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

13:1E-13. Tax exemption All property acquired or utilized by the department to implement the provisions of this act shall be exempt from all taxation, State and local. L.1970, c. 39, s. 13, eff. May 6, 1970.

13:1E-130 Subpoena power. 5. a. Whenever the Attorney General determines that there exists a reasonable suspicion that any person may have information or knowledge relevant to an investigation conducted pursuant to this act, he may issue in writing and cause to be served upon tha…

13:1E-131. Disclosure of information by public officer or employee; penalty Any public officer or employee who shall disclose to any person, other than the Attorney General or a person retained by the Attorney General as herein provided, the name of any person who receives an inv…

13:1E-132. Grant of immunity after disclosure of evidence; failure to obey subpena; penalties a. If any person in attendance pursuant to a subpena or interrogatory issued pursuant to this act refuses to answer personally a question or produce evidence of any kind, or make the req…

13:1E-133 Disqualification criteria. 8. The provisions of any law to the contrary notwithstanding, no license or soil and fill recycling license shall be approved by the department: a. Unless the department finds that the applicant, or the permittee, as the case may be, in any pr…

13:1E-133.1 Rehabilitated ex-offenders, licensing. 7. a. Notwithstanding the debarment pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133) or the conviction of any person required to be listed in a disclosure statement, or otherwise shown to have a beneficial interest in the b…

13:1E-133.2 Reestablished good character, honesty, integrity; licensing. 8. a. Notwithstanding any current prosecutions or pending charges in any jurisdiction against any person required to be listed in a disclosure statement, or otherwise shown to have a beneficial interest in t…

13:1E-133.3. Resource recovery permits; completion of investigation, licensing required 17. The Department of Environmental Protection shall not issue any permits required pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.), P.L.1975, c.232 (C.13…

13:1E-133.4. Rules, regulations 20. The Attorney General and the Department of Environmental Protection shall, within 120 days of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations n…

13:1E-134 Causes for revocation. 9. Any license or soil and fill recycling license may be revoked by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) for any of the following causes: a. Any cause which would require disqualificat…

13:1E-135 Licensing after removal of disqualification; temporary licenses. 10. a. (1) Notwithstanding the disqualification of the applicant or permittee pursuant to subsection a., b., c., e. or f. of section 8 of P.L.1983, c.392 (C.13:1E-133), the department may issue or renew a …

13:1E-135.1 Application, license fees. 13. a. The department shall establish application and license fees, annual fees, and any other fees the department determines necessary to defray the costs of administration, for any license or soil and fill recycling license issued pursuant…

13:1E-135.2 Memorandum of agreement. 14. No later than 90 days after the effective date of P.L.2019, c.397 (C.13:1E-127.1 et al.), the Department of Environmental Protection, the Department of the Treasury, and the Attorney General shall enter into a memorandum of agreement that …

13:1E-135.3 List of individuals, businesses that have been debarred, had license revoked or denied. 15. The State Treasurer shall establish a list to be maintained in the Department of the Treasury of individuals and business concerns that have: a. been debarred from contracting …

13:1E-135.4 Reciprocal information exchange. 16. The Attorney General shall seek to establish with the State of New York and other states in the region a reciprocal information exchange method to facilitate the sharing of information among the states on the solid waste, hazardous…

13:1E-135.5 Rules, regulations; violations, penalties. 17. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a schedule of penalties for violations of P.L.1983, c.392 (C.13:1E-12…

13:1E-135.6 Right to enter, take samples. 18. The department, a local board of health, and a county health department shall have the right to enter, inspect, and take samples at or from, any facility or premises used in connection with the provision of soil and fill recycling ser…

13:1E-136. Findings, declarations The Legislature finds that the proper disposal of solid waste and the maximum practical recovery of any potential resource in solid waste, especially its conversion to useable energy, are matters of basic concern to all citizens of this State, an…

13:1E-137 Definitions. 2. As used in this act: "Contract file" means a file established and maintained by a contracting unit, in which the contracting unit shall maintain a copy of its request for qualifications issued pursuant to section 19 of P.L.1985, c.38 (C.13:1E-154), a lis…

13:1E-138 Solid waste services, tax; obligation to pay. 3. a. There is levied upon the owner or operator of every sanitary landfill facility a solid waste services tax. The services tax shall be imposed on the owner or operator at the rate of $1.65 per ton of solid waste on all s…

13:1E-14. Liberal construction This act shall be liberally construed to effectuate the purpose and intent thereof. L.1970, c. 39, s. 14, eff. May 6, 1970.

13:1E-147 Solid Waste Services Tax Fund. 12. The Solid Waste Services Tax Fund is established as a nonlapsing, revolving fund in the Department of Environmental Protection. The services tax fund shall be administered by the department and shall be the depository for the revenues …

13:1E-15. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be aff…

13:1E-15.1. Hours of operation; facility within 1000 feet of residential zone Notwithstanding the provisions of P.L.1970, c. 40 (C. 48:13A-1 et seq.) or any other law, rule or regulation to the contrary, no solid waste disposal facility located in or within 1000 feet of any area …

13:1E-153. 40-year contracts authorized The provisions of any other law, rule or regulation to the contrary notwithstanding, and as an alternative to any other procedure provided for by law or by order of the Board of Public Utilities, a contracting unit may enter into a contract…

13:1E-154. Request for qualifications; selection of qualified vendors a. A contracting unit which intends to enter into a contract with a vendor pursuant to the provisions of this amendatory and supplementary act shall issue a request for qualifications of interested vendors. The…

13:1E-155. Request for proposals Upon the selection of qualified vendors pursuant to the provisions of section 19 of this amendatory and supplementary act, the contracting unit shall issue a request for proposals to the qualified vendors, which shall include a detailed descriptio…

13:1E-156. Review of proposals; revisions A contracting unit shall review proposals submitted by vendors pursuant to section 20 of this amendatory and supplementary act in such a manner as to avoid disclosure of the contents of any proposal to vendors submitting competing proposa…

13:1E-157. Vendor designation; contract negotiations Upon a review of the proposals submitted by qualified vendors pursuant to section 21 of this amendatory and supplementary act, a contracting unit shall designate one or more qualified vendors whose proposal or proposals the con…

13:1E-158. Approvals required a. A contracting unit shall submit any proposed contract negotiated with a qualified vendor pursuant to the provisions of this act to the Division of Rate Counsel for review, and to the department, the Board of Public Utilities, and the Division of L…

13:1E-159. Notification of proposed contract Any contracting unit intending to submit a proposed contract to the department, the Board of Public Utilities, and the Division of Local Government Services for review and approval pursuant to the provisions of this amendatory and supp…

13:1E-160. Request for additional information The department, the Board of Public Utilities, the Division of Local Government Services, and the Division of Rate Counsel shall have 15 days from the date of receipt of a proposed contract submitted by a contracting unit for review a…

13:1E-161. Notice of public hearing a. A contracting unit shall hold a public hearing on a proposed contract submitted to the department, the Board of Public Utilities and the Division of Local Government Services for review and approval pursuant to the provisions of this amendat…

13:1E-162. Hearing; report a. At the public hearing on the proposed contract held by the contracting unit pursuant to the provisions of section 26 of this amendatory and supplementary act any interested party may present statements or questions concerning the terms and conditions…

13:1E-163. Approval; conditional approval a. Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of this amendatory and supplementary act, the department shall approve or conditionally approve t…

13:1E-164. Mandatory contract provisions Any contract to be awarded to a vendor pursuant to the provisions of this amendatory and supplementary act or pursuant to the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.) or any other contracting procedure permitte…

13:1E-167. Lease or sale to vendor Notwithstanding the provisions of any other law, rule or regulation to the contrary, a contracting unit, or State board, commission, committee, authority or agency may lease or sell the site for a resource recovery facility to a qualified vendor…

13:1E-168. Rules, regulations a. (1) The department may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this amendatory and supplementary act. (2) …

13:1E-169. Findings, declarations The Legislature finds that the ever-increasing costs of environmentally sound solid waste disposal necessarily impose significant economic burdens on local governments and residential taxpayers alike and put a severe strain on the ability of muni…

13:1E-170. Definitions As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of all measures required …

13:1E-171. Sanitary Landfill Closure and Rate Relief Fund a. The "Sanitary Landfill Closure and Rate Relief Fund" (hereinafter referred to as the "fund") is established as a special account in the Department of Environmental Protection. The fund shall be administered by the depar…

13:1E-172. Project priority list a. Applications and preliminary plans for closure project grants and loans shall be filed with the commissioner. The commissioner shall develop a priority system for landfill closure projects which shall establish ranking criteria and funding poli…

13:1E-173. Eligibility for grants, loans a. The commissioner shall apply the criteria set forth in this section in determining the eligibility of owners and operators of sanitary landfill facilities for grants or loans to pay the closure costs of landfill closure projects. No own…

13:1E-174. Project appropriations The commissioner shall annually provide the Legislature with the project priority list for the awarding of grants and loans from the "Sanitary Landfill Closure and Rate Relief Fund" for specific eligible closure projects, as provided in section 5…

13:1E-175. Rules The commissioner shall, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules governing the awarding and use of loans and grants, including, but not limited to, procedures for the submission of appl…

13:1E-176. Financial plan for closure It shall remain the continuing responsibility of the owner or operator of every sanitary landfill facility to insure that the rates or charges received at the facility, whether or not these rates or charges are subject to the jurisdiction of …