ASSEMBLY RESOLUTION No. 118

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 19, 1996

By Assemblyman ROONEY

An Assembly Resolution urging the Attorney General to withdraw any appeal of the United States District Court ruling in Atlantic Coast Demolition & Recycling, Inc., et al. v. Board of Chosen Freeholders of Atlantic County, et al., which declared portions of the New Jersey waste flow regulations unconstitutional.

Whereas, On May 16, 1994, the U.S. Supreme Court, in its first-ever waste flow control case, C & A Carbone, Inc. v. Town of Clarkstown, N.Y., held that, without unambiguous congressional authorization, a state or local government's regulation of where haulers must transport solid waste for processing or disposal is a violation of the Commerce Clause of the U.S. Constitution; and

Whereas, The United States District Court ruled on July 15, 1996, in Atlantic Coast Demolition & Recycling, Inc., et al. v. Board of Chosen Freeholders of Atlantic County, et al., that portions of the New Jersey waste flow regulations "are unconstitutional to the extent that they discriminate against interstate commerce by operating to deprive out-of-state disposal facilities the opportunity to compete for New Jersey disposal business"; and

Whereas, Judge Joseph E. Irenas further ordered that the Department of Environmental Protection (DEP) would not be permitted to enforce waste flow regulations to the extent their application discriminates against interstate commerce, except that to give the State time to develop and implement an alternative solid waste management system, Judge Irenas delayed the effective date of the order for two years following the exhaustion of all appeals; and

Whereas, Judge Irenas was extremely critical of the State in his ruling, saying that the State had "not even attempted to present a feasible non-discriminatory alternative to the Court, but [has] merely caricatured each of the tools that may be used in building a new system"; and

Whereas, The statewide average cost for solid waste disposal is $87 per ton, which is more than double the national average of $36 per ton; and

Whereas, Replacing mandatory waste flow regulation with the free market, thereby making available cheap out-of-state disposal facilities coupled with some intrastate competition, holds the promise of reduced solid waste disposal costs and lower property taxes for all New Jersey residents; and

Whereas, A broad coalition of organizations, including a group of 240 mayors that includes the mayors of seven of the 10 largest cities in New Jersey, the New Jersey Chamber of Commerce, Hands Across New Jersey, United Taxpayers, and the New Jersey Environmental Federation, has joined to fight the waste flow regulations; and

Whereas, Persisting in this course of delay in devising a viable solution also continues to threaten the fiscal stability of public agencies saddled with a huge public debt invested to support solid waste incinerators, landfills and transfer stations when these facilities could legally be guaranteed waste flow; and

Whereas, It is completely indefensible for the State to continue to waste taxpayers money and time and do anything other than work quickly towards a solution to the challenges posed by the definitive ruling by the courts dismissing State control of waste flow; now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey:

    1. The Attorney General is urged to withdraw any appeal of the United States District Court ruling in Atlantic Coast Demolition & Recycling, Inc., et al. v. Board of Chosen Freeholders of Atlantic County, et al., which declared portions of the New Jersey waste flow regulations unconstitutional.

    2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk of the General Assembly, shall be forwarded to the Governor and the Attorney General.

STATEMENT

    This resolution would urge the Attorney General to withdraw any appeal of the United States District Court ruling in Atlantic Coast Demolition & Recycling, Inc., et al. v. Board of Chosen Freeholders of Atlantic County, et al., which declared portions of the New Jersey waste flow regulations unconstitutional.

Urges Attorney General to withdraw any appeal of U.S. District Court waste flow decision.