Recycling Enforcement Responsibilities Who has what responsibility? John Castner, Director Division of County Environmental & Waste Enforcement
Who Plays a Role in Recycling Enforcement? DEP n CEHA Agency n Solid Waste Utility or other County Authority n Local Board of Health n Local Recycling Coordinator n Other Local Entities n
DEP’s Enforcement Role n n Authority: Solid Waste Management Act (SWMA) as amended (N. J. S. A. 13: 1 E-1 et seq. ) & implementing regulations, administrative orders, permits, etc. Inspection Universe: Recycling Facilities, Transporters, & Generators Enforcement Tools: Compliance Assistance NOVs, AONOCAPAs, AO’s, ACOs, Court Judicial Forum: Superior Court (injunctive relief); Superior Court (actions to collect a penalty)
County Solid Waste Utility or other Authority’s Role n n Authority: SWMA & CEHA (If CEHA contractor); District SWMP (if identified in the plan as the enforcement entity) N. J. S. A. 13: 1 E-99. 13 Inspection Universe: As identified in the SWMP or CEHA contract Enforcement Tools: Compliance Assistance, NOVs (& Penalties), Summonses Judicial Forum: Superior Court or Municipal Court having jurisdiction
Local Recycling Coordinator Role Authority: SWMA for Local Recycling Ordinance (N. J. S. A. 13: 1 E-99. 16) n Inspection Universe: As identified in the ordinance n Enforcement Tools: As identified in the ordinance n Judicial Forum: Municipal Court n
Local Board of Health Role n n Authority: SWMA or local recycling or antidumping ordinance Inspection Universe: (SWMA) Could include generators, transporters, recycling facilities; and/or as identified in the recycling ordinance Enforcement Tools: NOVs, Citation, Summons Judicial Forum: Superior Court (for SWMA) or Municipal Court
Other Local Entities Authority: Local recycling or antidumping ordinances n Universe: As identified in the ordinance n Enforcement Tools: As identified in the ordinance n Judicial Forum: Municipal Court n
CEHA’s Role n n Authority: SWMA and County Environmental Health Act (N. J. S. A. 26: 3 A 2 -21 et seq. ) Inspection Universe: Complaint Investigations, Generators, transporters, and recycling facilities Enforcement Tools: Compliance Assistance – NOVs (& Penalties), Summonses Judicial Forum: Superior Court or Municipal Court having jurisdiction
DEP penalties for non-compliance Statutory: max. $50, 000/violation/day n Regulatory - penalty tables x severity factor multiplier (if applicable) NM = $4, 500 - $10, 000 M = $3, 000 (+ grace period) n Regulatory - penalty matrix n Used when violation is not listed in the DEP’s penalty tables (insufficient history) or the penalty would be too low to be a sufficient deterrent
Example: Penalty Calculation using penalty tables & severity factors Violation: Failure of approved recycling center to comply with all approval conditions n Base penalty (N. J. A. C. 7: 26 A-31. (a) = $3, 000 n Severity Factor for violating same rule 24 - 12 months prior: 0. 50 x $3, 000 = $1, 500 n Severity factor for violating different rule 2412 months prior: 0. 25 x $3, 000 = $750 Total civil administrative penalty = $5, 250
DEP’s Recycling Penalty Matrix
Recycling Sweeps Update Atlantic County v. Hudson County n n A Overall compliance rate: 77% Variation in municipal rates: 50 -100% Schools: 79% Hotels/Motels/Casinos 60% – Casinos 92% – Hotels/motels 55% H 78% 58 -90% 74% 88%
Recycling Enforcement Issues Many local recycling ordinances need to be updated to include enforcement provisions and tie into the SWMP n The SWMPs need to be updated to reflect current recycling priorities and enforcement as well n
When will the Wolf be at your Door?
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