Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1E-48.28. Local regulation superseded The provisions of this act and any rule or regulation promulgated thereunder shall supersede any local ordinance, rule or regulation concerning the proper and safe tracking, identification, packaging, storage, control, monitoring, handling…

13:1E-48.3 Definitions. 3. As used in P.L.1989, c.34 (C.13:1E-48.1 et al.): "Board" means the Board of Public Utilities. "Collection" means the activity related to pick-up and transportation of regulated medical waste from a generator, or from an intermediate location, to a facil…

13:1E-48.4. Regulated medical waste management system a. The Department of Environmental Protection, in consultation with the Department of Health, shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), a regulated medical waste mana…

13:1E-48.5. Interim regulation a. Prior to the adoption of any rules or regulations pursuant to section 4 of this act, or the implementation of the comprehensive State regulated medical waste management plan prepared by the departments pursuant to section 13 of this act, or the i…

13:1E-48.6. Requirements; certification a. The regulated medical waste management system adopted by the departments pursuant to subsection a. of section 4 of this act shall require all regulated medical waste to be: (1) securely stored, packaged for safe handling, and distinctive…

13:1E-48.7. Generator registration, fees Every generator shall register with the Department of Environmental Protection on a form prescribed by the department, and pay an annual fee therefor in an amount set by the department pursuant to a rule or regulation adopted in accordance…

13:1E-48.8. Transporter requirements a. No person may transport regulated medical waste unless the person has: (1) satisfied all requirements prescribed by the Department of Environmental Protection, and filed a registration statement and obtained approval thereof from the depart…

13:1E-48.9. Transporter application, fees Every transporter shall submit an application for a certificate of public convenience and necessity to the Board of Public Utilities on a form prescribed by the board, and pay an initial and annual renewal fee in an amount set by the boar…

13:1E-49. Short title Sections 1 through 43 inclusive of this act shall be known and may be cited as the "Major Hazardous Waste Facilities Siting Act." L.1981, c. 279, s. 1, eff. Sept. 10, 1981.

13:1E-5 Registration statement, engineering design; approval. 5. a. No person shall engage in the collection or disposal of solid waste in this State without first filing an application for a registration statement or engineering design approval and obtaining approval thereof fro…

13:1E-5.1. Application; notice to municipality; rejection or grant of tentative approval; transmittal with fact sheet; public hearing; recommendations of administrative law judge; approval or denial by department In addition to all other standards, conditions and procedures requi…

13:1E-5.2. Facility on site in more than one municipality; notices; affected municipalities as single party In the event that any application review by the department pursuant to this 1983 act is for a registration statement and engineering design approval for a proposed solid wa…

13:1E-5.3. Sanitary landfill facility on property of state college; prohibition of approval; termination of contractual right or regulatory approval; reimbursement a. Notwithstanding the provisions of any law, rule or regulation to the contrary, the Commissioner of the Department…

13:1E-50. Legislative findings and declarations The Legislature finds and declares that the proper treatment, storage or disposal of hazardous waste generated in this State is today the exception, rather than the rule; that the improper treatment, storage or disposal of hazardous…

13:1E-51 Definitions. 3. As used in this act: a. "Applicant" means the applicant for a registration statement and engineering design for a major hazardous waste facility; b. "Application" means the application for a registration statement and engineering design for a major hazard…

13:1E-52. Hazardous waste facilities siting commission a. There is established in the Executive Branch of the State Government a public body corporate and politic, with corporate succession, to be known as the Hazardous Waste Facilities Siting Commission. For the purpose of compl…

13:1E-53. Powers The commission shall have the following powers: a. To adopt bylaws for the regulation of its affairs and the conduct of its business; b. To adopt and have a seal and to alter the same at its pleasure; c. To sue and be sued; d. To enter into contracts upon such te…

13:1E-55.1 Annual program analysis required. 3. a. The Director of the Office of Management and Budget shall annually conduct an analysis of the program established in the Department of Environmental Protection for the cleanup of hazardous discharges in the State. This program an…

13:1E-57 Criteria for siting of new major hazardous waste facilities; preparation and adoption. 9. a. The department shall, within 1 year of the effective date of this act, prepare, adopt and transmit to the commission criteria for the siting of new major hazardous waste faciliti…

13:1E-58 Major hazardous waste facilities plan; preparation and adoption; contents; public information program. 10. a. The commission shall prepare and adopt, within 1 year of the effective date of this act, a Major Hazardous Waste Facilities Plan. This plan shall be revised and …

13:1E-59 Site designations; proposal and adoption. 11. a. The commission shall propose and adopt site designations for the number and type of new major hazardous waste facilities determined to be necessary in the plan. The provisions of the "Administrative Procedure Act," P.L.196…

13:1E-5a Registration renewal of solid waste collection and disposal vehicles. 33. Notwithstanding sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and C.13:1E-5) and any regulations promulgated thereunder, the registration renewal of solid waste collection and disposal vehicles ope…

13:1E-6. Powers and duties of department a. The department shall, in addition to such other powers as it may possess by law: (1) Undertake a program of research and development for the purpose of determining the most efficient, sanitary and economical way of collecting, disposing…

13:1E-60 Construction of major hazardous waste facility; registration statement and engineering design; review; approval; findings; fees; exemptions. 12. a. No person shall commence construction of any major hazardous waste facility on or after the effective date of this act unle…

13:1E-61. Criteria for new major hazardous waste facilities; failure to meet requirements; approval; findings a. The provisions of any other law to the contrary notwithstanding, all new major hazardous waste facilities shall be: (1) Totally or partially constructed above existing…

13:1E-62. Joint and severally strict liability of owners and operators a. Every owner or operator of a major hazardous waste facility shall be jointly and severally strictly liable, without regard to fault, for: (1) All direct and indirect damages, no matter by whom sustained, pr…

13:1E-63. Construction and operation; inapplicability of local government approval or zoning ordinance; compliance with state law; inspections The owner or operator of any major hazardous waste facility which has received departmental approval of the registration statement and en…

13:1E-64. Weekly inspections by local health board or department; violations; injunction or other relief; disposition of penalties a. The local board of health or county health department, as the case may be, shall conduct weekly inspections of major hazardous waste facilities in…

13:1E-65. Right of entry of local inspector The department and the local board of health, or the county health department, as the case may be, shall have the right to enter any major hazardous waste facility at any time in order to determine compliance with the registration state…

13:1E-66. Failure to comply with laws or rules and regulations; enforcement and closure actions Subsequent to the effective date of this act, any major hazardous waste facility which fails to comply with the provisions of any Federal or State law, or of any rule and regulation ad…

13:1E-67. Award for information on violations a. Any person who supplies any information which proximately results in the arrest and conviction of any other person for the illegal treatment, storage or disposal of hazardous waste shall be awarded one-half of any penalty collected…

13:1E-68. Evidence of financial responsibility; mechanism to defray closing costs and post-closure monitoring expenses The department shall require that the owner or operator of every major hazardous waste facility provide evidence of financial responsibility for the duration of …

13:1E-69. Conservatorship a. Notwithstanding any other provision of this act or any other law to the contrary: (1) Upon the revocation by the department of a registration; or (2) Upon, in the discretion of the commission, the suspension by the department of a registration for a p…

13:1E-7. Advisory Council on Solid Waste Management 7. a. There is hereby created in the department an Advisory Council on Solid Waste Management which shall consist of 14 members, four of whom shall be the President of the Board of Public Utilities, the Commissioner of Community…

13:1E-70. Conservator; powers and duties a. Upon his appointment, the conservator shall become vested with the title of all the property of the former or suspended registrant relating to the major hazardous waste facility, subject to any and all valid liens, claims, and encumbran…

13:1E-71. Compensation for services, costs and expenses in conservatorship action In any proceeding pursuant to section 21 of this act, the commission shall allow a reasonable compensation for the services, costs and expenses in the conservatorship action of the conservator, the …

13:1E-72. Assumption of outstanding debts of former registrant by purchaser As an incident of its prior approval pursuant to subsection c. of section 22 of this act, of the sale, assignment, conveyance or other disposition in bulk of all property of the former registrant relating…

13:1E-73. Payment of net earnings during conservatorship; approval No payment of net earnings during the period of the conservatorship may be made by the conservator without the prior approval of the commission, which may, in its discretion, direct that all or any part of same be…

13:1E-74. Disposition in bulk of all property; net proceeds to former or suspended registrant Following any sale, assignment, conveyance or other disposition in bulk of all the property subject to the conservatorship, the net proceeds therefrom, if any, after payment of all oblig…

13:1E-75. Conservator; subjection to laws, rules and regulations and conditions and restrictions in statement or design A conservator appointed pursuant to section 21 of this act shall at all times be subject to the provisions of any relevant law or any rule or regulation promulg…

13:1E-76. Discontinuation of conservatorship action; disposition of securities issued by former or suspended registrant; inapplicability to powers of conservator a. The commission shall direct the discontinuation of any conservatorship action instituted pursuant to section 21 of …

13:1E-77. Reports of conservator; availability and distribution; publication A conservator appointed and constituted pursuant to section 21 of this act shall file with the commission such reports with regard to the administration of the conservatorship in such form and at such in…

13:1E-78. Creditor or party in interest aggrieved by alleged breach of fiduciary obligation; review Any creditor or party in interest aggrieved by any alleged breach of a fiduciary obligation of a conservator in the discharge of his duties shall be entitled, upon request, to a re…

13:1E-79. Qualifications of conservator; investigation and report The Attorney General shall investigate and report to the commission with regard to the qualifications of each person who is proposed as a candidate to serve as a conservator pursuant to this act. L.1981, c. 279, s.…

13:1E-8. Council powers 8. The Advisory Council on Solid Waste Management is empowered to: a. Request from the commissioner such information concerning the Statewide solid waste management plan or district solid waste management plans as it may deem necessary; b. Consider any mat…

13:1E-80. Taxation of hazardous waste facilities; collection of excess amounts; lower payments directed by commission 32. a. All major hazardous waste facilities shall, for the purposes of local property taxation, be assessed and taxed in the same manner as other real property. I…