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

13:1E-85. Rules and regulations The commission and the department shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), adopt such rules and regulations as may be necessary for the performance of their respective responsi…

13:1E-86 Report; need for State construction and operation of major hazardous waste facilities or exchange. 38. Within 5 years of the effective date of this act, the commission, in consultation with the department, shall prepare and transmit to the Governor and, pursuant to secti…

13:1E-87 Criteria for siting of new facility; resumption of activity by existing facility. 39. a. Prior to the adoption, pursuant to section 9 of P.L.1981, c.279 (C.13:1E-57), of the criteria for the siting of new major hazardous waste facilities, no registration statement or eng…

13:1E-88. Commission or department; prohibited acts; prohibition of regulation of rates, fees or charges by certain governmental agencies a. Nothing in this act shall authorize the commission or the department to construct or operate any major hazardous waste facility. b. Nothing…

13:1E-89. Precedence of act over laws, rules and regulations in conflict or inconsistent with act It is the intent of the Legislature that, except as otherwise specifically provided in this act, in the event of any conflict or inconsistency in the provisions of this act and any o…

13:1E-9. Codes, rules and regulations; enforcement; penalties 9. a. All codes, rules and regulations adopted by the department related to solid waste collection and disposal shall have the force and effect of law. These codes, rules and regulations shall be observed throughout th…

13:1E-9.1. Surcharges 2. The provisions of any law to the contrary notwithstanding, the owner or operator of any sanitary landfill facility may collect any fee imposed pursuant to section 9 of P.L.1970, c.39 (C.13:1E-9) as a surcharge on any tariff established pursuant to law for…

13:1E-9.2. Reward for information A member of the public who supplies information to an enforcing authority which proximately results in the imposition and collection of a civil penalty as the result of a civil action brought pursuant to subsection f. of section 9 of P.L. 1970, c…

13:1E-9.3. Disposal, transportation of solid waste; authorization. 2. a. No person shall, regardless of intent, engage, or be permitted to engage, in the disposal of solid waste in excess of 0.148 cubic yards of solids or 30 United States gallons of liquids, whether for profit or…

13:1E-9.4 Penalties. 3. a. Any person who violates the provisions of subsection a. or b. of section 2 of P.L.1989, c.118 (C.13:1E-9.3) commits a disorderly persons offense. b. Any person convicted of a violation of the provisions of subsection a. or b. of section 2 of P.L.1989, c…

13:1E-9.5. Issuance of emergency order a. If the commissioner determines that any activity occurring at a solid waste facility, recycling center, or any other site at which solid waste is placed, processed, stored, or disposed of presents an imminent threat to the environment or …

13:1E-9.6 Solid waste disposal offenses, degree of crime, penalties. 5. a. A person is guilty of a crime of the second degree if that person knowingly: (1) disposes of solid waste, or causes or permits the disposal of solid waste, or otherwise engages in the disposal of solid was…

13:1E-90. Severability If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or applicat…

13:1E-91. Liberal construction of act The object, design and purpose of this act being the protection of the environment and public health through the proper treatment, storage or disposal of hazardous waste generated in this State, and the maintenance of a proper balance, as pro…

13:1E-96 State Recycling Fund; allocation of moneys. 5. a. The State Recycling Fund (hereinafter referred to as the "fund") is established as a nonlapsing, revolving fund. The fund shall be administered by the Department of Environmental Protection, and shall be credited with all…

13:1E-96.1. Functions, etc. transferred to Department of Environmental Protection a. All of the functions, powers and duties heretofore exercised by the Department of Energy and the commissioner thereof pursuant to P.L.1981, c. 278 (C. 13:1E-92 et seq.) are continued and transfer…

13:1E-96.2 Short title. 1. This act shall be known and may be cited as the "Recycling Enhancement Act." L.2007, c.311, s.1.

13:1E-96.3 Findings, declarations relative to recycling goals and recycling of solid waste. 2. The Legislature finds and declares that the State Recycling Plan goals, which provide for the recycling of 50% of the municipal solid waste stream and 60% of the total solid waste strea…

13:1E-96.4 Definitions relative to recycling of solid waste. 3. For the purposes of this act: "Beverage container" means an individual, separate, hermetically sealed, or made airtight with a metal or plastic cap, bottle or can composed of glass, metal, plastic or any combination …

13:1E-96.5 Recycling tax on owner, operator of solid waste facility; applicability; rate. 4. a. (1) Beginning on April 1, 2008, there is levied upon the owner or operator of every solid waste facility a recycling tax of $3.00 per ton on all solid waste accepted for disposal or tr…

13:1E-96.6 Recycling tax suspended when beverage containers are refundable. 5. The recycling tax imposed pursuant to section 4 of P.L.2007, c.311 (C.13:1E-96.5) shall not be due and payable if, and as long as, any State of New Jersey or federal law, or any rule or regulation adop…

13:1E-96.7 Annual appropriations; conditions. 6. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following: (1) appropriate the amounts specified pursuant to paragraph (1) of subsection b. of section …

13:1E-96.8 "New Jersey Recycling Awards Program." 1. a. The Department of Environmental Protection, in coordination with the Association of New Jersey Recyclers or another recycling organization in this State as determined by the department, shall establish a program to be known …

13:1E-99.100 Labeling of electronic device required. 7. Beginning on January 1, 2010, a manufacturer or retailer may not sell or offer for sale a covered electronic device in this State unless the covered electronic device is labeled with the manufacturer's brand, and the label i…

13:1E-99.101 Compliance with Directive 2002/94/EC. 8. Beginning on January 1, 2011, no person shall sell or offer for sale in this State a new covered electronic device, including a television, if the covered electronic device is prohibited from being sold or offered for sale in …

13:1E-99.102 Duties of department, registration fee. 9. a. (1) (a) By January 30, 2016, and by each January 30 thereafter, the department shall determine the market share for each manufacturer of covered electronic devices. (b) By April 1, 2016, and by each April 1 thereafter, th…

13:1E-99.103 Requirements for certain manufacturers; plans. 10. a. Each manufacturer to whom the department provides a market share that is greater than .01 percent of the total shall submit a plan to the department to collect, transport, and recycle covered electronic devices. I…

13:1E-99.104 Information provided by retailer relative to recycling. 11. a. A retailer shall provide information provided by the department that describes where and how to recycle the covered electronic device and opportunities and locations for the collection or return of the de…

13:1E-99.105 Determination of market share; annual report. 12. a. (1) The department shall determine the market share for each program year for each manufacturer based upon publicly available data. (2) The department shall determine the estimated market share in weight obligation…

13:1E-99.105a Standard program for collection, transportation, recycling of covered electronic devices from consumers. 6. a. The department may establish a Statewide standard program for the collection, transportation, and recycling of covered electronic devices from consumers. T…

13:1E-99.105b Registration of authorized recycler; fee. 8. a. Except as provided in subsection d. of this section, by January 1, 2016 and each January 1 thereafter, each authorized recycler that accepts covered electronic devices from a consumer shall register with the department…

13:1E-99.105c Information required from operator of collection location. 9. a. By February 1, 2016, and semiannually thereafter, the operator of every collection location identified in each manufacturer's plan submitted pursuant to section 10 of P.L.2007, c.347 (C.13:1E-99.103), …

13:1E-99.105d Noncompliance; fee. 10. A manufacturer that fails to collect, transport, or recycle its required market share in weight obligation shall be assessed a fee equivalent to $0.50 per pound times its market share in weight obligation. A fee assessed pursuant to this sect…

13:1E-99.105e "Electronic Waste Management Fund." 11. a. There is created in the Department of Environmental Protection, a special non-lapsing fund to be known as the "Electronic Waste Management Fund." The monies in the fund are dedicated and shall be used only to carry out the …

13:1E-99.106 Maintenance of Internet website, toll-free number listing recycling sites. 13. a. The department shall maintain an Internet website and toll-free number complete with up-to-date listings of where consumers can bring covered electronic devices for recycling under the …

13:1E-99.108 Recycling of covered electronic devices; compliance with laws; performance requirements. 15. a. Covered electronic devices collected through any program in this State shall be recycled in a manner that is in compliance with all applicable federal, State, and local la…

13:1E-99.109 Used covered electronic device, disposal as solid waste prohibited. 16. a. On and after January 1, 2011, no person shall knowingly dispose of a used covered electronic device, or any of the components or subassemblies thereof, as solid waste. b. No solid waste facili…

13:1E-99.11. Findings, declarations The Legislature finds that removing certain materials from the municipal solid waste stream will decrease the flow of solid waste to sanitary landfill facilities, aid in the conservation and recovery of valuable resources, conserve energy in th…

13:1E-99.110 Enforcement; violations, penalties. 17. a. (Deleted by amendment, P.L.2012, c.79) b. (Deleted by amendment, P.L.2012, c.79) c. (Deleted by amendment, P.L.2012, c.79) d. The "Electronic Waste Management Act," P.L.2007, c.347 (C.13:1E-99.94 et seq.), and any rule or re…

13:1E-99.111 Rules, regulations; use of fees. 18. a. (1) The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to effectuate the purposes of P.L.2007, c.347 (C.13:1E-99.94 et seq.).…

13:1E-99.112 Establishment of organizations, compacts. 19. The department is authorized to participate in the establishment and implementation of a regional, multi-state organization or compact that is consistent with the requirements of P.L.2007, c.347 (C.13:1E-99.94 et seq.). L…

13:1E-99.113 Intent of act; implementation of national program. 20. The provisions of P.L.2007, c.347 (C.13:1E-99.94 et seq.) are intended to govern all aspects of the collection and recycling of covered electronic devices as those terms are defined in section 2 of P.L.2007, c.34…

13:1E-99.114 Report posted on website, submitted to Legislature. 21. By January 1, 2014, the department shall prepare a report, which shall be posted on the department's Internet website and submitted, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a…

13:1E-99.115 Guidelines for handling food waste for certain institutions. 1. a. Within 90 days after the effective date of this act, the Department of Environmental Protection, in consultation with the Department of Agriculture, the Department of Education, the Department of Heal…

13:1E-99.115a Schools, delivery, process, compostable, anaerobically digestible food waste, parameters; Department of Environmental Protection, guidance, rules, regulations. 1. a. Except as provided in subsection d. of this section, notwithstanding the provisions of the "Solid Wa…

13:1E-99.116 Certain wheel weights prohibited; terms defined. 1. a. No person shall install on any motor vehicle a weight or other product used to balance a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the…