SENATE, No. 1830

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1997

 

 

By Senator LESNIAK

 

 

An Act concerning hazardous waste disposal capacity, and supplementing P.L.1981, c.279 (C.13:1E-49 et seq.).

 

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

 

    1. a. Within 18 months of the effective date of this act the Department of Environmental Protection shall submit to the Governor and the Legislature a report setting forth an analysis of the State's existing hazardous waste generation and disposal capacity, and a calculated projection of the estimated need during the next ten years for additional hazardous waste disposal capacity, which projection shall reflect an estimate of any reductions in the generation of hazardous waste which may be achieved as a result of the pollution prevention planning required pursuant to P.L.1991, c.235 (C.13:1D-35 et seq.).

    b. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, no person shall commence construction of a major hazardous waste facility until the submission to the Governor and the Legislature of the report required pursuant to subsection a. of this section. If the report shows that the existing hazardous waste disposal capacity is sufficient to meet the estimated need for hazardous waste disposal capacity, then no new major hazardous waste facility shall be constructed.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require the Department of Environmental Protection to prepare and submit to the Governor and the Legislature a report setting forth an analysis of the State's existing hazardous waste generation and disposal capacity, and a projection of the estimated need during the next ten years for additional hazardous waste disposal capacity. This calculation shall include an estimate of any reductions in the generation of hazardous waste which may be achieved as a result of the pollution prevention planning required pursuant to the "Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.). The department would be required to complete this report within 18 months of the enactment of this bill into law. This bill would prohibit the commencment of construction of any new facility until after the completion of the report. Finally, the bill would provide that if the projection of the estimated need for hazardous waste disposal capacity shows that existing disposal capacity is sufficient, then no new major hazardous waste facility shall be constructed.

 

 

 

Requires analysis of State's existing hazardous waste generation and disposal capacity by DEP; prohibits new construction if existing capacity is sufficient.