This is a copy of the Certification of the December 23, 1997 Admendment to the Monmouth County District Solid Waste Management Plan signed by Commissioner Robert C. Shinn Jr. on April 24, 1998.
Office of the Commissioner
P.O. Box 402
Trenton, NJ 08625-0402
Tel. # 609-292-2885
|Fax. # 609-292-7695
| IN THE MATTER OF CERTAIN AMENDMENTS TO THE ADOPTED AND APPROVED SOLID WASTE MANAGEMENT PLAN OF THE MONMOUTH COUNTY SOLID WASTE MANAGEMENT DISTRICT |
CERTIFICATION OF THE DECEMBER 23, 1997 AMENDMENT TO THE MONMOUTH COUNTY DISTRICT SOLID WASTE MANAGEMENT PLAN |
BY ORDER OF THE COMMISSIONER:
A. Introduction
The New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.)
established a comprehensive system for the management of solid waste in New
Jersey. The Act designated all twenty-one (21) of the state's counties, and
the Hackensack Meadowlands District, as Solid Waste Management Districts,
and mandated that the Boards of Chosen Freeholders and the Hackensack Meadowlands
Development Commission develop comprehensive plans for waste management in
their respective districts. On August 31, 1980, the Department of Environmental
Protection (Department or DEP) approved, with modifications, the Monmouth
County District Solid Waste Management Plan (County Plan).
The Act requires that all district plans be based on and accompanied by a
report detailing the existing waste disposal situation in the district, and
a plan which includes the strategy to be followed by the district in meeting
the solid waste management needs of the district for a ten-year planning
period. The report must detail the current and projected waste generation
for the district, inventory and appraise all facilities in the district,
and analyze the waste collection and transportation systems which serve the
district. The disposal strategy must include the maximum practicable use
of resource recovery techniques. In addition to this strategy, the plan must
designate sufficient available suitable sites for the disposal of the district's
waste for a ten-year period.
The Act further provides that a district may review its County Plan at any
time and, if found inadequate, a new County Plan must be adopted. The Monmouth
County Board of Chosen Freeholders (County Freeholders) completed such a
review and on December 23, 1997, adopted an amendment to its approved County
Plan.
The amendment represents the County's response to the May 1, 1997 decision
of the United States Court of Appeals for the Third Circuit which declared
unconstitutional New Jersey's historic system of solid waste flow control.
[See Atlantic Coast Demolition and Recycling, Inc. v. Board of Chosen
Freeholders of Atlantic County et al. 112 F.3d 652 (3d Cir. 1997,
cert. den., November 10, 1997.] Specifically, each solid waste management
district must reevaluate its solid waste disposal strategy in light of this
recent court decision and, if necessary, initiate appropriate amendments
thereto.
In general, the Department refers the County to the solid waste regulations
at N.J.A.C. 7:26-1 et seq. to the extent they relate to specific
procedural and substantive issues addressed in this and subsequent plan
amendments. In addition, this certification is in no way intended by the
DEP to represent a legal determination regarding the effect of the Atlantic
Coast decision on any specific contract between public and/or private
parties.
The December 23, 1997 amendment proposes a market participant strategy which
provides for voluntary delivery of solid waste to the Monmouth County Reclamation
Center (landfill).
The amendment was circulated to various administrative review agencies for
review and comment, as required by law, on January 2, 1998. The Department
has reviewed this amendment on an expedited basis and has determined that
the amendment adopted by the County Freeholders on December 23, 1997 is approved
with modification as provided in N.J.S.A. 13:1E-24.
B. Findings and Conclusions with Respect to the Monmouth County District
Solid Waste Management Plan Amendment
Pursuant to N.J.S.A. 13:1E-24a(1), I have studied and reviewed the
December 23, 1997 amendment to the County Plan according to the objectives,
criteria, and standards developed in the Statewide Solid Waste Management
Plan and I find and conclude that this plan amendment, as modified, is consistent
with the Statewide Solid Waste Management Plan. In this regard, the County
Freeholders are notified of the issue of concern relative to the amendment
which is included in Section B.2. below.
In conjunction with the review of the amendment, the Department circulated
copies to sixteen federal and state administrative review agencies and solicited
their review and comment. Pursuant to N.J.S.A. 13:1E-24a(2) and (3),
these agencies included various bureaus, divisions, and agencies within the
Department. All agencies contacted are as follows:
Division of Parks and Forestry, DEP
Division of Fish, Game and Wildlife, DEP
Division of Compliance and Enforcement, DEP
Division of Solid and Hazardous Waste, DEP
Division of Water Quality, DEP
Office of Air Quality Management, DEP
Green Acres Program, DEP
Land Use Regulation Element, DEP
New Jersey Turnpike Authority
New Jersey Advisory Council on Solid Waste Management
Department of Agriculture
Department of Health
Department of Treasury
Department of Transportation
Department of Community Affairs
U.S. Environmental Protection Agency
1. Agency Participation in the Review of the December 23, 1997
Amendment
The following agencies did not object to the proposed
amendment:
Division of Compliance and Enforcement, DEP
Division of Parks and Forestry, DEP
Green Acres Program, DEP
Department of Community Affairs
Department of Agriculture
New Jersey Turnpike Authority
The following agencies did not respond to our requests for
comment:
Division of Water Quality, DEP
Division of Fish, Game and Wildlife, DEP
Office of Air Quality Management, DEP
Land Use Regulation Element, DEP
Department of Health
Department of Transportation
Department of Treasury
New Jersey Advisory Council on Solid Waste Management
U.S. Environmental Protection Agency
The following agency provided substantive comments as shown in
Section B. of the certification document.
Division of Solid and Hazardous Waste, DEP
2. Issue of Concern Regarding the December 23, 1997
Amendment
Issue: County Solid Waste System
The December 23, 1997 describes the history of the development of the County's
solid waste system and the various options to maintain this current system.
The County is desirous of becoming a market participant by offering contracts
for disposal services to its local municipalities and other customers. To
achieve a competitive market participant status, the County has lowered the
tipping fees at the County Reclamation Center. However, the tipping fee at
the disposal facility subsidized other services within the County's solid
waste system other than landfill disposal. These services include recycling,
waste reduction, household hazardous waste, inspection and enforcement programs.
To maintain a competitive market rate and to continue to fund nondisposal
related solid waste services, it is necessary for the County to develop a
mechanism to subsidize the County solid waste system. After examining the
various available options, the County selected pursuing the "Dedicated County
Line Item Tax." Although implementation of this option will require State
legislation, the County takes the position that the Dedicated County Line
Item Tax offers numerous advantages. Specifically, a dedicated tax offers
accountability, flexibility, reliability, and enforceability. Therefore,
the amendment proposes the implementation of a market participant strategy
based upon a Dedicated County Line Item Tax which is contingent upon enactment
of authorizing State legislation. Section C. of the certification approves
with modification this strategy contingent upon enactment of enabling State
legislation. Also, upon enactment of appropriate State legislation, Section
C. directs the County to notify the Department through an Administrative
Action (pursuant to N.J.A.C. 7:26-6.11(b)10.) prior to implementation
of the tax. Finally, Section C. notes that if such legislation is either
defeated or not forthcoming by December 1998, the County is directed to adopt
within 90 days of that date a subsequent amendment providing for an alternative
funding method.
C. Certification of the Monmouth County District Solid Waste Management
Plan Amendment
In accordance with N.J.S.A. 13:1E-1 et seq., specifically
N.J.S.A. 13:1E-21, which establishes specific requirements regarding
the contents of the district solid waste management plans, I have reviewed
the December 23, 1997 amendment to the approved County Plan and certify to
the County Freeholders that the December 23, 1997 amendment is approved with
modification as further specified below.
The County Plan inclusion of a market participant strategy which provides
for voluntary delivery of solid waste to the Monmouth County Reclamation
Center located in Tinton Falls Borough, Monmouth County is approved with
modification. Specifically, as noted in Section B.2., this strategy relies
upon a subsidization method which is the Dedicated County Line Item Tax that
cannot be implemented until authorizing State legislation is enacted. Therefore,
this strategy is approved with modification contingent upon enactment of
enabling State legislation. Also, as noted in Section B., upon enactment
of appropriate State legislation, the County should notify the Department
through an Administrative Action prior to implementation of the tax. Finally,
if such legislation is either defeated or not forthcoming by December 1998,
the County is directed to adopt within 90 days of that date a subsequent
amendment providing for an alternative funding method.
D. Other Provisions Affecting the Plan
Amendment
1. Contracts
Any contract renewal or new contract for solid waste collection or disposal
which is inconsistent with this amendment to the County Plan and which was
executed prior to the approval of this amendment and subsequent to the effective
date of the Solid Waste Management Act (July 29, 1977), and which shall further
be for a term in excess of one year, shall immediately be renegotiated in
order to bring same into conformance with the terms and provisions herein
set forth. Any solid waste collection operation or disposal facility registered
by the Department and operating pursuant to a contract as herein described,
shall be deemed to be in violation of this amendment and of the County Plan
if such renegotiation is not completed within ninety (90) days of the effective
date of this amendment provided, however, that any such registrant may, upon
application to the Department, and for good cause shown, obtain an extension
of time to complete such renegotiation.
2. Compliance
All solid waste facility operators and transporters registered with the
Department and operating within the County and affected by the amendment
contained herein shall operate in compliance with this amendment and all
other approved provisions of the County Plan. Any facility operator or
transporter who fails to comply with the provisions contained herein shall
be deemed to be in violation of N.J.S.A. 13:1E-1 et seq., in violation
of N.J.A.C. 7:26-1 et seq., and in violation of their registration
to operate a solid waste facility or a collection system issued thereunder
by the Department and shall be subject to the provisions and penalties of
N.J.S.A. 13:1E-9 and 12 and all other applicable laws.
3. Types of Solid Wastes Covered by the District Solid Waste
Management Plan
The provisions of the District Plan shall apply to all solid wastes defined
in N.J.S.A. 13:1E-3 and N.J.A.C. 7:26-2.13 and shall not apply
to liquid and hazardous waste. All nonhazardous materials separated at the
point of generation for sale or reuse are subject to regulation in accordance
with N.J.A.C. 7:26A-1 et seq.
4. Certification to Proceed with the Implementation of the Plan
Amendment
This document shall serve as the certification of the Commissioner of the
Department to the County Freeholders and pursuant to N.J.S.A. 13:1E-24c.
and f., the County shall proceed with the implementation of the approved
amendment, as modified, certified herein.
5. Definitions
For the purpose of this amendment and unless the context clearly requires
a different meaning, the definitions of terms shall be the same as those
found at N.J.S.A. 13:1E-3 and -99.12, N.J.A.C. 7:26-1.4, -2.13,
and N.J.A.C. 7:26A-1.3.
6. Effective Date of the Amendment
The approved amendment, as modified, to the County Plan contained herein
shall take effect immediately.
7. Reservation of Authority
Nothing contained herein shall be construed as a limitation on any other
action taken by the Department pursuant to its authority under the law. The
County Plan, including any amendment made thereto, shall conform with the
Statewide Solid Waste Management Plan, with appendices, which includes the
Department's planning guidelines, rules, regulations, orders of the Department,
and also includes the compilation of individual district plans and amendments
as they are approved.
E. Certification of Approval with Modification of the Amendment by
the Commissioner of the Department of Environmental
Protection
In accordance with the requirements of N.J.S.A. 13:1E-1 et seq., I
hereby approve with modification the amendment, as outlined in Section C.
of this certification, to the Monmouth County District Solid Waste Management
Plan which was adopted by the Monmouth County Board of Chosen Freeholders
on December 23, 1997.
April 24, 1998
_____________________________________
Date
Robert C. Shinn, Jr., Commissioner
Department of Environmental Protection