reglab/housing_qa huggingface dataset:
NJ Rev Stat § 13:1E-48.17 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.17 - Noncompliance determination

13:1E-48.17. Noncompliance determination  a. On or after the first day of the 25th month following the effective date of this act, the department shall make a written determination as to whether each county required to provide for its regulated medical waste disposal requirements has selected and implemented an appropriate disposal arrangement. In the event that a county has failed to provide for its regulated medical waste disposal requirements pursuant to section 16 of this act, the commissioner shall certify the failure of that county.  b. In the event that the department determines that a county has failed to fulfill its regulated medical waste disposal responsibilities, as certified by the commissioner pursuant to subsection a. of this section, the department shall hold a public hearing thereon within 30 days of making the determination. At the public hearing, the relevant county shall have the burden to show that the county has taken timely and significant action toward providing for its regulated medical waste disposal requirements and that the determination of the department is unwarranted. Within 45 days of the conclusion of the hearing, the department shall make a final determination, which action shall be considered to be final agency action thereon for the purposes of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court.  c. In the event that the department makes a final determination after the public hearing that a county has failed to fulfill its regulated medical waste disposal responsibilities, the department shall have the power to designate and develop in that county one or more appropriate regulated medical waste disposal facilities, which facilities may utilize incineration or non-incineration technologies, to be utilized by the county or several counties on a regional basis.  L. 1989, c. 34, s. 17.
NJ Rev Stat § 13:1E-48.18 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.18 - Payments to county; surcharges

13:1E-48.18. Payments to county; surcharges  a. Any county within which a solid waste facility is located pursuant to an adopted and approved district solid waste management plan, which facility is a designated recipient of regulated medical waste pursuant to an interdistrict or intradistrict waste flow order issued by the Board of Public Utilities, in conjunction with the Department of Environmental Protection, may be entitled to an annual economic benefit in an amount established by agreement with the owner or operator of the solid waste facility. The governing body of the relevant county may negotiate with the owner or operator of the solid waste facility for the payment of an annual economic benefit.  b. If the parties reach an agreement on the amount of an annual economic benefit, the owner or operator of the solid waste facility shall petition the board for an adjustment in its disposal tariff. The petition shall be accompanied by a copy of the agreement which reflects the proposed annual payments and shall be filed with the board prior to its implementation. The board, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be paid by the users of the facility as an automatic surcharge on any tariff filed with, and recorded by, the board for the regulated medical waste disposal operations of the facility. The surcharge shall be calculated and itemized in all appropriate tariffs on a per ton basis. In the event that any regulated medical waste is measured, upon acceptance for disposal, by other than tons, the surcharge shall be calculated and itemized by using the equivalents thereof as shall be determined by the board.  c. In issuing any order required by this section, the Board of Public Utilities shall be exempt from the provisions of R.S. 48:2-21.  L. 1989, c. 34, s. 18.
NJ Rev Stat § 13:1E-48.19 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.19 - Regional procedures

13:1E-48.19. Regional procedures  The departments shall seek the cooperation of their counterparts in the states of New York and Pennsylvania in developing regional regulated medical waste tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal procedures consistent with those set forth in this act. The departments shall prepare, and transmit annually to the Governor and the Legislature, a report summarizing these discussions, including recommendations for appropriate executive and legislative action.  L. 1989, c. 34, s. 19.
NJ Rev Stat § 13:1E-48.21 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.21 - Strict liability

13:1E-48.21. Strict liability  Any person who violates any provision of this act, which violation proximately results in the discharge of regulated medical waste into the waters or onto the land of this State, shall be strictly liable, jointly and severally, without regard to fault, for all costs, no matter by whom sustained, associated with the cleanup and removal of the regulated medical waste.  L. 1989, c. 34, s. 21.
NJ Rev Stat § 13:1E-48.22 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.22 - Temporary approval

13:1E-48.22. Temporary approval  During the first registration year of each applicant, or the year following any violation of this act resulting in a revocation of registration, the departments may give temporary approval of registrations conditioned upon the applicant's effecting specified additions, changes, or improvements in methods of operation and equipment within the time and manner as may be required by the departments. The fee for the temporary approval shall be the same as that established pursuant to this act for the corresponding regular registration, notwithstanding the length of time for which it is given.  L. 1989, c. 34, s. 22.
NJ Rev Stat § 13:1E-48.23 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.23 - Revocation; suspension of registration; reissuance, reinstatement.

13:1E-48.23 Revocation; suspension of registration; reissuance, reinstatement.  23. a. The departments, after hearing, may revoke or suspend the registration issued to any transporter or facility upon a finding that the transporter or facility has:  (1) violated this act, or any rule, regulation, or administrative order adopted or issued pursuant thereto;  (2) violated any law, or any rule, regulation, or administrative order adopted or issued pursuant thereto, related to pollution of the environment or endangerment of the public health; or (3) refused or failed to comply with any lawful order of either of the departments. b. If the transporter or facility continues to operate while suspended the departments shall revoke the registration and authorization of the transporter or facility to operate in the State. After completion of the term of suspension, a transporter or facility may, after a hearing, reapply to the departments to have their registration, or other authorization to operate, reissued or reinstated. (1) If a violation involving the illegal or improper disposal of regulated medical waste in New Jersey is committed by a transporter or facility that is registered and authorized in another state, the Attorney General of New Jersey shall notify the Attorney General or other equivalent authority of that state within 30 days. (2) If information concerning a transporter or facility registered and authorized 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 other State governmental entity shall forward the information to the departments. Within 60 days, the departments shall determine if the information is sufficient to hold a hearing and consider the suspension or revocation of any registration or other authorization to operate, pursuant to this section. L.1989, c.34, s.23; amended 2012, c.65, s.3.
NJ Rev Stat § 13:1E-48.23a (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.23a - Violations, revocation of generator's registration; application for reissuance.

13:1E-48.23a Violations, revocation of generator's registration; application for reissuance.  4. If, after a hearing, the Commissioner of Environmental Protection and Commissioner of Health and Senior Services determine that a generator is in violation of P.L.1989, c.34 (C.13:1E-48.1 et al.), or any rule or regulation adopted pursuant thereto, and the violation relates to the willful illegal or improper disposal of regulated medical waste, the Department of Environmental Protection and Department of Health and Senior Services, in addition to any other applicable penalties, may suspend or revoke the generator's registration issued by the departments for the generator to operate in the State. After completion of the term of suspension, a generator may, after a hearing, reapply to the department to have their registration reissued. a. If a violation involving the illegal or improper disposal of regulated medical waste in New Jersey is committed by a generator that is registered and authorized 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 generator who is registered 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 other State governmental entity shall forward the information to the departments. Within 60 days, the departments shall determine if the information is sufficient to hold a hearing and consider the suspension or revocation of any registration or other authorization to operate, pursuant to this section. L.2012, c.65, s.4.
NJ Rev Stat § 13:1E-48.23b (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.23b - Violations, revocation of health care professionals' license; application for reissuance.

13:1E-48.23b Violations, revocation of health care professionals' license; application for reissuance.  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.
NJ Rev Stat § 13:1E-48.24 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.24 - Reward to informant

13:1E-48.24. Reward to informant  A member of the public who supplies information to an enforcing authority that proximately results in the imposition and collection of a civil penalty as the result of a civil action brought pursuant to subsection f. of section 20 of this act, or any rule or regulation adopted, administrative order issued, or assessment imposed pursuant thereto, or the imposition and collection of a criminal penalty as a result of a criminal action brought pursuant to subsection g., h., i., or j. of section 20 of this act, shall be entitled to a reward of 10% of the penalty collected, or $250, whichever amount is greater. The reward shall be paid by the appropriate department from any money received by the department pursuant to section 20 of this act. The Attorney General shall adopt, pursuant to the "Administrative Procedure Act," rules and regulations necessary to implement this section, including procedures to provide for the protection of the identity of persons providing information to an enforcing authority concerning a violation of this act in appropriate circumstances.  L. 1989, c. 34, s. 24.
NJ Rev Stat § 13:1E-48.25 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.25 - State agencies included

13:1E-48.25. State agencies included  The State and any of its political subdivisions, public agencies, and public authorities shall be deemed a person within the meaning of this act.  L. 1989, c. 34, s. 25.
NJ Rev Stat § 13:1E-48.26 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.26 - Allocation of fees

13:1E-48.26. Allocation of fees  The monies collected from the fees imposed pursuant to sections 7, 8, and 10 of this act shall be utilized by the departments to administer and enforce this act, and shall be allocated as follows: 75% to the Department of Environmental Protection and 25% to the Department of Health.  L. 1989, c. 34, s. 31.
NJ Rev Stat § 13:1E-48.27 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.27 - Rules, regulations

13:1E-48.27. Rules, regulations  The departments shall, pursuant to the "Administrative Procedure Act," adopt rules and regulations necessary to implement this act.  L. 1989, c. 34, s. 32.
NJ Rev Stat § 13:1E-48.28 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-48.28 - Local regulation superseded

13:1E-48.28. Local regulation superseded  The provisions of this act and any rule or regulation promulgated thereunder shall supersede any local ordinance, rule or regulation concerning the proper and safe tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of regulated medical waste.  L. 1989, c. 34, s. 33.
NJ Rev Stat § 13:1E-49 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-49 - Short title

13:1E-49. Short title  Sections 1 through 43 inclusive of this act shall be known and may be cited as the "Major Hazardous Waste Facilities Siting Act." L.1981, c. 279, s. 1, eff. Sept. 10, 1981.
NJ Rev Stat § 13:1E-50 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-50 - Legislative findings and declarations

13:1E-50. Legislative findings and declarations  The Legislature finds and declares that the proper treatment, storage or disposal of hazardous waste generated in this State is today the exception, rather than the rule; that the improper treatment, storage or disposal of hazardous waste results in substantial impairment of the environment and the public health; that insuring the proper treatment, storage or disposal of hazardous waste is a public purpose in the best interests of all citizens of this State; and that the only way to accomplish this purpose is to provide for the siting, design, construction, operation and use of environmentally acceptable major hazardous waste facilities. The Legislature further finds and declares that certain environmentally sensitive areas must be preserved and therefore excluded from consideration as sites for any major hazardous waste facilities because the risk of irreversible ecological damage, despite the application of sound engineering practices, is too great to be tolerated. The Legislature further finds and declares that the choice of hazardous waste disposal sites is now made, all too frequently, on an indiscriminate and illegal basis; that it is necessary to establish a mechanism for the rational siting of hazardous waste facilities; that the informed participation of the public and of elected and appointed officials at all levels of government is essential to establish this mechanism; that the proper siting, design, construction, operation and use of major hazardous waste facilities must be provided in a timely fashion; that these facilities should be totally or partially constructed above existing grade and physically accessible to inspection personnel, unless such construction is technologically or economically impracticable and the hazardous waste to be treated, stored or disposed of therein can be effectively monitored; and that major hazardous waste facilities should be privately operated and subject to strict governmental regulation, all as hereinafter provided. L.1981, c. 279, s. 2, eff. Sept. 10, 1981.
NJ Rev Stat § 13:1E-53 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-53 - Powers

13:1E-53. Powers  The commission shall have the following powers: a. To adopt bylaws for the regulation of its affairs and the conduct of its business; b. To adopt and have a seal and to alter the same at its pleasure; c. To sue and be sued; d. To enter into contracts upon such terms and conditions as the commission shall determine to be reasonable, and to pay or compromise any claim arising therefrom; e. To call to its assistance and avail itself of the services of such employees of any State, county or municipal department, board, commission or agency as may be required and made available for such purposes; f. To contract for and to accept any gifts or grants or loans of funds or financial or other aid in any form from the United States of America or any agency, instrumentality or political subdivision thereof, or from any other source and to comply, subject to the provisions of the act, with terms and conditions thereof; g. To employ an executive director, consulting engineers, architects, attorneys, real estate counselors, appraisers, and such other consultants and employees as may be required in the judgment of the commission to carry out the purposes of this act, and to fix and pay their compensation from funds available to the commission therefor, all without regard to the provisions of Title 11, Civil Service, of the Revised Statutes; h. To hold public meetings or hearings within this State on any matter related to the need for, or the siting of, major hazardous waste facilities; i. To do and perform any acts and things authorized by this act under, through or by means of its own officers, agents and employees, or by contract with any person; j. To adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) rules and regulations establishing eligibility standards to be utilized by the department in granting exemptions pursuant to subsection e. of section 12 of this act. L.1981, c. 279, s. 5, eff. Sept. 10, 1981.
NJ Rev Stat § 13:1E-55.1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-55.1 - Annual program analysis required.

13:1E-55.1 Annual program analysis required.  3. a. The Director of the Office of Management and Budget shall annually conduct an analysis of the program established in the Department of Environmental Protection for the cleanup of hazardous discharges in the State. This program analysis shall include an evaluation of the staff levels necessary to efficiently carry out the program and an analysis of the most efficient use of the various sources of funds dedicated to the cleanup program.  b. The program analysis shall be submitted to the Commissioner of Environmental Protection for review and to the State Auditor for utilization in the preparation of the audit report.  c. (Deleted by amendment, P.L.2007, c.39). L.1989, c.243, s.3; amended 2007, c.39, s.20.
NJ Rev Stat § 13:1E-61 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-61 - Criteria for new major hazardous waste facilities; failure to meet requirements; approval; findings

13:1E-61. Criteria for new major hazardous waste facilities; failure to meet requirements; approval; findings  a. The provisions of any other law to the contrary notwithstanding, all new major hazardous waste facilities shall be: (1) Totally or partially constructed above existing grade; (2) Physically accessible to inspection personnel; (3) Designed to allow 99.9% extraction of all hazardous waste stored or disposed of therein; and (4) Designed to prevent any significant adverse impact on the environment or public health. b. Registration statements and engineering designs for secure landfills or other facilities which do not meet the requirements of criterion (1) or (2) of subsection a. of this section may be approved by the department only upon a finding that: (1) All alternatives to the proposed facility design are technologically or economically impracticable; (2) All hazardous waste to be treated, stored or disposed of in the proposed facility can be effectively monitored; (3) The requirements of criteria (3) and (4) of subsection a. of this section will not be violated; and (4) Such approval is consistent with the purposes and provisions of this act. L.1981, c. 279, s. 13, eff. Sept. 10, 1981.
NJ Rev Stat § 13:1E-62 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1E-62 - Joint and severally strict liability of owners and operators

13:1E-62. Joint and severally strict liability of owners and operators  a. Every owner or operator of a major hazardous waste facility shall be jointly and severally strictly liable, without regard to fault, for: (1) All direct and indirect damages, no matter by whom sustained, proximately resulting from the operations or closure of the facility, including any personal injuries or medical expenses incurred as a result thereof; and (2) The cleanup and removal of any discharge of a hazardous substance, as defined in section 3 of P.L.1976, c. 141 (C. 58:10-23.11b), which occurs at the facility; b. The liability imposed pursuant to this section shall be subject only to the monetary limits and defenses provided in section 8 of P.L.1976, c. 141 (C. 58:10-23.11g). L.1981, c. 279, s. 14, eff. Sept. 10, 1981.