SENATE, No. 1743
STATE OF NEW JERSEY
INTRODUCED DECEMBER 19, 1996
By Senators CONNORS, BUBBA and McNamara
An Act concerning the regulation of junkyards and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Commissioner” means the Commissioner of Environmental Protection.
“Department” means the Department of Environmental Protection.
“Delegated local agency” means a political subdivision of the State, or an agency or instrumentality thereof, with a facility inspection program approved by the State.
“Facility” means any scrap metal processing and recycling facility which is classified under the Standard Industrial Classification Number 5053, or facility engaged in the dismantling of motor vehicles for the purpose of selling parts classified under Standard Industrial Classification Number 5015, as designated in the Standard Industrial Classifications Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States; any place of business which is maintained, operated or used for storing, keeping, buying or selling junk or scrap, including the temporary storage of motor vehicle bodies and parts awaiting recycling or disposal; and all motor vehicle wrecking yards, salvage yards, scrap yards, motor vehicle recycling yards, and used motor vehicle parts yards to the extent such facilities are engaged in activities regulated by this act but are not classified under Standard Industrial Classification Numbers 5053 or 5015.
"Hazardous substance” shall have the same meaning as in section 3 of P.L.1976, c.141 (C.58:10-23.11b).
“Hazardous waste” shall have the same meaning as in section 1 of P.L.1976, c.99 (C.13:1E-38).
“Junk” or “scrap” means copper, brass, iron, steel, all other ferrous and nonferrous metals, rope, rags, batteries, glass, paper, plastic, rubber, or other materials derived from the dismantling of motor vehicles and scrap metal processing and recycling activities.
2. a. Within 270 days of the effective date of this act, an owner or operator of a facility or a person who plans to own or operate a facility shall apply for a permit pursuant to this act.
b. No person shall operate a facility without first filing an application for a permit and the Department of Environmental Protection shall approve, approve with conditions, or deny an application for a permit within 365 days of the effective date of this act. A permit issued by the department pursuant to this act shall require the owner or operator of the facility to:
(1) comply with all applicable environmental laws concerning the treatment, handling and disposal of hazardous substances or hazardous waste;
(2) establish a closure plan for the facility to prevent, minimize, or monitor pollution or health hazards resulting from the facility; and
(3) comply with procedures established by the department for activities that pose a threat of a discharge of a hazardous substance or a hazardous waste into the environment.
c. The application for a permit shall be made on forms and in a manner as provided by the department and shall contain such information as may be prescribed by the department. The application shall include the following information:
(1) the name and address of the facility;
(2) a site plan of the facility and its perimeter indicating the size of the facility, the location of all junk or scrap thereon, all permanent structures, and the location of any on-site or off-site areas that may be environmentally impacted by the facility activities;
(3) the nature and location of any activities regulated by the department pursuant to current law; and
(4) Any other relevant information requested by the department.
d. The department shall establish and charge reasonable fees which shall be based upon the costs of processing, monitoring and administering permits issued pursuant to this act and enforcing compliance with this act. The application form shall be submitted with a registration fee. The fees shall be deposited to the credit of the State and be deemed a part of the General Fund. The Legislature shall annually appropriate an amount equivalent to the amount anticipated to be collected as fees charged pursuant to this section.
e. Facility operations must at all times be in compliance with any applicable federal, state, or local laws, rules and regulations, and ordinances.
f. The closure of a facility must be in accordance with rules and regulations adopted by the department pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
g. No permit shall be approved by the department when in the opinion of the department the facility’s operations do not meet
standards or criteria set forth in this act or in any rules and regulations adopted pursuant thereto.
3. Within 180 days of the effective date of this act, the commissioner shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to:
(1) prescribe the forms for the application for a permit for facilities and the procedures for the filing of such forms;
(2) establish procedures for the proper operation and closure of a facility and to remediate any contamination resulting from operation of the facility;
(3) establish specific procedures for all activities at such facilities that could pose a threat of a discharge of a hazardous substance or hazardous waste to the environment;
(4) provide for the delegation of facility inspection authority to delegated local agencies with an inspection program approved by the department;
(5) establish a fee schedule based upon reasonable annual estimated costs to the department of processing, monitoring, and administering permits pursuant to this act and enforcing compliance with this act;
(6) establish penalties pursuant to section 6 of this act; and
(7) adopt such other requirements as may be necessary to carry out its responsibilities pursuant to this act.
In developing rules and regulations, the department may provide for the issuance of individual or a general facility-wide permits providing comprehensive regulation of the various environmental concerns at such facilities.
4. a. The commissioner or a delegated local agency shall have the right to enter to inspect any facility for the purpose of inspection, sampling, copying or photographing or otherwise determining a facility’s compliance with this act.
b. The department or a delegated local agency shall conduct an inspection of each facility at least once a year. Delegated local agencies may charge inspection fees based on the reasonable costs of facility inspections.
5. a. The department may, after conducting a hearing, deny, suspend, revoke, or refuse to renew a permit, if the owner or operator of the facility:
(1) violates any law concerning the treatment, handling or disposal of hazardous substances or wastes, abetts another to commit a violation, or violates any provision of this act or any other act conferring authority upon the department to regulate activities at such facilities, or any rule or regulation adopted pursuant thereto, or order issued pursuant to this act or any other act;
(2) makes a false statement on an application for a permit or other information provided to the department pursuant to this act;
b. The suspension, revocation, or refusal to renew a permit shall not bar the department from pursuing against the applicant or permittee any other lawful remedy available to the department.
c. If the department has reason to believe that a condition exists at the facility that poses an imminent threat to the public health, safety or welfare, it may order the applicant or permittee to cease operations immediately pending the outcome of the hearing.
6. a. Whenever the department finds that a person has violated any provision of this act, any rule or regulation adopted pursuant thereto, or any order issued pursuant thereto, the department may:
(1) Issue an order requiring the person found to be in violation to comply in accordance with subsection b. of this section;
(2) Bring a civil action in accordance with subsection c. of this section;
(3) Levy a civil administrative penalty in accordance with subsection d. of this section;
(4) Bring an action for a civil penalty in accordance with subsection e. of this section..
b. Whenever the department finds that a person has violated any provision of this act, or any rule or regulation adopted, or order issued pursuant thereto, the department may issue an order specifying the provision or provisions of this act, or the rule, regulation, or order issued, pursuant thereto, of which the person is in violation, citing the action which constituted the violation, ordering abatement of the violation, and giving notice to the person of the right to a hearing on the matters contained in the order. The ordered party shall have 20 calendar days from receipt of the order within which to deliver to the department a written request for a hearing. Such order shall be effective upon receipt and any person to whom such order is directed shall comply with the order immediately. A request for hearing shall not automatically stay the effect of the order.
c. The department may institute an action or proceeding in the Superior Court for injunctive and other relief for any violation of this act or of any rule, regulation, or order issued pursuant thereto, and the court may proceed in the action in a summary manner. Such relief may include, singly or in combination:
(1) Assessment of the reasonable costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection;
(2) Assessment of the reasonable cost incurred by the State in terminating any adverse effects of a violation on water quality or other elements of the environment;
(3) Assessment of compensatory damages for any loss or destruction of wildlife, fish or other aquatic life, or other natural resources, and for any other actual damages; and
(4) A temporary or permanent injunction.
Compensatory damages collected pursuant to paragraph (3) of this subsection shall be paid to the General Fund, except that compensatory damages shall be paid by specific order of the court to any persons who have been aggrieved by the violation.
d. The department may assess a civil administrative penalty of not more than $50,000 for each violation, and each day during which a violation continues shall constitute an additional, separate and distinct offense.
No civil administrative penalty shall be levied pursuant to this subsection until after the violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation, or order violated; a concise statement of the facts alleged to constitute a violation; a statement of the amount of the civil administrative penalties to be imposed; and a statement of the party's right to a hearing. The party shall have twenty days from the receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the department may issue a final order assessing a penalty up to the amount of the penalty specified in the order. If no hearing is requested, the notice shall become a final order on the twenty-first day after receipt of the notice. Payment of the assessment is due when a final order is issued, or the notice becomes a final order.
Agreement to, or payment of a civil administrative penalty shall not be deemed to affect the availability of any other enforcement provision in connection with the violation for which the penalty is levied.
e. Any person who violates the provisions of this act, or any rule or regulation adopted, pursuant thereto, shall be subject, upon order of a court, to a civil penalty of not more than $50,000 for each violation, and each day the violation continues shall constitute an additional, separate, and distinct offense. Any person violating an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay a civil administrative penalty when due and owing as provided in subsection d. of this section, shall be subject, upon order of a court, to a civil penalty of not more than to a civil penalty not to exceed $25,000 per day of the violation and each day the violation continues shall constitute an additional, separate, and distinct offense.
Any civil action to impose a penalty pursuant to this subsection may be commenced in the Superior Court and that penalty may be enforced and collected with costs in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.
f. The department may compromise and settle any claim for a penalty under this section in such amount as the department may determine to be appropriate and equitable under all of the circumstances.
g. Any person who fails to contest or to pay, in whole or in part, a penalty imposed pursuant to this section, or who fails to agree to a payment schedule therefor, within 30 days of the date that the penalty is due and owing, shall be subject to an interest charge on the amount of the penalty from the date that the amount was due and owing. The rate of interest shall be that established by the New Jersey Supreme Court for interest rates on judgments, as set forth in the Rules Governing the Courts of the State of New Jersey.
h. The penalty provisions of this section shall not preclude the department from assessing such penalties as mat be authorized pursuant to any other act.
i. All penalties monies, and any interest thereon, assessed and collected pursuant to this section shall be deposited into the “New Jersey Spill Compensation Fund,” established pursuant to section 10 P.L. 1976, c.141 (C.58:10-23.11i) for use for any of the authorized purposes of the fund.
j. Nothing in this act shall prevent the State from undertaking a criminal prosecution of a person for any criminal offense enumerated by the New Jersey Statutes.
7. This act shall take effect immediately.
STATEMENT
This bill would require as a condition to operate, that all junkyards and scrap yards obtain a permit from the Department of Environmental Protection. A permit issued by the department pursuant to this act would require the owner or operator of the facility to comply with all applicable environmental laws concerning the treatment, handling and disposal of hazardous substances or hazardous waste, establish a closure plan for the facility to prevent, minimize, or monitor pollution or health hazards resulting from the facility, and comply with procedures established by the department for activities that pose a threat of a discharge of a hazardous substance or a hazardous waste into the environment. The bill would provide for penalties for violations of the act up to $50,000 per day.
Provides for the regulation of junkyards.