[First Reprint]

SENATE, No. 580

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator SCHLUTER

An Act concerning certain transfer stations, and amending P.L.1990, c.113.

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

    1. Section 2 of P.L.1990, c.113 (C.48:13A-6.2) is amended to read as follows:

    2. a. The provisions of P.L.1957, c.183 (C.40:14B-1 et seq.), P.L.1985, c.38 (C.13:1E-136 et al.) or any other law, or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, any transfer station constructed or operated in this State shall be deemed a public utility and shall be subject to the rate regulation and continuing jurisdiction of the ¹[Board of Public Utilities] Department of Environmental Protection¹. No transfer station shall commence or continue solid waste transfer operations and no person may own or operate a transfer station in this State unless the person has:

    (1) filed a registration statement and engineering design application and obtained approval thereof from the Department of Environmental Protection as required by section 5 of P.L.1970, c.39 (C.13:1E-5);

    (2) obtained a certificate of public convenience and necessity ¹[from the Board of Public Utilities]¹ as required by section 7 of P.L.1970, c.40 (C.48:13A-6); and

    (3) filed an initial tariff or lawfully negotiated contract for solid waste transfer operations and obtained approval thereof from the ¹[Board of Public Utilities] Department of Environmental Protection¹, which tariff or contract shall include the formulas to be used to determine the charges, rates, or fees to be charged for the utilization of the transfer station, and the methodology or methodologies used to develop these formulas.

    b. It shall remain the continuing responsibility of the owner or operator of every transfer station to file a revised tariff, or any proposed revisions to a lawfully negotiated contract for solid waste transfer operations, and obtain approval thereof from the ¹[Board of Public Utilities] Department of Environmental Protection¹, whenever the owner or operator of a transfer station seeks to adjust the charges, rates, or fees charged for the utilization of the transfer station.

    c. No adjustment to the charges, rates, or fees charged for the utilization of any transfer station operated in this State shall take effect prior to the approval thereof by the ¹[Board of Public Utilities] Department of Environmental Protection¹.

    The provisions of this section shall not apply to a transfer station owned or operated by a county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.) at which solid waste transfer operations commenced prior to December 31, 1986 pursuant to a publicly-bid and lawfully negotiated contract therefor.

(cf: P.L.1990, c.113, s.2)

    2. This act shall take effect immediately.

Exempts certain transfer stations from the rate regulation of the Department of Environmental Protection.