A5663

An Act concerning the unauthorized transportation and disposal of solid waste and amending P.L.1989, c.118.

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

1. Section 2 of P.L.1989, c.118 (C.13:1E-9.3) is amended to read as follows:

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 otherwise, except at a solid waste facility or an out-of-State disposal site which has authorization from the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, or any other place in this State which has authorization from the Department of Environmental Protection to accept solid waste for disposal, as the case may be.

b. No person shall, regardless of intent, transport or cause or permit to be transported any solid waste in excess of 0.148 cubic yards of solids or 30 United States gallons of liquids, whether for profit or otherwise, except to a solid waste facility or an out-of-State disposal site which has authorization from the appropriate state regulatory agency having jurisdiction over solid waste management to accept solid waste for disposal, or to any other place in this State which has authorization from the Department of Environmental Protection to accept solid waste for disposal, as the case may be.

c. [No person shall, regardless of intent, cause, engage in or be permitted to engage in, the disposal of any amount of solid waste on real property subject to the use, control or ownership of a railroad company, unless such disposal is expressly authorized by the railroad company and approved by the Department of Environmental Protection.] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).)

d. The provisions of this section shall be enforced by the Department of Environmental Protection and by every relevant municipality, local board of health, or county health department, as the case may be.

(cf: P.L.2003, c.231, s.4)

2. Section 3 of P.L.1989, c.118 (C.13:1E-9.4) is amended to read as follows:

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.118 (C.13:1E-9.3) is subject to a fine of not less than [$2,500.00] $5,000 for a first offense, not more than [$5,000.00] $10,000 for a second offense and not more than [$10,000.00] $20,000 for a third and every subsequent offense. Each day during which the violation continues constitutes an additional, separate and distinct offense.

c. If a person is convicted of a violation of the provisions of subsection a. or b. of section 2 of P.L.1989, c.118 (C.13:1E-9.3), the court shall, in addition to the penalties provided under subsection b. of this section, require the person to perform community service for a term of not more than [90] 180 days.

d. All conveyances used or intended for use in the unlawful transportation or disposal of solid waste in violation of the provisions of subsection a. or b. of section 2 of P.L.1989, c.118 (C.13:1E-9.3) are subject to forfeiture to the State pursuant to the provisions of P.L.1981, c.387 (C.13:1K-1 et seq.).

e. The provisions of P.L.1981, c.387 (C.13:1K-1 et seq.) or any other law to the contrary notwithstanding, whenever a conveyance is forfeited to the State pursuant to subsection d. of this section, the proceeds from the disposal and sale of such conveyance shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance enforcement activities undertaken pursuant to section 13 of P.L.1970, c.40 (C.48:13A-12) or section 2 of P.L.1989, c.118 (C.13:1E-9.3).

f. A person convicted of a violation of the provisions of subsection [c.] a. of section 2 of P.L.1989, c.118 (C.13:1E-9.3) shall be liable to the [railroad company] owner of the real property on which the unlawful disposal occurred in the amount of three times the damages caused directly or indirectly by the unlawful disposal together with three times the costs associated with the cleanup of the real property upon which the violation occurred, including, but not limited to, all attorneys' fees and costs which the [railroad company] property owner may reasonably expend in a civil suit brought in a court of competent jurisdiction to collect the sums imposed by this subsection. In any such suit, a final judgment of conviction shall be admissible as conclusive proof that the person violated the provisions of subsection [c.] a. of section 2 of P.L.1989, c.118 (C.13:1E-9.3). If a local government unit performs a cleanup of a real property as a result of an unlawful disposal, the person convicted shall also be liable to the local government unit in the amount of the costs associated with the cleanup.

(cf: P.L.2019, c.276, s.9)

3. This act shall take effect immediately.

STATEMENT

This bill would increase the penalties for transporting or disposing of solid waste in excess of 0.148 cubic yards of solids or 30 gallons of liquids except to an authorized solid waste facility or out-of-State disposal site. Under current law, these acts constitute a disorderly persons offense and are subject to a maximum fine of $2,500 for a first offense, $5,000 for a second offense, and $10,000 for subsequent offenses, as well as a term community service with a maximum duration of 90 days. This bill would increase the maximum fines to $5,000 for a first offense, $10,000 for a second offense, and $20,000 for subsequent offenses. The bill would also increase the maximum community service term to 180 days.

The bill would also delete a provision in existing law that prohibits the disposal of any amount of solid waste on real property subject to the use, control or ownership of a railroad company. Under current law, persons found guilty of violating this provision are liable for three times the damages caused by the unlawful disposal together with three times the cleanup costs, attorney's fees, and other reasonable costs expended by a railroad company. This bill would instead provide that persons who unlawfully dispose of solid waste in excess of 0.148 cubic yards of solids or 30 gallons of liquids are liable for the damages described above to the owner of the property on which the unlawful disposal occurred, regardless of whether or not the owner is a railroad company. In addition, under the bill, if a local government unit performs a cleanup of a real property as a result of an unlawful disposal, the person convicted would also be liable to the local government unit in the amount of the costs associated with the cleanup.