ASSEMBLY, No. 1866

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblyman IMPREVEDUTO, Assemblywoman BUONO, Assemblyman Barnes and Assemblywoman Quigley

An Act concerning the collection and recycling of methane gas from sanitary landfill facilities, and amending and supplementing P.L.1970, c.39.

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

    1. (New section) a. The owner or operator of every sanitary landfill facility that emits volatile organic compounds in excess of 50 megagrams per year as of the effective date of this act, as may be determined by the Department of Environmental Protection, shall install, operate and maintain a methane gas collection and energy recovery system in accordance with the rules and regulations adopted by the department pursuant to section 6 of P.L.1970, c.39 (C.13:1E-6).

    b. The installation, operation and maintenance of a methane gas collection and energy recovery system as required pursuant to this section shall constitute an integral element of the specific activities to be undertaken by the owner or operator of the sanitary landfill facility in order to reduce smog-causing emissions and toxic air pollutants resulting from the operations at the sanitary landfill facility , as may be determined by the department, and as required by rules and regulations adopted by the United States Environmental Protection Agency under the federal "Clean Air Act," U.S.C. §7401 et seq.

    2. (New section). a. Every owner or operator of a sanitary landfill facility required to install a methane gas collection system at the site of the sanitary landfill facility and to construct, operate and maintain an energy recovery system therefor pursuant to section 1 of P.L. , c. (C. )(pending in the Legislature as this bill) shall, to the maximum extent practicable and feasible, use the recovered methane gas as an alternative energy source for onsite equipment and vehicles.    b. Any owner or operator may, in accordance with rules and regulations adopted by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), apply for an exemption from the requirements of subsection a. of this section. The department shall approve or deny an exemption upon receipt of an written application therefor. Any exemption approved by the department shall be based on evidence furnished to the department by the owner or operator that:

    (1) the use of recovered methane gas as an alternative energy source for onsite equipment and vehicles is not cost effective; and

    (2) the sanitary landfill facility is in compliance with all relevant federal standarrds for emissions and toxic air pollutants.

    3. Section 3 of P.L.1970, c.39 (C.13:1E-3) is amended to read as follows:

    3. [For purposes of] As used in this act[, unless the context clearly requires a different meaning]:

    [a.]"Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.

    [b.]"Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a transfer station or other authorized solid waste facility.

    [c.]"Disposal" means the storage, treatment, utilization, processing, resource recovery of, or the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water, so that the solid or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

    [d.]"Solid waste management" includes all activities related to the collection [and] or disposal of solid waste by any person engaging in any such process.

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

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

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

    [h.]"Solid waste facilities" mean and include the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of P.L.1970 c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

    [i.]"Public authority" means any solid waste management authority created pursuant to the "solid waste management authorities law," P.L.1968, c.249 (C.40:66A-32 et seq.); municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); incinerator authority created pursuant to the "incinerator authorities law," P.L.1948, c.348 (C.40:66A-1 et seq.); county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.), or any other public body corporate and politic created for solid waste management purposes in any county or municipality, pursuant to the provisions of any law.

    [j.]"Hackensack Meadowlands District" means the area within the jurisdiction of the Hackensack Meadowlands Development Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.).

    [k.]"Hackensack Commission" means the Hackensack Meadowlands Development Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.).

    [l. (Deleted by amendment, P.L.1990, c.113)]

    [m. (Deleted by amendment, P.L.1990 , c.113)]

    [n.]"Public sewage treatment plant" means any structure or structures required to be approved by the department pursuant to P.L.1977, c.224 (C.58:12A-1 et seq.) or P.L.1977, c.74 (C.58:10A-1 et seq.), by means of which domestic wastes are subjected to any artificial process in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State, before the discharge of the plant effluent into any of the waters of this State; this definition includes plants for the treatment of industrial wastes, as well as a combination of domestic and industrial wastes.

    [o.]"Resource recovery" means the collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse; or the incineration of solid waste for energy production and the recovery of metals and other materials for reuse.

    [p. (Deleted by amendment, P.L.1990, c.113)]

    [q.]"Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste.

    [r.]"Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a licensed solid waste haulage vehicle, including a rail car, for transportation to an offsite sanitary landfill facility, resource recovery facility, or other destination for disposal, except that a "transfer station" shall not include any solid waste facility at which solid waste is received for onsite transfer, and processing or disposal utilizing facility-owned or operated equipment and vehicles operated therefor.

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

    4. Section 6 of P.L.1970, c.39 (C.13:1E-6) is amended to read as follows:

    6. a. The department shall[, in addition to such other powers as it may possess by law]:

    (1) Undertake a program of research and development for the purpose of determining the most efficient, sanitary, environmentally-sound and economical way of collecting, disposing and [utilizing] recycling of solid waste.

    (2) Formulate and [promulgate] adopt, amend and repeal codes, rules and regulations concerning solid waste collection and solid waste disposal activities. [Such] These codes, rules and regulations shall establish the procedures relating to the preparation and submission of environmental impact statements prior to the construction, acquisition, or operation of any solid waste facility, and shall establish standards for the construction and operation of solid waste facilities, which standards shall include, but need not be limited to, provisions requiring: the maintenance of ground water quality monitoring wells to check water pollution; periodic monitoring of water quality by chemical analysis; measures to monitor methane gas production, collection and energy recovery at sanitary [landfills] landfill facilities; plans for erosion control; revegetation procedures and plans for the maintenance, upkeep, and reuse of any sanitary landfill facility site; adequate cover material; safety measures; rodent, insect, bird, dust, fire and odor control programs; and such other measures as shall be deemed necessary to protect the public health and safety and the natural environment.

    All codes, rules and regulations heretofore adopted by the Public Health Council relating to refuse disposal shall continue in full force and effect and be enforceable by the department, subject to its power as herein provided to amend or repeal the same.

    (3) Develop, formulate, [promulgate] adopt and review for the purpose of revising or updating not less than once every 2 years, a Statewide solid waste management plan which shall encourage the maximum practicable use of resource recovery procedures and which shall provide the objectives, criteria and standards for the evaluation of district solid waste management plans prepared pursuant to the provisions of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.) for solid waste management districts in this State; and to the extent practicable, encourage and assist in the development and formulation of [such] district solid waste management plans and guidelines to implement such plans. [Such objectives, criteria and standards shall be promulgated within 180 days of the effective date of this act; provided, however, that general guidelines sufficient to initiate the solid waste management planning process by solid waste management districts in this State shall be promulgated within 30 days of the effective date of this act.]In the development and formulation of the Statewide solid waste management plan the department shall consult with relevant agencies and instrumentalities of the Federal Government, and the aforesaid objectives, criteria and standards provided by said Statewide solid waste management plan shall conform, to the extent practicable, or as may be required, to the provisions of any Federal law concerning such objectives, criteria and standards.

    (4) Make an annual report to the Governor and the Legislature evaluating the operation of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), including any recommendations deemed necessary by the department to better effectuate the purposes hereof.

    b. The department may, in addition:

    (1) Order any district, pursuant to the Statewide solid waste management plan, the objectives, criteria and standards contained therein, the environmental and economic studies conducted by the department therefor and in a manner designed to enhance the environment within the concerned districts[,]:

    (a) to plan for the construction of resource recovery facilities[,];

    (b) to specify what processes should be utilized therein[,];

    (c) to develop a joint program with one or more [adjacent] districts for providing resource recovery facilities[, and];

    (d) to plan for the utilization of solid waste facilities on a regional basis; or

    [(d)](e) for those districts affected by the guarantee provided in section 9.1 of P.L.1968, c.404[, s.9.1] (C.13:17-10), to cooperate on a continuing basis with the department and with the other districts so affected in the development of a combined approach to solid waste management in northeastern New Jersey and make the final determination in the event of any overlap or conflict between the Hackensack Commission and any board of chosen freeholders pursuant to their respective responsibilities under [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.) or pursuant to the Hackensack Commission's responsibilities under P.L.1968, c.404 (C.13:17-1 et seq.)[.];

    (2) Acquire, by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection, disposal and utilization or recycling of solid waste;

    (3) Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory equipment or machinery necessary to the performance of its duties pursuant to this act;

    (4) Apply for, receive and expend funds from any public or private source; or

    (5) Contract with any other public agency, including county and municipal boards of health, or corporation incorporated under the laws of this or any other state for the performance of any function under this act. Any such contract with a county or municipal board of health may provide for the inspection and monitoring of solid waste facilities; the enforcement of the department's standards therefor; and the training of county or municipal health officers engaged in such inspection, monitoring or enforcement[;

    (6) Make grants to assist in experimenting with new methods of solid waste collection, disposal, or utilization, pursuant to the provisions of sections 21 through 25 of this amendatory and supplementary act;

    (7) Construct and operate, on an experimental basis, incinerators or other facilities for the disposal or utilization of solid waste, to provide the various municipalities and counties of this State, the Board of Public Utility Commissioners, the Hackensack Commission, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection and disposal;

    (8) Make annual and such other reports as it may deem proper to the Governor and the Legislature evaluating the demonstrations and experiments conducted during each calendar year].

(cf: P.L.1975, c.326, s.7)

    5. This act shall take effect 60 days after enactment, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

    This bill would require the owner or operator of every sanitary landfill facility that emits volatile organic compounds in excess of 50 megagrams per year, as may be determined by the Department of Environmental Protection, to install, operate and maintain a methane gas collection and energy recovery system in accordance with the rules and regulations adopted by the Department pursuant to section 6 of P.L.1970, c.39 (C.13:1E-6).

    Every methane gas collection and energy recovery system required pursuant to this bill would constitute an integral part of the specific activities to be undertaken by the owner or operator of the sanitary landfill facility in order to reduce smog-causing emissions and toxic air pollutants resulting from the operations of the sanitary landfill facility as required by rules and regulations adopted by the United States Environmental Protection Agency on March 1, 1996 under the federal Clean Air Act.

    The bill would also direct every owner or operator of a sanitary landfill facility required to install a methane gas collection and recovery system at the site of the sanitary landfill facility to utilize the recovered methane gas as an alternative energy source for onsite equipment and vehicles, to the maximum extent practicable and feasible.

Requires the collection and recycling of methane gas from sanitary landfill facilities.