ASSEMBLY, No. 1863

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblymen GUSCIORA and DALTON

An Act concerning tire piles, and supplementing parts of the Revised Statutes.

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

    1. a. The Department of Transportation shall inspect, at least once every 12 months, the surroundings of every road under its jurisdiction to determine the location and size of any tire piles within 1,000 feet of a roadway.

    b. The department shall report the findings of its inspection conducted pursuant to subsection a. of this section to the Department of Environmental Protection.

    2. a. The New Jersey Highway Authority shall inspect, at least once every 12 months, the surroundings of every road under its jurisdiction to determine the location and size of any tire piles within 1,000 feet of a roadway.

    b. The authority shall report the findings of its inspection conducted pursuant to subsection a. of this section to the Department of Environmental Protection.

    3. a. The New Jersey Turnpike Authority shall inspect, at least once every 12 months, the surroundings of every road under its jurisdiction to determine the location and size of any tire piles within 1,000 feet of a roadway.

    b. The authority shall report the findings of its inspection conducted pursuant to subsection a. of this section to the Department of Environmental Protection.

    4. a. The South Jersey Transportation Authority shall inspect, at least once every 12 months, the surroundings of every road under its jurisdiction to determine the location and size of any tire piles within 1,000 feet of a roadway.

    b. The authority shall report the findings of its inspection conducted pursuant to subsection a. of this section to the Department of Environmental Protection.

    5. a. The Department of Environmental Protection shall review the reports concerning tire piles submitted by the Department of Transportation and the various authorities pursuant to subsection b. of sections 1, 2, and 3 of this act to determine whether the tire piles are properly registered solid waste facilities.

    b. The Commissioner of Environmental Protection may issue an emergency order to the owner or operator of any tire pile site that is not a properly registered solid waste facility, which order may include:

    (1) The specific activity or activities occurring at the site that are unlawful;

    (2) The specific measures that the owner or operator of the tire pile site is directed to undertake to remove the tire pile and deadline for accomplishing those measures;

    (3) The action that the department will take upon the signing of the emergency order, or at any time thereafter, which may include, but need not be limited to, the limitation of physical access to, or egress from, the tire pile site by vehicles or persons.

    c. An emergency order issued pursuant to this section shall take effect upon the signing of the emergency order by the commissioner, and the person to whom the emergency order is directed shall comply with the emergency order immediately upon receipt thereof.

    d. Any action brought by a person seeking a temporary or permanent stay of an emergency order issued pursuant to this section shall be brought in the Superior Court.

    6. This act shall take effect immediately.

STATEMENT

    This bill would direct the Department of Transportation and the New Jersey Highway Authority, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority to inspect, at least once every 12 months, the surroundings of every road under their jurisdiction to determine the location and size of any tire piles within 1,000 feet of a roadway. The department and each authority shall report the findings of their inspections to the Department of Environmental Protection.

    The bill would direct the Department of Environmental Protection to review the report concerning tire piles submitted by the Department of Transportation to determine whether the tire piles are properly registered solid waste facilities.

    The Commissioner of Environmental Protection may issue an emergency order to the owner or operator of any tire pile site that is not a properly registered solid waste facility to force the removal of the tire pile.

Requires removal of unregistered tire piles near roadways.