Bill Text: NJ A661 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires DEP rejection of new solid waste facility registration if affected municipality disapproves proposed facility location.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A661 Detail]
Download: New_Jersey-2012-A661-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Requires DEP rejection of new solid waste facility registration if affected municipality disapproves proposed facility location.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the location of solid waste facilities and amending P.L.1983, c.464.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1983, c.464 (C.13:1E-5.1) is amended to read as follows:
1. In addition to all other standards, conditions and procedures required pursuant to law for the approval of applications for registration statements and engineering designs for new solid waste [disposal] facilities:
a. The department shall transmit, by certified mail, a complete copy of any application for a registration statement or engineering design approval for a new solid waste [disposal] facility to the governing body of the affected municipality. The governing body may review the application and shall notify the department within three months after the receipt of the complete copy of the application if it disapproves of the proposed location of the proposed solid waste facility;
b. Within 6 months of the receipt of a complete application, the department shall reject the application or grant tentative approval thereof, which tentative approval shall establish design and operating conditions for the proposed solid waste [disposal] facility, requirements for the monitoring thereof, and any other conditions required under federal or State laws or rules and regulations. Notwithstanding any provision of P.L.1970, c.39 (C.13:1E-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the department shall reject the application if the governing body of the affected municipality has disapproved of the proposed location of the proposed solid waste facility;
c. All tentative approvals of applications granted pursuant to subsection b. of this section shall be transmitted to the applicant and to the affected municipality and shall be accompanied by a fact sheet setting forth the principal facts and the significant factual, legal, methodological, and policy questions considered in granting the tentative approval. The fact sheet shall include a description of the facility which is the subject of the tentative approval; the type and quantities of solid waste or sludge which may be disposed of at the proposed facility; and a brief summary of the basis for the conditions of the tentative approval; and
d. Within 45 days of the granting of a tentative approval of an application, a public hearing on the proposed facility and operator shall be conducted by the department. The department shall adopt
and promulgate rules and regulations necessary to ensure that the public hearing is full and impartial and that the applicant is present to answer questions relating to the facility which are posed by interested parties.
(cf: P.L.1983, c.464, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill requires the Department of Environmental Protection (DEP) to reject the application for a registration statement or engineering design approval for a new solid waste facility if the governing body of the affected municipality disapproves of the proposed location of the facility.
Presently, the "Solid Waste Management Act" preempts local ordinances as they pertain to the construction of solid waste facilities. This preemption permits the construction of a solid waste facility over the objection of the affected municipality. This bill empowers municipalities to exercise more control over the construction of solid waste facilities within their borders by requiring that the DEP reject any application for a registration statement or engineering design approval of a new solid waste facility, including that of a transfer station, if the governing body of the affected municipality disapproves of the proposed location of the facility within three months after receiving a complete copy of the application.
