S2422

An Act concerning scrap tires, supplementing Title 13 of the Revised Statutes, and amending P.L.1987, c.102.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Commissioner” means the Commissioner of Environmental Protection.

“Department” means the Department of Environmental Protection.

“Licensed scrap tire facility” means a recycling center within the State authorized to accept, store, process, or transfer scrap tires, pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34), any other facility in the State authorized by the department to accept scrap tires for reuse, or a recycling center outside of the State authorized by the environmental regulatory agency with jurisdiction over environmental permitting to accept scrap tires for the purpose of recycling.

“Licensed scrap tire hauler” means a person who obtains a license to engage in scrap tire collection pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Scrap tire collection” means the activity related to pick-up and transportation of scrap tires from their source to a licensed scrap tire facility or other destination.

2. (New section) a. No more than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), no person shall engage in scrap tire collection unless the person is licensed by the department pursuant to the provisions of subsection b. of this section.

b. The department shall require an applicant for a scrap tire hauler license to provide the following information:

(1) the applicant’s name, business location, and mailing address;

(2) the geographical area to be serviced for the term of the license, including a map and a list of zip codes in that area;

(3) identification of vehicles to be used in scrap tire collection, including the vehicle identification number, license plate number, vehicle make, model and year, and legal owner, and whether the vehicle is owned or leased by the applicant; and

(4) identification of the licensed scrap tire facilities to be served by the applicant, including the facility name, facility license number, location address, mailing address, and telephone number.

The department shall issue a scrap tire hauler license to any person who qualifies for the license pursuant to the provisions of this section and who is in compliance with any licensing or permitting requirements established pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) and P.L.1983, c.392 (C.392 (C.13:1E-126 et seq.) or any other applicable law.

c. An application for a scrap tire hauler license or license renewal shall be accompanied by an application fee established by the department that shall cover all costs of processing the application and issuing the license or license renewal. The department may also establish an annual fee that shall be charged to a person who qualifies for a license. The revenue from the annual fees shall be sufficient to cover all costs of administering and enforcing the license program.

d. Each license issued by the department shall be valid for a period not to exceed three years, unless a shorter period is specified therein, or unless suspended or revoked. All licenses shall expire as provided in rules and regulations adopted by the department.

e. The department may deny an application for a license or license renewal. The department may prohibit any person whose application for a license or license renewal is denied from re-applying for a license for a period of not more than three years. The term during which reapplication is prohibited shall be established as part of the determination of the department in the proceedings concerning the denial.

3. (New section) No more than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall establish a scrap tire management system that provides for the manifesting, tracking, collection, recycling, and disposal of scrap tires. The scrap tire management system shall require all scrap tires to be collected and transported from their source only by a licensed scrap tire hauler and to be delivered to a licensed scrap tire facility.

4. (New section) On and after January 1, 2017, no person shall knowingly dispose of a scrap tire as solid waste.

5. (New section) a. Whenever the commissioner finds that a person has violated any provision of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, the commissioner may:

(1) issue an order requiring the person found to be in violation to comply in accordance with subsection b. of this section;

(2) bring a civil action in accordance with subsection c. of this section;

(3) levy a civil administrative penalty in accordance with subsection d. of this section;

(4) bring an action for a civil penalty in accordance with subsection e. of this section; or

(5) petition the Attorney General to bring a criminal action in accordance with subsection f. of this section.

Pursuit of any of the remedies specified under this section shall not preclude the seeking of any other remedy specified.

b. Whenever the commissioner finds that a person has violated P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, the commissioner may issue an order specifying the provision or provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, ordering abatement of the violation, and giving notice to the person of the person's right to a hearing on the matters contained in the order. The ordered person shall have 20 calendar days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order.

c. The commissioner may institute an action or proceeding in the Superior Court for injunctive and other relief to enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), and to prohibit and prevent a violation of P.L. , c. (C. ) (pending before the Legislature as this bill), or of any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief.

Such relief may include, singly or in combination:

(1) a temporary or permanent injunction;

(2) assessment of the violator for the reasonable costs of any inspection that led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection.

d. The commissioner may assess a civil administrative penalty of not more than $7,500 for a first offense, not more than $10,000 for a second offense and not more than $25,000 for a third and every subsequent offense. Each day that a violation continues shall constitute an additional, separate, and distinct offense.

No assessment may be levied pursuant to this section until after the violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation, or order violated, a concise statement of the facts alleged to constitute a violation, a statement of the amount of the civil administrative penalties to be imposed, and a statement of the person's right to a hearing. The ordered person shall have 20 calendar days from receipt of the notice within which to deliver to the commissioner a written request for a hearing.

After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in P.L. , c. (C. ) (pending before the Legislature as this bill), and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The commissioner may compromise any civil administrative penalty assessed under this subsection in an amount the commissioner determines appropriate.

e. A person who violates P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be liable for a penalty of not more than $7,500 per day, to be collected in a civil action commenced by the commissioner.

A person who violates an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay an administrative assessment in full pursuant to subsection d. of this section is subject upon order of a court to a civil penalty not to exceed $50,000 per day of each violation.

Any penalty imposed pursuant to this subsection may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with P.L. , c. (C. ) (pending before the Legislature as this bill).

f. A person who willfully or negligently violates P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty, upon conviction, of a crime of the fourth degree and shall be subject to a fine of not less than $2,500 nor more than $25,000 per day of violation. A second offense under this subsection shall subject the violator to a fine of not less than $5,000 nor more than $50,000 per day of violation. A person who knowingly makes a false statement, representation, or certification in any application, record, or other document filed or required to be maintained under P.L. , c. (C. ) (pending before the Legislature as this bill), or who falsifies, tampers with or knowingly renders inaccurate, any monitoring device or method required to be maintained pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), shall, upon conviction, be subject to a fine of not more than $10,000.

6. Section 3 of P.L.1987, c.102 (C.13:1E-99.13) is amended to read as follows:

3. a. Each county shall prepare and adopt a district recycling plan to implement the State Recycling Plan goals. Each district recycling plan shall be adopted as an amendment to the district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) and subject to the approval of the department. Each district recycling plan may be modified after adoption pursuant to a procedure set forth in the adopted plan as approved by the department.

b. Each district recycling plan required pursuant to this section shall include, but need not be limited to:

(1) Designation of a district recycling coordinator;

(2) Designation of the recyclable materials to be source separated in each municipality which shall include, in addition to leaves and scrap tires, at least three other recyclable materials separated from the municipal solid waste stream;

(3) Designation of the strategy for the collection, marketing and disposition of designated source separated recyclable materials in each municipality;

(4) Designation of recovery targets in each municipality to achieve the maximum feasible recovery of recyclable materials from the municipal solid waste stream which shall include, at a minimum, the following schedule:

(a) The recycling of at least 15% of the total municipal solid waste stream by December 31, 1989;

(b) The recycling of at least 25% of the total municipal solid waste stream by December 31, 1990; and

(c) The recycling of at least 50% of the total municipal solid waste stream, including yard waste and vegetative waste, by December 31, 1995; and

(5) Designation of countywide recovery targets to achieve the maximum feasible recovery of recyclable materials from the total solid waste stream which shall include, at a minimum, the recycling of at least 60% of the total solid waste stream by December 31, 1995.

Within 24 months of the effective date of P.L.2007, c.311 (C.13:1E-96.2 et al.), each district recycling plan shall be modified to include the designation of a district certified recycling coordinator.

For the purposes of this subsection, "district certified recycling coordinator" means a person who shall have completed the requirements of a course of instruction in various aspects of recycling program management, as determined and administered by the department; "total municipal solid waste stream" means the sum of the municipal solid waste stream disposed of as solid waste, as measured in tons, plus the total number of tons of recyclable materials recycled; and "total solid waste stream" means the aggregate amount of solid waste generated within the boundaries of any county from all sources of generation, including the municipal solid waste stream.

c. Each district recycling plan, in designating a strategy for the collection, marketing and disposition of designated recyclable materials in each municipality, shall authorize municipalities that adopt a recycling ordinance pursuant to subsection b. of section 6 of P.L.1987, c.102 (C.13:1E-99.16) to limit the collection of designated recyclable materials to specified operating hours in order to preserve the peace and quiet in neighborhoods during the hours when most residents are asleep.

d. A district recycling plan may be modified to require that each municipality within the county revise the ordinance adopted pursuant to subsection b. of section 6 of P.L.1987, c.102 (C.13:1E-99.16) to provide for the source separation and collection of used dry cell batteries as a designated recyclable material.

e. (Deleted by amendment, P.L.2008, c. 130)

(cf: P.L.2008, c.130, s.19)

7. This act shall take effect immediately.

STATEMENT

This bill would require the Department of Environmental Protection (DEP) to establish a system for the manifesting, tracking, collection, recycling, and disposal of scrap tires. The bill would require that all scrap tires be recycled or reused and would prohibit their disposal as solid waste. In addition, the bill would require any person engaging in scrap tire collection to be licensed by the DEP. Finally, the bill would require that each district recycling plan require source separation of scrap tires from the solid waste stream. Scrap tires can be reused as playground cover material, equestrian track surfacing, alternative fuel, and in civil engineering applications. The bill is intended to promote recycling and prevent illegal dumping of scrap tires.