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

13:1E-102. Definitions As used in this act: a. "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of all measures required by the department, pursuant to law, in order to prevent, minimize or monitor pollu…

13:1E-103. Joint and several liability of owner or operator for proper operation and closure Every owner or operator of a sanitary landfill facility shall be jointly and severally liable for the proper operation and closure of the facility, as required by law, and for any damages…

13:1E-104. Sanitary landfill facility tax a. There is levied upon the owner or operator of every sanitary landfill facility a tax to insure the proper closure thereof and to provide funds to compensate for any damages resulting from the operations or closure of the facility. The …

13:1E-105. Sanitary landfill facility contingency fund The Sanitary Landfill Facility Contingency Fund (hereinafter referred to as "the fund" ) is established as a nonlapsing, revolving fund in the Department of Environmental Protection. The fund shall be administered by the depa…

13:1E-106. Strict liability of fund for damages due to operations or closure of sanitary landfill; payment a. The fund shall be strictly liable for all direct and indirect damages, no matter by whom sustained, proximately resulting from the operations or closure of any sanitary l…

13:1E-107. Limitations on claims Claims against the fund shall be filed within 1 year of the date of discovery of damage, and in the manner as shall be prescribed by the department. L.1981, c. 306, s. 8.

13:1E-108. Disbursement of fund 9. Moneys in the fund shall be disbursed by the department for the following purposes and no others: a. Administrative costs incurred by the department pursuant to section 6 of P.L.1981, c.306 (C.13:1E-105); b. Damages as provided in section 7 of P…

13:1E-109. Monthly deposits in escrow account; violation crime of third degree; increased tariffs a. The owner or operator of every sanitary landfill facility shall deposit, on a monthly basis in an interest-bearing account with an accredited financial institution, an amount equa…

13:1E-109.1 Meadowlands Commission payment to certain solid waste debt defeasance fund. 1. Notwithstanding the provisions of section 35 of P.L.1975, c.326 (C.13:17-10.1), sections 10 and 11 of P.L.1981, c.306 (C.13:1E-109 and C.13:1E-110), section 8 of P.L.1985, c.368 (C.13:1E-17…

13:1E-109.2 Payments into escrow accounts of Meadowlands Commission, certain, authorized. 2. The provisions of any other law to the contrary notwithstanding, there is appropriated from the Sanitary Landfill Facility Contingency Fund established pursuant to section 6 of P.L.1981, …

13:1E-11. Temporary approval of registration 11. a. During the first registration year of each applicant or permittee as defined in section 2 of P.L.1983, c.392 (C.13:1E-127) for approval of a registration statement to engage in the collection of solid waste, or a registration st…

13:1E-110. Landfill closure account audits a. Every owner or operator of a sanitary landfill facility which accepts more than 10,000 tons of solid waste per year, or whose escrow account balance is in excess of $100,000.00, shall file with the department an annual audit of the es…

13:1E-111. Rights of subrogation of fund Payment of any damages by the fund shall be conditioned upon the department acquiring, by subrogation, all rights of the claimant to recovery of the damages from any owner or operator of a sanitary landfill facility. L.1981, c. 306, s. 12.…

13:1E-112. Tax and escrow collected as surcharge; adjustments 13. a. The provisions of any law to the contrary notwithstanding, the owner or operator of any sanitary landfill facility may collect the tax imposed pursuant to section 5 of P.L.1981, c.306 (C.13:1E-104), and the escr…

13:1E-114. Rules and regulations The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), such rules and regulations as are necessary to effectuate this supplementary act. L.1981, c. 306, s. 15.

13:1E-115. Availability of other remedies; remedies additional to existing law Nothing in this supplementary act shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies provided in this supplementary act are in addition to those…

13:1E-116. Contract for sale of land; statement of use as sanitary landfill facility; violation; voidability a. No person shall contract to sell any land which has been utilized as a sanitary landfill facility at any time prior to the effective date of this supplementary act unle…

13:1E-116.1. Short title 1. This act shall be known and may be cited as the "Municipal Landfill Site Closure, Remediation and Redevelopment Act." L.1996,c.124,s.1.

13:1E-116.2. Definitions regarding municipal landfill sites 2. As used in this act: "Closure" means all activities associated with the design, purchase, construction or maintenance of all measures required by the department, pursuant to law, in order to prevent, minimize or monit…

13:1E-116.3. Redevelopment agreement, negotiation 3. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer may enter into a redevelopment agreement with the State pursuant to the provisions of this secti…

13:1E-116.4. Reimbursement of costs of closure and remediation 4. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer that enters into a redevelopment agreement pursuant to section 3 of P.L.1996, c.124…

13:1E-116.5. Memorandum of agreement to qualify for reimbursement certification 5. a. To qualify for the certification of reimbursement of 75% of the closure and remediation costs authorized pursuant to section 4 of P.L.1996, c.124 (C.13:1E-116.4), a developer shall enter into a …

13:1E-116.6. Municipal Landfill Closure and Remediation Fund 6. a. There is created in the Department of the Treasury a special fund to be known as the Municipal Landfill Closure and Remediation Fund. Moneys in the fund shall be dedicated to the purpose of reimbursing a developer…

13:1E-116.7. Reimbursement of developer 7. a. The State Treasurer shall reimburse the developer for 75% of the closure and remediation costs of the municipal solid waste landfill from the Municipal Landfill Closure and Remediation Fund upon approval of certification of the reimbu…

13:1E-117. Scales to determine weight of vehicles disposing of waste; record; exemption All new solid waste facilities, other than privately-owned, noncommercial, onsite industrial solid waste facilities which do not accept solid waste generated from any other source and solid wa…

13:1E-118. Rate schedule; amendment of tariff a. The Board of Public Utilities shall, in accordance with the provisions of the "Solid Waste Utility Control Act of 1970" (P.L.1970, c. 40; C. 48:13A-1 et seq.), establish an equitable rate schedule based upon weight for the solid wa…

13:1E-119. Increase in tariffs 3. Any solid waste facility required to install scales pursuant to this act may petition the Board of Public Utilities for an increase in its tariff which reflects the costs reasonably incurred by the facility in complying with this act. The board, …

13:1E-12. Revocation or suspension of registration The department, after hearing, may revoke or suspend the registration issued to any person engaged in the solid waste collection or solid waste disposal upon a finding that such person: a. Has violated any provision of this act o…

13:1E-120. Regulations or guidelines The department shall, within 90 days of the effective date of this act, adopt regulations or guidelines for determining the weighing requirements and number of scales necessary for the timely, efficient and reliable operation of solid waste fa…

13:1E-122. Waste generated by federal government; exemption from tariffs The tariffs established pursuant to this act shall not be levied upon the collectors or haulers of solid waste for that portion of the solid waste generated by the Federal Government or agencies thereof. The…

13:1E-123. Disposal of solid waste generated by agency of federal government; exemption from taxes and fees The provisions of P.L.1981, c. 278 (C. 13:1E-92 et seq.) or P.L.1981, c. 306 (C. 13:1E-100 et seq.) to the contrary notwithstanding, no tax or fee shall be levied upon the …

13:1E-124. Exemption applicable only to contracts signed prior to Jan. 1, 1982 The exemption provided for in this supplementary act shall apply only to solid waste collected pursuant to contracts signed prior to January 1, 1982. The solid waste collector, at his initial disposal …

13:1E-125. Construction of act; refunds; tax liability incurred prior to effective date Nothing herein provided shall be construed to authorize a refund of taxes paid or to relieve any tax liability incurred prior to the effective date of this act. L.1983, c. 267, s. 3, eff. July…

13:1E-125.1 Definitions relative to certain landfills. 1. As used in this act:"Closed sanitary landfill facility" means a sanitary landfill facility, or a portion of a sanitary landfill facility, for which performance is complete with respect to all activities associated with the…

13:1E-125.2 Voidable causes; closure. 2. a. (1) An administrative consent order, agreement, closure or post-closure plan, or other permit or approval entered into before or after the effective date of this act by the Department of Environmental Protection and any person for the c…

13:1E-125.3 Site plan approval required. 3. Notwithstanding the provisions of any other law to the contrary, any person who undertakes the closure of a legacy landfill, or the owner or operator of a closed sanitary landfill facility, who accepts for any reason, solid waste, recyc…

13:1E-125.4 Hydrogen sulfide levels, odors; violations; adoption of standards. 4. a. Hydrogen sulfide levels emanating from a legacy landfill or closed sanitary landfill facility shall not exceed 30 parts per billion averaged over a period of any 30 minutes to be measured at the …

13:1E-125.5 Financial assurance to pay for closure costs. 5. a. The owner or operator of any legacy landfill or closed sanitary landfill facility who accepts recyclable material, contaminated soil, wastewater treatment residual material, or construction debris shall establish and…

13:1E-125.6 Monthly deposit of costs of post-closure monitoring. 6. a. The owner or operator of every legacy landfill and every closed sanitary landfill facility that accepts any recyclable material, contaminated soil, wastewater treatment residual material, or construction debri…

13:1E-125.7 New Jersey licensed professional engineer to perform closure. 7. a. The owner or operator of a legacy landfill or a closed sanitary landfill facility that undertakes any activity that includes the placement or disposal of any material, regrading, compression, venting,…

13:1E-125.8 Violations, penalties. 8. a. Whenever the commissioner finds that a person has violated any provision of P.L.2013, c.69 (C.13:1E-125.1 et seq.), the commissioner may institute an action or proceeding in the Superior Court for injunctive and other relief, and for a civ…

13:1E-125.9 Emergency orders. 9. If the commissioner determines that any activity or activities occurring at a legacy landfill or closed sanitary landfill facility present an imminent threat to the environment or public health and safety, the provisions of section 2 of P.L.1990, …

13:1E-126. Legislative findings and declarations The Legislature hereby finds and declares to be the public policy of this State: That the collection, transportation, treatment, storage, and disposal of solid waste are critical components of the economic structure of this State a…

13:1E-127 Definitions. 2. As used in the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) and P.L.1991, c.269 (C.13:1E-128.1 et al.): a. “Applicant” means any business concern that: (1) has filed a disclosure statement with the Attorney General and is seeking a license, provid…

13:1E-127.1 Soil and fill recycling registration. 1. a. No later than July 14, 2022, any business concern that is not already a licensee pursuant to P.L.1983, c.392 (C.13:1E-126 et seq.), and that actively engages in, or otherwise provides, soil and fill recycling services shall …

13:1E-127.2 Registration required to engage in soil and fill recycling services. 2. Beginning 180 days after the effective date of P.L.2019, c.397 (C.13:1E-127.1 et al.), no business concern shall engage in soil and fill recycling services unless it holds a soil and fill recyclin…