N.J. Stat. § 13:8C-30 — NJ Code / Title 13 / Chapter 8C / Section 8C-30
Payments to municipalities in lieu of taxes for lands acquired using other than dedicated money
Status: in_force

30. a. With respect to lands acquired using any funding source other than constitutionally dedicated moneys, whether prior to the date of enactment of this act or thereafter, and owned in fee simple by the State or by a qualifying tax exempt nonprofit organization, and which lands are permanently preserved for recreation and conservation purposes, the State shall pay annually on October 1 to each municipality in which those lands are located the following amounts: $2 per acre of lands so acquired and owned for any municipality for which all lands owned in fee simple by the State or by a qualifying tax exempt nonprofit organization for recreation and conservation purposes constitute less than 20% of the total land area of the municipality; $5 per acre of lands so acquired and owned for any municipality for which all lands owned in fee simple by the State or by a qualifying tax exempt nonprofit organization for recreation and conservation purposes constitute at least 20% but less than 40% of the total land area of the municipality; $10 per acre of lands so acquired and owned for any municipality for which all lands owned in fee simple by the State or by a qualifying tax exempt nonprofit organization for recreation and conservation purposes constitute at least 40% but less than 60% of the total land area of the municipality, and $20 per acre of lands so acquired and owned for any municipality for which all lands owned in fee simple by the State or by a qualifying tax exempt nonprofit organization for recreation and conservation purposes constitute at least 60% of the total land area of the municipality. b. In the event payments in lieu of taxes are due and payable from the State on those lands pursuant to another law, and those payments, if made by the State, would exceed those that would be paid pursuant to this section, the payments shall be made in accordance with the other law. In no case shall payments be made to a municipality in compliance with both this section and any other applicable law. c. Any payments made by the State pursuant to this section shall be paid from the General Fund but not from constitutionally dedicated moneys. d. All sums of money received by the respective municipalities as compensation for loss of tax revenue pursuant to this section shall be applied to the same purposes as is the tax revenue from the assessment and collection of taxes on real property of these municipalities, and to accomplish this end the sums shall be apportioned in the same manner as the general tax rate of the municipality for the tax year preceding the year of receipt. e. For the purposes of this section, lands owned in fee simple by the State for recreation and conservation purposes shall mean State parks and forests, as defined pursuant to section 3 of P.L.1983, c.324 (C.13:1L-3), State wildlife management areas, and any other lands owned in fee simple by the State and administered by the Department of Environmental Protection for recreation and conservation purposes. L.1999,c.152,s.30.
N.J. Stat. § 13:1M-1 — NJ Code / Title 13 / Chapter 1M / Section 1M-1
Findings, declarations
Status: in_force

The Legislature finds and declares that the production of oil and natural gas from sources within the State can provide substantial economic benefits to the public and private sectors of this State; that notwithstanding such potential, the exploratory, drilling and extraction operations incident to such production pose significant risks to the public health, safety and welfare, as well as the natural resources of the State; and that a strict regulatory framework is necessary to minimize the potentially adverse impact of oil and natural gas production operations without jeopardizing the benefits. L. 1985, c. 432, s. 1, eff. Jan. 13, 1986.
N.J. Stat. § 13:18A-27 — NJ Code / Title 13 / Chapter 18A / Section 18A-27
Enforcement of provisions of this act over inconsistent or conflicting acts
Status: in_force

It is the intent of the Legislature that, except as otherwise specifically provided in this act, in the event of any conflict or inconsistency in the provisions of this act and any other acts pertaining to matters herein established or provided for or in any rules and regulations adopted under this act or said other acts, to the extent of such conflict or inconsistency, the provisions of this act and the rules and regulations adopted hereunder shall be enforced and the provisions of such other acts and rules and regulations adopted thereunder shall be of no force and effect. L.1979, c. 111, s. 26, eff. June 28, 1979.
N.J. Stat. § 13:1B-15.12a2 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.12a2
Review and update of planning for natural areas
Status: in_force

The Department of Environmental Protection shall within 2 years of the effective date of this act review and update the planning for natural areas as part of the New Jersey Statewide Comprehensive Outdoor Recreation Plan and shall recommend certain areas for inclusion within a New Jersey Natural Areas System, hereinafter referred to as "the system." L.1975, c. 363, s. 3, eff. March 3, 1976.
N.J. Stat. § 13:1B-16 — NJ Code / Title 13 / Chapter 1B / Section 1B-16
Division of Veterans' Services, powers and duties transferred to
Status: in_force

All of the functions, powers and duties of the Division of Veterans' Services of the existing Department of Economic Development, and of the Department of Economic Development and the Co-ordinator and Commissioner thereof relating to or administered through said division, herein transferred to the Department of Conservation and Economic Development, are hereby assigned to, and shall be exercised and performed through, the Division of Veterans' Services in the department. L.1948, c. 448, p. 1794, s. 18.
N.J. Stat. § 13:1D-119 — NJ Code / Title 13 / Chapter 1D / Section 1D-119
Reports on backlogs of review of permit applications
Status: in_force

1. a. The Department of Environmental Protection shall report, in writing, to the Assembly Energy and Environment Committee and Senate Environmental Quality Committee, or their successors, whenever the number of applications for a given class or category of permits, as established pursuant to section 1 of P.L.1991, c.423 (C.13:1D-105), that is pending before the department exceeds by more than: (1) 33% the maximum number of permit applications that can be reviewed on a timely basis at current staff levels, as determined by the department. Vacant staff positions shall be excluded for purposes of determining current staff levels; or (2) 10% the number of permit applications determined to be complete for purposes of technical review and pending before the department, which percentage of applications remain outstanding for more than 45 days beyond the time-frame for completing the review of that class or category of permits as contained in the review schedule therefor established pursuant to section 2 of P.L.1991, c. 423 (C.13:1D-106). b. Department reports shall be submitted to the legislative committees within 15 days of a determination that either condition specified in subsection a. of this section exists. The report shall identify the nature of the condition requiring the submission of a report, including the class or category of permits involved; detail current work force levels, and work load and productivity levels; provide a plan and schedule for, as applicable, reviewing the applications in a timely manner, or completing the outstanding reviews in an expeditious manner; and identify with specificity any additional resources, including qualified private consultants, that are required by the department to effectuate the department's plan. L.1991,c.424,s.1.
N.J. Stat. § 13:1E-35 — NJ Code / Title 13 / Chapter 1E / Section 1E-35
Liberal construction; severability
Status: in_force

The object and design of this amendatory and supplementary act being the protection and preservation of public health, safety and welfare, and the creation of solid waste management districts based upon the counties of this State and the Hackensack Meadowlands District, through which the management of solid waste in New Jersey may be undertaken in a comprehensive manner, this amendatory and supplementary act shall be liberally construed and the powers granted and the duties imposed by this amendatory and supplementary act shall be construed to be independent and severable. If any one or more sections, clauses, sentences or parts of this amendatory and supplementary act shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid. L.1975, c. 326, s. 26.
N.J. Stat. § 13:1E-9.4 — NJ Code / Title 13 / Chapter 1E / Section 1E-9.4
Penalties.
Status: in_force

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 $5,000 for a first offense, not more than $10,000 for a second offense and not more than $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 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 a. of section 2 of P.L.1989, c.118 (C.13:1E-9.3) shall be liable to the 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 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 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 or incurs any attorneys' fees or costs, including, but not limited to, costs associated with contracts necessary to conduct a cleanup, as a result of an unlawful disposal, the person convicted shall also be liable to the local government unit in the amount of the attorneys' fees and costs. L.1989, c.118, s.3; amended 1995, c.11, s.2; 2019, c.276, s.9; 2021, c.363, s.2.
N.J. Stat. § 13:8A-7 — NJ Code / Title 13 / Chapter 8A / Section 8A-7
Rules and regulations governing administration, operation and use of lands
Status: in_force

The commissioner shall prescribe rules and regulations governing the administration, operation and use of lands acquired by the State under this act to effect the purpose of this act. L.1961, c. 45, p. 480, s. 7.
N.J. Stat. § 13:1E-133.1 — NJ Code / Title 13 / Chapter 1E / Section 1E-133.1
Rehabilitated ex-offenders, licensing.
Status: in_force

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 business of an applicant, permittee or licensee, or business concern that has been issued a soil and fill recycling license or to have rented or leased at any or no cost real property, vehicles or other equipment used for the collection, transportation, treatment, processing, storage, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, to the applicant, the permittee, or the licensee, or the business concern that has been issued a soil and fill recycling license, for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), the department may issue or renew a license or a soil and fill recycling license to an applicant, permittee or licensee, or business concern that has been issued a soil and fill recycling license if the department determines in a writing setting forth findings of fact that the debarred or convicted person has affirmatively demonstrated rehabilitation by clear and convincing evidence pursuant to the provisions of this section. If the department determines that the nature and seriousness of the debarment or crime creates a reasonable doubt that an applicant, permittee, or licensee, or business concern that has been issued a soil and fill recycling license will engage in the activity for which a license or soil and fill recycling license is sought in a lawful and responsible manner, the department shall make a determination in a writing setting forth findings of fact that the debarred or convicted person cannot affirmatively demonstrate rehabilitation. b. In determining whether a debarred or convicted individual has affirmatively demonstrated rehabilitation, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing, and based upon a consideration of at least the following factors: (1) The nature and responsibilities of the position which a debarred or convicted individual would hold; (2) The nature and seriousness of the debarment or crime; (3) The circumstances under which the debarment was imposed or the crime was committed; (4) The date of the debarment or crime; (5) The age of the debarred or convicted individual when the cause of debarment or crime took place; (6) Whether the cause of the debarment or crime was an isolated or repeated event or act; (7) Any evidence of good conduct in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, or the recommendation of persons who have supervised the debarred or convicted individual since the debarment or conviction; and (8) The full criminal record of the debarred or convicted individual, any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing. Notwithstanding any other provision of this subsection, a convicted individual shall have affirmatively demonstrated rehabilitation pursuant to the provisions of this section if the convicted individual produces evidence of a pardon issued by the Governor of this or any other state, or evidence of the expungement of every conviction for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133). c. In determining whether a debarred or convicted business concern has affirmatively demonstrated rehabilitation, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing, and based upon a consideration of at least the following factors: (1) The nature and seriousness of the debarment or crime; (2) The circumstances under which the debarment was imposed or the crime was committed; (3) The date of the debarment or crime; (4) Whether the cause of debarment or crime was an isolated or repeated event or act; and (5) The full criminal record of the debarred or convicted business concern, any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing. d. The Attorney General may require, as a predicate to a determination that a debarred or convicted business concern has affirmatively demonstrated rehabilitation, that the debarred or convicted business concern agree, in writing, to an investigation of the debarment, crime or crimes committed by the debarred or convicted business concern which caused disqualification pursuant to subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), the persons involved in the debarment or crime, and any corporate policies, procedures, and organizational structure that may have led to the debarment or crime. At the conclusion of this investigation a report shall be prepared identifying the underlying conduct giving rise to the debarment or any criminal convictions and any steps that have subsequently been taken by the debarred or convicted business concern to prevent a recurrence of the acts leading to debarment or criminal activity, and recommending any steps that may be deemed necessary to prevent a recurrence of the acts leading to debarment or criminal activity. The investigation shall be conducted by, or on behalf of, the Attorney General, and the cost thereof shall be borne by the debarred or convicted business concern. The Attorney General may require, on the basis of this investigation and as a condition of recommending that a debarred or convicted business concern has affirmatively demonstrated rehabilitation, that a debarred or convicted business concern comply, or agree in writing to comply, with any of the following: (1) changes in the debarred or convicted business concern's organizational structure to reduce the opportunity and motivation of individual employees to engage in criminal activity, including procedures for informing employees of the requirements of relevant state and federal law; (2) changes in the debarred or convicted business concern's long and short term planning to ensure that the debarred or convicted business concern implements procedures and policies to prevent future violations of the law; (3) changes in the debarred or convicted business concern's legal, accounting, or other internal or external control and monitoring procedures to discourage or prevent future violations of state or federal law; (4) changes in the debarred or convicted business concern's ownership, control, personnel, and personnel selection practices, including the removal of any person shown to have a beneficial interest in the debarred or convicted business concern, and the imposition of a reward or disincentive system in order to encourage employees to comply with relevant state and federal law; (5) post-licensing monitoring of the debarred or convicted business concern's activities relating to any changes in policy, procedure, or structure required by the Attorney General pursuant to this subsection, the cost of such monitoring to be borne by the debarred or convicted business concern; and (6) any other requirements deemed necessary by the Attorney General. e. The department shall not determine that a debarred or convicted business concern has affirmatively demonstrated rehabilitation if the debarred or convicted business concern has not complied, or agreed in writing to comply, with every requirement imposed by the Attorney General pursuant to subsection d. of this section. L.1991, c.269, s.7; amended 2019, c.397, s.8.
N.J. Stat. § 13:9A-1 — NJ Code / Title 13 / Chapter 9A / Section 9A-1
Legislative intent; inventory and mapping of tidal wetlands; filing in office of county recording officer
Status: in_force

a. The Legislature hereby finds and declares that one of the most vital and productive areas of our natural world is the so-called "estuarine zone," that area between the sea and the land; that this area protects the land from the force of the sea, moderates our weather, provides a home for water fowl and for 2/3 of all our fish and shellfish, and assists in absorbing sewage discharge by the rivers of the land; and that in order to promote the public safety, health and welfare, and to protect public and private property, wildlife, marine fisheries and the natural environment, it is necessary to preserve the ecological balance of this area and prevent its further deterioration and destruction by regulating the dredging, filling, removing or otherwise altering or polluting thereof, all to the extent and in the manner provided herein. b. The Commissioner of Environmental Protection shall, within 2 years of the effective date of this act, make an inventory and maps of all tidal wetlands within the State. The boundaries of such wetlands shall generally define the areas that are at or below high water and shall be shown on suitable maps, which may be reproductions or aerial photographs. Each such map shall be filed in the office of the county recording officer of the county or counties in which the wetlands indicated thereon are located. Each wetland map shall bear a certificate of the commissioner to the effect that it is made and filed pursuant to this act. To be entitled to filing no wetlands map need meet the requirements of R.S. 47:1-6. L.1970, c. 272, s. 1, eff. Nov. 5, 1970.
N.J. Stat. § 13:1E-48.16a — NJ Code / Title 13 / Chapter 1E / Section 1E-48.16a
Preparation, adoption of sharps disposal component for district solid waste management plan.
Status: in_force

10. a. The board of chosen freeholders of each county and the New Jersey Meadowlands Commission, in accordance with standards adopted by the Commissioner of Environmental Protection in consultation with the Commissioner of Health and Senior Services, shall prepare and adopt a sharps disposal component 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.) to provide for the proper and safe disposal of medical waste generated at home within the district. b. The sharps disposal component of each district solid waste management plan shall be developed in consultation with a work group established by the governing body of the affected county and the New Jersey Meadowlands Commission, in the case of the Hackensack Meadowlands District, that includes persons not employed by or affiliated with the county or the commission, as the case may be, who have a demonstrated interest or expertise in the use and disposal of sharps, including, but not limited to, representatives of waste management companies, persons with diabetes and licensed health care facilities. c. The Commissioner of Environmental Protection shall provide such financial assistance as may be available to the commissioner for the purpose of this section to the various counties to implement the sharps disposal component of the district solid waste management plan. The commissioner shall be authorized to accept such funding as may be made available from the private sector to effectuate the purposes of this section. L.2006, c.99, s.10.
N.J. Stat. § 13:13-12.9a — NJ Code / Title 13 / Chapter 13 / Section 13-12.9a
Notice of hearing
Status: in_force

The Division of Water Policy and Supply of the Department of Conservation and Economic Development shall cause a notice of every public hearing required to be held pursuant to section 1 of the act to which this act is supplementary to be given by mail at least 10 days prior to such public hearing to every county and municipality wherein any part of the Delaware and Raritan canal is located or which abuts said canal and to every person whose property abuts said canal and to every user of the water of said canal provided, on or before January 1 in each year, a written request for notice of such public hearings is filed with the Division of Water Policy and Supply. L.1954, c. 163, p. 670, s. 1, eff. July 15, 1954.
N.J. Stat. § 13:8A-50 — NJ Code / Title 13 / Chapter 8A / Section 8A-50
Operation and maintenance of property or facilities by local unit
Status: in_force

A local unit which receives a grant under this act shall satisfactorily operate and maintain, or cause to be operated and maintained, the property or facilities acquired or developed pursuant to the conditions of the agreement between the local unit and the department when such grant is made. In the event that the local unit cannot or will not correct deficiencies in operation and maintenance within a reasonable time period, the commissioner may require the repayment of a portion of or the entire grant amount received by the local unit. L.1975, c. 155, s. 16, eff. July 15, 1975.
N.J. Stat. § 13:1D-37 — NJ Code / Title 13 / Chapter 1D / Section 1D-37
Definitions.
Status: in_force

3. As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection. "Consume" means to change or alter the molecular structure of a hazardous substance within a production process. "Department" means the Department of Environmental Protection. "Facility" means all buildings, equipment, structures, and other property that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person. "Facility-wide permit" means a single permit issued by the department to the owner or operator of a priority industrial facility incorporating the permits, certificates, registrations, or any other relevant department approvals previously issued to the owner or operator of the priority industrial facility pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1977, c.74 (C.58:10A-1 et seq.), or P.L.1954, c.212 (C.26:2C-1 et seq.), and the appropriate provisions of the pollution prevention plan prepared by the owner or operator of the priority industrial facility pursuant to section 7 and section 8 of this act. "Hazardous substance" means any substance on the list established by the United States Environmental Protection Agency for reporting pursuant to 42 U.S.C. s.11023, and any other substance which the department, pursuant to the provisions of subsection i. of section 8 of this act, defines as a hazardous substance for the purposes of this act. "Hazardous waste" means any solid waste defined as hazardous waste by the department pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.). "Industrial facility" means any facility having a Standard Industrial Classification, as designated in the Standard Industrial Classification Manual prepared by the federal Office of Management and Budget, within the Major Group Numbers, Group Numbers, or Industry Numbers listed in subsection h. of section 3 of P.L.1983, c.315 (C.34:5A-3) and which is subject to the regulatory requirements of P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1977, c.74 (C.58:10A-1 et seq.), or P.L.1954, c.212 (C.26:2C-1 et seq.). "Manufacture" means to produce, prepare, import, or compound a hazardous substance. "Multimedia release" means the release of a hazardous substance to any environmental medium, or any combination of media, including the air, water or land, and shall include any release into workplaces. "Nonproduct output" means all hazardous substances or hazardous wastes that are generated prior to storage, recycling, treatment, control, or disposal and that are not intended for use as a product. "Office" means the Office of Pollution Prevention established in the department pursuant to section 4 of this act. "Operator" means any person in control of, or exercising responsibility for, the daily operation of an industrial facility or a priority industrial facility. "Owner" means any person who owns an industrial facility or a priority industrial facility. "Person" means any individual, partnership, company, corporation, society, firm, consortium, joint venture, or any commercial or other legal entity. "Pilot facility" means a facility or designated area of a facility used for pilot-scale development of products or processes. "Pollution prevention" means: changes in production technologies, raw materials or products, that result in the reduction of the demand for hazardous substances per unit of product manufactured and the creation of hazardous products or nonproduct outputs; or changes in the use of raw materials, products, or production technologies that result in the reduction of the input use of hazardous substances and the creation of hazardous by-products or destructive results; or on-site facility changes in production processes, products, or the use of substitute raw materials that result in the reduction of the amount of hazardous waste generated and disposed of on the land or hazardous substances discharged into the air or water per unit of product manufactured prior to treatment, and that reduce or eliminate, without shifting, the risks that the use of hazardous substances at an industrial facility pose to employees, consumers, and the environment and human health. "Pollution prevention" shall include, but need not be limited to, raw material substitution, product reformulation, production process redesign or modification, in-process recycling, and improved operation and maintenance of production process equipment. "Pollution prevention" shall not include any action or change entailing a substitution of one hazardous substance, product or nonproduct output for another that results in the creation of substantial new risk, and shall not include treatment, increased pollution control, out-of-process recycling, or incineration, except as otherwise provided pursuant to subsection f. of section 7 of this act. "Pollution prevention plan" means a plan required to be prepared by an industrial facility pursuant to the provisions of section 7 of this act. "Pollution prevention plan progress report" means a report required to be submitted annually to the department by the owner or operator of an industrial facility pursuant to the provisions of section 7 of this act. "Pollution prevention plan summary" means a summary of a pollution prevention plan required to be prepared by an industrial facility and submitted to the department pursuant to the provisions of section 7 of this act. "Priority industrial facility" means any industrial facility required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. s.11023, or any other facility designated a priority industrial facility pursuant to rules and regulations adopted by the department pursuant to the provisions of subsection h. of section 8 of this act. "Process" means the preparation of a hazardous substance, after its manufacture, for sale or use in the same form or physical state, or in a different form or physical state, as that in which it was received at the industrial facility where it is processed, or as part of an article or product containing the hazardous substance. "Product" means a desired result of a production process that is used as a commodity in trade in the channels of commerce by the general public in the same form as it is produced. "Production process" means a process, line, method, activity or technique, or a series or combination of processes, lines, methods or techniques used to produce a product or reach a planned result. "Research and development laboratory" means a facility or a specially designated area of a facility used primarily for research, development, and testing activity, and not primarily involved in the production of goods for commercial sale, in which hazardous substances are used by, or under, the direct supervision of a technically qualified person. "Source" means a point or location in a production process at which a nonproduct output is generated or released, provided, however, that similar, related, or identical kinds of sources may be considered a single source for the purposes of this act. "Targeted production process" means any production process which significantly contributes to the use or release of hazardous substances or the generation of hazardous waste or nonproduct output, as determined by the owner or operator of an industrial facility pursuant to criteria established by the department. "Targeted source" means any source which significantly contributes to the generation of nonproduct output, as determined by the owner or operator of an industrial facility pursuant to criteria established by the department. "Use" means to process or otherwise use a hazardous substance. "Violation of this act" means a violation of any provision of this act, or any rule or regulation, administrative order, or facility-wide permit adopted or issued pursuant thereto. L.1991, c.235, s.3; amended 2010, c.87, s.18.
N.J. Stat. § 13:1F-7 — NJ Code / Title 13 / Chapter 1F / Section 1F-7
Powers and duties
Status: in_force

The Pesticide Control Council shall be the advisory body in the Department of Environmental Protection in matters relating to the control, regulation and use of pesticides and is empowered to: a. Request from the commissioner such information concerning pesticides as it may deem necessary; b. Study and consider any matter relating to the improvement of pesticide control programs and advise the commissioner thereon; c. From time to time submit to the commissioner such recommendations and reports which it deems necessary for the proper conduct and improvement of pesticide control programs; d. Study the use, application and disposal of pesticides and advise the commissioner thereon; e. Study pesticide control programs and make reports and recommendations thereon to the commissioner as it may deem necessary; f. Study any regulations promulgated by the department or any other governmental entity in regard to the control of pesticides and make such recommendations thereon to the commissioner as it may deem appropriate; g. Study and investigate the state of the art and the technical capabilities and limitations of regulations concerning use and control of pesticides and their relation to the environment and ecology and report its findings and recommendations thereon to the commissioner; h. Study and investigate the need for programs for long range technical support of pesticide control programs and report its findings and recommendations thereon to the commissioner; and i. Hold periodic public hearings concerning the use and application of pesticides and upon the state of the art and technical capabilities and limitations in pesticide control and report its recommendations thereon to the commissioner. L.1971, c. 176, s. 7, eff. June 1, 1971.
N.J. Stat. § 13:17-1 — NJ Code / Title 13 / Chapter 17 / Section 17-1
Declaration of purpose
Status: in_force

It is hereby declared that there are approximately 21,000 acres of salt water swamps, meadows and marshes which are commonly known as meadowlands, in the lower Hackensack river basin; that extensive portions of this area have so far resisted comprehensive development because of their low elevation, exposure to tidal waters, unfavorable soil composition, and, in some instances, their distribution among many municipalities; that this land acreage is a land resource of incalculable opportunity for new jobs, homes and recreational sites, which may be lost to the State through piecemeal reclamation and unplanned development; that much of this acreage may be subject to redevelopment under section 3, Article VIII, of the State Constitution; that the orderly, comprehensive development of these areas, due to their strategic location in the heart of a vast metropolitan area with urgent needs for more space for industrial, commercial, residential, and public recreational and other uses, can no longer be deferred; that insofar as meadowlands are State-owned lands they are an asset of the fund for the support of free public schools whose integrity may not be impaired; that while the State, in the name of the people, has an obligation to assert its interests in meadowlands that are clearly State-owned, it has an equal obligation to establish a framework within which private owners may assert their interests and take title to meadowlands that are privately-owned; that these areas need special protection from air and water pollution and special arrangements for the provision of facilities for the disposal of solid waste; that the necessity to consider the ecological factors constituting the environment of the meadowlands and the need to preserve the delicate balance of nature must be recognized to avoid any artificially imposed development that would adversely affect not only this area but the entire State; that it is the purpose of this act to meet the aforementioned needs and accomplish the aforementioned objectives by providing for a commission transcending municipal boundaries and a committee representing municipal interests which will act in concert to reclaim, plan, develop and redevelop the Hackensack meadowlands; and to safeguard fully the interests of the fund for the support of free public schools, all to the extent and manner provided herein. L.1968, c. 404, s. 1.
N.J. Stat. § 13:1E-125.6 — NJ Code / Title 13 / Chapter 1E / Section 1E-125.6
Monthly deposit of costs of post-closure monitoring.
Status: in_force

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 debris shall deposit, on a monthly basis in an interest-bearing account with an accredited financial institution, an amount determined by the department after review of the estimated costs of post-closure monitoring and operational costs, but not less than $1.00 per ton of all waste or material accepted during the preceding month at the legacy landfill or closed sanitary landfill facility. In the event that any waste or material is measured, upon acceptance, by a metric other than tons, the amount to be deposited shall be calculated by using the equivalents thereof as shall be determined by the department. The account established pursuant to this subsection shall constitute an escrow account for the post-closure monitoring and operating costs of the legacy landfill or closed sanitary landfill facility, and no withdrawals therefrom may be made without written approval of the department, except as otherwise authorized by the department. b. Any owner or operator of a legacy landfill or closed sanitary landfill facility who fails to deposit funds into an escrow account, as provided herein, or uses those funds for any purpose other than closure costs, as approved by the department, shall be guilty of a crime of the third degree. L.2013, c.69, s.6.
N.J. Stat. § 13:1E-99.45 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.45
Findings, declarations, determinations
Status: in_force

2. The Legislature finds that discarded packaging constitutes the largest single category of solid waste within New Jersey's waste stream and is, therefore, a necessary focus of any effort to reduce the flow of solid waste to costly disposal facilities; that the presence of heavy metals in packaging is a matter of great concern in light of their likely presence in emissions or ash when packaging is incinerated at a resource recovery facility, or in leachate when packaging is landfilled; that lead, mercury, cadmium and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern; that it is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of these heavy metals to packaging; and that because New Jersey is faced with a very restricted range of disposal alternatives, the reduction at the source of toxic packaging materials can make a significant contribution to the reduction of the State's overall solid waste stream. The Legislature further finds and declares that a Statewide solid waste reduction strategy must begin with fundamental changes in manufacturing practices and packaging processes; and that the most effective and appropriate method to promote reduction is to prohibit the distribution or sale of toxic packaging in this State. The Legislature therefore determines that it is in the public interest to achieve this reduction in toxicity without impeding or discouraging the expanded use of post-consumer waste materials in the production of packaging and its components. L.1991,c.520,s.2.
N.J. Stat. § 13:1B-15.142 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.142
Assessment and taxation
Status: in_force

The access covenant for recreational purposes shall not affect the assessment and taxation of agricultural land which is taxed pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C. 54:4-23.1 et seq.), nor shall it affect the assessment and taxation of vacant land or agricultural land which is not taxed pursuant to the "Farmland Assessment Act of 1964." L.1983, c. 560, s. 10, eff. Jan. 17, 1984.
N.J. Stat. § 13:1E-127.2 — NJ Code / Title 13 / Chapter 1E / Section 1E-127.2
Registration required to engage in soil and fill recycling services.
Status: in_force

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 recycling registration issued pursuant to section 1 of P.L.2019, c.397 (C.13:1E-127.1), a soil and fill recycling license issued pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), or is a licensee pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133). L.2019, c.397, s.2.
N.J. Stat. § 13:9-44.6 — NJ Code / Title 13 / Chapter 9 / Section 9-44.6
Discharge of incendiary device, operation of mechanism which might cause wildfire or machinery without spark arrestor; precautions; presumption on escape of fire
Status: in_force

No person shall discharge or cause to be discharged any incendiary device on or across any forest land, or operate a welding torch or other mechanism which may cause a wildfire, without clearing flammable material surrounding the operation or without taking such other precautions as prescribed by the department to insure against the ignition and spread of wildfire, or cause to be operated any engine, locomotive, power vehicle, equipment, or other machinery not equipped with spark arrestors or other suitable controls, approved by the department by rule to prevent the escape of fire or sparks. Spark arrestors or devices must be in good working order and in use. The department may prohibit the operation of any locomotive, rapid transit, engine, equipment, or other motorized unit not properly equipped with department approved fire protection devices. Escape of fire from such equipment shall be presumed to be evidence that it was not maintained properly in compliance with this section. Any person in violation thereof may be put upon his proof to rebut such presumption in any civil proceeding under this act. L.1981, c. 369, s. 6, eff. Dec. 30, 1981.
N.J. Stat. § 13:8A-39 — NJ Code / Title 13 / Chapter 8A / Section 8A-39
Considerations in acquisition and development of lands and in grants to assist local units
Status: in_force

In acquiring and developing lands and making grants to assist local units to acquire and develop lands the commissioner shall: a. Seek to achieve a reasonable balance among all areas of the State in consideration of the relative adequacy of area recreation and conservation facilities at the time and the relative anticipated future needs for additional recreation and conservation facilities; b. Insofar as practicable, limit acquisition to predominantly open and natural land and minimize the cost of acquisition and the subsequent expense necessary to develop such land for recreation and conservation purposes; c. Wherever possible, select land for acquisition which is suitable for multiple recreation and conservation purposes; d. Give due consideration to coordination with the plans of other departments of State Government with respect to land use or acquisition; e. Avoid acquisition of lands actively devoted to agriculture whenever possible and in lieu thereof, whenever feasible, development rights, conservation easements and other interests less than a fee simple shall be acquired; L.1975, c. 155, s. 5, eff. July 15, 1975.
N.J. Stat. § 13:9B-6 — NJ Code / Title 13 / Chapter 9B / Section 9B-6
Meadowlands, Pinelands exemptions
Status: in_force

a. Activities in areas under the jurisdiction of the Hackensack Meadowlands Development Commission pursuant to P.L. 1968, c. 404 (C. 13:17-1 et seq.) shall not require a freshwater wetlands permit, or be subject to transition area requirements, except that the discharge of dredged or fill material shall require a permit issued under the provisions of the Federal Act, or under an individual and general permit program administered by the State under the provisions of the Federal Act and applicable State laws. b. Activities in areas under the jurisdiction of the Pinelands Commission pursuant to P.L. 1979, c. 111 (C. 13:18A-1 et seq.) shall not require a freshwater wetlands permit, or be subject to transition area requirements established in this act, except that the discharge of dredged or fill material shall require a permit issued under the provisions of the Federal Act, or under an individual and general permit program administered by the State under the provisions of the Federal Act and applicable State laws, provided that the Pinelands Commission may provide for more stringent regulation of activities in and around freshwater wetland areas within its jurisdiction. L. 1987, c. 156, s. 6.
N.J. Stat. § 13:8C-14 — NJ Code / Title 13 / Chapter 8C / Section 8C-14
Property of trust declared public
Status: in_force

14. All property of the trust is declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision thereof. All bonds, notes or other obligations issued pursuant to this act are hereby declared to be issued by a body corporate and politic of the State and for an essential public and governmental purpose and the bonds, notes and other obligations, and the interest thereon and the income therefrom, and all funds, revenues, income and other moneys received or to be received by the trust and pledged or available to pay or secure the payment of the bonds, notes and other obligations, or interest thereon, shall at all times be exempt from taxation, except for transfer inheritance and estate taxes. L.1999,c.152,s.14.
N.J. Stat. § 13:9B-14 — NJ Code / Title 13 / Chapter 9B / Section 9B-14
Wetlands Mitigation Bank; council membership
Status: in_force

a. There is established in the Executive Branch of State Government the Wetlands Mitigation Bank. For the purpose of complying with Article V, section IV, paragraph 1 of the New Jersey Constitution, the bank is allocated within the Department of Environmental Protection but, notwithstanding this allocation, the bank shall be independent of any supervision or control by the department or the commissioner, or any other officer or employee thereof. b. The bank shall be governed by the Wetlands Mitigation Council which shall comprise seven members as follows: the Commissioner of Environmental Protection, who shall serve ex officio; and six members of the general public to be appointed by the Governor with the advice and consent of the Senate, two of whom shall be appointed from persons recommended by recognized building and development organizations; two of whom shall be appointed from persons recommended by recognized environmental and conservation organizations; and two of whom shall be appointed from institutions of higher learning in the State. Each of the members appointed from the general public shall serve for a term of three years and until a successor is appointed and qualified, except that of the members first appointed, two shall serve terms of one year, and two shall serve terms of two years. All vacancies, except those created through the expiration of term, shall be filled for the unexpired term only, and in the same manner, and with a member having the same class, as the original appointment. Each member shall be eligible for reappointment, but may be removed by the Governor for cause. c. A majority of the membership of the council shall constitute a quorum for the transaction of council business. Action may be taken and motions and resolutions adopted by the council at any meeting thereof by the affirmative vote of a majority of the full membership of the council. d. The Governor shall appoint a chairman from the public members and the council may appoint such other officers as may be necessary. The council may appoint such staff or hire such experts as it may require within the limits of appropriations made for these purposes. e. Members of the council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties. f. The council may call to its assistance such employees as are necessary and made available to it from any agency or department of the State or its political subdivisions. g. The council may adopt, pursuant to the "Administrative Procedure Act," and in consultation with the department, any rules and regulations necessary to carry out its responsibilities. L. 1987, c. 156, s. 14.
N.J. Stat. § 13:8A-55 — NJ Code / Title 13 / Chapter 8A / Section 8A-55
Comprehensive master plan; acquisition, development and use of open lands; annual report
Status: in_force

The Commissioner of the Department of Environmental Protection is hereby authorized and directed to develop and maintain a Comprehensive Master Plan for the acquisition, development and use of open lands in the State in conjunction with the provisions of the "New Jersey Green Acres and Recreation Opportunities Bond Act of 1974" (P.L.1974, c. 102) or any other Green Acres Bond Act adopted subsequent to the effective date of this act. This plan shall be long range in nature and be regularly revised and updated. On February 1 of each year the commissioner shall report to the Legislature on the status of the Comprehensive Master Plan. L.1977, c. 348, s. 1, eff. Jan. 30, 1978.
N.J. Stat. § 13:1E-99.21b — NJ Code / Title 13 / Chapter 1E / Section 1E-99.21b
Requirements for licensing for owner, operator of leaf composting facility
Status: in_force

a. Every person proposing to own or operate a leaf composting facility located on agricultural or horticultural land, or on lands owned or operated by a recognized academic institution, shall submit to the department for authorization a filing package which shall contain a site plan and any other information as may be prescribed by the department. b. No owner or operator of a leaf composting facility located on agricultural or horticultural land, or on lands owned or operated by a recognized academic institution, which facility is authorized by the department pursuant to this act shall be subject to the registration requirements of section 5 of P.L.1970, c.39 (C.13:1E-5) or the licensing requirements of P.L.1983, c.392 (C.13:1E-126 et seq.). L.1989,c.151,s.6.
N.J. Stat. § 13:1D-65 — NJ Code / Title 13 / Chapter 1D / Section 1D-65
Addition of bittering agent required.
Status: in_force

2. a. Any engine coolant or antifreeze manufactured on or after January 1, 2011 and subsequently sold in this State, and that contains more than 10 percent ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as an aversive or bittering agent within the product so as to render it unpalatable. b. Any manufacturer or processor of engine coolant or antifreeze subject to this section shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used pursuant to this section. Information and documentation maintained pursuant to this section shall be made available to a member of the public upon request. L.2009, c.277, s.2.
N.J. Stat. § 13:1E-109 — NJ Code / Title 13 / Chapter 1E / Section 1E-109
Monthly deposits in escrow account; violation crime of third degree; increased tariffs
Status: in_force

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 equal to $1.00 per ton of all solid waste accepted for disposal during the preceding month at the sanitary landfill facility. In the event that any solid waste is measured, upon acceptance for disposal, by other than tons, the amount to be deposited shall be calculated by using the equivalents thereof as shall be determined by the division. The account established pursuant to this subsection shall constitute an escrow account for the closure of the particular sanitary landfill facility, and no withdrawals therefrom may be made without written approval of the department, except as otherwise authorized by the department. b. Any owner or operator of a sanitary landfill facility who shall fail to deposit funds into an escrow account, as provided herein, or uses those funds for any purpose other than closing costs, as approved by the department, shall be guilty of a crime of the third degree. c. The Board of Public Utilities may, in accordance with the provisions of P.L.1970, c. 40 (C. 48:13A-1 et seq.), issue an appropriate order increasing current tariffs established pursuant to law for the solid waste disposal operations of a sanitary landfill facility as may be necessary to purchase general liability insurance, including environmental impairment liability insurance, or to create a self-insurance fund sufficient to meet anticipated present and future obligations for the closure and post-closure period. Any additional revenues specifically collected for this insurance or fund shall be deposited in the escrow account established pursuant to subsection a. of this section for the closure of the facility and shall be withdrawn only for the purchase of insurance or the payment of claims or claims costs made against the owner or operator of the sanitary landfill facility, as authorized by the department. No withdrawals from an escrow account shall be made for insurance costs, claims or claims costs unless and until the board issues an appropriate order increasing the relevant tariff to provide specifically for these costs. L. 1981,c.306, s.10; amended by L. 1987,c.347,s.2.
N.J. Stat. § 13:18A-45 — NJ Code / Title 13 / Chapter 18A / Section 18A-45
Matching grants
Status: in_force

If the board has delegated its authority pursuant to the provisions of section 15 of this act, it may provide, upon application therefor and approval thereof, matching grants to the county bank for the purpose of meeting the obligation of this delegation. These grants may be applied retroactively to January 14, 1981. L. 1985, c. 310, s. 16, eff. Aug. 28, 1985.
N.J. Stat. § 13:17A-4.1 — NJ Code / Title 13 / Chapter 17A / Section 17A-4.1
Siting restriction
Status: in_force

The Governor may designate or redesignate the site for a food distribution center in a municipality or municipalities located in any county with land located in, or bordering on, the district. L. 1985, c. 499, s. 6, eff. Jan. 21, 1986.
N.J. Stat. § 13:1D-6 — NJ Code / Title 13 / Chapter 1D / Section 1D-6
Director of division of environmental quality
Status: in_force

The Director of the Division of Environmental Quality shall be appointed by the commissioner, subject to the approval of the Governor, and shall serve at the pleasure of the commissioner. The director shall receive such salary as shall be provided by law. The director shall administer the work of such division under the direction and supervision of the commissioner, and shall perform such other functions of the department as the commissioner may prescribe. L.1970, c. 33, s. 9, eff. April 22, 1970.
N.J. Stat. § 13:1E-48.7 — NJ Code / Title 13 / Chapter 1E / Section 1E-48.7
Generator registration, fees
Status: in_force

Every generator shall register with the Department of Environmental Protection on a form prescribed by the department, and pay an annual fee therefor in an amount set by the department pursuant to a rule or regulation adopted in accordance with the "Administrative Procedure Act." The department shall set annual fees based upon the volume of the regulated medical waste produced by the generator. The annual fees shall not exceed the following limitations: I. Under 50 pounds per year ..................... $100.00. II. 50 - 200 pounds per year ..................... $300.00. III. Over 200 - 300 pounds per year................ $500.00. IV. Over 300 - 1000 pounds per year ............. $1,000.00. V. Over 1000 pounds per year .................. $3,500.00. The generator shall indicate on the registration form the name of every transporter retained by the generator to collect the generator's regulated medical waste. L.1989, c.34, s.7; amended 1989,c.240,s.1.
N.J. Stat. § 13:9B-12 — NJ Code / Title 13 / Chapter 9B / Section 9B-12
Accessibility to approved site
Status: in_force

If a freshwater wetlands permit is approved and issued pursuant to the provisions of this act the department shall waive or modify the requirement for a transition area to the extent required to provide access to the site of the approved regulated activity. L. 1987, c. 156, s. 12.
N.J. Stat. § 13:9-44.14 — NJ Code / Title 13 / Chapter 9 / Section 9-44.14
Program for prescribed burning, fees.
Status: in_force

4. a. The Department of Environmental Protection shall develop and administer a program for prescribed burning on public and private lands under which the department may authorize a person to conduct a prescribed burn pursuant to a prescribed burn plan approved by the department. b. The department may charge a reasonable fee to cover the costs associated with the program. All such fees collected shall be credited to a special dedicated account in the General Fund and appropriated to the Forest Fire Service to help pay for the administration and operation of its forest fire programs. c. A person who desires to conduct a prescribed burn only on land for which the person is the landowner or lessee shall not be required to become certified. L.2018, c.107, s.4.
N.J. Stat. § 13:1E-99.28 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.28
Recyclable paving materials
Status: in_force

The provisions of R.S. 27:2-1 et seq. or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the Commissioner of Transportation shall, upon consultation with the department, review and modify all bid and paving material and sub base specifications relating to the purchase of recyclable asphalt pavement, crushed concrete sub base, foundry slag and paving materials utilizing recycled materials, including, but not limited to, crumb rubber from automobile tires, ash, glass and glassy aggregates, to provide that the specifications encourage the maximum purchase of recyclable asphalt pavement and paving materials utilizing recycled materials. L. 1987, c. 102, s. 20.
N.J. Stat. § 13:1E-133.2 — NJ Code / Title 13 / Chapter 1E / Section 1E-133.2
Reestablished good character, honesty, integrity; licensing.
Status: in_force

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 the business of an applicant, permittee or licensee, or business concern that has been issued a soil and fill recycling license, or to have rented or leased at any or no cost real property, vehicles or other equipment used for the collection, transportation, treatment, processing, storage, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, to the applicant, the permittee, or the licensee, or business concern that has been issued a soil and fill recycling license, for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c.392 (C.13:1E-133), the department may issue or renew a license or a soil and fill recycling license to an applicant, permittee or licensee, or business concern that has been issued a soil and fill recycling license if the department determines in a writing setting forth findings of fact that the person against whom there are current prosecutions or pending charges has affirmatively reestablished a reputation for good character, honesty and integrity by clear and convincing evidence pursuant to the provisions of this section. If the department determines that the nature and seriousness of the crime alleged in a current prosecution or pending charge creates a reasonable doubt that an applicant, permittee, or licensee, or business concern that has been issued a soil and fill recycling license will engage in the activity for which a license is sought in a lawful and responsible manner, the department shall make a determination in a writing setting forth findings of fact that the person against whom there are current prosecutions or pending charges cannot reestablish a reputation for good character, honesty and integrity. A person may affirmatively reestablish a reputation for good character, honesty and integrity pursuant to this section in advance of the disposition of the current prosecutions or pending charges provided that this reestablishment consists of evidence of good character, honesty and integrity rather than any defenses to the current prosecutions or pending charges. A reestablishment of a reputation for good character, honesty and integrity pursuant to this section shall not be deemed insufficient due to a lack of admission of guilt to the current prosecutions or pending charges. b. In determining whether an individual against whom there are current prosecutions or pending charges has affirmatively reestablished a reputation for good character, honesty and integrity, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing, and based upon a consideration of at least the following factors: (1) The nature and responsibilities of the position which the individual against whom there are current prosecutions or pending charges would hold; (2) The nature and seriousness of the alleged crime; (3) The circumstances under which the alleged crime was committed; (4) The date of the alleged crime; (5) The age of the individual against whom there are current prosecutions or pending charges when the alleged crime was committed; (6) Whether the alleged crime was an isolated or repeated act; (7) Any evidence of good conduct in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, or the recommendation of persons who have supervised the individual since the date of the alleged crime; and (8) The full criminal record of the individual against whom there are current prosecutions or pending charges, any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing. c. In determining whether a business concern against whom there are current prosecutions or pending charges has affirmatively reestablished a reputation for good character, honesty and integrity, the department shall request a recommendation thereon from the Attorney General, which recommendation shall be in writing, and based upon a consideration of at least the following factors: (1) The nature and seriousness of the alleged crime; (2) The circumstances under which the alleged crime was committed; (3) The date of the alleged crime; (4) Whether the alleged crime was an isolated or repeated act; and (5) The full criminal record of the business concern against whom there are current prosecutions or pending charges, any record of civil or regulatory violations or notices or any complaints alleging any such civil or regulatory violations, or any other allegations of wrongdoing. d. The Attorney General may require, as a predicate to a determination that a business concern against which there are current prosecutions or pending charges has affirmatively reestablished a reputation for good character, honesty and integrity, that the business concern agree, in writing, to an investigation of the alleged crime or crimes committed by the business concern, the persons involved in the alleged crime, and any corporate policies, procedures, and organizational structure that may have led to the alleged crime. At the conclusion of this investigation a report shall be prepared identifying the underlying conduct giving rise to any alleged criminal activity and any steps that have subsequently been taken by the business concern to prevent a recurrence of the alleged criminal activity, and recommending any steps that may be deemed necessary to prevent a recurrence of the alleged criminal activity. The investigation shall be conducted by, or on behalf of, the Attorney General, and the cost thereof shall be borne by the business concern. The Attorney General may require, on the basis of this investigation and as a condition of recommending that a business concern against which there are current prosecutions or pending charges has affirmatively reestablished a reputation for good character, honesty and integrity, that a business concern comply, or agree in writing to comply, with any of the following: (1) changes in the business concern's organizational structure to reduce the opportunity and motivation of individual employees to engage in criminal activity, including procedures for informing employees of the requirements of relevant state and federal law; (2) changes in the business concern's long and short term planning to ensure that the business concern implements procedures and policies to prevent future violations of state or federal law; (3) changes in the business concern's legal, accounting, or other internal or external control and monitoring procedures to discourage or prevent future violations of state or federal law; (4) changes in the business concern's ownership, control, personnel, and personnel selection practices, including the removal of any person shown to have a beneficial interest in the business concern, and the imposition of a reward or disincentive system in order to encourage employees to comply with relevant state and federal law; (5) post-licensing monitoring of the business concern's activities relating to any changes in policy, procedure, or structure required by the Attorney General pursuant to this subsection, the cost of such monitoring to be borne by the business concern; and (6) any other requirements deemed necessary by the Attorney General. e. The department shall not determine that a business concern against which there are current prosecutions or pending charges has affirmatively reestablished a reputation for good character, honesty and integrity if the business concern has not complied, or agreed in writing to comply, with every requirement imposed by the Attorney General pursuant to subsection d. of this section. L.1991, c.269, s.8; amended 2019, c.397, s.9.
N.J. Stat. § 13:1J-3 — NJ Code / Title 13 / Chapter 1J / Section 1J-3
Exploration for, extraction, milling or processing; prohibition
Status: in_force

No person shall explore, beyond the reconnaissance phase, or extract, mill or process fissionable source materials in this State. L.1981, c. 130, s. 3, eff. May 4, 1981.
N.J. Stat. § 13:1D-147 — NJ Code / Title 13 / Chapter 1D / Section 1D-147
Construction of act relative to preservation area of Highlands Region.
Status: in_force

19. Nothing in this act shall be construed to apply to, or affect in any way, the preservation area of the Highlands Region as defined pursuant to P.L.2004, c.120 (C.13:20-1 et al.), or the authority of any State department or agency to adopt any rules and regulations for the preservation area. L.2004,c.89,s.19.
N.J. Stat. § 13:1E-99.57 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.57
Request for copy of declaration of exemption, certificate of compliance
Status: in_force

14. A member of the public may request a package manufacturer, product manufacturer or distributor for a copy of the declaration of exemption or certification of compliance for any specified package or packaging component. The request shall be made in writing with a copy thereof provided to the department. The package manufacturer, product manufacturer or distributor shall respond, in writing, within 60 days of receipt of the request and shall provide a copy of this response to the department. L.1991,c.520,s.14.
N.J. Stat. § 13:9-44.12 — NJ Code / Title 13 / Chapter 9 / Section 9-44.12
Findings, declarations relative to prescribed burns.
Status: in_force

2. The Legislature finds and declares that prescribed burning is a public safety tool the primary purpose of which is to reduce the danger of uncontrolled wildfire; that it is also a resource protection and land management technique which benefits forests and other natural resources, the environment, and the economy of the State; that prescribed burning reduces naturally occurring vegetative fuels within forested areas and other types of ecosystems, and thereby lessens the risk and severity of major wildfire and the possible resulting loss of life and property; that New Jersey's changing population places suburban development directly adjacent to fire-prone lands; and that the use of prescribed burning to manage wildland fire fuels in those interface areas would substantially reduce the threat of damaging wildfire in suburban communities. The Legislature further finds and declares that forested land, agricultural land, grassland, coastal marshland, and other open lands constitute significant economic, biological, and aesthetic resources of Statewide importance; that the ecology of the Pine Barrens region in particular requires periodic fire for maintenance of ecological integrity; that proper prescribed burning on those lands serves to reduce hazardous accumulations of wildland fire fuels, prepares sites for both natural and artificial forest regeneration, improves wildlife habitat, controls insects and disease, and perpetuates fire dependent ecosystems; and that proper application of prescribed burning is essential to the existence, continuation, restoration, and management of many plant and animal communities, and the resulting vegetative growth benefits rare, threatened, and endangered species, songbirds, and other game and nongame species. The Legislature also finds and declares that as New Jersey's population continues to grow, pressures from liability issues and smoke nuisance complaints cause prescribed burn practitioners to limit prescribed burn activity, thereby reducing the above described benefits of these burns to the State; and that public misunderstanding of the benefits of prescribed burning to the ecological and economic welfare of the State inhibits full use of this valuable resource management tool. The Legislature therefore determines that it is the purpose of this act to authorize and promote the continued use of prescribed burning for public safety, wildfire control, and ecological, silvicultural, agricultural, and natural resource management purposes; that it is appropriate and useful to allow prescribed burning, as authorized by this act, under all other State laws and regulations and exempt from all local laws and regulations prohibiting open burning or the burning of forests and other types of ecosystems; and that prescribed burning of wildland fire fuels is to be considered an acceptable practice of a landowner. L.2018, c.107, s.2.
N.J. Stat. § 13:8B-3 — NJ Code / Title 13 / Chapter 8B / Section 8B-3
Acquisition and enforcement of conservation or historic preservation restrictions
Status: in_force

A conservation restriction or an historic preservation restriction may be acquired by the Commissioner of Environmental Protection in the name of State, or by any local unit, or by any charitable conservancy in the same manner as other interest in land may be acquired by gift, purchase or devise and, in the case of the State or local unit, by condemnation. Such restrictions may be enforced in the same manner as other interests in land, and shall entitle representatives of the holder of such restriction to enter the land or water area involved in a reasonable manner and at reasonable times so as to assure compliance with the provisions of said restriction. L.1979, c. 378, s. 3, eff. Feb. 5, 1980.
N.J. Stat. § 13:1G-8 — NJ Code / Title 13 / Chapter 1G / Section 1G-8
Motor vehicles; inspections; compliance with standards of noise control
Status: in_force

Any motor vehicle which is subject to inspection by the Division of Motor Vehicles or any other duly authorized body shall, as a condition of compliance with said inspection, pass such tests as may be required to demonstrate that the motor vehicle compliance with any standards and requirements for the control of noise established by the New Jersey State Department of Environmental Protection which are applicable to such motor vehicle. L.1971, c. 418, s. 8, eff. Jan. 24, 1972.
N.J. Stat. § 13:1E-218 — NJ Code / Title 13 / Chapter 1E / Section 1E-218
Statewide public information and education program.
Status: in_force

6. a. The organization under contract with the department pursuant to section 2 of P.L.1999, c.418 (C.13:1E-99.2b et al.) on the effective date of P.L.2002, c.128 (C.13:1E-213 et al.) shall administer a Statewide public information and education program concerning antilittering activities and other aspects of responsible solid waste handling behavior as part of the Clean Communities Program. b. The contract to administer the Clean Communities Statewide public information and education program concerning antilittering activities and other aspects of responsible solid waste handling behavior shall provide (1) the terms and conditions of the contract; (2) conditions under which the contract may be terminated and grant funds recaptured by the Department of Environmental Protection; and (3) that the Commissioner of Environmental Protection and the State Treasurer, or their designees, are included as members on the Board of Trustees of the organization. c. The contract shall be for a period of two years and a contract recipient shall be eligible for a subsequent contract unless the recipient is otherwise disqualified or fails to meet the conditions provided in subsection d. of this section. d. An organization may be awarded a contract with the department if it meets the following criteria: (1) the organization is exempt from federal income tax under section 501(c)(3) of the United States Internal Revenue Code (26 U.S.C.s.501(c)(3)); (2) the organization qualifies for tax deductible contributions under section 170(b)(1)(A)(vi) or (viii) of the United States Internal Revenue Code (26 U.S.C.s.170(b)(1)(A)(vi) or (viii)); (3) the organization is incorporated under and subject to the provisions of Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes and the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.); (4) the sole purpose of the organization is the funding and administration of a Statewide public information and education program concerning antilittering activities and other aspects of responsible solid waste handling behavior as part of the Clean Communities Program; (5) the organization demonstrates that it has raised funds or has the capability to raise funds from the private sector for the same purposes moneys in the Clean Communities Program Fund are appropriated; and (6) the membership of the governing board of the organization consists of representatives of private sector companies or organizations that were subject to the provisions of section 6 of P.L.1985, c.533 (C.13:1E-99.1) prior to December 31, 2000, representatives of the public sector who are local clean community coordinators duly appointed by their county or municipal governing bodies, the Commissioner of Environmental Protection and the State Treasurer or their designees, and representatives of community organizations, academia and organizations that have an interest in litter prevention and education. L.2002,c.128,s.6.
N.J. Stat. § 13:8C-56 — NJ Code / Title 13 / Chapter 8C / Section 8C-56
Report to Governor, Legislature.
Status: in_force

14. Within one year after the date of enactment of this act, and biennially thereafter, the Garden State Preservation Trust, after consultation with the Department of Environmental Protection, the State Agriculture Development Committee, and the New Jersey Historic Trust shall submit to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a written report, which shall: a. Describe the progress being made with respect to the acquisition and development of lands for recreation and conservation purposes, including lands that have incurred flood or storm damage or are likely to do so, or that may buffer or protect other properties from flood or storm damage, the preservation of farmland, and the preservation of historic properties, and provide recommendations with respect to any legislative, administrative, or local action that may be required to enable the Department of Environmental Protection, the State Agriculture Development Committee, and the New Jersey Historic Trust to meet their goals and objectives; b. Tabulate, both for the reporting period and cumulatively, the total acreage for the entire State, and the acreage in each county and municipality, of lands acquired for recreation and conservation purposes, including lands that protect water supplies and lands that have incurred flood or storm damage or are likely to do so, or that may buffer or protect other properties from flood or storm damage, using (1) funding provided by this act, and (2) any other funding provided for such purposes; c. Tabulate, both for the reporting period and cumulatively, the total acreage for the entire State, and the acreage in each county and municipality, of farmland preserved for farmland preservation purposes using (1) funding provided by this act, and (2) any other funding provided for such purposes; d. Tabulate, both for the reporting period and cumulatively, the total acreage for the entire State, and the acreage in each county and municipality, of any donations of land for recreation and conservation purposes or farmland preservation purposes; e. List, both for the reporting period and cumulatively, and by location by county and municipality, all stewardship activities funded pursuant to subsection b. of section 6 of this act and paragraph (2) of subsection b. of section 8 of this act; f. List, both for the reporting period and cumulatively, and by project name, project sponsor, and location by county and municipality, all historic preservation projects, including emergency intervention and the acquisition of historic preservation easements, funded with constitutionally dedicated CBT moneys in whole or in part; g. Indicate those areas of the State where, as designated by the Department of Environmental Protection in the Open Space Master Plan prepared pursuant to section 5 of P.L.2002, c.76 (C.13:8C-25.1), the acquisition and development of lands by the State for recreation and conservation purposes, including lands that have incurred flood or storm damage or are likely to do so, or that may buffer or protect other properties from flood or storm damage, is planned or is most likely to occur, and those areas of the State where there is a need to protect water resources, including the identification of lands where protection is needed to assure adequate quality and quantity of drinking water supplies in times of drought, indicate those areas of the State where the allocation of constitutionally dedicated CBT moneys for farmland preservation purposes is planned or is most likely to occur, and provide a proposed schedule and expenditure plan for those acquisitions, developments, and allocations, for the next reporting period, which shall include an explanation of how those acquisitions, developments, and allocations will be distributed throughout all geographic regions of the State to the maximum extent practicable and feasible; h. List any surplus real property owned by the State or an independent authority of the State that may be utilizable for recreation and conservation purposes or farmland preservation purposes, and indicate what action has been or must be taken to effect a conveyance of those lands to the department, the committee, local government units, qualifying tax exempt nonprofit organizations, or other entities or persons so that the lands may be preserved and used for those purposes; i. List, for the reporting period, all projects for which applications for funding under the Green Acres, Blue Acres, farmland preservation, and historic preservation programs were received but not funded with constitutionally dedicated CBT moneys or other funds during the reporting period, and the reason or reasons why those projects were not funded; j. Tabulate, both for the reporting period and cumulatively, the total acreage for the entire State, and the acreage in each county and municipality, of lands acquired for recreation and conservation purposes that protect water resources and that have incurred flood or storm damage or are likely to do so, or that may buffer or protect other properties from flood or storm damage; and k. Describe any other information or statistics necessary to document the expenditure of funds pursuant to this act in conjunction with the expenditure of funds pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) and any Green Acres bond act. L.2016, c.12, s.14.
N.J. Stat. § 13:8A-11 — NJ Code / Title 13 / Chapter 8A / Section 8A-11
Grants by state treasurer upon approval by commissioner; amount of grant
Status: in_force

Grants under this act shall be made by the State Treasurer upon certification of approval by the commissioner. Each grant shall be in an amount equal to 50% of the actual price to be paid for the lands in question. L.1961, c. 45, p. 481, s. 11.
N.J. Stat. § 13:8A-8 — NJ Code / Title 13 / Chapter 8A / Section 8A-8
Manner of acquisition of lands by local unit with state assistance
Status: in_force

Lands approved by the commissioner for acquisition by a local unit with State assistance shall be acquired by and in the name of the local unit and may be acquired in any manner authorized by law for the acquisition of lands for such purposes by the local unit. L.1961, c. 45, p. 480, s. 8.
N.J. Stat. § 13:16-3 — NJ Code / Title 13 / Chapter 16 / Section 16-3
Meaning of terms
Status: in_force

The following terms whenever used or referred to in this act have the following meanings, except where the context clearly indicates otherwise: (a) "Commissioner" shall mean the Commissioner of the Department of Conservation and Economic Development or his designated representative. (b) "Department" shall mean the Department of Conservation and Economic Development. (c) "Division" shall mean the Division of Economic Development of the Department of Conservation and Economic Development. (d) "Survey" shall mean any study of the feasibility of locating within this State a specific industrial or business concern, including but not limited to an analysis of the potential market, plant or business location, availability of raw materials or land use zone requirements, topographic characteristics, labor supply, profitability and other financial considerations. (e) "Economic Development Agency" shall mean any county, municipality, other governmental agency or nonprofit agency, or a combination thereof, which is engaged in economic development programs to expand, locate or relocate industry and improve commerce or trade in its area of responsibility, and including but not limited to, the following: (1) "International and Domestic Trade Agency" shall mean any nonprofit corporation, organization, association or agency that is properly designated to encourage, stimulate and advance trade between the States of the union and between nations internationally and which conducts studies, promotional programs and activities relating to the increase of production of New Jersey manufactured products. (2) "Agricultural Marketing Agency." This will apply to any nonprofit corporation, organization, association or agency that has been established to advance, promote and otherwise increase the marketing potential of agricultural products indigenous to its area. (3) "Convention-Promotion Agency." This term is defined as a nonprofit corporation that is organized to attract, promote and otherwise stimulate the convention business in its respective area. (4) "Tourist Vacation Trade Agency." This term is defined as any nonprofit corporation, organization, association or similar agency that is properly designated and which conducts programs to promote, advertise, study and attract the tourist visitor and improve vacation business in the area it serves. (5) "Research and Science Advancement Agency." This term is defined as any nonprofit corporation that has been designated to advance the interest of research, science and product development within the area it serves or within the entire State of New Jersey. (6) "Nonprofit Agency." This term shall apply to those agencies designated to promote and execute plans for expanding economic development, conduct studies, promotional programs and related activity to increase the economic climate of the area it serves. (f) "Promotion." This term is defined as including advertising, brochures, reports, exhibits, radio, television and other media to attract, stimulate and otherwise generate business in the area of service and in the category defined. (g) "Matching Funds." This term shall be defined as the matching of funds allocated by the State under the terms of this act to an economic development agency, and in no instance shall the matching funds exceed the amounts that the agency shall itself appropriate and expend. (h) "Eligibility." The term "eligibility" shall apply to the matter of any nonprofit corporation, organization, association or agency, municipality, county, other governmental agency or combination thereof that may apply to the State for financial assistance and such eligibility shall be determined by rules and regulations established by the Commissioner of Conservation and Economic Development. L.1966, c. 130, s. 3, eff. June 17, 1966.
N.J. Stat. § 13:1E-99.34a — NJ Code / Title 13 / Chapter 1E / Section 1E-99.34a
Mobile electronic waste destruction units, operation without DEP permit.
Status: in_force

1. a. Notwithstanding the provisions of subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, the owner or operator of a mobile unit that crushes, shreds, or otherwise destroys electronic storage devices for the purpose of destroying the data contained therein shall not be required to obtain prior approval to operate the mobile unit from the Department of Environmental Protection as long as the owner or operator of the mobile unit submits a certification to the department, in writing, that the mobile unit is certified by the National Association for Information Destruction. b. The material generated from the destruction of electronic storage devices by the mobile unit shall be delivered for processing to a recycling center authorized to operate by the department pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) or to an otherwise authorized recycler that operates in compliance with all applicable federal, state, and local laws, regulations, and ordinances. c. As used in this section, "electronic storage device" means a hard drive or other electronic data storage device. L.2015, c.188, s.1.
N.J. Stat. § 13:1M-8 — NJ Code / Title 13 / Chapter 1M / Section 1M-8
Restoration of surface
Status: in_force

A holder of a permit issued under section 2 of this act shall restore, or cause to be restored, the land surface within the area disturbed in siting, drilling and plugging and abandonment of the well, in accordance with rules and regulations adopted by the department. L. 1985, c. 432, s. 8, eff. Jan. 13, 1986.
N.J. Stat. § 13:1K-3 — NJ Code / Title 13 / Chapter 1K / Section 1K-3
Status and disposition of confiscated or detained property
Status: in_force

Property confiscated or detained pursuant to this act shall be deemed to be in the custody of the State and subject only to the judgments and orders of the court. Whenever property is seized under this provision the State may: a. Detain such conveyance by affixing thereto a statement or other appropriate marking, giving notice that it is being confiscated. b. Require that the department take custody of the property and remove it to an appropriate location for disposition in accordance with law. L.1981, c. 387, s. 3, eff. Jan. 6, 1982.
N.J. Stat. § 13:1B-18 — NJ Code / Title 13 / Chapter 1B / Section 1B-18
Powers and duties of public housing and development authority to be performed through Division of Veterans' Services
Status: in_force

The functions, powers and duties of the public housing and development authority under and pursuant to "An act providing for housing for veterans of World War II and other people of the State and declaring an emergency in respect thereto," approved October first, one thousand nine hundred and forty-six (P.L.1946, c. 323), shall be exercised and performed through the Division of Veterans' Services in the department. L.1948, c. 448, p. 1795, s. 20, eff. Oct. 25, 1948.
N.J. Stat. § 13:1D-114 — NJ Code / Title 13 / Chapter 1D / Section 1D-114
Information on permit applications
Status: in_force

1. The Department of Environmental Protection shall compile information and maintain records concerning the review of, and actions taken on, permit applications filed with the department, including, but not limited to, the following information: (1) the number of permit applications received; (2) the number of permits issued, modified, and denied; (3) the number of permit applications pending; (4) the number of permit applications deemed complete but not issued, modified, or denied; (5) the status of all permit applications related to the same project or regulated activity undertaken, conducted, or engaged in by the applicant; (6) the average period of time that elapses between the receipt of a permit application and an administrative review of the application for completeness; (7) the average period of time that elapses between an administrative review of a permit application for completeness and its being deemed complete; (8) the average period of time that elapses between a permit application being deemed complete and the issuance, modification, or denial of the permit; (9) the average total period of time that elapses between the receipt of a permit application and the issuance, modification, or denial of the permit; and (10) the number of personnel in each permit program assigned to review each type of permit. To the extent practicable, the information required under this section shall be provided by class or category of permit, as established pursuant to section 1 of P.L.1991, c.423 (C.13:1D-105). For purposes of this act: "Permit" shall have the same meaning as in section 1 of P.L.1991, c.421 (C.13:1D-101). "Administrative review" means a review to determine if all of the information identified on a checklist, which is required for a permit application to be deemed complete, has been submitted to the department. L.1991,c.417,s.1.
N.J. Stat. § 13:1E-96.7 — NJ Code / Title 13 / Chapter 1E / Section 1E-96.7
Annual appropriations; conditions.
Status: in_force

6. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following: (1) appropriate the amounts specified pursuant to paragraph (1) of subsection b. of section 5 of P.L.1981, c.278 (C.13:1E-96) for use by the Department of Environmental Protection for direct recycling grants to counties and municipalities; and (2) appropriate the balance of the State Recycling Fund established pursuant to section 5 of P.L.1981, c.278 (C.13:1E-96) for the purposes set forth in paragraphs (2), (3) and (4) of subsection b. of that section. b. If the requirements of subsection a. of this section are not met on the effective date of an annual appropriations act for the State fiscal year, or if an amendment or supplement to an annual appropriations act for the State fiscal year should violate any of the requirements of subsection a. of this section, the Director of the Division of Budget and Accounting in the Department of the Treasury shall, not later than five days after the enactment of the annual appropriations act, or an amendment or supplement thereto, that violates any of the requirements of subsection a. of this section, certify to the Director of the Division of Taxation that the requirements of subsection a. of this section have not been met. L.2007, c.311, s.6.
N.J. Stat. § 13:8A-26 — NJ Code / Title 13 / Chapter 8A / Section 8A-26
Acquisition of lands by local units
Status: in_force

Lands approved by the commissioner for acquisition by a local unit with State assistance shall be acquired by and in the name of the local unit and may be acquired in any manner authorized by law for the acquisition of lands for such purposes by the local unit. L.1971, c. 419, s. 8, eff. Jan. 24, 1972.
N.J. Stat. § 13:1B-15.144 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.144
Report
Status: in_force

The commissioner shall submit a written report to the Governor and to the Legislature within one year of the effective date of this act. The report shall detail the effectiveness of the Open Lands Management Program in increasing recreational opportunities and the advisability of continuing the program at its current level, expanding the program Statewide or terminating the program. L.1983, c. 560, s. 12, eff. Jan. 17, 1984.
N.J. Stat. § 13:1D-66 — NJ Code / Title 13 / Chapter 1D / Section 1D-66
Immunity from liability.
Status: in_force

3. A manufacturer, processor, seller, distributor, or recycler of engine coolant or antifreeze that is required pursuant to this act to include a bittering agent shall not be liable to any person for any personal injury, death, damage to property, damage to the environment or natural resources, or economic loss that results from the inclusion of the bittering agent in the engine coolant or antifreeze in the concentration required by this act unless the personal injury, death, damage to the property, damage to the environment or natural resources, or economic loss results from willful conduct of the manufacturer, processor, seller, distributor, or recycler of the engine coolant or antifreeze. L.2009, c.277, s.3.
N.J. Stat. § 13:1E-99.33 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.33
Recycling activities outside BPU jurisdiction
Status: in_force

40. a. Any person engaged in the business of solid waste collection or solid waste disposal in accordance with the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et al.) or any other act may engage in recycling or otherwise provide recycling services in this State. b. The Board of Public Utilities shall not have jurisdiction over charges or rates for recycling or services provided by persons engaging in the business of recycling or otherwise providing recycling services in this State. L.1987,c.102,s.40; amended 1991,c.381,s.42.
N.J. Stat. § 13:1E-99.114 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.114
Report posted on website, submitted to Legislature.
Status: in_force

21. By January 1, 2014, the department shall prepare a report, which shall be posted on the department's Internet website and submitted, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, assessing the success or failure of the electronic waste management system implemented pursuant to the provisions of P.L.2007, c.347 (C.13:1E-99.94 et seq.) relative to the statutory management of covered electronic devices in other states, including jurisdictions that have adopted a producer responsibility model versus those that have adopted an advance recovery fee approach, or both, with respect to the recycling of used televisions and other covered electronic devices. L.2007, c.347, s.21; amended 2008, c.130, s.18; 2016, c.87, s.15.
N.J. Stat. § 13:1E-48.23b — NJ Code / Title 13 / Chapter 1E / Section 1E-48.23b
Violations, revocation of health care professionals' license; application for reissuance.
Status: in_force

5. In addition to any other applicable penalties, if, after a hearing, the Commissioner of Environmental Protection or Commissioner of Health and Senior Services determines that a violation of P.L.1989, c.34 (C.13:1E-48.1 et al.), or any rule or regulation adopted pursuant thereto, has been committed by a health care professional, then the appropriate professional licensing board of the health care professional, or the Division of Consumer Affairs in the Department of Law and Public Safety, as the case may be, after a hearing, may suspend or revoke the health care professional's license or other authorization to practice in the State. After completion of the term of suspension, a health care professional may, after a hearing, reapply to the appropriate professional licensing board of the health care professional, or the Division of Consumer Affairs, to have their license reinstated. a. If a violation is committed by a health care professional who is licensed or residing in another state, the Attorney General of New Jersey shall notify the Attorney General or other equivalent authority of that state within 30 days. b. If information concerning a health care professional licensed in this State and found in violation of another state's medical waste disposal laws is received by the Attorney General or another State governmental entity, the Attorney General or the other State governmental entity shall forward the information to the appropriate professional licensing board, or the Division of Consumer Affairs as the case may be. Within 60 days, the appropriate professional licensing board or the division shall determine if the information is sufficient to hold a hearing and consider the licensure suspension under this section. L.2012, c.65, s.5.
N.J. Stat. § 13:1D-14 — NJ Code / Title 13 / Chapter 1D / Section 1D-14
Transfer of records and equipment
Status: in_force

a. All files, books, papers, records, equipment and other property of any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Environmental Protection or to any agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department or agency to which such assignment or transfer has been made hereunder. b. All files, books, papers, records, equipment and other property of any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Labor and Industry or the Department of Institutions and Agencies, shall upon the effective date of this act be transferred to the department or agency to which such assignment or transfer has been made hereunder. L.1970, c. 33, s. 17, eff. April 22, 1970.
N.J. Stat. § 13:1E-82 — NJ Code / Title 13 / Chapter 1E / Section 1E-82
Conflict of interest of member, officer, employee or agent of commission
Status: in_force

a. No member, officer, employee, or agent of the commission shall take any official action on any matter in which he has a direct or indirect financial interest. b. Any commission action taken or approval granted in violation of this section is voidable. c. Any person who knowingly violates any provision of this section shall forfeit his office or employment and is guilty of a crime of the fourth degree. L.1981, c. 279, s. 34, eff. Sept. 10, 1981.
N.J. Stat. § 13:8C-18 — NJ Code / Title 13 / Chapter 8C / Section 8C-18
Transfers for deposit to preservation trust funds
Status: in_force

18. a. In each State fiscal year, from State fiscal year 2000 through and including State fiscal year 2009, the trust shall transfer to the State Treasurer for deposit into: (1) the Garden State Green Acres Preservation Trust Fund, established pursuant to section 19 of this act, 60% of such amounts as are available from: (a) the amount paid to the trust for that State fiscal year pursuant to subsection c. of section 17 of this act, net of the amount necessary to be deposited in the Garden State Historic Preservation Trust Fund pursuant to paragraph (3) of this subsection and net of any amount that shall be retained by the trust to make any necessary payments related to bonds, notes or other obligations, including refunding bonds, issued by the trust; and (b) such proceeds raised by the trust for the purposes set forth in Article VIII, Section II, paragraph 7 of the State Constitution and this act through the issuance of bonds, notes or other obligations; (2) the Garden State Farmland Preservation Trust Fund, established pursuant to section 20 of this act, 40% of such amounts as are available from: (a) the amount paid to the trust for that State fiscal year pursuant to subsection c. of section 17 of this act, net of the amount necessary to be deposited in the Garden State Historic Preservation Trust Fund pursuant to paragraph (3) of this subsection and net of any amount that shall be retained by the trust to make any necessary payments related to bonds, notes or other obligations, including refunding bonds, issued by the trust; and (b) such proceeds raised by the trust for the purposes set forth in Article VIII, Section II, paragraph 7 of the State Constitution and this act through the issuance of bonds, notes or other obligations; and (3) the Garden State Historic Preservation Trust Fund, established pursuant to section 21 of this act, the sum of $6,000,000 per year from the amount paid to the trust for that State fiscal year pursuant to subsection c. of section 17 of this act. b. (1) Of the amount deposited each State fiscal year into the Garden State Green Acres Preservation Trust Fund pursuant to paragraph (1) of subsection a. of this section, or received into the fund each State fiscal year from other sources: 50% thereof shall be allocated for the purposes of paying the cost of acquisition and development of lands by the State for recreation and conservation purposes; 40% thereof shall be allocated for the purposes of providing grants and loans to assist local government units to pay the cost of acquisition and development of lands for recreation and conservation purposes; and 10% thereof shall be allocated for the purposes of providing grants to assist qualifying tax exempt nonprofit organizations to pay the cost of acquisition and development of lands for recreation and conservation purposes, all as provided pursuant to this act. (2) Notwithstanding the provisions of this subsection to the contrary, any repayments of the principal and interest on loans issued to local government units for the acquisition or development of lands for recreation and conservation purposes pursuant to subsection b. of section 27 of this act, including repayments received after June 30, 2009, shall be allocated only for the issuance of additional loans to local government units for the acquisition or development of lands for recreation and conservation purposes pursuant to subsection b. of section 27 of this act. c. (1) Notwithstanding the provisions of this section to the contrary, the trust, after conducting at least one public hearing upon at least 60 days' advance public notice thereof, and upon finding that it would further the purposes of Article VIII, Section II, paragraph 7 of the State Constitution and this act, may (a) alter for a specific and identified State fiscal year the funding allocation percentages or levels set for or within each of the trust funds as prescribed pursuant to this section for that State fiscal year, or (b) request the State Treasurer to transfer moneys from one trust fund to another trust fund, to respond to the special needs and funding priorities of the State within a specific and identified State fiscal year, respond to exigent circumstances, take advantage of unexpected opportunities, or maximize the impact of financial resources applied to the purposes of any particular funding category. Upon receipt of any such request from the trust, the State Treasurer shall transfer the moneys between the trust funds in the manner prescribed by the trust. Moneys so transferred from a trust fund shall not be required to be repaid to the trust fund from which they were transferred, provided that the moneys so transferred are expended for any of the purposes authorized by Article VIII, Section II, paragraph 7 of the State Constitution or this act. (2) Moneys deposited into the Garden State Green Acres Preservation Trust Fund from the repayments of the principal and interest on loans, including repayments received after June 30, 2009, issued to local government units for the acquisition or development of lands for recreation and conservation purposes pursuant to subsection b. of section 27 of this act shall not be subject to transfer to other trust funds or be made available for other purposes authorized for moneys deposited into the Garden State Green Acres Preservation Trust Fund; such repayments shall be allocated only for the issuance of additional loans to local government units for the acquisition or development of lands for recreation and conservation purposes as provided pursuant to subsection b. of section 27 of this act. d. All administrative costs and expenses, including but not limited to salaries, fringe and other benefits, equipment, materials, direct and indirect costs, and non-salaried administrative costs, of the Department of Environmental Protection, the State Agriculture Development Committee, the New Jersey Historic Trust, and any other State entity incurred in connection with the implementation or administration of Article VIII, Section II, paragraph 7 of the State Constitution or this act shall be paid from the General Fund and not from constitutionally dedicated moneys. L.1999,c.152,s.18.
N.J. Stat. § 13:1K-11.4 — NJ Code / Title 13 / Chapter 1K / Section 1K-11.4
Application for area of concern waiver
Status: in_force

15. a. The owner or operator of an industrial establishment who is required to perform a remediation at an industrial establishment pursuant to subsection b. of section 4 of P.L.1983, c.330 (C.13:1K-9) may apply to the department for an area of concern waiver. Approval of the area of concern waiver shall relieve the owner or operator of the requirement to perform a remediation pursuant to subsection b. of section 4 of P.L.1983, c.330 (C.13:1K-9) for any area of concern at that industrial establishment for which a remediation has previously been conducted and approved by the department. An application pursuant to this subsection shall include: (1) a certification that the department or the United States Environmental Protection Agency, pursuant to the "Resource Conservation and Recovery Act," 42 U.S.C. s.6901 et seq. or the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. s.9601 et seq., or any other law, has previously approved a remediation at an area of concern and has issued a no further action letter or an equivalent approval of a remediation for that area of concern; (2) a copy of the most recent no further action letter or equivalent approval for that area of concern, approved by the department; and (3) a certification that the owner or operator has performed remediation activities at that area of concern that are consistent with current regulations established by the department, and based on those remediation activities, that subsequent to the issuance of the no further action letter or equivalent approval described in paragraph (1) of this subsection, there has been no discharge of a hazardous substance or hazardous waste at that area of concern. b. Upon submission of a complete and accurate application and after an inspection, if necessary, the department shall approve the application for an area of concern waiver upon a finding that the information in the certifications submitted pursuant to subsection a. of this section is accurate. Upon a disapproval of the application by the department pursuant to this section, the owner or operator shall perform a remediation of the subject area of concern as may be required pursuant to subsection b. of section 4 of P.L.1983, c.330. L.1993,c.139,s.15.
N.J. Stat. § 13:1B-13.14 — NJ Code / Title 13 / Chapter 1B / Section 1B-13.14
Approval of conveyances, leases, permits and licenses; validation of instruments
Status: in_force

Except as expressly provided by this act, the council shall approve conveyances, leases, permits and licenses for meadowlands in the same manner and subject to the same provisions, terms, conditions and requirements as are applicable by law to all riparian instruments. Any instrument conveying or releasing the State's interest in the meadowlands executed by the council prior to this act is valid and binding notwithstanding any inconsistency with the provisions of this act. L.1968, c. 404, s. 100. Amended by L.1973, c. 335, s. 6, eff. Dec. 27, 1973.
N.J. Stat. § 13:17-67 — NJ Code / Title 13 / Chapter 17 / Section 17-67
Aggregate true value
Status: in_force

(a) As used in this section, except as otherwise specifically provided: (1) The increase or decrease in aggregate true value of taxable real property for any adjustment year shall be the difference between: (i) The aggregate true value of that portion of taxable real property, exclusive of Class II railroad property, in the municipality located within the district in the comparison year, and (ii) The aggregate true value of said property in the base year. (2) Aggregate true value of all taxable real property shall be determined by aggregating the assessed value of all real property within the district boundaries in each constituent municipality, and dividing said total by the average assessment ratio as promulgated by the Director of the Division of Taxation in the Department of the Treasury for State school aid purposes on October 1 of the respective years for which aggregate true value is to be determined, pursuant to P.L. 1954, c. 86, as amended, as the same may have been modified by the tax court. (3) For the purpose of calculating aggregate true value, the assessed value of taxable real property for any given year shall comprise: (i) The assessed value shown on the assessment duplicate for such year, as certified by the county board of taxation and reflected in the county table of aggregates prepared pursuant to R.S. 54:4-52, as the same may be modified by the county board of taxation upon appeal, plus (ii) The prorated assessed values pertaining to such year, as certified by the county board of taxation on or before October 10, with respect to the assessor's added assessment list for such year, as the same may be modified by the county board of taxation upon appeal, plus (iii) The assessed values pertaining to such year, as certified by the county board of taxation on or about October 10, with respect to the assessor's omitted property assessment list for such year, as the same may be modified by the county board of taxation upon appeal. (b) The amount payable to the intermunicipal account by each constituent municipality in any adjustment year shall be determined in the following manner: the apportionment rates calculated for the comparison year shall be multiplied by the increase, if any, in aggregate true value of taxable real property for such year; provided, however, that the amount payable to the intermunicipal account shall be limited to 10% of the amount so calculated in the adjustment year 1973 and shall increase 4 percentage points a year until 50% of the amount so calculated is paid into the intermunicipal account in the adjustment year 1983 through adjustment year 1988. Beginning in adjustment year 1989 the amount payable into the intermunicipal account shall be reduced by 2 percentage points a year until 40% of the amount calculated pursuant to this subsection is paid into the intermunicipal account in the adjustment year 1993 and thereafter. (c) If, during any comparison year, a constituent municipality has received a payment in lieu of real estate taxes on property located within the district, then, for the purpose of calculating the increase or decrease in the municipality's aggregate true value under subsection (a)(1) of this section, there shall be added to the aggregate true value otherwise determined for such comparison year an amount determined by dividing the amount of said in lieu payment by the municipal tax rate for the comparison year and dividing the result by the average assessment ratio for school aid purposes as promulgated by the Director of the Division of Taxation, as same may have been modified by the tax court. L. 1968, c. 404, s. 65; amended 1972, c.103, s.4; amended 1983, c.36, s.3; 1989,c.26,s.3.
N.J. Stat. § 13:17-14 — NJ Code / Title 13 / Chapter 17 / Section 17-14
Application for subdivision, site plan or building permit; review and approval
Status: in_force

(a) Each application for a subdivision, site plan or building permit shall be submitted to the commission for review and, where required, approval prior to approval by the local constituent municipal approving authority. Commission approval of any subdivision application shall be limited by and based upon the rules, regulations and standards established by and duly set forth in a resolution adopted by the commission. The constituent municipal approval authority shall defer taking final action on a subdivision application until receipt of the commission report thereon. The commission shall report to the municipal authority within 45 days from the date of receipt of the application. If the commission fails to report to the municipal approving authority within the 45-day period, said subdivision application shall be deemed to have been approved by the commission unless, by mutual agreement between the commission and municipal approving authority, with approval of the applicant, the 45-day period shall be extended for an additional 45-day period, and any such extension shall so extend the time within which a municipal approving authority shall be required by law to act thereon. (b) The commission shall review each subdivision plan and building permit application and withhold approval if said application does not meet the approval standards previously adopted by the commission, in accordance with this section. In the event of the withholding of approval, or the disapproval of, any such application, the reasons for such action shall be set forth in writing and a copy thereof shall be transmitted to the applicant. L.1968, c. 404, s. 13.
N.J. Stat. § 13:1L-8 — NJ Code / Title 13 / Chapter 1L / Section 1L-8
Authority to exchange lands
Status: in_force

8. The department shall have the authority to sell, lease or exchange any lands or any interest therein, except those lands or interests acquired pursuant to the Green Acres program, for the acquisition of any other lands or interests therein for incorporation into the State park and forest system. Any such sale, lease or exchange shall be executed in accordance with P.L.1993, c.38 (C.13:1D-51 et al.). L.1983,c.324,s.8; amended 1993,c.38,s.8.
N.J. Stat. § 13:1M-6 — NJ Code / Title 13 / Chapter 1M / Section 1M-6
Suspension order
Status: in_force

The department may order the immediate suspension of any exploration, drilling, or plugging activities if it finds that the activity poses an imminent danger to public health or safety or results in, or is likely to result in, substantial damage to natural resources. Within five calendar days after the issuance of the order the department shall provide the permittee an opportunity to be heard and to present evidence that the allegedly dangerous condition or activity is not likely to result in substantial damage to natural resources and does not present an imminent danger to public health or safety. After the hearing, the department shall make a final determination. L. 1985, c. 432, s. 6, eff. Jan. 13, 1986.
N.J. Stat. § 13:13-12 — NJ Code / Title 13 / Chapter 13 / Section 13-12
§ 13:13-12
Status: in_force

The department of conservation and development is authorized, by agreement either with the city of Trenton, or with any Federal agency, or with the authorities of any municipalities in which the canal may lie, to fill the canal from the southerly line of the city of Trenton to its terminus at Bordentown.
N.J. Stat. § 13:9-44.13 — NJ Code / Title 13 / Chapter 9 / Section 9-44.13
Definitions relative to prescribed burns.
Status: in_force

3. As used in this act: "Assistant Commissioner" means the Assistant Commissioner of Natural and Historic Resources in the Department of Environmental Protection. "Certified" means having completed and received the certification from a program of education, approved by the department, about the design and implementation of prescribed burns that, upon completion, results in issuance of a certification to the participant. "Certified" shall not mean completion of the training provided by the Forest Fire Service. "Department" means the Department of Environmental Protection." "Forest Fire Service" means the Forest Fire Service in the Department of Environmental Protection. "Landowner or lessee" means (1) the person responsible for the land upon which a prescribed burn is to be conducted who (a) either owns or leases the land, and (b) has full access and control of the land at all times during the prescribed burn; or (2) an agent, employee, or other representative of that person who, for the purposes of complying with this act, (a) is authorized to act on the person's behalf, and (b) has full access and control of the land at all times during the prescribed burn. "Mechanically manage vegetation" means to mow or cut vegetation to reduce wildland fire fuels contained in the forest or other open lands. "Person" means an individual, trust, partnership, limited partnership, limited liability company, society, association, joint stock company, corporation, public corporation or public authority, estate, receiver, trustee, assignee, referee, fiduciary and any other legal entity. "Prescribed burn" or "prescribed burning" means the deliberate ignition and controlled open burning of wildland fire fuels, under specified environmental conditions which allow the fire to be confined to a predetermined area and produces the fireline intensity and rate of spread required to attain planned resource management objectives such as public safety, wildfire control, ecological, silvicultural, agricultural, or other natural resource management purposes. "Prescribed burn plan" or "plan" means a written plan prepared in accordance with this act and the rules and regulations adopted pursuant to section 7 thereof, for starting, executing, and controlling a prescribed burn. "Wildland fire fuels" means fuels including herbaceous and other plant life found in forests, fields, grasslands, coastal marshlands and other open lands whether in their natural state or having been cut. L.2018, c.107, s.3.
N.J. Stat. § 13:1E-99.34 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.34
Recycling centers.
Status: in_force

41. a. Notwithstanding the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any other law, rule or regulation to the contrary, no recycling center as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12) shall be required by the department to obtain a registration statement, engineering design approval, or approval of an environmental and health impact statement prior to the commencement of operations. b. No recycling center shall receive, store, process or transfer any waste material other than source separated nonputrescible or source separated commingled nonputrescible metal, glass, paper, or plastic containers, and corrugated and other cardboard without the prior approval of the department. c. An authorized food waste recycling facility, as defined pursuant to section 1 of P.L.2020, c.24 (C.13:1E-99.122), located and constructed, pursuant to an adopted district solid waste management plan approved after the effective date of P.L.2020, c.24 (C.13:1E-99.122 et al.), shall, where feasible, employ minority and women applicants that reside near the facility. L.1987, c.102, s.41; amended 2020, c.24, s.6.
N.J. Stat. § 13:1D-117 — NJ Code / Title 13 / Chapter 1D / Section 1D-117
Record of attendees; conduct by qualified entity
Status: in_force

2. a. The department shall keep a record of the name of any member of a regulated profession attending a continuing education seminar conducted pursuant to this act, and shall notify the licensing board having regulatory authority thereover of the attendance within 30 days thereof. b. If the department delegates to a qualified entity the responsibility for conducting a continuing education seminar pursuant to section 1 of this act, the qualified entity shall satisfy the notice requirements of subsection a. of that section, and shall be entitled to charge a seminar fee to cover the reasonable costs of developing and conducting the seminar. L.1991,c.419,s.2.
N.J. Stat. § 13:1B-15.132 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.132
Appropriation
Status: in_force

There is appropriated to the Department of Environmental Protection for the purpose of establishing and maintaining the New Jersey Register of Historic Places such sums as shall be included in any annual or supplemental appropriation act. L.1970, c. 268, s. 5, eff. Nov. 4, 1970.
N.J. Stat. § 13:17-13 — NJ Code / Title 13 / Chapter 17 / Section 17-13
Subdivisions and land development; review and regulation by commission; standards
Status: in_force

The commission shall review and regulate subdivisions and land development within the district, in accordance with procedures and engineering and planning standards adopted by resolution, which shall require that: (a) All subdivisions, site plans, buildings and other development be in accordance with the master plan and any applicable redevelopment plan; (b) Adequate drainage facilities and easements be provided; (c) Road improvements be provided for subdivisions or sites where necessary to protect the safety and convenience of the traveling public, such improvements to include, but not be limited to, additional rights-of-way or pavement widths, marginal access streets, reverse frontage and highway and traffic design features necessitated by increased traffic, potential safety hazards or traffic flow impediments caused by the subdivision or development; (d) Public water and sewer systems be provided where necessary to protect public health and to insure an adequate supply of water; (e) Performance guarantees, maintenance bonds and agreements be provided specifying minimum standards of construction for required improvements by the commission and not to exceed the full cost of the facility and installation thereof or the developer's proportionate share thereof. Any bonds, moneys or guarantees received by the commission under this paragraph shall not duplicate bonds, moneys or guarantees required by municipalities for municipal purposes. L.1968, c. 404, s. 12.
N.J. Stat. § 13:20-2 — NJ Code / Title 13 / Chapter 20 / Section 20-2
Findings, declarations relative to the "Highlands Water Protection and Planning Act."
Status: in_force

2. The Legislature finds and declares that the national Highlands Region is an area that extends from northwestern Connecticut across the lower Hudson River Valley and northern New Jersey into east central Pennsylvania; that the national Highlands Region has been recognized as a landscape of special significance by the United States Forest Service; that the New Jersey portion of the national Highlands Region is nearly 800,000 acres, or about 1,250 miles, covering portions of 88 municipalities in seven counties; and that the New Jersey Highlands Region is designated as a Special Resource Area in the State Development and Redevelopment Plan. The Legislature further finds and declares that the New Jersey Highlands is an essential source of drinking water, providing clean and plentiful drinking water for one-half of the State's population, including communities beyond the New Jersey Highlands, from only 13 percent of the State's land area; that the New Jersey Highlands contains other exceptional natural resources such as clean air, contiguous forest lands, wetlands, pristine watersheds, and habitat for fauna and flora, includes many sites of historic significance, and provides abundant recreational opportunities for the citizens of the State. The Legislature further finds and declares that the New Jersey Highlands provides a desirable quality of life and place where people live and work; that it is important to ensure the economic viability of communities throughout the New Jersey Highlands; and that residential, commercial, and industrial development, redevelopment, and economic growth in certain appropriate areas of the New Jersey Highlands are also in the best interests of all the citizens of the State, providing innumerable social, cultural, and economic benefits and opportunities. The Legislature further finds and declares that there are approximately 110,000 acres of agricultural lands in active production in the New Jersey Highlands; that these lands are important resources of the State that should be preserved; that the agricultural industry in the region is a vital component of the economy, welfare, and cultural landscape of the Garden State; and, that in order to preserve the agricultural industry in the region, it is necessary and important to recognize and reaffirm the goals, purposes, policies, and provisions of the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.) and the protections afforded to farmers thereby. The Legislature further finds and declares that, since 1984, 65,000 acres, or over 100 square miles, of the New Jersey Highlands have been lost to development; that sprawl and the pace of development in the region has dramatically increased, with the rate of loss of forested lands and wetlands more than doubling since 1995; that the New Jersey Highlands, because of its proximity to rapidly expanding suburban areas, is at serious risk of being fragmented and consumed by unplanned development; and that the existing land use and environmental regulation system cannot protect the water and natural resources of the New Jersey Highlands against the environmental impacts of sprawl development. The Legislature further finds and declares that the protection of the New Jersey Highlands, because of its vital link to the future of the State's drinking water supplies and other key natural resources, is an issue of State level importance that cannot be left to the uncoordinated land use decisions of 88 municipalities, seven counties, and a myriad of private landowners; that the State should take action to delineate within the New Jersey Highlands a preservation area of exceptional natural resource value that includes watershed protection and other environmentally sensitive lands where stringent protection policies should be implemented; that a regional approach to land use planning in the preservation area should be established to replace the existing uncoordinated system; that such a new regional approach to land use planning should be complemented by increased standards more protective of the environment established by the Department of Environmental Protection for development in the preservation area of the New Jersey Highlands; that the new regional planning approach and the more stringent environmental regulatory standards should be accompanied, as a matter of wise public policy and fairness to property owners, by a strong and significant commitment by the State to fund the acquisition of exceptional natural resource value lands; and that in the light of the various pressures now arrayed against the New Jersey Highlands, these new approaches should be implemented as soon as possible. The Legislature further finds and declares that in the New Jersey Highlands there is a mountain ridge running southwest from Hamburg Mountain in Sussex County that separates the eastern and the western New Jersey Highlands; that much of the State's drinking water supplies originate in the eastern New Jersey Highlands; and that planning for the region and the environmental standards and regulations to protect those water supplies should be developed with regard to the differences in the topography of the Highlands Region and how the topography affects the quality of the water supplies. The Legislature therefore determines, in the light of these findings set forth hereinabove, and with the intention of transforming them into action, that it is in the public interest of all the citizens of the State of New Jersey to enact legislation setting forth a comprehensive approach to the protection of the water and other natural resources of the New Jersey Highlands; that this comprehensive approach should consist of the identification of a preservation area of the New Jersey Highlands that would be subjected to stringent water and natural resource protection standards, policies, planning, and regulation; that this comprehensive approach should also consist of the establishment of a Highlands Water Protection and Planning Council charged with the preparation of a regional master plan for the preservation area in the New Jersey Highlands as well as for the region in general; that this comprehensive approach should also include the adoption by the Department of Environmental Protection of stringent standards governing major development in the Highlands preservation area; that, because of the imminent peril that the ongoing rush of development poses for the New Jersey Highlands, immediate, interim standards should be imposed on the date of enactment of this act on major development in the preservation area of the New Jersey Highlands, followed subsequently by adoption by the department of appropriate rules and regulations; that it is appropriate to encourage in certain areas of the New Jersey Highlands, consistent with the State Development and Redevelopment Plan and smart growth strategies and principles, appropriate patterns of compatible residential, commercial, and industrial development, redevelopment, and economic growth, in or adjacent to areas already utilized for such purposes, and to discourage piecemeal, scattered, and inappropriate development, in order to accommodate local and regional growth and economic development in an orderly way while protecting the Highlands environment from the individual and cumulative adverse impacts thereof; that the maintenance of agricultural production and a positive agricultural business climate should be encouraged to the maximum extent possible wherever appropriate in the New Jersey Highlands; and that all such aforementioned measures should be guided, in heart, mind, and spirit, by an abiding and generously given commitment to protecting the incomparable water resources and natural beauty of the New Jersey Highlands so as to preserve them intact, in trust, forever for the pleasure, enjoyment, and use of future generations while also providing every conceivable opportunity for appropriate economic growth and development to advance the quality of life of the residents of the region and the entire State. L.2004,c.120,s.2.
N.J. Stat. § 13:1L-36 — NJ Code / Title 13 / Chapter 1L / Section 1L-36
Rules, regulations.
Status: in_force

8. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of P.L.2009, c.256 (C.13:1L-29 et al.), including rules and regulations: a. setting forth policies, guidelines and best management practices that establish standards designed to ensure the sustainability of forest lands, which may be applicable to any publicly and privately owned forest land; b. establishing, in consultation with the forest stewardship advisory committee established pursuant to subsection d. of this section, professional standards and requirements of persons in addition to foresters on the list approved by the department, authorized to prepare forest stewardship plans pursuant to section 3 of P.L.2009, c.256 (C.13:1L-31); c. establishing, in consultation with the forest stewardship advisory committee established pursuant to subsection d. of this section, a cost-sharing program modeled upon the federal forest land enhancement program established pursuant to 16 U.S.C. s.2103 to provide individual grants to private owners to assist with a portion of the costs associated with the implementation of forest stewardship plans approved by the department pursuant to section 3 of P.L.2009, c.256 (C.13:1L-31); and identifying eligibility criteria, establishing the reimbursement rate, and developing a priority ranking system for grant applications; and d. establishing a forest stewardship advisory committee, consistent with the federal requirements for the establishment of a State Forest Stewardship Coordinating Committee pursuant to 16 U.S.C. s.2113, to advise the department (1) on issues related to forest stewardship and recommend programs, actions and standards, including rules and regulations, policies, guidelines and best management practices, for the conservation and stewardship of forest lands, and (2) with respect to the standards and requirements to be established pursuant to subsection b. of this section. L.2009, c.256, s.8.
N.J. Stat. § 13:1B-30 — NJ Code / Title 13 / Chapter 1B / Section 1B-30
State Fish and Game Code
Status: in_force

For the purpose of providing an adequate and flexible system of protection, propagation, increase, control and conservation of fresh water fish, game birds, game animals, and fur-bearing animals in this State, and for their use and development for public recreation and food supply, the council is hereby authorized and empowered to determine under what circumstances, when and in what localities, by what means and in what amounts and numbers such fresh water fish, game birds, game animals, and fur-bearing animals, or any of them, may be pursued, taken, killed, or had in possession so as to maintain an adequate and proper supply thereof, and may, after first having determined the need for such action on the basis of scientific investigation and research, adopt and from time to time amend and repeal such appropriate and reasonable regulations concerning the same, or any of them, penalties for the violation of which are prescribed by certain of the sections of Title 23 of the Revised Statutes amended herein, as it deems necessary to preserve, properly utilize or maintain the best relative number of any species or variety thereof, at the times, in the manner and to the extent hereinafter provided. The regulations so established shall be called the State Fish and Game Code. L.1948, c. 448, p. 1800, s. 32.
N.J. Stat. § 13:1B-40 — NJ Code / Title 13 / Chapter 1B / Section 1B-40
Partial invalidity of article
Status: in_force

If any clause, sentence, paragraph, or part of this article or the application thereof to any person or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this article. L.1948, c. 448, p. 1832, s. 91.
N.J. Stat. § 13:1K-24 — NJ Code / Title 13 / Chapter 1K / Section 1K-24
Risk reduction work plan
Status: in_force

Upon review of all registrations and accompanying materials submitted pursuant to this section, the department shall, in cooperation with the facility owner or operator, develop an Extraordinarily Hazardous Substance Risk Reduction Work Plan for each registered facility without a risk management program agreed upon by the facility owner and the department or subject to a consent agreement or administrative order entered into pursuant to section 5 of this act. The work plan shall constitute the basis for any Extraordinarily Hazardous Substance Accident Risk Assessment required of that facility, to be performed pursuant to this section. The work plan shall require the reporting of the identity and quantity of all extraordinarily hazardous substances generated, stored, handled, or that could unwittingly be produced in the event of an equipment breakdown, human error, design defect, or procedural failure, or the imposition of an external force; the nature, age, and condition of all the equipment and instruments involved in the handling and management of the extraordinarily hazardous substance or substances at the facility, and the schedules for their testing and maintenance; the measures and precautions designed to protect against the intrusions of external forces and events, or to control or contain discharges within the facility; the circumstances that would have to obtain in order for there to result a discharge of an extraordinarily hazardous substance, and the practices, procedures, and equipment designed to forestall such an event; any alternative processes, procedures, or equipment which might reduce the risk of a release of an extraordinarily hazardous substance while yielding the same or commensurate results, and the specific reasons they are not employed; any training or management practices in place which impart knowledge to relevant personnel regarding the dangers posed by a release of an extraordinarily hazardous substance and the training provided to prepare them for the safe operation of the facility and for unanticipated occurrences; any other preventive maintenance measure or on-site emergency response capability or other internal mechanism developed to safeguard against the occurrence of an accidental release of an extraordinarily hazardous substance or any other aspect or component of the facility deemed relevant by the department. The department may, by regulation or on a case-by-case basis, limit the scope or detail of the work plan and the priority or frequency of review of any facility or facility operation or component thereof where it determines, in writing, that the action does not remove or compromise the protection required for the public interest, and enables the department to allocate its resources more efficiently and effectively. L. 1985, c. 403, s. 6, eff. Jan. 8, 1986.
N.J. Stat. § 13:1B-29 — NJ Code / Title 13 / Chapter 1B / Section 1B-29
Definitions
Status: in_force

As used in this article, unless otherwise specifically indicated: "Division" means the Division of Fish and Game in the Department of Conservation and Economic Development. "Council" means the Fish and Game Council in the Division of Fish and Game of the Department of Conservation and Economic Development. "Code" means the State Fish and Game Code. L.1948, c. 448, p. 1800, s. 31.
N.J. Stat. § 13:1B-13.4 — NJ Code / Title 13 / Chapter 1B / Section 1B-13.4
Publication of map; filing; distribution
Status: in_force

Upon completion of each separate study and survey, the council shall publish a map portraying the results of its study and clearly indicating those lands designated by the council as State-owned lands. Copies of each such map and study shall be filed with the Secretary of State and sent to the clerk of each county or to the register of deeds and mortgages, whoever shall have the responsibility as the recording officer of the county, and to the governing body of each municipality whose political boundaries include lands shown on the map. Such maps and studies shall be available for public inspection. The council shall also cause to be published at least once in a newspaper circulating in each county whose political boundaries include lands designated as State-owned lands a list of those parcels designated in whole or in part as State-owned lands. L.1968, c. 404, s. 90. Amended by L.1982, c. 101, s. 1, eff. July 28, 1982.
N.J. Stat. § 13:8A-51 — NJ Code / Title 13 / Chapter 8A / Section 8A-51
Restrictions on use due to race, sex, nationality, or residence; prohibition
Status: in_force

Use of lands acquired under this act by the State or with State assistance shall not be restricted by any conditions of race, creed, color, sex or nationality, and shall not be restricted by any condition of residence except by direction of or with the approval of the commissioner. L.1975, c. 155, s. 17, eff. July 15, 1975.
N.J. Stat. § 13:1L-3 — NJ Code / Title 13 / Chapter 1L / Section 1L-3
Definitions.
Status: in_force

3. For the purposes of this act: "All-terrain vehicle" means the same as the term is defined pursuant to section 1 of P.L.1973, c.307 (C.39:3C-1). "Commissioner" means the Commissioner of Environmental Protection. "Department" means the Department of Environmental Protection. "Dirt bike" means any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards. "Forest resources" means those renewable products and reusable resources of all forest lands in the State, including but not limited to trees, timber, shrubs, and other vegetation, and the value of forest lands relating to recreation, wilderness appreciation, aesthetic appeal, and soil fertility. "Green Acres program" means the program for the purchase of land for recreation and conservation purposes pursuant to P.L.1961, c.45 (C.13:8A-1 et seq.), P.L.1971, c.419 (C.13:8A-19 et seq.), P.L.1975, c.155 (C.13:8A-35 et seq.), any Green Acres bond act, and P.L.1999, c.152 (C.13:8C-1 et seq.). "Recreational activities" includes, but is not limited to, fresh and salt water swimming, water skiing, boating and fishing, ice skating, snow skiing, camping, trail hiking, horseback riding, picnicking, bicycling, court and field games, track and field events, birdwatching, playground activities, and golf. "Snowmobile" means the same as the term is defined pursuant to section 1 of P.L.1973, c.307 (C.39:3C-1). "State parks and forests" means all State owned or leased lands, waters and facilities administered by the Department of Environmental Protection, including, but not limited to, parks, forests, recreational areas, marinas, historic sites, burial sites, and natural areas, but not including wildlife management areas or reservoir lands. L.1983, c.324, s.3; amended 2009, c.275, s.35.
N.J. Stat. § 13:1D-115.1 — NJ Code / Title 13 / Chapter 1D / Section 1D-115.1
Annual report to Legislature
Status: in_force

23. In addition to the information required to be submitted annually to the Legislature pursuant to section 2 of P.L.1991, c.417 (C.13:1D-115), the department shall report annually to the Legislature on actions taken to reduce fees and increase the efficiency of application processing pursuant to section 6 of P.L.1973, c.185 (C.13:19-6), section 9 of P.L.1973, c.185 (C.13:19-9) and section 7 of P.L.1993, c.190 (C.13:19-5.2). L.1993,c.190,s.23.
N.J. Stat. § 13:1E-116.3 — NJ Code / Title 13 / Chapter 1E / Section 1E-116.3
Redevelopment agreement, negotiation
Status: in_force

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 section. The Commissioner of the Department of Commerce and Economic Development in consultation with the State Treasurer shall negotiate the terms and conditions of any redevelopment agreement on behalf of the State. b. In negotiating a redevelopment agreement with a developer, the commissioner shall consider the following factors: (1) the economic feasibility of the redevelopment project; (2) the extent of economic and related social distress in the municipality and the area to be affected by the redevelopment project; (3) the degree to which the redevelopment project will advance State, regional and local development strategies; (4) the likelihood that the redevelopment project shall upon completion be capable of repaying the closure and remediation costs incurred; (5) the relationship of the redevelopment project to a comprehensive local development strategy, including other major projects undertaken within the municipality; and (6) the degree to which the redevelopment project enhances and promotes job creation and economic development. L.1996,c.124,s.3.
N.J. Stat. § 13:1E-99.30 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.30
Compliance with district recycling plan
Status: in_force

a. The provisions of P.L. 1970, c. 39 (C. 13:1E-1 et seq.) or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, on or after July 1, 1987, the department shall not issue a registration statement or engineering design approval for any new or expanded solid waste facility in any county unless the person or party proposing to construct or operate the facility submits written documentation and any other evidence the department may require demonstrating to the department's satisfaction that the goals of the relevant district recycling plan required by section 3 of this amendatory and supplementary act have been incorporated into the plans for the proposed facility. b. 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 section. L. 1987, c. 102, s. 22.
N.J. Stat. § 13:13A-9 — NJ Code / Title 13 / Chapter 13A / Section 13A-9
Hiring or leasing lands to private enterprises
Status: in_force

The department, to effectuate the general purpose of this act, shall with the approval of the commission, have power to hire, rent or lease any portion of such lands to private enterprises and such moneys as are derived from such hiring, renting, or leasing shall be deposited with the General State Fund. L.1974, c. 118, s. 9, eff. Oct. 10, 1974.
N.J. Stat. § 13:18A-51 — NJ Code / Title 13 / Chapter 18A / Section 18A-51
Sale of land
Status: in_force

2. a. If the commissioner determines that any land or interest therein acquired pursuant to subsection a. of section 1 of this act is not useful to be retained by the State, or any agency, authority, or entity thereof, for recreation and conservation purposes as defined pursuant to section 3 of P.L.1992, c.88, or for farmland preservation, historic preservation, water supply protection, or other public purposes, the commissioner may sell, exchange, or otherwise convey or transfer that land or interest therein to: (1) any public entity, including the federal government or a local government unit, or any agency, authority, or entity thereof, or any private nonprofit organization that agrees to retain and maintain the land for public purposes, at no cost or at such cost as may be established by the commissioner; or (2) any private party as set forth in subsection b. of this section. b. If the commissioner determines that any land or interest therein acquired pursuant to subsection a. of section 1 of this act should be sold, exchanged, or otherwise conveyed or transferred to a private party, the commissioner may offer the land or interest therein first for private sale to any owner of land contiguous thereto acting either individually or jointly with another such owner, at a price to be established by the commissioner. The minimum price for which the land or interest therein may be offered for private sale shall be the same as the cost of acquisition of that land or interest therein by the commissioner pursuant to subsection a. of section 1 of this act, or, if the private sale involves an exchange, a value equivalent to the cost of acquisition; except that, if the land or interest therein offered for private sale includes a deed restriction imposed by the commissioner, the minimum price shall be the same as the cost of acquisition less the value of that deed restriction. If more than one such owner of contiguous land indicates interest in obtaining the land or interest therein at issue at the established price, it shall be sold, exchanged, or otherwise conveyed or transferred to the highest bidder from among all such landowners. If no owner of contiguous land indicates interest in obtaining the land or interest therein at issue, it may be offered for public sale at auction to the highest bidder. c. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, no sale, exchange, conveyance, or transfer of any land or interest therein as authorized pursuant to this section shall be subject to the approval of the State House Commission or the requirements of P.L.1993, c.38 (C.13:1D-51 et al.). L.1995,c.232,s.2.
N.J. Stat. § 13:1G-15 — NJ Code / Title 13 / Chapter 1G / Section 1G-15
Judicial review
Status: in_force

Review of any final decision or action by the department or review of the validity of any code, rule or regulation of the department shall be in accordance with the rules of court. L.1971, c. 418, s. 15, eff. Jan. 24, 1972.
N.J. Stat. § 13:1G-2 — NJ Code / Title 13 / Chapter 1G / Section 1G-2
Legislative findings
Status: in_force

The Legislature finds and determines that the people of the State are entitled to and should be insured an environment free from noise which unnecessarily degrades the quality of life; that the levels of noise in the community have reached such a degree as to endanger the health, safety and welfare of the people of this State as well as the integrity of the environment; and that this threat can be abated by the adoption and enforcement of noise standards embodied in regulations. L.1971, c. 418, s. 2, eff. Jan. 24, 1972.
N.J. Stat. § 13:1D-136 — NJ Code / Title 13 / Chapter 1D / Section 1D-136
Performance partnership agreement.
Status: in_force

3. a. Pursuant to the performance contract authority established by subsection q. of section 12 of P.L.1970, c.33 (C.13:1D-9), the Department of Environmental Protection shall enter into a performance partnership agreement with the New Jersey Corporation for Advanced Technology for the purposes of establishing and administering an energy and environmental technology verification program for the identification, evaluation, verification and, through the coordination and revision of regulatory mechanisms and requirements, the promotion and expedited commercial use of innovative energy and environmental technologies. b. The department, in consultation and in conjunction with the corporation, shall develop and establish evaluation and verification procedures, processes and protocols for the purposes of: (1) Determining the application and use, and the outcome of the application and use, of certain energy and environmental technologies; (2) Studying, evaluating and verifying the benefits of any innovative energy and environmental technologies; and (3) Identifying beneficial and innovative technologies requiring assistance with regulatory mechanisms and requirements. c. The department shall develop a technical guidance document for the program that shall include, but not be limited to, a technical manual for each class or category of technology and the permits required for its commercial use, and the evaluation and verification procedures, processes, and protocols developed and established pursuant to subsection b. of this section to be used by the program for evaluating, verifying and promoting a technology. The technical guidance document also shall provide for the revision of such protocols, processes and procedures to accommodate verification procedures employed and proposed by the corporation. The technical guidance document shall define the procedural and substantive requirements for selection for, and participation in, the program and the review of applications pertaining thereto, and shall clarify any department and corporation interpretations of any laws, rules, and regulations relating to the review, selection and verification of a technology for the program. The department shall publish the technical guidance document, and any revisions thereto, in the New Jersey Register. The adoption of a technical guidance document, or of the revisions thereto, shall not be subject to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). d. The corporation shall provide notification of the availability of participation in the technology verification program, as it deems appropriate and in the manner it determines shall reach persons with technologies likely to be eligible for evaluation and verification under the technology verification program. The corporation shall accept applications for the review and consideration for verification of technologies under the program, in accordance with the procedures, processes and protocols established pursuant to subsection b. of this section and the technical guidance document developed pursuant to subsection c. of this section. After a review of the application to preliminarily evaluate and verify that the technology may have significant energy or environmental benefits, the corporation may select a technology as a candidate for evaluation and verification under the program and shall notify the department of the selected technology and the results of the preliminary evaluation of the technology and the protocols for its verification. e. Upon notice of the selection of a technology, the department shall review any and all laws, rules or regulations affecting the development and commercial use of the selected technology and, as the department deems appropriate and necessary, shall consult with the applicant whose technology has been selected. The department shall coordinate the required permits, permit review, permit approvals and other required action on the part of federal and State agencies, entities and officials to assist in the promotion and expedited commercial use of the verified technology upon its verification. f. The corporation, in conjunction and cooperation with the department and its action pursuant to subsection e. of this section, shall evaluate the selected energy or environmental technology and its performance, and, whenever appropriate, shall verify the technology evaluated. The evaluation and verification shall include, but not be limited to, ascertaining the conservation or environmental benefit of the technology being evaluated and confirming that the technology in fact achieves the alleged benefit and has a significant net beneficial environmental effect from its overall performance. g. The Department of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary to expedite the commercial use of energy or environmental technologies selected for the program and verified by the corporation as a technology with a significant net beneficial environmental effect from its overall performance, or required to implement the provisions of this section. h. The Commissioner of Environmental Protection shall implement the contract provisions, protocols, processes, procedures, rules and regulations established pursuant to subsections a. through d. of this section, and shall require any person engaged in a permit process to work in conjunction with the corporation and rely on its evaluation and verification processes. i. The department shall work closely with the State Treasurer to include in State bid specifications, as deemed appropriate by the State Treasurer, any technology verified under the energy and environmental technology verification program established pursuant to this section. L.1999,c.400,s.3.
N.J. Stat. § 13:1E-229 — NJ Code / Title 13 / Chapter 1E / Section 1E-229
"New Jersey Solar Panel Recycling Commission."
Status: in_force

1. There is established the "New Jersey Solar Panel Recycling Commission." The purpose of the commission shall be to investigate options for recycling and other end-of-life management methods for photovoltaic and other solar energy generation structures, and to develop recommendations for legislative, administrative, or private sector action. a. The commission shall consist of nine voting members as follows: (1) the Commissioner of Environmental Protection, or the commissioner's designee, who shall serve ex officio as chairperson; (2) the Commissioner of Community Affairs, or the commissioner's designee, who shall serve ex officio as vice-chairperson; and (3) seven members who shall be appointed by the Governor no later than the 90th day next following the effective date of this act as follows: (a) two members of the State's business community with expertise, knowledge, or experience in Class D recycling and the disposal of consumer electronics; (b) one representative of a non-profit organization that promotes recycling in the State; (c) two members who are currently employed in the solar power industry; and (d) two members representing the State's academic community with expertise in recycling issues. b. The commission shall organize as soon as practicable, but no later than the 30th day after the appointment of all its members. Any vacancy in the membership shall be filled in the same manner as the original appointment. c. The commission shall meet at the call of the chairperson, and it may hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge. d. A simple majority of the commission shall constitute a quorum for the transaction of commission business. Action may be taken and motions and resolutions adopted by the commission at any meeting thereof by the affirmative vote of a majority of the membership of the commission. e. Members of the commission shall serve without compensation, but the commission may, within the limits of funds appropriated or otherwise made available to it, reimburse its members for actual and necessary expenses incurred in the discharge of their official duties. f. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, authority, or agency as it may require and as may be available to it for its purposes; to employ stenographic and clerical assistance; and to incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes. The Department of Environmental Protection shall provide staff support to the commission. g. The commission shall submit its findings and conclusions in a final report, together with any recommendations for legislative, administrative, or private sector action, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1), to the Legislature within one year after the appointment of all its members. The commission may extend the deadline to submit the report by one additional year upon notice to the Governor and the Legislature. The report shall be posted on the Department of Environmental Protection's Internet website. L.2019, c.215, s.1.
N.J. Stat. § 13:1E-164 — NJ Code / Title 13 / Chapter 1E / Section 1E-164
Mandatory contract provisions
Status: in_force

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 permitted by law for resource recovery facilities, shall include where applicable, but not be limited to, provisions concerning: a. Allocation of the risks of financing and constructing a resource recovery facility, such risks to include: (1) Delays in project completion; (2) Construction cost overruns and change orders; (3) Changes necessitated by revisions in laws, rules or regulations; (4) Failure to achieve the required operating performance; (5) Loss of tax benefits; and (6) The need for additional equity contributions; b. Allocation of the risks of operating and maintaining a resource recovery facility, such risks to include: (1) Excess downtime or technical failure; (2) Excess labor or materials costs due to underestimation; (3) Changes in operating procedure necessitated by revisions in laws, rules or regulations; (4) Changes in the amount or composition of the solid waste delivered for disposal; (5) Excess operation or maintenance costs due to poor management; (6) Increased costs of disposal of the resource recovery facility residue; (7) The increased costs associated with the disposal of solid waste delivered to a resource recovery facility which cannot be processed at the facility; and (8) The costs of disposal of recovered material which cannot be sold; c. Allocation of the risks associated with circumstances beyond the control of any party to the contract; d. Allocation of the revenues from the sale of energy or other recovered metals and other materials for reuse; e. Default and termination of the contract; f. The periodic preparation by the vendor of an operating performance report and an audited balance statement of the facility which shall be submitted to the contracting unit, the department and the Division of Local Government Services in the Department of Community Affairs; g. The intervals at which the contract shall be renegotiated; h. Employment of current employees of the contracting unit whose positions will be affected by the terms of the contract; i. Competitive bidding procedures, or other methods of cost control, to be utilized by the vendor in obtaining any goods or services the cost of which will automatically be included, pursuant to the terms of the contract, in the rates to be charged at the resource recovery facility; and j. The formulas to be used to determine the charges, rates, or fees to be charged for the resource recovery services, and the methodology or methodologies used to develop these formulas. L. 1985, c. 38, s. 29, eff. Feb. 4, 1985.
N.J. Stat. § 13:16-13 — NJ Code / Title 13 / Chapter 16 / Section 16-13
Application for loan; additional information
Status: in_force

Any person or corporation considering locating an industrial or business concern in the State and desiring a State loan for the purpose of surveying the feasibility of such action, may file an application for such loan with the commissioner. With this application there shall be attached such information as the commissioner may require concerning the type, cost and financing contemplated for the concern which would be established, the area in the State under consideration for the location of the concern and the natural resources, if any, or facilities which would be necessary for the operation of such a concern. L.1966, c. 130, s. 13, eff. June 17, 1966.
N.J. Stat. § 13:1E-99.146 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.146
Alternative compliance plan, requirements.
Status: in_force

12. a. The department may require a manufacturer that is temporarily exempt from the postconsumer recycled content requirements of this act pursuant to subsection b. of section 10 of this act, or that has submitted a request for a waiver pursuant to section 11 of this act, to prepare and submit to the department an alternative compliance plan that demonstrates that the manufacturer is taking, and will continue to take, all feasible actions to ensure the reduction, collection, recycling, and reuse of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, or plastic trash bags made from virgin plastic, glass, or paper, as applicable, and to ensure the use of postconsumer recycled content. b. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations setting forth the substantive requirements for an alternative compliance plan required pursuant to subsection a. of this section. c. The department shall have the authority to approve or disapprove an alternative compliance plan prepared and submitted pursuant to this section, and to require a manufacturer to make any revisions or modifications to its alternative compliance plan as the department determines necessary, consistent with the provisions of this act and the rules and regulations adopted by the department. d. A manufacturer shall undertake all of the actions described in the alternative compliance plan. Failure by a manufacturer to comply with an approved alternative compliance plan shall constitute a violation of this act. e. The department may enter into a contract or other legally binding agreement with one or more trade associations representing manufacturers, which shall allow the trade association, in lieu of the manufacturers, to prepare and submit an alternative compliance plan pursuant to this section and to undertake the actions described in the alternative compliance plan. L.2021, c.391, s.12.
N.J. Stat. § 13:1E-127 — NJ Code / Title 13 / Chapter 1E / Section 1E-127
Definitions.
Status: in_force

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, provided that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1983, c.392 (C.13:1E-126 et seq.); or (2) has been issued a soil and fill recycling registration pursuant to section 1 of P.L.2019, c.397 (C.13:1E-127.1), has filed a disclosure statement with the Attorney General, and is seeking a soil and fill recycling license. b. “Application” means the forms and accompanying documents filed in connection with an applicant’s or permittee’s request for a license or a soil and fill recycling license. c. “Business concern” means any corporation, association, firm, partnership, sole proprietorship, trust, limited liability company, or other form of commercial organization. d. “Department” means the Department of Environmental Protection. e. “Disclosure statement” means a statement submitted to the Attorney General by an applicant or a permittee, which statement shall include: (1) The full name, business address, telephone number, email address, and social security number of the applicant or the permittee, as the case may be, and of any officers, directors, partners, or key employees thereof and all persons holding any equity in or debt liability of the applicant or permittee, or, if the applicant or permittee is a publicly traded corporation, all persons holding more than five percent of the equity in or the debt liability of the applicant or permittee, except that: (a) where the equity in or debt liability of the applicant or permittee is held by an institutional investor, the applicant or permittee need only supply the name, business address, and the basis upon which the institutional investor qualifies as an institutional investor; and (b) where the debt liability is held by a chartered lending institution, the applicant or permittee need only supply the name and business address of the lending institution; (2) The full name, business address, telephone number, email address, and social security number of all officers, directors, or partners of any business concern disclosed in the disclosure statement and the names and addresses of all persons holding any equity in or the debt liability of any business concern so disclosed, except that: (a) where the business concern is a publicly traded corporation, the applicant or permittee need only supply the name and business address of the publicly traded corporation and copies of its annual filings with the Securities and Exchange Commission, or its foreign equivalent; (b) where the equity in or debt liability of that business concern is held by an institutional investor, the applicant or permittee need only supply the name, business address, and the basis upon which the institutional investor qualifies as an institutional investor; and (c) where the debt liability is held by a chartered lending institution, the applicant or permittee need only supply the name and business address of the lending institution; (3) The full name and business address of any business concern which collects, transports, treats, stores, brokers, transfers, or disposes of solid waste or hazardous waste, or that engages in soil and fill recycling services, in which the applicant or the permittee holds an equity interest; (4) A description of the experience and credentials in, including any past or present licenses for, the collection, transportation, treatment, storage, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, possessed by the applicant or the permittee, as the case may be, and by the key employees, officers, directors, or partners thereof; (5) A listing and explanation of any notices of violation or prosecution, administrative orders, or license revocations issued by this State or any other state or federal authority, in the 10 years immediately preceding the filing of the application or disclosure statement, whichever is later, which are pending or have resulted in a finding or a settlement of a violation of any law or rule and regulation relating to the collection, transportation, treatment, storage, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, by the applicant or the permittee, as the case may be, or by any key employee, officer, director, or partner thereof; (6) A listing and explanation of any judgment of liability or conviction which was rendered, pursuant to the laws of this State, or any other state or federal statute or local ordinance, against the applicant or the permittee, as the case may be, or against any key employee, officer, director, or partner thereof, except for any violation of Title 39 of the Revised Statutes other than a violation of the provisions of P.L.1983, c.102 (C.39:5B-18 et seq.), P.L.1983, c.401 (C.39:5B-25 et seq.), or P.L.1985, c.415 (C.39:5B-30 et seq.); (7) A listing of all labor unions and trade and business associations in which the applicant or the permittee was a member or with which the applicant or the permittee had a collective bargaining agreement during the 10 years preceding the date of the filing of the application or disclosure statement, whichever is later; (8) A listing of any agencies outside of New Jersey which had regulatory responsibility over the applicant or the permittee, as the case may be, in connection with the collection, transportation, treatment, storage, brokering, transfer, or disposal of solid waste or hazardous waste or in connection with the provision of soil and fill recycling services; (9) The full name and business address of any individual or business concern that leases real property or equipment used for the collection, transportation, treatment, processing, storage, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, to the applicant, permittee, or licensee; (10) A listing and explanation of any civil litigation pending between the applicant, permittee, licensee, key employee, officer, director, or partner thereof and any other person engaged in the collection, transportation, treatment, processing, storage, brokering, transfer, or disposal of solid waste or hazardous waste or in the provision of soil and fill recycling services, related to the provision of solid waste, hazardous waste, or soil and fill recycling services; and (11) Any other information the Attorney General may require that relates to the competency, reliability or integrity of the applicant or the permittee. The provisions of paragraphs (1) through (11) of this subsection to the contrary notwithstanding, if an applicant or a permittee is a secondary business activity corporation, “disclosure statement” means a statement submitted to the Attorney General by an applicant or a permittee, which statement shall include: (a) The full name, primary business activity, office or position held, business address, home address, telephone number, email address, date of birth, and federal employer identification number of the applicant or the permittee, as the case may be, and of all officers, directors, partners, or key employees of the business concern; and of all persons holding more than five percent of the equity in or debt liability of that business concern, except that where the debt liability is held by a chartered lending institution, the applicant or permittee need only supply the name and business address of the lending institution. The Attorney General or the department may request the social security number of any individual identified pursuant to this paragraph; (b) The full name, business address, and federal employer identification number of any business concern in any state, territory, or district of the United States, which: (i) engages in soil and fill recycling services; or (ii) collects, transports, treats, stores, processes, recycles, brokers, transfers, or disposes of solid waste or hazardous waste on a commercial basis, in which the applicant or the permittee holds an equity interest, and the type, amount, and dates of the equity held in such business concern; (c) A listing of every license, registration, permit, certificate of public convenience and necessity, uniform tariff approval, or equivalent operating authorization held by the applicant or permittee within the last five years under any name for the collection, transportation, treatment, storage, brokering, recycling, processing, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, on a commercial basis in any state, territory, or district of the United States, and the name of every agency issuing such operating authorization; (d) If the applicant or the permittee is a subsidiary of a parent corporation, or is the parent corporation of one or more subsidiaries, or is part of a group of companies in common ownership, as the case may be, a chart, or, if impractical or burdensome, a list showing the names, federal employer identification numbers, and relationships of all parent, sister, subsidiary, and affiliate corporations, or members of the group, and the equity interest by percentage for each subsidiary company; (e) A listing and explanation of any notices of violation or prosecution, administrative orders, or license revocations issued by this State or any other state or federal authority to the applicant or permittee in the 10 years immediately preceding the filing of the application or disclosure statement, whichever is later, which are pending or have resulted in a finding or a settlement of a violation of any law or rule or regulation relating to the collection, transportation, treatment, storage, brokering, recycling, processing, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, by the applicant or permittee; (f) A listing and explanation of any judgment, decree, or order, whether by consent or not, issued against the applicant or permittee in the 10 years immediately preceding the filing of the application, and of any pending civil complaints against the applicant or permittee pertaining to a violation or alleged violation of federal or state antitrust laws, trade regulations, or securities regulations; (g) A listing and explanation of any conviction issued against the applicant or permittee for a felony resulting in a plea of nolo contendere, or any conviction in the 10 years immediately preceding the filing of the application, and of any pending indictment, accusation, complaint, or information for any felony issued to the applicant or the permittee pursuant to any state or federal statute; and (h) A completed personal history disclosure form shall be submitted to the Attorney General by every person required to be listed in this disclosure statement, except for those individuals who are exempt from the personal history disclosure requirements pursuant to paragraph (5) of subsection a. of section 3 of P.L.1983, c.392 (C.13:1E-128). f. “Key employee” means any individual employed or otherwise engaged by the applicant, the permittee, or the licensee in a supervisory capacity or empowered to make discretionary decisions with respect to the solid waste, hazardous waste, or soil and fill recycling operations of the business concern; any family member of an officer, director, partner, or key employee, which family member is employed or otherwise engaged by the applicant or permittee; but shall not include: (1) employees, who are not family members, exclusively engaged in the physical or mechanical collection, transportation, treatment, storage, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services; or (2) a sales person employed by a publicly traded corporation or a direct or indirect subsidiary of a publicly traded corporation. g. “License” means the approval of any registration statement or engineering design pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.279 (C.13:1E-49 et seq.) for the collection, transportation, treatment, storage, processing, brokering, transfer, or disposal of solid waste or hazardous waste in this State. A “license” shall not include any registration statement or engineering design approved for: (1) Any State department, division, agency, commission, or authority, or county, municipality, or agency thereof; (2) Any person solely for the collection, transportation, treatment, storage, processing, brokering, transfer, or disposal of solid waste or hazardous waste generated by that person, provided that the department may adopt regulations to limit the scope of this exemption based on volume or other standards; (3) Any person for the operation of a hazardous waste facility, if at least 75 percent of the total design capacity of that facility is utilized to treat, store, or dispose of hazardous waste generated by that person; (4) Any person for the operation of a hazardous waste facility which is considered as such solely as the result of the reclamation, recycling, or refining of hazardous wastes which are or contain any of the following precious metals: gold, silver, osmium, platinum, palladium, iridium, rhodium, ruthenium, or copper; or (5) Any person solely for the transportation of hazardous wastes which are or contain precious metals to a hazardous waste facility described in paragraph (4) of this subsection for the purposes of reclamation. A “license” shall include any registration statement approved for: (6) Any person who transports any other hazardous waste in addition to hazardous wastes which are or contain precious metals; (7) Any person solely for the collection, transportation, treatment, storage, or disposal of granular activated carbon used in the adsorption of hazardous waste; or (8) Any regulated medical waste generator for the treatment or disposal of regulated medical waste at any noncommercial incinerator or noncommercial facility in this State that accepts regulated medical waste for disposal. h. “Licensee” means any business concern which has completed the requirements of section 3 of P.L.1983, c.392 (C.13:1E-128) and whose application for the issuance or renewal of a license has been approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133). i. “Permittee” means and shall include: (1) Any business concern which has filed a disclosure statement with the department and the Attorney General and to which a valid registration statement or engineering design approval for the collection, transportation, treatment, storage, transfer, or disposal of solid waste or hazardous waste pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.279 (C.13:1E-49 et seq.) has been given by the department prior to June 14, 1984; (2) Any business concern which has filed a disclosure statement with the department and the Attorney General and to which a temporary license has been approved, issued, or renewed by the department pursuant to section 10 of P.L.1983, c.392 (C.13:1E-135), but which has not otherwise completed the requirements of section 3 of P.L.1983, c.392 (C.13:1E-128) and whose application for a license has not been approved by the department pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133), provided that the temporary license remains valid, and provided further that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128.1 et al.); (3) Any business concern which has filed a disclosure statement with the department and the Attorney General and to which a valid registration statement or engineering design approval for the collection, transportation, treatment, storage, transfer, or disposal of solid waste or hazardous waste pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) or P.L.1981, c.279 (C.13:1E-49 et seq.) has been given by the department between February 20, 1985 and January 23, 1986, inclusive, provided that the registration statement or engineering design approval remains valid, and provided further that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128.1 et al.); or (4) Any business concern to which a temporary approval of registration has been given by the department at any time after January 23, 1986 pursuant to statute or rule and regulation, provided that such temporary approval of registration, statute, or rule and regulation remains valid, and provided further that the business concern has furnished the department and the Attorney General with any information required pursuant to P.L.1991, c.269 (C.13:1E-128.1 et al.) and filed a disclosure statement with the department and the Attorney General. j. “Person” means any individual or business concern. k. “Secondary business activity corporation” means any business concern which has derived less than five percent of its annual gross revenues in each of the three years immediately preceding the one in which the application for a license or a soil and fill recycling license is being made from the collection, transportation, treatment, storage, processing, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, whether directly or through other business concerns partially or wholly owned or controlled by the applicant or the permittee, as the case may be, and which: (1) has one or more classes of security registered pursuant to section 12 of the “Securities Exchange Act of 1934,” as amended (15 U.S.C. s.78l); or (2) is an issuer subject to subsection (d) of section 15 of the “Securities Exchange Act of 1934,” as amended (15 U.S.C. s.78o). l. “Institutional investor” means a retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees; government or government-owned entity; investment company registered under the “Investment Company Act of 1940” (15 U.S.C. s.80a-1 et seq.); collective investment trust organized by banks under Part Nine of the Rules of the Comptroller of the Currency; closed-end investment trust; chartered or licensed life insurance company or property and casualty insurance company; banking or other chartered or licensed lending institution; partnerships, funds, or trusts managed by or directed in conjunction with an investment adviser registered under the “Investment Advisers Act of 1940” (15 U.S.C. s.80b-1 et seq.) or an institutional investment manager required to make filings under subsection (f) of section 13 of the “Securities Exchange Act of 1934,” as amended (15 U.S.C. s.78m); institutional buyer, as defined pursuant to section 2 of the “Uniform Securities Law (1997),” P.L.1967, c.93 (C.49:3-49); small business investment company licensed by the United States Small Business Administration under subsection (c) of section 301 of the “Small Business Investment Act of 1958,” as amended (15 U.S.C. s.681); private equity or venture capital entity having or managing aggregate capital commitments in excess of $25,000,000; and other persons as the Attorney General may determine for reasons consistent with the policies of P.L.1983, c.392 (C.13:1E-126 et seq.). m. “Publicly traded corporation” means a corporation or other legal entity, except a natural person, which: (1) has one or more classes of security registered pursuant to section 12 of the “Securities Exchange Act of 1934,” as amended (15 U.S.C. s.78l); (2) is an issuer subject to subsection (d) of section 15 of the “Securities Exchange Act of 1934,” as amended (15 U.S.C. s.78o); or (3) has one or more classes of securities traded in an open market in any foreign jurisdiction, provided that the Attorney General determines that the foreign exchange provides openness, integrity, and oversight in its operations sufficient to meet the intent of P.L.1983, c.392 (C.13:1E-126 et seq.), or that the securities traded on the foreign exchange are regulated pursuant to a statute of a foreign jurisdiction that is substantially similar, both in form and effect, to section 12 or subsection (d) of section 15 of the “Securities Exchange Act of 1934,” as amended. n. “Broker” means a person who, for direct or indirect compensation, arranges agreements between a business concern and its customers for the collection, transportation, treatment, storage, processing, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services. “Broker” does not include a person who retains the services of a licensed business concern to provide for the collection, transportation, treatment, storage, processing, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, at a property owned by, or under the control of, the person. “Broker” also does not include an entity whose subcontractor carries out the collection, transportation, treatment, storage, processing, transfer, or disposal of solid waste or hazardous waste, or provides soil and fill recycling services within New Jersey or from New Jersey to an out-of-state facility, so long as the subcontractor that carries out such services is licensed. o. “Consultant” means a person who performs functions for a business concern engaged in the collection, transportation, treatment, storage, processing, brokering, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, provided that “consultant” shall not include a person who performs functions for a business concern and holds a professional license from the State in order to perform those functions. p. “Family member” means spouse, domestic partner, partner in a civil union, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the individual is related by blood, marriage, or adoption. q. “Soil and fill recyclable materials” means non-putrescible aggregate substitute, including, but not limited to, broken or crushed brick, block, concrete, or other similar manufactured materials; soil or soil that may contain aggregate substitute or other debris or material, generated from land clearing, excavation, demolition, or redevelopment activities that would otherwise be managed as solid waste, and that may be returned to the economic mainstream in the form of raw materials for further processing or for use as fill material. “Soil and fill recyclable materials” shall not include: (1) Class A recyclable material, as defined by regulation adopted pursuant to section 4 of P.L.1989, c.268 (C.13:1E-99.43); (2) Class B recyclable material, as defined by regulation adopted pursuant to section 4 of P.L.1989, c.268 (C.13:1E-99.43), that is shipped to a Class B recycling center approved by the department for receipt, storage, processing, or transfer in accordance with subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34); (3) beneficial use material for which the generator has obtained prior approval from the department to transport to an approved and designated destination pursuant to regulations adopted pursuant to subsection a. of section 6 of P.L.1970, c.39 (C.13:1E-6); (4) virgin quarry products, including, but not limited to, rock, stone, gravel, sand, clay, and other mined products; and (5) alternative fill, as defined in N.J.A.C. 7:26E-1.8, that is approved for use at a site under the direction and oversight of a licensed site remediation professional. r. “Sales person” means a person or persons that makes or arranges for sales for a business concern, for the collection, transportation, treatment, storage, processing, transfer, or disposal of solid waste or hazardous waste or the provision of soil and fill recycling services. s. “Soil and fill recycling license” means an approval to operate a business concern engaged in soil and fill recycling services issued pursuant to section 8 of P.L.1983, c.392 (C.13:1E-133). t. “Soil and fill recycling services” means the services provided by persons engaging in the business of the collection, transportation, processing, brokering, storage, purchase, sale, or disposition, or any combination thereof, of soil and fill recyclable materials. “Soil and fill recycling services” shall not include: (1) the operation of a solar electric power generation facility at a properly closed sanitary landfill where soil and fill materials have been previously deposited for permanent disposal; (2) the intra-utility transportation or processing of soil and fill recyclable materials; (3) remediation activities involving soil and fill recyclable materials conducted by a licensed site remediation professional or a certified subsurface evaluator at sites where that licensed site remediation professional has been hired pursuant to the “Site Remediation Reform Act,” sections 1 through 29 of P.L.2009, c.60 (C.58:10C-1 et seq.), that certified subsurface evaluator has been hired pursuant to P.L.1986, c.102 (C.58:10A-21 et seq.), or the department or the United States Environmental Protection Agency is publicly administering remedial activities at a site or is directly contracting for remedial activities at a site; (4) the transportation to or from, or the storage at, a single site of less than 200 cubic yards of soil and fill recyclable materials per day; or (5) the generation of soil by an entity governed by the Board of Public Utilities and its contractors, as well as contractors performing work on a public works project, State transportation agency, or any entity governed by the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.), provided that the removal, transportation, and disposal of the soil is in accordance with the project’s plans and specifications. u. “Extension of a utility facility” means property that a public utility does not own but in which a public utility has an easement, franchise rights, or other legal rights to install, maintain, repair, and operate its utility services, including, but not limited to, electric transmission and distribution lines, water pipes, and gas pipeline rights of way. v. “Intra-utility transportation or processing” means the transportation or processing of soil and fill recyclable materials where: (1) a public utility, or a utility contractor, generates the soil and fill recyclable materials at a utility facility or an extension of a utility facility; (2) the soil and fill recyclable materials are transported by a public utility or utility contractor to a utility facility that accepts soil, fill, and solid waste managed by the public utility or its utility contractor for temporary storage, characterization, and other management prior to final disposal or recycling; (3) the processing of soil and fill recyclable materials at the accepting utility facility is limited to the removal of residual recyclables such as concrete, asphalt, and wood from soil, and the solidification of wet soils using moisture-absorbing additives where required for transportation; (4) the final disposal or recycling of the soil and fill recyclable materials is undertaken in accordance with the provisions of the “Solid Waste Management Act,” P.L.1970, c.39 (C.13:1E-1 et seq.), the “New Jersey Statewide Mandatory Source Separation and Recycling Act,” P.L.1987, c.102 (C.13:1E-99.11 et al.), P.L.1983, c.392 (C.13:1E-126 et seq.), and any other applicable State solid waste law; and (5) any soil and fill recyclable materials that meet the classification requirements of hazardous waste are managed as hazardous waste in accordance with the provisions of any applicable State or federal laws. w. “Licensed site remediation professional” means the same as the term is defined in section 23 of P.L.1993, c.139 (C.58:10B-1). x. “Public utility” means an entity that is covered under the provisions of R.S.48:2-13, and that is regulated by the Board of Public Utilities pursuant to R.S.48:1-1 et seq., except that “public utility” shall not include a solid waste collection utility or a solid waste disposal utility. y. “Utility contractor” means an entity that is under agreement, contract, or other engagement with a public utility to undertake utility-related construction, excavation, maintenance, repair, transport, or other work, provided that the entity is under the direction, supervision, or oversight of the public utility. z. “Utility facility” means property owned, leased, operated, or otherwise under the control of a public utility. L.1983, c.392, s.2; amended 1989, c.34, s.29; 1991, c.269, s.1; 1995, c.72, s.1; 2009, c.253, s.1; 2011, c.68, s.1; 2019, c.397, s.3; 2025, c.330, s.1.
N.J. Stat. § 13:1E-15.1 — NJ Code / Title 13 / Chapter 1E / Section 1E-15.1
Hours of operation; facility within 1000 feet of residential zone
Status: in_force

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 zoned residential, other than a resource recovery facility, a baling facility and its related operations, a transfer station, or a recycling facility, shall be operated on any day before 7:00 a.m. or after 7:00 p.m.; provided, however, the department, upon finding that the public health, safety or welfare so requires, is authorized to exempt any solid waste disposal facility from the provisions of this supplementary act. L.1981, c. 81, s. 1, eff. March 25, 1981.
N.J. Stat. § 13:1G-4.3 — NJ Code / Title 13 / Chapter 1G / Section 1G-4.3
Exceptions to the "Noise Control Act of 1971."
Status: in_force

1. a. (1) (a) It shall not be a violation of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation established pursuant thereto, for a person to operate a beach bar, located outside of the Atlantic City Tourism District and existing and operating as of August 31, 2011, during normal business hours, as defined by the department, between May 15 and October 15. (b) (Deleted by amendment, P.L.2014, c.24) (2) It shall not be a violation of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation established pursuant thereto, for a person to operate an amusement park or a carnival amusement ride, existing and operating as of August 31, 2011, during normal business hours, as defined by the department, between May 15 and October 15, provided, however, that the person operating the carnival amusement ride, whether within an amusement park or otherwise, is complying with the recommendations of the manufacturer for maintaining and lubricating the carnival amusement ride to minimize, to the extent practicable, the noise sources within and on the ride. b. In the event of the replacement of a carnival amusement ride existing and in operation as of August 31, 2011, the ride shall remain subject to the provisions of paragraph (2) of subsection a. of this section provided that the noise emissions of the new carnival amusement ride are less than or equal to the noise emissions of the ride that is being replaced. c. As used in this section: "Amusement park" means "amusement park" as defined in section 1 of P.L.1992, c.118 (C.5:3-55). "Atlantic City Tourism District" means the district established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219). "Carnival amusement ride" means "carnival amusement ride" as defined in section 2 of P.L.1975, c.105 (C.5:3-32). L.2011, c.198, s.1; amended 2013, c.34; 2014, c.24.