SENATE, No. 1944
STATE OF NEW JERSEY
INTRODUCED MARCH 20, 1997
By Senators LESNIAK, McGREEVEY, Girgenti and Baer
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. As part of the preparation of the report, the department shall conduct at least two public hearings to accept written and oral testimony. One of the public hearings must be held in the municipality in which a major hazardous waste facility is proposed to be sited. The hearings shall be transcribed and the transcription as well as any written testimony shall be attached to the report.
c. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the State, or any State department, division, agency, commission or authority, or county, municipality or agency thereof shall not issue any permit or other approval that would allow for the construction or operation 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.
The bill would also require the department as part of the preparation of the report to conduct two public hearings prior to its submission to the Governor and the Legislature. One of the hearings would have to be held in the municipality in which a major hazardous waste facility is proposed to be sited.
This bill would prohibit the State, or any State department, division, agency, commission or authority, or county, municipality or agency thereof from issuing any permit that would allow for the construction or operation 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.