reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.86 - Approval, disapproval, conditional approval of mercury minimization plan.

13:1E-99.86 Approval, disapproval, conditional approval of mercury minimization plan.
5. a. Within 120 days after receipt of a mercury minimization plan, the commissioner shall approve, disapprove, or conditionally approve the entire mercury minimization plan. The commissioner may solicit input from representatives of vehicle recyclers, scrap recycling facilities, and other stakeholders as the commissioner deems appropriate.
(1) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within 30 days after receipt of approval or as otherwise agreed to by the commissioner. If the entire mercury minimization plan is disapproved, the commissioner shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have 30 days thereafter to submit a new mercury minimization plan.
(2) The commissioner may approve those parts of a mercury minimization plan that meet the requirements of section 4 of this act and disapprove the parts that do not comply with the requirements of section 4 of this act. The manufacturer shall implement the approved parts within 30 days after receipt of approval or as otherwise agreed to by the commissioner, and submit a revised mercury minimization plan for the disapproved parts within 30 days after receipt of notification of the disapproval of the commissioner. The commissioner shall review, and approve, conditionally approve, or disapprove a revised mercury minimization plan within 30 days after receipt.
(3) If, at the conclusion of the time period of 120 days after receipt of a mercury minimization plan, the commissioner has neither approved nor disapproved the mercury minimization plan pursuant to paragraph (1) or (2) of this subsection, the mercury minimization plan shall be considered to be conditionally approved. A manufacturer, subject to any modifications required by the commissioner, shall implement a conditionally approved mercury minimization plan within 30 days after receipt of approval or as otherwise agreed to by the commissioner.
b. The commissioner shall reserve the right to complete, at the conclusion of a time period 240 days after the date of enactment of this act, on behalf of a manufacturer, any portion of a mercury minimization plan that has not been approved pursuant to this section.
c. The commissioner may review a mercury minimization plan approved pursuant to this section and recommend modifications thereto at any time upon a finding that the approved mercury minimization plan is deficient.
L.2005,c.54,s.5.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.87 - Removal of mercury switches.

13:1E-99.87 Removal of mercury switches.
6. a. Commencing 30 days after the approval or conditional approval of a mercury minimization plan pursuant to section 5 of this act, a vehicle recycler who sells, gives or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury switches identified in the approved mercury minimization plan from the end-of-life vehicle prior to delivery to a scrap recycling facility, unless a mercury switch is inaccessible due to significant damage to the vehicle in the area surrounding the location of the mercury switch, in which case such damage shall be noted on the normal business records of the vehicle recycler who delivered the end-of-life vehicle to the scrap recycling facility.
b. Notwithstanding subsection a. of this section, a scrap recycling facility may agree to accept an end-of-life vehicle, which has not been intentionally flattened, crushed or baled, containing mercury switches, in which case the scrap recycling facility shall be responsible for removing the mercury switches identified in the mercury minimization plan approved pursuant to section 5 of this act before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.
c. A vehicle recycler or scrap recycling facility who removes mercury switches pursuant to subsection a. or subsection b. of this section shall maintain records documenting the number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, and the number of end-of-life vehicles processed for recycling. The records shall include the Vehicle Identification Number (VIN) of each vehicle from which one or more mercury switches were removed, and the number of mercury switches removed from that vehicle. These records shall be made available for review by the department upon the request of the department.
d. No person shall represent that mercury switches have been removed from an end-of-life vehicle being sold, given or otherwise conveyed for recycling if that person has not removed the mercury switches, or arranged with another person to remove the mercury switches.
e. Upon removal, mercury switches shall be collected, stored, transported, and otherwise handled in accordance with the mercury minimization plan approved pursuant to section 5 of this act.
f. Upon removal, mercury switches shall be collected, stored, transported, and otherwise handled in accordance with the provisions of the rules and regulations concerning universal waste adopted by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) and the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), as applicable.
L.2005,c.54,s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.88 - Manufacturer's report to commissioner relative to implementation of mercury minimization plan.

13:1E-99.88 Manufacturer's report to commissioner relative to implementation of mercury minimization plan.
7. a. One year after the implementation of a mercury minimization plan approved pursuant to section 5 of this act, and annually thereafter, a manufacturer subject to section 4 of this act shall, individually or as part of a group, report to the commissioner concerning the implementation of the mercury minimization plan. The report shall include, but need not be limited to, the following: (1) a detailed description and documentation of the capture rate achieved, with the goal of achieving a mercury switch capture rate of at least 90 percent, consistent with the principle that mercury switches shall be recovered unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding where the mercury switch is located; (2) a description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch capture rate of at least 90 percent is not achieved; (3) the number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, the number of end-of-life vehicles processed for recycling, and a description of how the mercury switches were managed; and (4) a description of the amounts paid to cover the costs of implementing the mercury minimization plan.
b. The commissioner may discontinue the requirement for the annual report pursuant to subsection a. of this section upon a finding that mercury switches in end-of-life vehicles no longer pose a significant threat to the environment or to public health.
L.2005,c.54,s.7.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.90 - Revision of policies of Department of the Treasury relative to purchase of vehicles.

13:1E-99.90 Revision of policies of Department of the Treasury relative to purchase of vehicles.
9. Notwithstanding any other policies and guidelines for the procurement of vehicles to the contrary, the Department of the Treasury shall, within one year after the effective date of this act, revise its policies, rules and procedures to give priority and preference to the purchase of vehicles that do not contain mercury, taking into consideration competition, price, availability and performance.
L.2005,c.54,s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.91 - Sale of certain mercury thermometers prohibited.

13:1E-99.91 Sale of certain mercury thermometers prohibited.
1. Within 180 days after the effective date of this act, no person shall sell, offer for sale, or offer for promotional purposes in this State a basal, oral or rectal mercury thermometer.
The provisions of this act shall not apply to thermometers utilized in research and development, for professional health care purposes, or for industrial, manufacturing or commercial purposes.
As used in this act, "mercury thermometer" means a device used for measuring temperature that contains liquid mercury.
L.2005,c.80,s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.92 - DEP responsible for compliance, public education program.

13:1E-99.92 DEP responsible for compliance, public education program.
2. a. The Commissioner of Environmental Protection shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination of information concerning the purpose of this act.
b. The Department of Environmental Protection shall have the right to enter, at any time during normal business hours and upon presentation of appropriate credentials, any retail establishment at which mercury thermometers are sold or offered for promotional purposes in order to determine compliance with the provisions of this act.
L.2005,c.80,s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.93 - Violations, penalties.

13:1E-99.93 Violations, penalties.
3. a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more than $1,000.00 for each offense, to be collected in a civil action by a summary proceeding under "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
b. The Department of Environmental Protection may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
L.2005,c.80,s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.94 - Short title.

13:1E-99.94 Short title.
1. P.L.2007, c.347 (C.13:1E-99.94 et seq.) shall be known and may be cited as the "Electronic Waste Management Act."
L.2008, c.130, s.21; amended 2008, c.130, s.21; 2016, c.87, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.99 - Noncompliance by manufacturer, prohibition from sales.

13:1E-99.99 Noncompliance by manufacturer, prohibition from sales.
6. a. Any manufacturer that is not in compliance with all financial and other requirements of this act shall be prohibited from selling or offering for sale in this State a covered electronic device.
b. Beginning on January 1, 2011, it shall be unlawful for any person to sell or offer for sale in this State a new covered electronic device from a manufacturer that is not in full compliance with the requirements of this act.
c. Beginning on January 1, 2011, the department shall maintain a list of all manufacturers in compliance with the requirements of this act and shall post the list on the department's Internet website.
d. Sellers of covered electronic devices in or into the State shall consult the list established by the department pursuant to subsection c. of this section prior to selling covered electronic devices in this State. A seller shall be considered to have complied with this responsibility if, on the date that the covered electronic device was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website.
L.2007, c.347, s.6; amended 2008, c.130, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.100 - Labeling of electronic device required.

13:1E-99.100 Labeling of electronic device required.
7. Beginning on January 1, 2010, a manufacturer or retailer may not sell or offer for sale a covered electronic device in this State unless the covered electronic device is labeled with the manufacturer's brand, and the label is permanently affixed and readily visible.
L.2007, c.347, s.7; amended 2008, c.130, s.5.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.101 - Compliance with Directive 2002/94/EC.

13:1E-99.101 Compliance with Directive 2002/94/EC.
8. Beginning on January 1, 2011, no person shall sell or offer for sale in this State a new covered electronic device, including a television, if the covered electronic device is prohibited from being sold or offered for sale in the European Union on or after its date of manufacture due to the concentration of one or more heavy metals in the covered electronic device exceeding its maximum concentration value, as specified in the Commission of European Communities' Decision of August 18, 2005, amending Directive 2002/95/EC (European Union document 2005/618/EC), or as specified in a subsequent amendment to the Directive. The sale or offer for sale of a new covered electronic device that exceeds the European Union heavy metal maximum concentration value on or after its date of manufacture shall be permitted if the use of the heavy metal is necessary to comply with consumer, health, or safety requirements imposed by the Underwriters Laboratories or federal or State law.
L.2007, c.347, s.8; amended 2008, c.130, s.6; 2012, c.79, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.102 - Duties of department, registration fee.

13:1E-99.102 Duties of department, registration fee.
9. a. (1) (a) By January 30, 2016, and by each January 30 thereafter, the department shall determine the market share for each manufacturer of covered electronic devices.
(b) By April 1, 2016, and by each April 1 thereafter, the department shall determine the total weight of covered electronic devices, including orphan devices, collected from consumers in this State during the previous program year.
(2) (Deleted by amendment, P.L.2016, c.87)
b. By February 1, 2010, and each January 1 thereafter, each manufacturer of covered electronic devices offered for sale for delivery in this State shall register with the department and pay a registration fee of $5,000. Any manufacturer to whom the department provides notification of a market share pursuant to subsection a. of section 12 of P.L.2007, c.347 (C.13:1E-99.105) and who has not previously filed a registration shall file a registration with the department within 30 days of receiving such notification from the department. Each manufacturer's registration and renewal shall include a list of all of the manufacturer's brands of covered electronic devices.
c. If a manufacturer's market share is .01 percent or less in the previous program year, the department shall not require a manufacturer to pay the registration fee or registration renewal fee, as appropriate, or otherwise comply with the requirements of section 10 of P.L.2007, c.347 (C.13:1E-99.103) in the subsequent year, pursuant to subsection b. of this section.
L.2007, c.347, s.9; amended 2008, c.130, s.7; 2012, c.79, s.4; 2016, c.87, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.104 - Information provided by retailer relative to recycling.

13:1E-99.104 Information provided by retailer relative to recycling.
11. a. A retailer shall provide information provided by the department that describes where and how to recycle the covered electronic device and opportunities and locations for the collection or return of the device, including limitations placed by collection sites on the number of covered electronic devices permitted for drop-off by consumers, through the use of a toll-free telephone number and website, information included in the packaging, or information provided accompanying the sale of the covered electronic device. This information shall be provided in clear written form in English and any other languages deemed to be primary languages by the State Department of Education.
b. Beginning January 1, 2011, a retailer shall only sell covered electronic devices from registrants. Retailers shall consult the list posted on the department's Internet website pursuant to section 6 of P.L.2007, c.347 (C.13:1E-99.99) prior to selling covered electronic devices in this State. A retailer shall be considered to have complied with this responsibility if on the date that the covered electronic device was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website.
L.2007, c.347, s.11; amended 2008, c.130, s.9
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.105a - Standard program for collection, transportation, recycling of covered electronic devices from consumers.

13:1E-99.105a Standard program for collection, transportation, recycling of covered electronic devices from consumers.
6. a. The department may establish a Statewide standard program for the collection, transportation, and recycling of covered electronic devices from consumers. The department may enter into contracts for the services required for the proper collection, transportation, and recycling of covered electronic devices. At a minimum, the Statewide standard program shall:
(1) designate collection locations throughout the State such that at least 90 percent of consumers are located within no more than 15 miles of a collection location;
(2) provide that all designated collection locations accept all covered electronic devices free of charge; and
(3) require that all designated collection locations, transporters, and authorized recyclers comply with State standards for the management of Class D universal waste as provided in N.J.A.C.7:26A-7.1 et seq. or any subsequently adopted standards for the management of covered electronic devices.
b. A manufacturer may meet its market share in weight obligation by participating in the Statewide standard program established pursuant to this section.
c. A manufacturer that participates in the Statewide standard program pursuant to this section shall pay a per pound rate established by the department for the collection, transportation, recycling, public education, and administrative costs of the program based upon the manufacturer's market share in weight obligation. In the first year of operation of the Statewide standard program, the department may bill each participating manufacturer by January 30, and each manufacturer participating in the program shall pay 25 percent of their market share in weight obligation based upon the per pound rate established. Subsequently, the department may bill each participating manufacturer on a quarterly basis at the end of each quarter of operation of the program, based upon the costs incurred during that quarter.
d. The department, or the administrator for the Statewide standard program designated by the department, shall reimburse a local government unit that collects or transports covered electronic devices and that is not otherwise identified as a collection location in the Statewide standard program, at the per pound rate established by the program for those services, for the costs incurred in the collection and transportation of covered electronic devices to a collection location designated under the Statewide standard program under the following conditions:
(1) the local government unit stores and transports the covered electronic devices in a manner consistent with State standard program requirements; and
(2) the local government unit complies with recordkeeping and invoicing requirements established by the department.
L.2016, c.87, s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.105b - Registration of authorized recycler; fee.

13:1E-99.105b Registration of authorized recycler; fee.
8. a. Except as provided in subsection d. of this section, by January 1, 2016 and each January 1 thereafter, each authorized recycler that accepts covered electronic devices from a consumer shall register with the department and pay a registration fee of $15,000.
b. The department shall use the fee to cover the costs of the development, implementation, and review of recordkeeping and data systems required of authorized recyclers, technical advice provided by the department to authorized recyclers, the review and analysis of reports required to be submitted by authorized recyclers, monitoring the disposition of recyclable materials recovered during the recycling of covered electronic devices, and any other technical analysis performed by the department pursuant to P.L.2007, c.347 (C.13:1E-99.94 et seq.).
c. Any authorized recycler that fails to register and pay the fee required pursuant to this section, or otherwise comply with the provisions of P.L.2007, c.347 (C.13:1E-99.94 et seq.), may not participate in the Statewide standard program established pursuant to section 6 of P.L.2016, c.87 (C.13:1E-99.105a), or any manufacturer's plan for the collection, transportation, and recycling of covered electronic devices approved by the department pursuant to section 10 of P.L.2007, c.347 (C.13:1E-99.103).
d. An authorized recycler that has been granted a general approval as a Class D recycling center by the department pursuant to the provisions of N.J.A.C.7:26A-3.1 et seq. and is in compliance with that approval, including the payment of the required fees, shall not be required to register and pay the fee imposed pursuant to subsection a. of this section.
L.2016, c.87, s.8.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.105c - Information required from operator of collection location.

13:1E-99.105c Information required from operator of collection location.
9. a. By February 1, 2016, and semiannually thereafter, the operator of every collection location identified in each manufacturer's plan submitted pursuant to section 10 of P.L.2007, c.347 (C.13:1E-99.103), any local government unit that collects covered electronic devices, and any collection location that collects covered electronic devices as a part of the Statewide standard program established pursuant to section 6 of P.L.2016, c.87 (C.13:1E-99.105a), shall identify:
(1) the total weight or volume of covered electronic devices collected in the prior six-month period at each collection location; and
(2) the date, time, and volume of covered electronic devices transported from the collection location, and the name and identifying information of the authorized recycler transporting the covered electronic devices.
On February 1 and August 1 of each year for the period ending on January 1 and July 1, as appropriate, the information shall be submitted to the department on forms and in a manner prescribed by the department.
b. By February 1, 2016, and semiannually thereafter, every authorized recycler identified in each manufacturer's plan submitted pursuant to section 10 of P.L.2007, c.347 (C.13:1E-99.103), and any authorized recycler that operates as a part of the Statewide standard program established pursuant to section 6 of P.L.2016, c.87 (C.13:1E-99.105a), shall identify:
(1) the address of each collection location that provides covered electronic devices to the authorized recycler and the total weight of covered electronic devices delivered or collected from each collection location;
(2) the weight of each type of covered electronic device delivered or collected from each collection location;
(3) the address of any facility where covered electronic devices are handled; and
(4) the disposition of the covered electronic devices or their components, including the market for all materials recycled or recovered from covered electronic devices, and the weight and disposition of all materials that are not recycled and are disposed of as residue from all covered electronic devices.
On February 1 and August 1 of each year for the period ending on January 1 and July 1, as appropriate, the information shall be submitted to the department on forms and in a manner prescribed by the department.
c. By February 1, 2016, and semiannually thereafter, each manufacturer or group plan administrator on behalf of a manufacturer, shall report to the department its progress towards achieving the manufacturer's market share in weight obligation on forms and in a manner prescribed by the department.
L.2016, c.87, s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.105d - Noncompliance; fee.

13:1E-99.105d Noncompliance; fee.
10. A manufacturer that fails to collect, transport, or recycle its required market share in weight obligation shall be assessed a fee equivalent to $0.50 per pound times its market share in weight obligation. A fee assessed pursuant to this section shall be appropriated and allocated annually to the "Electronic Waste Management Fund" established pursuant to section 11 of P.L.2016, c.87 (C.13:1E-99.105e). The assessment of the fee pursuant to this section shall be in addition to any other enforcement action that may be taken by the department for a violation of P.L.2007, c.347 (C.13:1E-99.94 et seq.).
L.2016, c.87, s.10.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.105e - "Electronic Waste Management Fund."

13:1E-99.105e "Electronic Waste Management Fund."
11. a. There is created in the Department of Environmental Protection, a special non-lapsing fund to be known as the "Electronic Waste Management Fund." The monies in the fund are dedicated and shall be used only to carry out the purposes enumerated in subsection b. of this section. The fund shall be credited with all revenues collected and deposited in the fund pursuant to section 17 of P.L.2007, c.347 (C.13:1E-99.110), and sections 6, 8, and 10 of P.L.2016, c.87 (C.13:1E-99-105a, C.13:1E-99.105b, and C.13:1E-99.105d), all interest and other income received from the investment of monies in the fund, and any monies which, from time to time, may otherwise become available for the purposes of the fund. Pending the use thereof pursuant to the provisions of subsection b. of this section, the monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the fund shall be credited to the fund for use as set forth in subsection b. of this section for other monies in the fund.
b. Monies deposited in the "Electronic Waste Management Fund" shall be used only for:
(1) the administration and enforcement of P.L.2007, c.347 (C.13:1E-99.94 et seq.); and
(2) any costs associated with the collection, transportation, and recycling of covered electronic devices pursuant to section 6 of P.L.2016, c.87 (C.13:1E-99.105a); and
(3) the proper removal and disposition of covered electronic devices that have been improperly abandoned, discarded, or otherwise disposed of on the lands or waters of the State.
L.2016, c.87, s.11.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.106 - Maintenance of Internet website, toll-free number listing recycling sites.

13:1E-99.106 Maintenance of Internet website, toll-free number listing recycling sites.
13. a. The department shall maintain an Internet website and toll-free number complete with up-to-date listings of where consumers can bring covered electronic devices for recycling under the provisions of this act.
b. (Deleted by amendment, P.L.2008, c.130)
c. (Deleted by amendment, P.L.2012, c.79).
d. No fees or costs may be charged to consumers for the collection, transportation, or recycling of covered electronic devices except that a nominal fee may be charged to a consumer if a financial incentive, such as a coupon, of equal or greater value is provided. Any authorized recycler may charge fees to schools or local government units for the reasonable costs incurred by the authorized recycler for the collection, transportation, or recycling of covered electronic devices.
L.2007, c.347, s.13; amended 2008, c.130, s.11; 2012, c.79, s.7.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.108 - Recycling of covered electronic devices; compliance with laws; performance requirements.

13:1E-99.108 Recycling of covered electronic devices; compliance with laws; performance requirements.
15. a. Covered electronic devices collected through any program in this State shall be recycled in a manner that is in compliance with all applicable federal, State, and local laws, regulations, and ordinances, and shall not be exported for disposal in a manner that poses a significant risk to the public health or the environment.
The provisions of this subsection shall apply to the collection and recycling of used televisions.
b. The department shall establish performance requirements for collectors, transporters, and authorized recyclers. Every collector, transporter, and authorized recycler shall, at a minimum, demonstrate compliance with the United States Environmental Protection Agency's Plug-In to eCycling Guidelines for Materials Management as issued and available on the United States Environmental Protection Agency's Internet website in addition to any other requirements mandated by federal or State law. The department shall maintain an Internet website that shall include a list of collectors, transporters, and authorized recyclers that it has determined have met these performance requirements.
L.2007, c.347, s.15; amended 2008, c.130, s.12.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.109 - Used covered electronic device, disposal as solid waste prohibited.

13:1E-99.109 Used covered electronic device, disposal as solid waste prohibited.
16. a. On and after January 1, 2011, no person shall knowingly dispose of a used covered electronic device, or any of the components or subassemblies thereof, as solid waste.
b. No solid waste facility in this State shall knowingly accept for disposal any truckload or roll-off container of solid waste containing a visible quantity of covered electronic devices, or any of the components or subassemblies thereof, as solid waste at any time.
c. An owner or operator of a solid waste facility may refuse to accept for disposal any truckload or roll-off container of solid waste containing a visible quantity of covered electronic devices or any of the components or subassemblies thereof.
d. An owner or operator of a solid waste facility shall not be found in violation of this section if the owner or operator has:
(1) made a good faith effort to comply with this section;
(2) posted in a conspicuous location at the solid waste facility a sign stating that covered electronic devices, or any of the components or subassemblies thereof, shall not be accepted at the solid waste facility; and
(3) notified, in writing, all persons authorized to deposit solid waste at the solid waste facility that covered electronic devices, or any of the components or subassemblies thereof, shall not be accepted at the solid waste disposal facility.
e. As used in this section, "solid waste facility" shall have the same meaning as set forth in section 3 of P.L.1970, c.39 (C.13:1E-3).
L.2007, c.347, s.16; amended 2008, c.130, s.13; 2012, c.79, s.8.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.111 - Rules, regulations; use of fees.

13:1E-99.111 Rules, regulations; use of fees.
18. a. (1) The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to effectuate the purposes of P.L.2007, c.347 (C.13:1E-99.94 et seq.).
(2) The department shall adopt rules and regulations, in accordance with the provisions of section 8 of P.L.2007, c.347 (C.13:1E-99.101), that prohibit a new covered electronic device from being sold or offered for sale in this State if the covered electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, to the extent that Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, and as amended thereafter by the Commission of European Communities, prohibits that sale due to the presence of certain heavy metals.
(a) The department shall exclude from the rules and regulations the sale of a new covered electronic device that contains a substance that is used to comply with the consumer, health, or safety requirements that are required by the Underwriters Laboratories or federal or State law.
(b) In adopting rules and regulations pursuant to this subsection, the department may not require the manufacture or sale of a new covered electronic device that is different than, or otherwise not prohibited by, the European Union under Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003. The department shall use, in addition to any other information deemed relevant by the department, the published decisions of the Technical Adaptation Committee and European Union member states that interpret the requirements of Directive 2002/95/EC.
b. The department may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative Procedure Act," establish and charge reasonable fees for any of the services to be performed in connection with P.L.2007, c.347 (C.13:1E-99.94 et seq.), which shall cover the full costs incurred by the department for the review of plans and for other costs incurred by the department for implementation of P.L.2007, c.347 (C.13:1E-99.94 et seq.).
L.2007, c.347, s.18; amended 2008, c.130, s.15; 2016, c.87, s.12.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.112 - Establishment of organizations, compacts.

13:1E-99.112 Establishment of organizations, compacts.
19. The department is authorized to participate in the establishment and implementation of a regional, multi-state organization or compact that is consistent with the requirements of P.L.2007, c.347 (C.13:1E-99.94 et seq.).
L.2007, c.347, s.19; amended 2008, c.130, s.16; 2016, c.87, s.13.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.113 - Intent of act; implementation of national program.

13:1E-99.113 Intent of act; implementation of national program.
20. The provisions of P.L.2007, c.347 (C.13:1E-99.94 et seq.) are intended to govern all aspects of the collection and recycling of covered electronic devices as those terms are defined in section 2 of P.L.2007, c.347 (C.13:1E-99.95). Upon a determination by the Department of Environmental Protection of an equivalent national program to collect or recycle covered electronic devices, the Commissioner of Environmental Protection shall notify, in writing, the Governor, the President of the Senate and the Speaker of the General Assembly, and the members of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or their successors, of this determination.
The provisions of P.L.2007, c.347 (C.13:1E-99.94 et seq.) shall expire 60 days after the date of the notification required pursuant to this section or within the timeframe provided by federal law, as appropriate.
The department shall provide notice in the New Jersey Register of any determination made pursuant to this section, and shall take any administrative action necessary in order to implement the national program.
L.2007, c.347, s.20; amended 2008, c.130, s.17; 2016, c.87, s.14.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.114 - Report posted on website, submitted to Legislature.

13:1E-99.114 Report posted on website, submitted to Legislature.
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.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.115 - Guidelines for handling food waste for certain institutions.

13:1E-99.115 Guidelines for handling food waste for certain institutions.
1. a. Within 90 days after the effective date of this act, the Department of Environmental Protection, in consultation with the Department of Agriculture, the Department of Education, the Department of Health, and the Office of the Secretary of Higher Education, shall establish, or work with appropriate nonprofit organizations to establish, voluntary guidelines to encourage and facilitate the ability of K-12 schools and institutions of higher education to reduce, recover, and recycle food waste.
b. The guidelines shall include, but need not be limited to:
(1) information on food waste generally, and the benefits of reducing, recovering, and recycling food waste;
(2) recommendations for how schools can incorporate this information in their curricula, and create programs and activities for the reduction, recovery, and recycling of food waste;
(3) recommendations for how schools can reduce the volume of surplus food they generate, including, but not necessarily limited to, conducting food audits, eliminating trays in cafeterias, enacting longer lunch periods, scheduling lunch periods after recess, establishing "offer versus serve" policies, and allowing students to keep uneaten food;
(4) guidance on how schools can create share tables in their cafeterias where students may return uneaten food that is still in its original packaging or peel for consumption by other students, resale, or donation;
(5) information on cost-effective, safe, and sanitary means by which schools may donate excess, unused, and edible food to food banks, food pantries, soup kitchens, and other nonprofit organizations that distribute food to needy individuals; and
(6) information on how schools can recycle their food waste, including the creation of on-site composting programs.
c. The Department of Environmental Protection, the Department of Education, and the Office of the Secretary of Higher Education shall post the guidelines on their respective Internet websites.
L.2017, c.210, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.116 - Certain wheel weights prohibited; terms defined.

13:1E-99.116 Certain wheel weights prohibited; terms defined.
1. a. No person shall install on any motor vehicle a weight or other product used to balance a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the manufacture of the product.
b. No person shall sell or offer to sell a weight or other product for balancing a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the manufacture of the product.
c. No person shall sell a new motor vehicle equipped with a weight or other product used to balance a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the manufacture of the product.
d. As used in this act:
"Motor vehicle" means the same as that term is defined in R.S.39:1-1.
"New motor vehicle" means a motor vehicle that has not been previously sold to a person other than a distributor, wholesaler, or dealer of motor vehicles for resale.
L.2017, c.257, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.117 - Public education program.

13:1E-99.117 Public education program.
2. a. The Department of Environmental Protection shall establish a public education program to assure the widespread dissemination of information concerning the provisions of this act.
b. The department shall have the right to enter, at any time during normal business hours, and upon presentation of appropriate credentials, any retail establishment at which weights and other products used to balance motor vehicle wheels or tires are used or sold, and any new motor vehicle dealer, in order to determine compliance with the provisions of this act.
L.2017, c.257, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.118 - Violations, penalties.

13:1E-99.118 Violations, penalties.
3. a. Any person convicted of a violation of this act shall be subject to a penalty of up to $2,500 for each offense, to be collected by the State in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this section.
b. The department may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
L.2017, c.257, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.119 - Sale, distribution of products containing asbestos prohibited.

13:1E-99.119 Sale, distribution of products containing asbestos prohibited.
1. a. No person shall sell, offer for sale, or distribute in the State any product that contains asbestos.
b. Nothing in this act shall be construed to impose liability on any news media that accept or publish advertising for any product that would otherwise be subject to the provisions of this section.
c. As used in this section: "asbestos" means the same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).
L.2019, c.114, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.120 - Public education program; enforcement.

13:1E-99.120 Public education program; enforcement.
2. a. The Department of Environmental Protection shall establish a public education program to assure the widespread dissemination of information concerning the prohibition contained in section 1 of this act.
b. The department shall have the right to enter, at any time during normal business hours, and upon presentation of appropriate credentials, any retail establishment in order to determine compliance with the provisions of this act.
L.2019, c.114, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.121 - Violations, penalties.

13:1E-99.121 Violations, penalties.
3. a. Any person convicted of a violation of this act shall be subject to a penalty of up to $2,500 for each offense, to be collected by the State in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this section.
b. The department may institute a civil action for injunctive relief in the Superior Court to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
L.2019, c.114, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.122 - Definitions relative to food waste.

13:1E-99.122 Definitions relative to food waste.
1. As used in P.L.2020, c.24 (C.13:1E-99.122 et al.):
"Alternative authorized food waste recycling method" means: (1) recycling food waste at the site at which it is generated as authorized by the Department of Environmental Protection; (2) treating food waste at the site at which it is generated pursuant to a permit issued by the department; (3) sending food waste for offsite use for agricultural purposes, including as animal feed; (4) sending food waste offsite for treatment with sewage sludge in an anaerobic digester for renewable natural gas or biogas recovery as authorized by the department; or (5) any other method of recycling or reuse of food waste, as authorized by the department.
"Authorized food waste recycling facility" means a Class C recycling center within the State authorized to accept, store, process, or transfer food waste or compostable material, pursuant to subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34).
"Department" means the Department of Environmental Protection.
"Food waste" means food processing vegetative waste, food processing residue generated from processing and packaging operations, overripe produce, trimmings from food, food product over-runs from food processing, soiled and unrecyclable paper generated from food processing, and used cooking fats, oil, and grease, but shall not include food donated by the generator for human consumption, any waste generated by a consumer after the generator issues or sells food to the consumer, or any waste regulated by 7 C.F.R. ss.330.400 through 330.403 and 9 C.F.R. s.94.5.
"Large food waste generator" means any commercial food wholesaler, distributor, industrial food processor, supermarket, resort, conference center, banquet hall, restaurant, educational or religious institution, military installation, prison, hospital, medical facility, or casino that produces at least 52 tons per year of food waste; provided that "large food waste generator" shall not include any interstate carrier conducting interstate transportation operations in the post-security area of an international airport.
"Source separate" or "source separated" means the process by which food waste is separated at the point of generation by the generator thereof from other solid waste for the purpose of recycling.
L.2020, c.24, s.1.