USA – NEW JERSEY Law and Practice Contributed by: Nicole Dory, Christina Sartorio Ku, Meredith Rubin and Camryn Goldstein, Connell Foley LLP
15. Waste 15.1 Key Laws and Regulatory Controls There are various state statutes and regulations gov- erning solid and hazardous waste in New Jersey. Counties are also statutorily authorised by the Solid Waste Management Act to develop solid waste man- agement plans, and municipalities can participate in the adoption of such plans. The NJDEP Division of Sustainable Waste Manage- ment oversees facilities, transporters, and others that handle waste. The Division also oversees recycling, medical waste, and food waste. The United States EPA Region 2 also oversees federal statutes and regu- lations governing waste, such as the RCRA. NJDEP’s Bureau of Solid Waste Planning & Licensing regulates solid waste planning, solid waste public utili- ties, and licensing. Businesses in the waste, soil and fill, and recycling industries must obtain an “A-901” licence. The A-901 Unit issues licences and oversees disclosure statements and may issue revocations if a licensed company violates the rules. NJDEP’s Bureau of Solid Waste Permitting reviews permit applications for solid waste landfills, resource recovery facilities, transfer stations and recovery facili- ties, and data management. NJDEP’s Bureau of Recycling and Hazardous Waste Management oversees hazardous waste permits, recycling centres, and covered electronic device recy- cling. Counties and municipalities are also statutorily author- ised by the Solid Waste Management Act to develop solid waste management plans. 15.2 Retention of Environmental Liability Under RCRA, parties that produce, transport, store, and dispose of hazardous waste are strictly liable for their hazardous waste. Thus, waste facility owners and operators can be held liable for hazardous waste even after it has been disposed of by a third party. New Jersey imposes strict liability to promote proper disposal.
New Jersey’s Spill Act operates similarly, where strict liability applies regardless of a party’s fault. Courts will allocate joint and several liability between responsible parties, but other responsible parties may seek con- tribution for cleanup costs. 15.3 Circular Economy Requirements New Jersey’s policies seek to encourage reuse and recycling and minimise the use of landfills. Manufacturers of certain batteries, such as mercuric oxide batteries, nickel-cadmium batteries, and sealed lead rechargeable batteries, are responsible for the collection, transportation, and recycling or disposal of the batteries. Beginning in January 2027, New Jersey’s Electric Hybrid Vehicle Management Act will prohibit pro- pulsion batteries from being disposed of in landfills. Liability applies to battery manufacturers, which pro- motes battery recycling. Consumer appliance manufacturers must design prod- ucts with readily removable batteries, and retailers of such products may have to accept used rechargeable batteries from consumers. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators are subject to regulations that pro- vide for environmentally conscious operations and the protection of public health. Operators must register with NJDEP. Collectors and disposers of solid waste must obtain a certificate of public convenience and necessity from the NJDEP. If waste operators do not abide by their permits or violate waste regulations, they may be subject to civil administrative penalties and compliance assistance programmes. Criminal charges are also available enforcement mechanisms. Courts may also impose injunctive relief such as properly closing landfills or abating environmental hazards.
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