SENATE, No. 347
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator BAER
An Act concerning certain solid waste subcontractors, and amending and supplementing P.L.1983, c.392.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1983, c.392 (C.13:1E-127) is amended to read as follows:
2. As used in [this act] sections 1 through 10 of P.L.1983, c.392 (C.13:1E-126 through 13:1E-135), sections 3, 7, 8 and 17 of P.L.1991, c.269 (C.13:1E-128.1, 13:1E-133.1, 13:1E-133.2 and 13:1E-133.3), and sections 2 and 3 of P.L. , c. (C.13:1E-135.1 and 13:1E-135.2) (now before 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.296 (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. "Department" means the Department of Environmental Protection.
e. "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;
(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.
f. "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. "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. "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. "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. "Person" means any individual or business concern.
k. "Solid waste transportation services" means the services provided by persons engaged in the transportation of solid waste to interdistrict, intradistrict or interstate destinations for disposal.
l. "Subcontractor" means any person who owns or operates up to five solid waste haulage vehicles and with whom a licensee proposes to negotiate a subcontract for the furnishing of solid waste transportation services; except that any person who has been denied approval of a license under the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) or P.L.1991, c.269 (C.13:1E-128.1 et al.), or whose license has been revoked by the department, or who otherwise has been debarred from participating in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State, as the case may be, shall not be permitted to engage in the transportation of solid waste as a subcontractor, or otherwise provide solid waste transportation services in this State.
(cf: P.L.1991, c.269, s.1)
2. (New section) The provisions of any other law, or of any rules or regulations adopted pursuant thereto, to the contrary notwithstanding, any licensee lawfully engaged in the transportation of solid waste to an interdistrict, intradistrict or interstate destination for disposal may enter into a contract for the furnishing of all or any part of those solid waste transportation services with a subcontractor provided that the licensee assumes legal responsibility for, and maintains supervision over and monitoring of, the subcontractor's solid waste transportation activities.
Any person who has been denied approval of a license under the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) or P.L.1991, c.269 (C.13:1E-128.1 et al.), or whose license has been revoked by the Department of Environmental Protection, or who otherwise has been debarred from participating in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State, as the case may be, shall not be permitted to engage in the transportation of solid waste as a subcontractor, or otherwise provide solid waste transportation services in this State.
3. (New section) Notwithstanding the provisions of P.L.1983, c.392 (C.13:1E-126 et al.) or any other law, rule or regulation to the contrary, a subcontractor may engage in the transportation of solid waste in this State pursuant to the provisions of section 2 of P.L. , c. (C.13:1E-135.1) (now before the Legislature as this bill).
4. This act shall take effect immediately.
STATEMENT
This bill allows a licensed solid waste hauler to contract for the furnishing of solid waste transportation services with an unlicensed subcontractor who owns or operates not more than five solid waste haulage vehicles provided that the licensee assumes legal responsibility for, and maintains supervision over and monitoring of, the subcontractor's solid waste transportation activities.
The bill also provides that any person who has been denied approval of an "A-901" license, or whose license has been revoked by the Department of Environmental Protection, or who otherwise has been debarred from participating in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste by the State, would not be permitted to engage in the transportation of solid waste as a subcontractor, or otherwise provide solid waste transportation services in New Jersey.
Permits licensed solid waste hauler to subcontract for solid waste transportation services with an unlicensed subcontractor under certain circumstances.