SENATE, No. 962

STATE OF NEW JERSEY

INTRODUCED MARCH 18, 1996

By Senator SINGER

An Act concerning the licensing and regulation of the solid and hazardous waste industries, and amending, supplementing and repealing parts of the statutory law.

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

    1. (New section) Sections 1 through 8 inclusive of this amendatory and supplementary act shall be known and may be cited as the "Solid and Hazardous Waste Operator Registration Reform Act of 1996."

    2. (New section) The Attorney General and the Department of Environmental Protection shall, within 90 days of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), jointly publish in the New Jersey Register a copy of all forms necessary to be filed with an applicant's or permittee's request for a license, including a form prescribing the contents and specific requirements of the disclosure statement to be filed with the department and the Attorney General, and a form for providing any additional or updated information that may be added to the disclosure statement after it has been filed by the applicant, permittee or licensee.

    3. (New section) a. The department shall, within 120 days of the filing of a completed application and disclosure statement, approve or deny an application from an applicant for an initial license, unless the time period is extended with the consent of the applicant.

    b. If the department fails to render a decision on a completed application and disclosure statement submitted by an applicant within the time period specified in this section, the department shall issue a temporary approval of registration to the applicant pending the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133).

    c. A temporary approval of registration shall be given by the department for an applicant pursuant to this section provided that the applicant has been given a valid engineering design approval by the department for the proposed solid waste or hazardous waste treatment, storage, transfer or disposal operation.

    d. If the department denies an application from an applicant for an initial license after a temporary approval of registration has been given by the department and the solid waste facility has commenced operations, the applicant shall be entitled to continue operations at the solid waste facility pending a decision following a hearing to be conducted as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and the exhaustion of all judicial relief.

    4. (New section) a. Within 10 days of transmittal to the department, the applicant, permittee or licensee shall be furnished with a copy of the investigative report prepared by the Attorney General pursuant to section 3 of P.L.1983, c.392 (C.13:1E-128) and copies of any other reports on the applicant, permittee or licensee prepared by the department, the State Police or other federal, State or local agency.

    b. If the Attorney General fails or refuses to provide copies of any such reports to the applicant, permittee or licensee, as the case may be, the reports may not be utilized in any manner whatsoever by the Attorney General or the department in any decision or determination on the application for initial licensing, renewal or revocation.

    c. Within 30 days of receipt of an investigative report or other report pertinent to an application for initial licensing, renewal or revocation, the applicant, permittee or licensee may notify the governmental agency that prepared the report of any information contained therein, which is considered by the applicant, permittee or licensee to be inaccurate or incomplete.

    d. Access to and use of the investigative report prepared by the Attorney General, or any other report on the applicant, permittee or licensee prepared by the department, the State Police or other federal, State or local agency, shall be restricted to the purpose for which the report was prepared and shall not be disseminated to any other person or federal, State or local agency without the written consent of the applicant, permittee or licensee.

    5. (New section) a. The department shall, by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish and maintain a disqualification list of all persons debarred or disqualified from doing business with persons licensed pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) or P.L.1996, c. (C )(pending in the Legislature as this bill). The list shall be published in the New Jersey Register and shall include the criteria and standards for exclusion. The department shall furnish all licensees with copies of the list as updated. No applicant or permittee may transact any new business with any person whose name is contained on the disqualification list.

    b. Whenever the department intends to place the name of any person on the disqualification list pursuant to this section, the department shall prepare a petition setting forth its allegations and shall serve the petition on that person by personal service or by certified mail at the last known address of that person.

    c. Within 30 days after service of the petition in accordance with subsection b. of this section, the person named for exclusion may demand a hearing before the department. At any such hearing the department shall have the affirmative obligation to demonstrate, by a preponderance of the evidence, that the person named for exclusion satisfies the criteria and standards for exclusion established pursuant to this section. Failure to demand such a hearing within 30 days after service shall be deemed an admission of all matters and facts alleged in the department's petition and shall preclude a person from having an administrative hearing, but shall in no way affect that person's right to judicial review as provided herein.

    d. The department may seek preliminary placement on the list of a person named in a petition for exclusion pending completion of a hearing on the petition. The hearing on the application for preliminary placement shall be a limited proceeding at which the department shall have the affirmative obligation to demonstrate that there is a reasonable probability that the person so named satisfies the criteria and standards for exclusion established pursuant to this section. If a person has been placed on the list as a result of an application for preliminary placement, unless otherwise agreed by the department and the named person, a hearing on the petition for exclusion shall be initiated within 30 days of the receipt of a demand for the hearing, or the date of preliminary placement on the list, whichever is later.

    e. If, upon completion of the hearing on the petition for exclusion, the department determines that the person named therein does not satisfy the criteria and standards for exclusion established pursuant to this section, the department shall issue an order so stating. If the person named in the petition for exclusion had been placed on the list as a result of an application for preliminary placement, the department shall notify all applicants, permittees and licensees of the person's removal from the list.

    f. If, upon completion of a hearing on the petition for exclusion, the department determines that placement of the name of the person on the disqualification list is appropriate, the department shall issue an order to that effect, which shall be served on all applicants, permittees and licensees. The order shall be subject only to judicial review by the Superior Court as provided in the Rules of Court.

    6. (New section) In all matters considered pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) or P.L.1996, c. (C. )(pending in the Legislature as this bill) and heard as contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the decision of the administrative law judge shall be reviewed by the Commissioner of Environmental Protection upon issuance of the initial decision of the administrative law judge. Any review of the decision by the commissioner shall be limited to determining whether the findings therein could reasonably have been reached on sufficient credible evidence present in the record considering the proofs as a whole, with due regard of the opportunity of the administrative law judge to hear the witnesses and to judge their credibility.

    The decision of the administrative law judge shall not be disturbed if there is competent evidence in the record to support it, and if the findings could reasonably have been reached on sufficient evidence present in the record.

    7. (New section) a. In all matters considered pursuant to the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), P.L.1991, c.269 (C.13:1E-128.1 et al.) or P.L.1996, c. (C. )(pending in the Legislature as this bill), the application of this statutory scheme act shall not be selectively applied or enforced.

    b. The provisions of this amendatory and supplementary act shall be applicable to any matters pending before any agency or judicial tribunal as of the effective date of this amendatory and supplementary act. Nothing herein contained shall be construed to prevent any interested party from seeking relief under this amendatory and supplementary act from any prior decision.

    8. (New section) The Attorney General and the Department of Environmental Protection shall, within 120 days of the effective date of this amendatory and supplementary act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement the provisions of this amendatory and supplementary act.

    9. Section 1 of P.L.1983, c.392 (C.13:1E-126) is amended to read as follows:

    1. The Legislature hereby finds and declares to be the public policy of this State:

    [That the] The collection, transportation, treatment, storage, [and] transfer or disposal of solid waste or hazardous waste are critical components of the economic structure of this State and, when properly controlled and regulated, make substantial contributions to the general welfare, health and prosperity of the State and its inhabitants by minimizing the serious health and environmental threats inherent in the management of these wastes;

    [That the] The regulatory provisions of [this act] P.L.1983, c.392 (C.13:1E-126 et seq.) and P.L.1991, c.269 (C.13:1E-128.1 et al.) are designed to extend strict State regulation to those [persons] individuals and entities involved in the operations of [these] licensed activities [so as] to foster and justify the public confidence and trust in the credibility and integrity of the conduct of these activities;

    [That the] The solid and hazardous waste industries in New Jersey can attain, maintain, and retain integrity, public confidence, and trust, and promote the general public interest, only under a system of control and regulation that precludes the participation therein of persons with known criminal records, habits, or associations, and excludes or removes from any position of authority or responsibility any person known to be so deficient in reliability, expertise, or competence with specific reference to the solid or hazardous waste industries that his participation would create or enhance the dangers of unsound, unfair, or illegal practices, methods, and activities in the conduct of the business of these industries;

    [That, notwithstanding the fact that the major percentage of operators involved in these industries are respectable and responsible and that there exists in New Jersey a substantial waste industry capable of meeting the licensing standards, the solid and hazardous waste industries remain vulnerable to corrupting influences; and]

    [Therefore, that it is] It is therefore vital to the interests of the State to prevent entry, direct or indirect, into the operations of the solid or hazardous waste industries of persons who have pursued economic gains in an occupational manner or context violative of the criminal code [or civil public policies] of the State, and it is to the end of excluding such persons that the regulatory and investigatory powers and duties provided in this supplementary act shall be exercised to the fullest extent consistent with law.

(cf: P.L.1983, c.392, s.1)

    10. Section 2 of P.L.1983, c.392 (C.13:1E-127) is amended to read as follows:

    2. As used in the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) [and], P.L.1991, c.269 (C.13:1E-128.1 et al.) and P.L.1996, c.    (C. )(pending in 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; and

    (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.

    The provisions of paragraphs (1) through (9) of this subsection to the contrary notwithstanding, if an applicant or a permittee is a secondary business activity corporation, "disclosure statement" means a statement submitted to the department and the Attorney General by an applicant or a permittee, which statement shall include:

    (a) The full name, primary business activity, office or position held, business address, home address, date of birth and federal employer identification number of the applicant or the permittee, as the case may be, and of all officers, directors, partners, or key employees of the business concern; and of all persons holding more than 5% of the equity in or 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. The Attorney General or the department may request the social security number of any individual identified pursuant to this paragraph;

    (b) The full name, business address and federal employer identification number of any business concern in any state, territory or district of the United States, which collects, transports, treats, stores, recycles, brokers, transfers or disposes of solid waste or hazardous waste on a commercial basis, in which the applicant or the permittee holds an equity interest of 25% or more, and the type, amount and dates of the equity held in such business concern;

    (c) A listing of every license, registration, permit, certificate of public convenience and necessity, uniform tariff approval or equivalent operating authorization held by the applicant or permittee within the last five years under any name for the collection, transportation, treatment, storage, recycling, processing, transfer or disposal of solid waste or hazardous waste on a commercial basis in any state, territory or district of the United States, and the name of every agency issuing such operating authorization;

    (d) If the applicant or the permittee is a subsidiary of a parent corporation, or is the parent corporation of one or more subsidiaries, or is part of a group of companies in common ownership, as the case may be, a chart, or, if impractical or burdensome, a list showing the names, federal employer identification numbers and relationships of all parent, sister, subsidiary and affiliate corporations, or members of the group;

    (e) 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 to the applicant or permittee 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 or regulation relating to the collection, transportation, treatment, storage, recycling, processing, transfer or disposal of solid waste or hazardous waste by the applicant or permittee;

    (f) A listing and explanation of any judgment, decree, settlement or order, whether by consent or not, issued against the applicant or permittee in the 10 years immediately preceding the filing of the application, and of any pending civil complaints against the applicant or permittee pertaining to a violation or alleged violation of federal or state antitrust laws, trade regulations or securities regulations;

    (g) A listing and explanation of any conviction issued against the applicant or permittee for a felony resulting in a plea of nolo contendere, or any conviction in the 10 years immediately preceding the filing of the application, and of any pending indictment, accusation, complaint or information for any felony issued to the applicant or the permittee pursuant to any state or federal statute; and

    (h) A completed personal history disclosure form shall be submitted to the department and the Attorney General by every person required to be listed in this disclosure statement, except for those individuals who are exempt from the personal history disclosure requirements pursuant to paragraph (5) of subsection a. of section 3 of P.L.1983, c.392 (C.13:1E-128).

    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, which regulate the management of the applicant, permittee or licensee, 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 including, but not limited to, drivers, helpers, mechanics, foremen, dispatchers, salesmen or bookkeepers.

    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. "Secondary business activity corporation" means any business concern which has derived less than 5% of its annual gross revenues in each of the three years immediately preceding the one in which the application for a license is being made from the collection, transportation, treatment, storage, recycling, processing, transfer or disposal of solid waste or hazardous waste, whether directly or through other business concerns partially or wholly owned or controlled by the applicant or the permittee, as the case may be, and which (1) has one or more classes of security registered pursuant to section 12 of the "Securities Exchange Act of 1934," as amended (15 U.S.C.§781), or (2) is an issuer subject to subsection (d) of section 15 of the "Securities Exchange Act of 1934," as amended (15 U.S.C.§780).

(cf: P.L.1995, c.72, s.1)

    11. Section 3 of P.L.1983, c.392 (C.13:1E-128) is amended to read as follows:

    3. In addition to any other procedure, condition or information required pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1981, c.279 (C.13:1E-49 et seq.) or any other law:

    a. (1) Every applicant and permittee shall file a disclosure statement with the department and the Attorney General;

    (2) Any person required to be listed in the disclosure statement shall be fingerprinted for identification and investigation purposes in accordance with procedures therefor established by the Attorney General;

    (3) The Attorney General shall, [upon] within 60 days of the receipt of the disclosure statement from an applicant for an initial license or from a permittee, prepare and transmit to the department an investigative report on the applicant or the permittee, as the case may be, based in part upon the disclosure statement. In preparing this report, the Attorney General may request and receive criminal history record information concerning any person required to be listed in the disclosure statement from the New Jersey State Police, the State Commission of Investigation or the Federal Bureau of Investigation.

    If criminal history record information is to be used to seek disqualification of any applicant, permittee or licensee, the department shall provide the applicant, permittee or licensee, as the case may be, with an opportunity to complete or challenge the accuracy of any information contained in the criminal history record. The applicant, permittee or licensee shall be afforded a reasonable period of time to complete or correct the criminal history record. No person required to be listed in the disclosure statement shall be presumed guilty of any pending charge or arrest for which there is no final disposition indicated on the criminal history record;

    (4) In conducting a review of the application, the department shall include a review of the disclosure statement [and], the investigative report and, in the case of a permittee, the permittee's operating history;

    (5) An applicant or permittee may file a limited disclosure statement pursuant to the provisions of paragraphs (a) through (h) of subsection e. of section 2 of P.L.1983, c.392 (C.13:1E-127); and a person required to be listed in the disclosure statement is exempt from the fingerprint and personal history disclosure requirements; if:

    (a) The applicant or permittee is a secondary business activity corporation; and

    (b) The person required to be listed in the disclosure statement is (i) a director or chief executive officer; or (ii) an individual who does not have any responsibility for, or control of, the commercial solid waste or hazardous waste operations of the applicant, permittee or licensee conducted in New Jersey, and who will not exercise any such responsibility or control upon the issuance of a license by the department.

    b. All applicants, permittees and licensees, including all officers, directors, partners, or key employees of the business concern, including all persons holding more than 5% of the equity in or debt liability of the business concern, shall have the continuing duty to provide any assistance or information requested by the department or the Attorney General, and to cooperate in any inquiry or investigation conducted by the Attorney General or the State Commission of Investigation and any inquiry, investigation, or hearing conducted by the department into the qualifications of the applicant, permittee or licensee.

    All requests for information by the Attorney General shall conform to the standards set forth in subsections b., c. and d. of section 4 of P.L.1983, c.392 (C.13:1E-129) and subsections b., c. and d. of section 5 of P.L.1983, c.392 (C.13:1E-130). Except as otherwise determined by the Superior Court pursuant to subsection d. of this section, if, upon issuance of a formal request to answer any inquiry or produce information, evidence or testimony, any applicant, permittee or licensee refuses to comply after having been ordered to do so by the Attorney General pursuant to section 7 of P.L.1983, c.392 (C.13:1E-132), the application of the business concern for a license may be denied, or the license of that business concern may be revoked by the department.

    c. If [any of the information] the identity of any person required to be [included] listed in the disclosure statement changes, or if any information provided concerning the applicability of an exemption under subsection d. of this section changes, or if any additional information concerning any person required to be listed in the disclosure statement should be added to the disclosure statement after it has been filed, the applicant, permittee or licensee shall provide that information to the department and the Attorney General, in writing, within 30 days of the change or addition. The disclosure statement filed by every applicant, permittee or licensee shall be updated annually.

    d. The provisions of paragraph (5) of subsection a. of this section to the contrary notwithstanding, the Attorney General may at any time require any person required to be listed in the disclosure statement to file a completed personal history disclosure form and a full disclosure statement with the department and the Attorney General pursuant to paragraphs (1) through (9) of subsection e. of section 2 of P.L.1983, c.392 (C.13:1E-127), or to be fingerprinted for identification and investigation purposes pursuant to paragraph (2) of subsection a. of this section, if the Attorney General determines that there exists a reasonable suspicion that the additional information is likely to lead to information relevant to a determination regarding the approval of a license pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), the revocation of a license pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134), or the severance of a disqualifying person pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135).

    If the Attorney General requires any or all of this information, a written request for the additional information shall be served upon the applicant, permittee or licensee. Within 60 days of receipt of a written request for additional information, the applicant, permittee or licensee may seek review of the Attorney General's determination in the Superior Court. If the applicant, permittee or licensee fails to provide the additional information to the Attorney General within 60 days of receipt of the written request, the Attorney General may file with the Superior Court a petition for an order requiring the applicant, permittee or licensee to provide the additional information. In a proceeding brought by either party, the applicant, permittee or licensee shall demonstrate that the additional information requested is not likely to lead to information relevant to a determination regarding the approval of a license pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), the revocation of a license pursuant to section 9 of P.L.1983, c.392 (C.13:1E-134), or the severance of a disqualifying person pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135). For good cause shown, the court may review in camera the submission of the Attorney General or the applicant, permittee or licensee, or any part thereof.

(cf: P.L.1995, c.72, s.2)

    12. Section 3 of P.L.1991, c.269 (C.13:1E-128.1) is amended to read as follows:

    3. a. With respect to the preparation and transmittal to the department of the investigative reports required pursuant to section 3 of P.L.1983, c.392 (C.13:1E-128), the [Attorney General] department shall establish a priority schedule for their timely completion. The priority schedule shall accord priority consideration to:

    (1) Those permittees who own or operate a solid waste facility pursuant to a temporary license or registration approved, issued or renewed by the department[or whose temporary license or registration is limited by the time constraints imposed pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135) or section 11 of P.L.1970, c.39 (C.13:1E-11)]; and

    (2) Any applicant proposing to own or operate a resource recovery facility or other solid waste facility approved by the department for the long-term solid waste disposal requirements of a district or districts pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.).

    b. With respect to the review of the investigative reports of applicants or permittees transmitted by the Attorney General pursuant to section 3 of P.L.1983, c.392 (C.13:1E-128), the [department] Attorney General shall comply with the priority schedule established by the [Attorney General] department pursuant to subsection a. of this section.

    c. Nothing in this section shall be construed to establish any priority which would preclude or restrict the timing or discretion of the Attorney General or the department regarding a decision to institute and prosecute a revocation proceeding against a permittee or licensee.

(cf: P.L.1991, c.269, s.3)

    13. Section 4 of P.L.1983, c.392 (C.13:1E-129) is amended to read as follows:

    4. a. Whenever the Attorney General determines that there exists a [reasonable suspicion] probable cause that any person may have pertinent information relevant to an investigation of an applicant, permittee or licensee, or be in possession, custody, or control of any documentary materials relevant to an investigation of an applicant, permittee or licensee conducted pursuant to this act, he may issue in writing, and cause to be served upon that person an investigative interrogatory requiring that person to answer questions under oath and produce material for examination.

    b. Each interrogatory shall:

    (1) Identify the licensee, permittee or applicant who is the subject of the investigation;

    (2) Advise the person that he has the right to discuss the interrogatory with legal counsel prior to returning it to the Attorney General or prior to making material available, as provided in subsection f. of this section, and that he has the right to file in Superior Court a petition to modify or set aside the interrogatory, as provided in subsection j. of this section;

    (3) Describe the class or classes of documentary material to be produced thereunder with sufficient particularity as to permit the material to be reasonably identified;

    (4) Prescribe a return date, which date shall provide a reasonable period of time within which answers may be made and material so demanded may be assembled and made available for inspection and copying or reproduction, as provided in subsection f. of this section.

    c. No interrogatory shall:

    (1) Contain any requirement which would be held to be unreasonable or unenforceable if contained in a [subpena] subpoena duces tecum issued in aid of a grand jury investigation; or

    (2) Require the production of any documentary evidence which would be otherwise privileged from disclosure if demanded by a [subpena] subpoena duces tecum issued in aid of a grand jury investigation.

    d. Service of any interrogatory filed under this section may be made upon any person by:

    (1) Delivering a duly executed copy thereof to the person or any partner, executive officer, managing agent, employee or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of the person; or

    (2) Delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or

    (3) Depositing a copy in the United States mail, by registered or certified mail duly addressed to the person at his principal office or place of business.

    e. A verified return by the individual serving any interrogatory, setting forth the manner of service, shall be prima facie proof of service. In the case of service by registered or certified mail, the return shall be accompanied by the return post office receipt of delivery of the interrogatory.

    f. Any person upon whom any interrogatory issued under this section has been duly served which requires the production of materials shall make the material available for inspection and copying or reproduction to the Attorney General at the principal place of business of that person in the State of New Jersey or at any other place as the Attorney General and the person thereafter may agree and prescribe in writing, on the return date specified in the interrogatory or on a later date as the Attorney General may prescribe in writing. Upon written agreement between the person and the Attorney General, copies may be substituted for all or any part of the original materials. The Attorney General may cause the preparation of any copies of documentary material as may be required for official use by the Attorney General.

    No material produced pursuant to this section shall be available for examination, without the consent of the person who produced the material, by an individual other than the Attorney General or any person retained by the Attorney General in connection with the enforcement of this act. Under reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in his possession shall be available for examination by the person who produced the material or any of his duly authorized representatives.

    [In any investigation conducted pursuant to this act, the Attorney General may present before the department, court or grand jury any documentary material in his possession pursuant to this section, subject to any protective order deemed proper by the Superior Court.]

    g. Upon completion of:

    (1) The review and investigation for which any documentary material was produced under this section, and

    (2) Any case or proceeding arising from the investigation, the Attorney General shall return to the person who produced the material all the material, other than copies thereof made by the Attorney General pursuant to this section, which has not passed into the control of the department or any court or grand jury through the introduction thereof into the record of the case or proceeding.

    h. When any documentary material has been produced by any person under this section for use in an investigation, and no case or proceeding arising therefrom has been instituted within two years after completion of the examination and analysis of all evidence assembled in the course of the investigation, the person shall be entitled, upon written demand made upon the Attorney General, to the return of all documentary material, other than copies thereof made pursuant to this section so produced by him.

    i. Whenever any person fails to comply with any investigative interrogatory duly served upon him under this section, or whenever satisfactory copying or reproduction of any material cannot be done and he refuses to surrender the material, the Attorney General may file in the Superior Court a petition for an order of the court for the enforcement of this section.

    j. At any time before the return date specified in the interrogatory, the person served with the interrogatory may file in the Superior Court a petition for an order modifying or setting aside the interrogatory. The time allowed for compliance with the interrogatory shall not run during the pendency of this petition. The petition shall specify each ground upon which the petition relies in seeking relief, and may be based upon any failure of the interrogatory to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner. In this proceeding, the Attorney General shall establish the existence of an investigation pursuant to this act and the nature and subject matter of the investigation.

(cf: P.L.1991, c.269, s.4)

    14. Section 5 of P.L.1983, c.392 (C.13:1E-130) is amended to read as follows:

    5. a. Whenever the Attorney General determines that there exists a [reasonable suspicion] probable cause that any person may have information or knowledge relevant to an investigation conducted pursuant to this act, he may issue in writing and cause to be served upon that person a [subpena] subpoena to appear and be examined under oath before the Attorney General.

    b. The [subpena] subpoena shall:

    (1) Identify the licensee, permittee or applicant who is the subject of the investigation;

    (2) Advise that person that he may have an attorney present when he appears and testifies or otherwise responds to the [subpena] subpoena, that he has a right, at any time before the return date of the [subpena] subpoena, to file in Superior Court a petition to modify or set aside the [subpena] subpoena, as provided in subsection f. of this section;

    (3) Prescribe a date and time at which that person must appear to testify, under oath, provided that this date shall not be less than seven days from the date of service of the [subpena] subpoena.

    c. Except as otherwise provided in this section, no information derived pursuant to the [subpena] subpoena shall be disclosed by the Attorney General or the department without the consent of the person testifying.

    [In any investigation conducted pursuant to this act, the Attorney General may present before the department, court or grand jury any information disclosed pursuant to the subpena, subject to any protective order deemed proper by the Superior Court.]

    d. Service of a [subpena] subpoena pursuant to this section shall be by any of those methods specified in the New Jersey Court Rules for service of summons and complaint in a civil action.

    e. Whenever any person fails to comply with any [subpena] subpoena duly served upon him under this section, or whenever satisfactory copying or reproduction of any material cannot be done and he refuses to surrender the material, the Attorney General may file in the Superior Court a petition for an order of the court for the enforcement of the [subpena] subpoena.

    f. At any time before the return date specified in the [subpena] subpoena, the person who has been served with the [subpena] subpoena may file in the Superior Court a petition for an order modifying or setting aside the [subpena] subpoena. The time allowed for compliance with the [subpena] subpoena shall not run during the pendency of this petition. The petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the [subpena] subpoena to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner. In this proceeding, the Attorney General shall establish the existence of an investigation pursuant to this act and the

nature and subject matter of the investigation.

(cf: P.L.1991, c.269, s.5)

    15. Section 6 of P.L.1983, c.392 (C.13:1E-131) is amended to read as follows:

    6. a. No person, public officer or employee shall disclose to any other person, other than a Grand Jury, any information obtained pursuant to this act, except that information obtained for the purpose of making a licensing decision or determination, or in an administrative proceeding involving the issuance, suspension or revocation of a license, may be disclosed to the department.

    b. Any person, public officer or employee who shall disclose to any person[, other than the Attorney General or a person retained by the Attorney General as herein provided, the name of any person who receives an investigative interrogatory or a subpena or] any information obtained pursuant [thereto, except in proceedings involving an alleged violation of] to this act [and], except as [so directed by the Attorney General] otherwise provided in subsection a. of this section, shall be guilty of a crime of the [fourth] third degree.

    The court shall require restitution pursuant to the standards set forth in the provisions of N.J.S.2C:44-2, notwithstanding the provisions of any law granting immunity from civil liability to a person convicted for having made an illegal disclosure of information obtained pursuant to this act. Any order of restitution pursuant to this section shall not operate as a bar to the seeking of civil recovery by the victim.

    Any order of restitution pursuant to this section is to be in addition to any civil remedy which a victim may have available.

    c. Should the Attorney General determine to disclose information obtained pursuant to this act, the applicant, permittee or licensee, as the case may be, and the person from whom the information was obtained, shall be so notified at least 60 days prior to disclosure. The disclosure of such information shall be subject to any protective order deemed proper by the Superior Court.

(cf: P.L.1983, c.392, s.6)

    16. Section 7 of P.L.1983, c.392 (C.13:1E-132) is amended to read as follows:

    7. a. If any person in attendance pursuant to the demand of the Attorney General, a [subpena] subpoena or an interrogatory issued pursuant to this act refuses to answer personally a question or produce evidence of any kind, or make the required answers on the ground that he may be incriminated thereby, and if the Attorney General, in a writing directed to that person, orders that he answer the question or produce the evidence, the person shall comply with the order. After complying therewith and if, but for this section, he would have been privileged to withhold the answer given or the evidence produced, that answer, testimony or evidence or any evidence directly or indirectly derived therefrom, may not be used against him in any prosecution for a crime or offense concerning which he gave answer or produced evidence; provided that the answer, testimony or evidence is responsive to the question propounded. That person may, however, be prosecuted or subject to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing evidence or failing to produce evidence or failing to do so in accordance with the order.

    b. If any person fails to obey the command of the [subpena] subpoena after being ordered to do so by a court of competent jurisdiction, he shall be guilty of a crime of the fourth degree. In the alternative, if a person shall fail to obey the command of a [subpena] subpoena after being ordered to do so by a court of competent jurisdiction, the Attorney General may apply to that court to adjudge the person in contempt and to commit him to jail until such time as he purges himself of contempt by responsively answering, testifying or producing evidence as ordered.

(cf: P.L.1983, c.392, s.7)

    17. Section 8 of P.L.1983, c.392 (C.13:1E-133) is amended to read as follows:

    8. The provisions of any law to the contrary notwithstanding, no license shall be approved by the department:

    a. Unless the department finds that the applicant, or the permittee, as the case may be, in any prior performance record in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, has objectively exhibited [sufficient] the integrity, reliability, expertise, and competency to engage in the collection or transportation of solid waste or hazardous waste, or to operate the solid waste facility or hazardous waste facility, given the potential economic consequences for affected counties, municipalities and ratepayers or significant adverse impacts upon human health and the environment which could result from the irresponsible participation therein or operation thereof, or if no prior record exists, that the applicant or the permittee is likely to exhibit that integrity, reliability, expertise and competence.

    b. If any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, the permittee or the licensee, has been convicted of any of the following crimes, except for paragraph (17) below, of a third degree or higher under the laws of New Jersey or the equivalent thereof under the laws of any other jurisdiction:

    (1) Murder;

    (2) Kidnapping;

    (3) Gambling;

    (4) Robbery;

    (5) Bribery;

    (6) Extortion;

    (7) Criminal usury;

    (8) Arson;

    (9) Burglary;

    (10) Theft and related crimes;

    (11) Forgery and fraudulent practices;

    (12) Fraud in the offering, sale or purchase of securities;

    (13) Alteration of motor vehicle identification numbers;

    (14) Unlawful manufacture, purchase, use or transfer of firearms;

    (15) Unlawful possession or use of destructive devices or explosives;

    (16) Violation of N.J.S.2C:35-5, except possession of 84 grams or less of marijuana, or of N.J.S.2C:35-10;

    (17) Racketeering, P.L.1981, c.167 (C.2C:41-1 et seq.);

    (18) Violation of criminal provisions of the "New Jersey Antitrust Act," P.L.1970, c.73 (C.56:9-1 et seq.);

    (19) Any purposeful or reckless violation of the criminal provisions of any federal or state environmental protection laws, rules, or regulations, including, but not limited to, solid waste or hazardous waste management laws, rules, or regulations, which seriously impaired or degraded the environment;

    (20) Violation of N.J.S.2C:17-2; or

    (21) Any offense specified in chapter 28 of Title 2C[; or

    (22) Violation of the "Solid Waste Utility Control Act of 1970," P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1981, c.221 (C.48:13A-6.1)].

    The conviction of any person for any of the crimes enumerated in this subsection, except for murder, kidnapping, bribery or extortion, which would otherwise require disqualification, shall not apply to any conviction which did not occur within the 10 years immediately preceding the filing of the application or disclosure statement, whichever is later, and any sentence, including a probationary term, imposed as a result of such conviction, which has been completed at the time of application for licensure.

    c. If the [Attorney General] department determines [that there is a reasonable suspicion to believe], by a preponderance of the evidence, that a person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, the permittee or the licensee, does not possess [a reputation for] good character, honesty and integrity, and that person or the applicant, the permittee or the licensee fails[, by clear and convincing evidence, to establish] to demonstrate his [reputation for] good character, honesty and integrity.

    d. [With respect to the approval of an initial license, if there are current prosecutions or pending charges in any jurisdiction against any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant or the permittee, for any of the crimes enumerated in subsection b. of this section, provided, however, that at the request of the applicant, permittee, or the person charged, the department shall defer decision upon such application during the pendency of such charge.](Deleted by amendment, P.L.1996, c. )(pending in the Legislature as this bill)

    e. If any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or the licensee, has pursued economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of this State, or is a career offender or member of a career offender cartel, where such pursuit creates a reasonable belief that the participation of that person in any activity required to be licensed under this act would be inimical to the policies of this act. For the purposes of this section, "occupational manner or context" means the systematic planning, administration, management, or execution of an activity for financial gain; "career offender" means any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of this State; and "career offender cartel means any group of persons who operate together as career offenders.

    f. [If the Attorney General determines that any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or the licensee, has been identified by the State Commission of Investigation or the Federal Bureau of Investigation as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel, where such identification, membership or association creates a reasonable belief that the participation of that person in any activity required to be licensed under this act would be inimical to the policies of this act. For the purposes of this section, "career offender" means any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of this State; and a "career offender cartel" means any group of persons who operate together as career offenders.](Deleted by amendment, P.L.1996, c. )(pending in the Legislature as this bill)

    A license may be approved by the department for any applicant or permittee if the information contained within the disclosure statement and investigative report, including any [determination] report made by the Attorney General concerning the character, honesty and integrity of any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant or permittee, would not require disqualification pursuant to subsection a., b., c.[,]or e. [or f.]of this section.

    The department may waive any of the foregoing disqualification criteria consistent with the public policy set forth in the provisions of P.L.1996, c. (C. )(pending in the Legislature as this bill).

    A license approved by the department for any applicant or permittee pursuant to this section is non-transferable and shall be valid only for the length of time for which it is given.

    Any applicant or permittee who is denied [an initial] a license pursuant to this section shall, upon a written request transmitted to the department within 30 days of that denial, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). In all contested cases the applicant or permittee shall be afforded full discovery, including without limitation the right to take depositions and to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, documents and papers of any person, without seeking prior judicial approval.

    Any summary disposition application shall not be determined until discovery is completed.

    Each party to a hearing shall have the right to call and examine witnesses; to introduce exhibits relevant to the issues of the case, including the transcript of any investigative hearing conducted by, or on behalf of, the department; to cross examine witnesses in any matters relevant to the issues of the case; to impeach any witness, regardless of which party called that person to testify; and to offer rebuttal evidence.

    No permittee shall be denied the right to engage in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in this State until there has been an adverse decision rendered against that permittee following a hearing and exhaustion of all judicial relief.

(cf: P.L.1991, c.269, s.6)

    18. Section 7 of P.L.1991, c.269 (C.13:1E-133.1) is amended to read as follows:

    7. a. Notwithstanding the conviction within the 10 years immediately preceding the filing of the application of any person required to be listed in a disclosure statement, or otherwise shown to have a beneficial interest in the business of an applicant, permittee or licensee for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), the department may issue or renew a license to an applicant, permittee or licensee if the department determines in a writing setting forth findings of fact that the convicted person has affirmatively demonstrated rehabilitation by clear and convincing evidence pursuant to the provisions of this section. If the department determines that the nature and seriousness of the crime creates a reasonable doubt that an applicant, permittee, or licensee will engage in the activity for which a license is sought in a lawful and responsible manner, the department shall make a determination in a writing setting forth findings of fact that the convicted person cannot affirmatively demonstrate rehabilitation.

    b. In determining whether a convicted individual has affirmatively demonstrated rehabilitation, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing and based upon a consideration of at least the following factors:

    (1) The nature and responsibilities of the position which a convicted individual would hold;

    (2) The nature and seriousness of the crime;

    (3) The circumstances under which the crime was committed;

    (4) The date of the crime;

    (5) The age of the convicted individual when the crime was committed;

    (6) Whether the crime was an isolated or repeated act;

    (7) Any evidence of good conduct in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, or the recommendation of persons who have supervised the convicted individual since the conviction, except that the failure to receive counseling or psychiatric treatment shall not be deemed a reason to deny that a convicted individual has been rehabilitated; [and]

    (8) The full criminal record of the convicted individual, any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing;

    (9) The regulatory compliance record of the permittee or licensee since the date of conviction;

    (10) The period of time since the crime was committed; and

    (11) Relevancy of the crime to the license, permit or application.

    Notwithstanding any other provision of this subsection, a convicted individual shall have affirmatively demonstrated rehabilitation pursuant to the provisions of this section if the convicted individual produces evidence of a pardon issued by the Governor of this or any other state, or evidence of the expungement of every conviction for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133).

    c. In determining whether a convicted business concern has affirmatively demonstrated rehabilitation, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing and based upon a consideration of at least the following factors:

    (1) The nature and seriousness of the crime;

    (2) The circumstances under which the crime was committed;

    (3) The date of the crime;

    (4) Whether the crime was an isolated or repeated act; [and]

    (5) The full criminal record of the convicted business concern, any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing;

    (6) The regulatory compliance record of the permittee or licensee since the date of conviction;

    (7) The period of time since the crime was committed; and

    (8) Relevancy of the crime to the license, permit or application.

    d. The Attorney General may [require] recommend, as a predicate to a determination that a convicted business concern has affirmatively demonstrated rehabilitation, that the convicted business concern agree, in writing, to an investigation of the crime or crimes committed by the convicted business concern which caused disqualification pursuant to subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), the persons involved in the crime, and any corporate policies, procedures, and organizational structure that may have led to the crime. At the conclusion of this investigation a report shall be prepared identifying the underlying conduct giving rise to any criminal convictions and any steps that have subsequently been taken by the convicted business concern to prevent a recurrence of the criminal activity, and recommending any steps that may be deemed necessary to prevent a recurrence of the criminal activity. The investigation shall be conducted by, or on behalf of, the Attorney General, and the cost thereof shall be borne by the convicted business concern.

    The Attorney General may [require] recommend, on the basis of this investigation [and as a condition of recommending that a convicted business concern has affirmatively demonstrated rehabilitation], that a convicted business concern comply, or agree in writing to comply, with any of the following:

    (1) reasonable changes in the convicted business concern's organizational structure to reduce the opportunity and motivation of individual employees to engage in criminal activity, including procedures for informing employees of the requirements of relevant state and federal law;

    (2) reasonable changes in the convicted business concern's long and short term planning to ensure that the convicted business concern implements procedures and policies to prevent future violations of the law;

    (3) reasonable changes in the convicted business concern's legal, accounting, or other internal or external control and monitoring procedures to discourage or prevent future violations of state or federal law;

    (4) reasonable changes in the convicted business concern's ownership, control, personnel, and personnel selection practices, including the removal of any person, for a period of time, shown to have a beneficial interest in the convicted business concern, and the imposition of a reward or disincentive system in order to encourage employees to comply with relevant state and federal law;

    (5) reasonable post-licensing monitoring of the convicted business concern's activities relating to any changes in policy, procedure, or structure required by the Attorney General pursuant to this subsection, the cost of such monitoring to be borne by the convicted business concern; and

    (6) any other reasonable requirements deemed necessary by the Attorney General.

    e. The department [shall not determine], as a condition of determining that a convicted business concern has affirmatively demonstrated rehabilitation [if], may require that the convicted business concern [has not complied, or agreed] agree in writing to comply[,]with [every requirement imposed by] any or all of the recommendations of the Attorney General made pursuant to subsection d. of this section.

(cf: P.L.1991, c.269, s.7)

    19. Section 9 of P.L.1983, c.392 (C.13:1E-134) is amended to read as follows:

    9. [Any] A license may be revoked or suspended by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

    a. The department may revoke or suspend the license of a business concern for any of the following causes:

    [a.](1) Any cause which would require disqualification, pursuant to subsection a., b., c.[,] or e. [or f.]of section 8 of P.L.1983, c.392 (C.13:1E-133), from receiving a license upon [original] initial application;

    [b.](2) Fraud, deceit or misrepresentation of a material fact in securing the license, or in the conduct of the licensed activity;

    [c.](3) Offering, conferring or agreeing to confer any benefit to induce any other person to violate the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), or of any other law relating to the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, or of any rule or regulation adopted pursuant thereto;

    [d.](4) Coercion of a customer by violence or economic reprisal or the threat thereof to utilize the services of any permittee or licensee; or

    [e.](5) Preventing, without authorization of the department, any permittee or licensee from disposing of solid waste or hazardous waste at a licensed, authorized or approved treatment, storage, transfer or disposal facility.

    b. A determination by the department to suspend or revoke the license of any business concern shall constitute a contested case under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and any such business concern shall have the opportunity to contest the determination in an administrative hearing.

    The provisions of the "Administrative Procedure Act" to the contrary notwithstanding, and consistent with the public policy set forth in the provisions of P.L.1996, c. (C. )(pending in the Legislature as this bill), at the administrative hearing, or any administrative hearing at which a license may be revoked or suspended, the administrative law judge shall have the duties, powers and responsibilities set forth in subsections c., d. and e. of this section.

    c. At the administrative hearing, or any administrative hearing at which a license may be revoked or suspended, the administrative law judge shall weigh and consider the following aggravating circumstances prior to suspending or revoking the license:

    (1) the nature and circumstances of the violation;

    (2) the seriousness and severity of the violation;

    (3) the date of the violation and the time period over which the violation occurred;

    (4) the age of the person committing the violation, if applicable;

    (5) the number of violations occurring within the time period described in paragraph (3) above;

    (6) whether the violation was a repeated act;

    (7) the person's record of prior similar civil regulatory violations;

    (8) the person's record of prior different civil regulatory violations;

    (9) the proximity in time of the violations to those violations described in paragraphs (7) and (8) above;

    (10) the person is involved in organized criminal activity;

    (11) the failure to revoke the license will cause any other form of penalty to be a mere cost of doing business;

    (12) the risk of future violations;

    (13) the need for deterring the person and others from violating the law;

    (14) any economic benefit derived by the person from the violation;

    (15) the operational history of the solid waste facility, if applicable;

    (16) conviction of any crime under the laws of New Jersey or the equivalent thereof under the laws of any other jurisdiction, as set forth in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133);

    (17) any unusual or extraordinary costs directly or indirectly imposed on the public by the violation other than costs recoverable pursuant to paragraph (3) or (4) of subsection d. of section 9 of P.L.1970, c.39 (C.13:1E-9);

    (18) the harm to public health or the substantial degradation of the environment resulting from the violation;

    (19) any other pertinent factors that the department determines measure the seriousness or frequency of the violation or conduct of the violator.

    The administrative law judge shall make findings of fact to support any and all aggravating circumstances.

    d. At the administrative hearing, or any administrative hearing at which a license may be revoked or suspended, the administrative law judge shall weigh and consider the following mitigating circumstances prior to suspending or revoking the license:

    (1) evidence of good conduct in the community;

    (2) whether the violation was an isolated act;

    (3) history of similar prior civil regulatory violations;

    (4) history of different prior civil regulatory violations;

    (5) measures taken to mitigate or prevent further violations;

    (6) whether the person's conduct was the result of circumstances unlikely to reoccur;

    (7) whether the violation was minor;

    (8) minor risk of similar violations in the future;

    (9) the opportunity of the violator to avoid the violation;

    (10) precautions taken to prevent future violations;

    (11) the degree of cooperation or recalcitrance of the violator in remedying the violation;

    (12) the existence of other viable, more appropriate alternatives to penalize the violator, including, but not limited to, those enumerated in subsection f. below;

    (13) the hardship which would result from suspension or revocation;

    (14) employee error or mistake;

    (15) reliance upon governmental agency representations, policies, or statements.

    The administrative law judge shall make findings of fact to support any and all mitigating circumstances.

    e. Only upon a finding, by a preponderance of the evidence, that the aggravating factors far outweigh the mitigating factors, and that there exists no other viable, more appropriate alternatives to penalize the violator, may the administrative law judge revoke or suspend the violator's license.

    Upon a finding that there exists other viable, more appropriate alternatives to penalize the violator , the administrative law judge shall set forth alternatives and findings on the record. At the administrative law judge's discretion, the administrative law judge may deny the revocation of the license or suspension of the business concern and, if appropriate and applicable, may instead order the following, or any other relief as may be provided by any other law, rule or regulation, including, but not limited to:

    (1) penalties against the violator;

    (2) community service;

    (3) payment of reasonable compensatory damages and other actual damages;

    (4) payment of reasonable costs of investigation, inspection and monitoring;

    (5) payment of reasonable fees and costs of preparing and litigating the case;

    (6) changes in organizational structure to reduce opportunity and motive to violate laws;

    (7) changes in long and short-term planning to insure prevention of future violations, and implementation of procedures and policies;

    (8) changes in legal, accounting, internal or external control and monitoring procedures;

    (9) changes in ownership, control, personnel and personnel election process and imposition of reward or disincentive system;

    (10) monitoring of the business concern;

    (11) forfeiture or suspension of usage of conveyances used for willful discharge in violation of section 9 of P.L.1970, c.39 (C.13:1E-9);

    (12) appointment of a receiver to handle the daily operations of the business concern until further order of the administrative law judge; or

    (13) any other reasonable conditions.

    Any final determination of revocation or suspension of the license of a business concern may not be utilized in any other proceeding against a different business concern or licensee.

    The administrative law judge may suspend the license of a business concern and order any of the relief set forth in paragraphs (1) through (13) of this subsection. The provisions of subsections b., c., d. and e. of this section shall apply to any monitor or receiver, including any of their employees, agents, servants or independent contractors.

    Prior to appointing a monitor or receiver, the administrative law judge shall determine that the monitor or receiver is independent, qualified, impartial and has no conflict of interest with respect to the violating business concern. The attorney representing the business concern shall have the right to be heard with respect to the appointment of any monitor or receiver.

(cf: P.L.1991, c.269, s.9)

    20. Section 10 of P.L.1983, c.392 (C.13:1E-135) is amended to read as follows:

    10. [a. (1)]Notwithstanding the disqualification of the applicant or permittee pursuant to subsection a., b., c.[,]or e. [or f.]of section 8 of P.L.1983, c.392 (C.13:1E-133), the department may issue or renew a license if the applicant or permittee severs the interest of or affiliation with the person who would otherwise cause that disqualification. Severance of any such interest may be by purchase on reasonable commercial terms.

    [(2) The department may issue or renew a temporary license to any applicant or permittee for periods not to exceed six months if the department determines that the issuance or renewal of a temporary license is necessitated by the public interest.]

    b. [After July 1, 1992 , the provisions of any other law to the contrary notwithstanding, no temporary license shall be approved, issued or renewed by the department for any applicant or permittee, as the case may be, to own or operate a resource recovery facility or other solid waste facility approved by the department for the long-term solid waste disposal requirements of a district or districts pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) prior to the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133); except that the department may issue a temporary license to an applicant or renew the temporary license of a permittee if the Commissioner of the Department of Environmental Protection determines, in writing, that the issuance of a temporary license for that applicant or renewal of the temporary license for that permittee is necessitated by the public interest.](Deleted by amendment, P.L.1996, c. )(pending in the Legislature as this bill)

(cf: P.L.1991, c.269, s.10)

    21. Section 11 of P.L.1970, c.39 (C.13:1E-11) is amended to read as follows:

    11. [a.] During the first registration year of each applicant or permittee as defined in section 2 of P.L.1983, c.392 (C.13:1E-127) for approval of a registration statement to engage in the collection of solid waste, or a registration statement or engineering design approval for a solid waste facility, or the year following any violation of the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) resulting in a revocation or suspension of registration, the department is authorized to give temporary approval of registrations conditioned upon the applicant or permittee, as the case may be, effecting specified additions, changes or improvements in methods of operation and equipment within such time and manner as may be required by the department. The fee for such temporary approval shall be the appropriate fee established pursuant to section 3 of P.L.1971, c.461 (C.13:1E-18), notwithstanding the length of time for which it is given.

    b. [After July 1, 1992, the provisions of any other law to the contrary notwithstanding, no temporary approval of registrations shall be given, issued or renewed by the department for any applicant or permittee, as the case may be, to own or operate a resource recovery facility or other solid waste facility approved by the department for the long-term solid waste disposal requirements of a district or districts pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) prior to the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133); except that the department may renew the temporary approval of registrations of an applicant or permittee if the commissioner determines, in writing, that the renewal of a temporary approval for that applicant or permittee is necessitated by the public interest.](Deleted by amendment, P.L.1996, c. )(pending in the Legislature as this bill)

(cf: P.L.1991, c.269, s.14)

    22. Section 12 of P.L.1970, c.39 (C.13:1E-12) is amended to read as follows:

    12. The department, after a hearing held pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may revoke or suspend the registration issued to any person engaged in [the] solid waste collection or solid waste disposal [upon a finding that such person:

    a. Has violated any provision of this act or any rule, regulation, or administrative order promulgated hereunder; or

    b. Has violated any provision of any laws related to pollution of the waters, air or land surfaces of the State; or

    c. Has refused or failed to comply with any lawful order of the department] pursuant to section 5 of P.L.1970, c.39 (C.13:1E-5).

    a. The department may revoke or suspend the registration issued to any person engaged in solid waste collection or solid waste disposal for any of the causes enumerated in subsection a. of section 9 of P.L.1983, c.392 (C.13:1E-134).

    b. A determination to suspend or revoke an approved registration issued to any person engaged in solid waste collection or solid waste disposal shall constitute a contested case under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and any such person shall have the opportunity to contest the determination in an administrative hearing.

    The provisions of the "Administrative Procedure Act" to the contrary notwithstanding, and consistent with the public policy set forth in the provisions of P.L.1996, c. (C. )(pending in the Legislature as this bill), at the administrative hearing, or any administrative hearing at which an approved registration may be revoked or suspended, the administrative law judge shall have the duties, powers and responsibilities set forth in subsections c., d. and e. of section 9 of P.L.1983, c.392 (C.13:1E-134).

(cf: P.L.1970, c.39, s.12)

    23. Section 17 of P.L.1991, c.269 (C.13:1E-133.3) is amended to read as follows:

    17. The Department of Environmental Protection shall not issue any permits required pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.), P.L.1975, c.232 (C.13:1D-29 et seq.), P.L.1977, c.74 (C.58:10A-1 et seq.), P.L.1981, c.262 (C.58:1A-1 et seq.), or any other law, or any rules and regulations adopted thereto, to any person proposing to own or operate a resource recovery facility prior to the completion by the Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983, c.392 (C.13:1E-128 and 13:1E-133), and unless the person proposing to own or operate the resource recovery facility has received a license approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133)[; except that the department may issue such permits if the department has approved, issued or renewed a temporary license for such person pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135)].

(cf: P.L.1991, c.269, s.17)

    24. Section 8 of P.L.1991, c.269 (C.13:1E-133.2) is repealed.

    25. This act shall take effect immediately.

STATEMENT

    This bill would provide the expressed standards to be used by the Department of Environmental Protection (Department) in administering the "A-901" licensing program. Assembly Bill No. 901 of 1982 was enacted into law as P.L.1983, c.392 (C.13:1E-126 et seq.) on December 14, 1983. This solid and hazardous waste industry disclosure and licensing law, which has been commonly referred to as the "A901" program ever since, was designed to ensure the effective exclusion of criminal elements and environmental "bad actors" from the State's solid and hazardous waste industries.

    It is the sponsor's view that the absence of expressed standards in the application of the "A-901" program has invited inconsistencies, encouraged controversy, and has perhaps lead to arbitrary and capricious actions by the Department in administering the program.

    P.L.1983, c.392, as revised by P.L.1991, c.269 (C.13:1E-128.1 et al.), provides criteria for licensure of private business concerns and individuals performing, or seeking to perform, most solid waste or hazardous waste collection, disposal and transportation activities in New Jersey. The "A-901" licensing program, under the joint administration of the Department and the Attorney General, requires each such business concern or individual to submit to the Attorney General and the Department a disclosure statement from which the State Police performs a background investigation. The Division of Law in the Department of Law and Public Safety evaluates the information revealed by each investigation and prepares a report in which it concludes whether or not the Department is precluded, strictly as a matter of law, by the criteria of "A901" from granting a license.

    These criteria are designed to preclude individuals or business concerns with criminal backgrounds or a history of violations of environmental laws in this State or other state or federal jurisdictions from lawful participation in waste management activities in New Jersey. Absent a per se legal bar, the final decision as to licensure is made by the Department.

    This bill would require the Attorney General and the Department, within 90 days of the bill's effective date, to jointly publish in the New Jersey Register a copy of all forms necessary to be filed with an applicant's or permittee's request for an "A-901" license, including a form prescribing the contents and specific requirements of the disclosure statement to be filed with the Department and the Attorney General, and a form for providing any additional or updated information that may be added to the disclosure statement after it has been filed by the applicant, permittee or licensee.

    The Department must approve or deny an application from an applicant for an initial license within 120 days of the filing of a completed application and disclosure statement, unless the time period is extended with the consent of the applicant.

    If the Department fails to render a decision on a completed application and disclosure statement submitted by an applicant within this 120-day time frame, the Department must issue a temporary approval of registration to the applicant for an initial license to engage in hazardous waste or solid waste collection or disposal activities pending the completion by the Attorney General and the Department of the background check and investigative report. However, the Department would not be required to issue a temporary permit for any proposed disposal activity unless the applicant has been given a valid engineering design approval by the Department for the proposed solid waste or hazardous waste treatment, storage, transfer or disposal operation.

    If the Department denies an application from an applicant for an initial license for a proposed disposal activity after a temporary approval of registration has been given by the Department and the solid waste facility has commenced operations, the applicant would be entitled to continue operations at the solid waste facility pending a decision following an administrative hearing to be conducted as a contested case under the "Administrative Procedure Act," and the exhaustion of all judicial relief.

    The bill would also provide that within 10 days of transmittal to the Department, the applicant, permittee or licensee must be furnished with a copy of the investigative report prepared by the Attorney General and copies of any other reports on the applicant, permittee or licensee prepared by the Department, the State Police or other federal, State or local agency.

    If the Attorney General fails or refuses to provide copies of any such reports to the applicant, permittee or licensee, as the case may be, the reports may not be utilized in any manner whatsoever by the Attorney General or the Department in any decision or determination on the application for initial licensing, renewal or revocation.

    Within 30 days of receipt of an investigative report or other report pertinent to an application for initial licensing, renewal or revocation, the applicant, permittee or licensee may notify the governmental agency that prepared the report of any information contained therein, which is considered by the applicant, permittee or licensee to be inaccurate or incomplete.

    Access to and use of the investigative report prepared by the Attorney General, or any other report on the applicant, permittee or licensee prepared by the Department, the State Police or other federal, State or local agency, would be restricted to the purpose for which the report was prepared and cannot be disseminated to any other person or federal, State or local agency without the written consent of the applicant, permittee or licensee.

    The bill would revise the priority schedule for the completion of investigative reports established under P.L.1991, c.269. The Department, rather than the Attorney General, would establish the new priority categories, which would be comprised of: (1) persons operating solid waste facilities pursuant to temporary permits; and (2) applicants proposing to operate solid waste incinerators or other long-term disposal facilities.

    The bill would also revise the disqualification criteria for licensure. Under the provisions of P.L.1983, c.392, as revised by P.L.1991, c.269, the Department is precluded from granting a license to any business concern unless the Department finds that the applicant or the permittee, in any prior performance record in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste, has objectively exhibited the integrity, reliability, expertise, and competency to engage in these activities in New Jersey. Further, the Department is precluded from granting a license to any business concern: (1) if any person required to be listed in the disclosure statement has been convicted of any of 22 enumerated crimes under New Jersey or comparable state or federal laws; (2) if the Attorney General determines that a person required to be listed in the disclosure statement does not possess good character, honesty and integrity, and that person or the applicant, the permittee or the licensee fails to demonstrate good character, honesty and integrity; (3) if there are current prosecutions or pending charges in any jurisdiction against any person required to be listed in the disclosure statement for any of the aforementioned enumerated crimes; or (4) if any person required to be listed in the disclosure statement has been identified by the State Commission of Investigation or the Federal Bureau of Investigation as a career criminal or a member of a criminal cartel or an associate of a career criminal or criminal cartel.

    The bill would provide that the conviction of any person for any of the crimes enumerated in the act, except for murder, kidnapping, bribery or extortion, which would otherwise require disqualification, would not apply to any conviction which did not occur within the 10 years immediately preceding the filing of the application or disclosure statement, whichever is later, and any sentence, including a probationary term, imposed as a result of that conviction, which has been completed at the time of application for licensure.

    In addition, the bill would delete the mere existence of current prosecutions or pending charges against any person listed in the disclosure statement as automatic disqualification criteria. Accordingly, the elaborate "pre-conviction" rehabilitation procedures established under P.L.1991, c.269 would be repealed.

    The Department is authorized to waive any of the foregoing disqualification criteria consistent with the public policy principles set forth in the provisions of the bill.

    Any applicant or permittee who is denied a license would, upon a written request transmitted to the Department within 30 days of that denial, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the "Administrative Procedure Act." In all contested cases the applicant or permittee must be afforded full discovery, including without limitation the right to take depositions and to issue subpoenas, to compel the attendance of witnesses and the production of books, records, documents and papers of any person, without seeking prior judicial approval.

    Any summary disposition application shall not be determined until discovery is completed.

    Each party to a hearing would have the right to call and examine witnesses; to introduce exhibits relevant to the issues of the case, including the transcript of any investigative hearing conducted by, or on behalf of, the Department; to cross examine witnesses in any matters relevant to the issues of the case; to impeach any witness, regardless of which party called that person to testify; and to offer rebuttal evidence.

    Accordingly, no permittee would be denied the right to engage in the collection, transportation, treatment, storage, transfer or disposal of solid waste or hazardous waste in New Jersey until there has been an adverse decision rendered against that permittee following a hearing and exhaustion of all judicial relief.

    The bill would require the Department, by rule or regulation adopted pursuant to the "Administrative Procedure Act," to establish and maintain a disqualification list of all persons debarred or disqualified from doing business with persons licensed under the "A901" program. The list must be published in the New Jersey Register and would include the criteria and standards for exclusion. The Department must furnish all licensees with copies of the list as updated. No applicant or permittee may transact any new business with any person whose name is contained on the disqualification list.

    Whenever the Department intends to place the name of any person on the disqualification list, it must prepare a petition setting forth its allegations and serve the petition on that person by personal service or by certified mail at the last known address of that person.

    Within 30 days after service of the petition, the person named for exclusion may demand a hearing before the Department. At any such hearing the Department would have the affirmative obligation to demonstrate, by a preponderance of the evidence, that the person named for exclusion satisfies the criteria and standards for exclusion established by the Department. Failure to demand such a hearing within 30 days after service would be deemed an admission of all matters and facts alleged in the Department's petition and would preclude a person from having an administrative hearing, but would in no way affect that person's right to judicial review.

    The Department may seek preliminary placement on the list of a person named in a petition for exclusion pending completion of a hearing on the petition. The hearing would be a limited proceeding at which the Department would have the affirmative obligation to demonstrate that there is a reasonable probability that the person so named satisfies the criteria and standards for exclusion established by the Department. If a person has been placed on the list as a result of an application for preliminary placement, unless otherwise agreed by the Department and the named person, a hearing on the petition for exclusion would be initiated within 30 days of the receipt of a demand for the hearing, or the date of preliminary placement on the list, whichever is later.

    If, upon completion of the hearing on the petition for exclusion, the Department determines that the person named therein does not satisfy the criteria and standards for exclusion, the Department must issue an order so stating. If the person named in the petition for exclusion had been placed on the list as a result of an application for preliminary placement, the Department must notify all applicants, permittees and licensees of the person's removal from the list.

    If, upon completion of a hearing on the petition for exclusion, the Department determines that placement of the name of the person on the disqualification list is appropriate, the Department would issue an order to that effect, which would be served on all applicants, permittees and licensees. The order would be subject only to judicial review by the Superior Court as provided in the Rules of Court.

    If criminal history record information is to be used to seek disqualification of any applicant, permittee or licensee, the Department must provide the applicant, permittee or licensee with an opportunity to complete or challenge the accuracy of any information contained in the criminal history record. The applicant, permittee or licensee must be afforded a reasonable period of time to complete or correct the criminal history record. No person required to be listed in the disclosure statement would be presumed guilty of any pending charge or arrest for which there is no final disposition indicated on the criminal history record.

    The bill would also provide that in all matters considered pursuant to the provisions of P.L.1983, c.392, P.L.1991, c.269 or this bill, and heard as contested cases pursuant to the "Administrative Procedure Act," the decision of the administrative law judge must be reviewed by the Commissioner of Environmental Protection upon issuance of the judge's initial decision. Any review of the decision by the Commissioner would be limited to determining whether the findings therein could reasonably have been reached on sufficient credible evidence present in the record considering the proofs as a whole, with due regard of the opportunity of the administrative law judge to hear the witnesses and to judge their credibility.

    The decision of the administrative law judge could not be disturbed if there is competent evidence in the record to support it, and if the findings could reasonably have been reached on sufficient evidence present in the record.

    The bill would also provide that the application of the statutory scheme set forth in the "A-901" licensing law (i.e. the provisions of P.L.1983, c.392, as amended and supplemented by P.L.1991, c.269 and this bill) must not be selectively applied or enforced.

    The bill would also establish standards for the revocation or suspension of "A-901" licenses by the Department. A determination by the Department to suspend or revoke the license of any business concern would constitute a contested case under the "Administrative Procedure Act," and any such business concern must have the opportunity to contest the determination in an administrative hearing.

    At the administrative hearing, or any administrative hearing at which a license may be revoked or suspended, the administrative law judge must weigh and consider certain aggravating and mitigating circumstances, which are set forth in the bill, prior to suspending or revoking the license.

    The administrative law judge must make findings of fact to support any and all aggravating circumstances or mitigating circumstances. Only upon a finding, by a preponderance of the evidence, that the aggravating factors far outweigh the mitigating factors, and that there exists no other viable, more appropriate alternatives to penalize the violator, may the administrative law judge revoke or suspend the license of a business concern.

    Upon a finding that there exists other viable, more appropriate alternatives to penalize the violator , the administrative law judge must set forth alternatives and findings on the record. At the administrative law judge's discretion, the administrative law judge may deny the revocation or suspension of the business concern's license and, if appropriate and applicable, may instead order other relief, including, but not limited to: (1) penalties against the violator; (2) community service; (3) payment of reasonable compensatory damages and other actual damages; (4) payment of reasonable costs of investigation, inspection and monitoring; (5) payment of reasonable fees and costs of preparing and litigating the case; (6) changes in organizational structure to reduce opportunity and motive to violate laws; (7) changes in long and short-term planning to insure prevention of future violations, and implementation of procedures and policies; (8) changes in legal, accounting, internal or external control and monitoring procedures; (9) changes in ownership, control, personnel and personnel election process and imposition of reward or disincentive system; (10) monitoring of the business concern; (11) forfeiture or suspension of usage of conveyances used for willful discharge in violation of section 9 of P.L.1970, c.39 (C.13:1E-9); (12) appointment of a receiver to handle daily operations of the business concern until further order of the administrative law judge; or (13) any other reasonable conditions.

    Any final determination of revocation or suspension of the license of a business concern may not be utilized in any other proceeding against a different business concern or licensee.

    The administrative law judge may suspend the license of a business concern and order any of the relief set forth in the aforementioned 13 items.

    Prior to appointing a monitor or receiver, the administrative law judge must determine that the monitor or receiver is independent, qualified, impartial and has no conflict of interest with respect to the violating business concern. The attorney representing the business concern would have the right to be heard with respect to the appointment of any monitor or receiver.

    The other provisions of the bill would: (1) eliminate the Department's discretionary authority to issue or renew a temporary license to any applicant or permittee for periods of up to six months if the Department determines that such action is necessitated by the public interest; and (2) clarify that the Department could issue or renew a license to an otherwise disqualified applicant or permittee if that business concern severs its interest with the person who caused that disqualification, and that severance of any such interest may be by purchase on reasonable commercial terms.

The "Solid and Hazardous Waste Operator Registration Reform Act of 1996."