 of P.L.1983, c.392 (C.13:1E-133) or pursuant to paragraph (2) of subsection a. of section 9 of P.L.1983. c.392 (C.13:1E-134), the department shall have the discretion to defer immediate revocation or denial of the license of related business concerns pursuant to subsection b. of this section.

      [(2)] d. The department may issue or renew a temporary license to any applicant or permittee for periods not to exceed six months if the department determines that the issuance or renewal of a temporary license is necessitated by the public interest.

      [b. After July 1, 1992, the provisions of any other law to the contrary notwithstanding, no temporary license shall be approved, issued or renewed by the department for any applicant or permittee, as the case may be, to own or operate a resource recovery facility or other solid waste facility approved by the department for the long-term solid waste disposal requirements of a district or districts pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) prior to the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133); except that the department may issue a temporary license to an applicant or renew the temporary license of a permittee if the Commissioner of the Department of Environmental Protection determines, in writing, that the issuance of a temporary license for that applicant or renewal of the temporary license for that permittee is necessitated by the public interest.]

(cf: P.L.1991, c.269, s.10)

      20. Section 11 of P.L.1970, c.39 (C.13:1E-11) is amended to read as follows:

      11. [a.] During the first registration year of each applicant or permittee as defined in section 2 of P.L.1983, c.392 (C.13:1E-127) for approval of a registration statement to engage in the collection of solid waste, or a registration statement or engineering design approval for a solid waste facility, or the year following any violation of the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) resulting in a revocation or monitorship of registration, the department is authorized to give temporary approval of registrations conditioned upon the applicant or permittee, as the case may be, effecting specified additions, changes or improvements in methods of operation and equipment within such time and manner as may be required by the department. The fee for such temporary approval shall be the appropriate fee established pursuant to section 3 of P.L.1971, c.461 (C.13:1E-18), notwithstanding the length of time for which it is given.

      b. [After July 1, 1992, the provisions of any other law to the contrary notwithstanding, no temporary approval of registrations shall be given, issued or renewed by the department for any applicant or permittee, as the case may be, to own or operate a resource recovery facility or other solid waste facility approved by the department for the long-term solid waste disposal requirements of a district or districts pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) prior to the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133); except that the department may renew the temporary approval of registrations of an applicant or permittee if the commissioner determines, in writing, that the renewal of a temporary approval for that applicant or permittee is necessitated by the public interest.] (Deleted by amendment, P.L. , c. ) (pending in the Legislature as this bill)

(cf: P.L.1991, c.269, s.14)

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

      12. [The] In addition to the procedures provided in section 9 of P.L.1983, c.382 (C.13:1E-134), the department, after a hearing held pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may revoke or [suspend] monitor the registration issued to any person engaged in [the] solid waste collection or solid waste disposal upon a finding that such person[:

      a. Has violated any provision of this act or any rule, regulation, or administrative order promulgated hereunder; or

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

      c. Has refused or failed to comply with any lawful order of the department.] has violated any rule, regulation or administrative order pertaining to an engineering design approval pursuant to section 5 of P.L.1970, c.39 (C.13:1E-5).

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

      22. The following are repealed:

      Section 8 of P.L.1991, c.269 (C.13:1E-133.2); and

      Section 17 of P.L.1991, c.269 (C.13:1E-133.3).

      23. This act shall take effect immediately.

The "Solid and Hazardous Waste Operator Registration Reform Act of 1997."