New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A5535 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 5535 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED APRIL 10, 2025
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3	3	ASSEMBLY, No. 5535
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5	5	STATE OF NEW JERSEY
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7	7	221st LEGISLATURE
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11	11	INTRODUCED APRIL 10, 2025
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15	15	Sponsored by: Assemblyman WILLIAM F. MOEN, JR. District 5 (Camden and Gloucester) SYNOPSIS Requires certain facilities that store or process automotive shredder residue to obtain DEP permit; defines "hazardous waste" to include automotive shredder residue. CURRENT VERSION OF TEXT As introduced.
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19	19	Sponsored by:
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21	21	Assemblyman WILLIAM F. MOEN, JR.
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23	23	District 5 (Camden and Gloucester)
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33	33	SYNOPSIS
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35	35	Requires certain facilities that store or process automotive shredder residue to obtain DEP permit; defines "hazardous waste" to include automotive shredder residue.
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39	39	CURRENT VERSION OF TEXT
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41	41	As introduced.
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45	45	An Act concerning the storage and processing of automotive shredder residue and amending and supplementing 1970, c.39. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. (New section) a. An owner or operator of a scrap processing facility shall not store or process automotive shredder residue without obtaining a permit from the department pursuant to the provisions of this section. b. The department shall establish a permitting program to establish appropriate limits on the volume, height, and length of time automotive shredder residue may be stored at a facility, taking into consideration the hazardous and flammable nature of automotive shredder residue, as well as prohibitions on the storage of automotive shredder residue in close proximity to residential structures and critical infrastructure. c. Each scrap processing facility that stores automotive shredder residue shall conform to the limits and prohibitions established by the department pursuant a permit issued pursuant to this section. 2. Section 3 of P.L.1970, c.39 (C.13:1E-3) is amended to read as follows: 3. As used in the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.): "Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for source separated recyclable materials or source separated food waste collected by livestock producers approved by the State Department of Agriculture to collect, prepare and feed such wastes to livestock on their own farms. "Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination. "Disposal" means the storage, treatment, utilization, processing, resource recovery of, or the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water, so that the solid or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. "Solid waste management" includes all activities related to the collection or disposal of solid waste by any person engaging in any such process. "Automotive shredder residue" means the nonrecyclable residue that is generated as a direct result of processing automobiles, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling. "Council" means the Advisory Council on Solid Waste Management. "Department" means the Department of Environmental Protection. "Commissioner" means the Commissioner of the Department of Environmental Protection. "Hazardous waste" means any waste or combination of wastes which poses a present or potential threat to human health, living organisms, or the environment including, but not limited to, waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive or flammable, and any waste so designated by the United States Environmental Protection Agency. "Hazardous waste" shall include automotive shredder residue. "Hazardous waste" shall not include radioactive waste. "Solid waste facilities" means and includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner. "Public authority" means a municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); a county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.); a pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.); or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law. "Hackensack Meadowlands District" means the area within the jurisdiction of the New Jersey Meadowlands Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.). "Hackensack Commission" means the New Jersey Meadowlands Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.). "Public sewage treatment plant" means any structure or structures required to be approved by the department pursuant to P.L.1977, c.224 (C.58:12A-1 et seq.) or P.L.1977, c.74 (C.58:10A-1 et seq.), by means of which domestic wastes are subjected to any artificial process in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State, before the discharge of the plant effluent into any of the waters of this State; this definition includes plants for the treatment of industrial wastes, as well as a combination of domestic and industrial wastes. "Resource recovery" means the collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse; or the incineration of solid waste for energy production and the recovery of metals and other materials for reuse. "Resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility. "Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste. "Scrap processing facility" means the same as the term is defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12). "Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a registered solid waste haulage vehicle, including a rail car, for transportation to an offsite sanitary landfill facility, resource recovery facility, or designated out-of-State disposal site for disposal. (cf: P.L.2003, c.231, s.1) 3. The Department of Environmental Protection shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). adopt rules and regulations as necessary to implement this act. 4. This act shall take effect one year after the date of enactment, except that the Department of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act. STATEMENT This bill would prohibit the owner or operator of a scrap processing facility from storing or processing automotive shredder residue without first obtaining a permit from the Department of Environmental Protection. The bill would require the department to establish a permitting program to establish appropriate limits, on the volume, height, and length of time automotive shredder residue may be stored at a facility, taking into consideration the hazardous and flammable nature of automotive shredder residue, as well as prohibitions on the storage of automotive shredder residue in close proximity to residential structures and critical infrastructure. The bill would require each scrap processing facility that stores automotive shredder residue to conform to the limits and prohibitions established by the department pursuant to a permit issued under the bill. The bill would also amend the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) to define "hazardous waste" and would include automotive shredder residue in the definition. The bill would also define "automotive shredder residue" (ASR) as the nonrecyclable residue that is generated as a direct result of processing automobiles, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling. In including ASR in the definition of hazardous waste, the bill would make persons who transport, store, or process ASR subject to the same rules and regulations that apply to persons who transport, store, or process other hazardous wastes under the "Solid Waste Management Act." The bill would take effect one year after enactment.
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47	47	An Act concerning the storage and processing of automotive shredder residue and amending and supplementing 1970, c.39.
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51	51	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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55	55	1. (New section) a. An owner or operator of a scrap processing facility shall not store or process automotive shredder residue without obtaining a permit from the department pursuant to the provisions of this section.
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57	57	b. The department shall establish a permitting program to establish appropriate limits on the volume, height, and length of time automotive shredder residue may be stored at a facility, taking into consideration the hazardous and flammable nature of automotive shredder residue, as well as prohibitions on the storage of automotive shredder residue in close proximity to residential structures and critical infrastructure.
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59	59	c. Each scrap processing facility that stores automotive shredder residue shall conform to the limits and prohibitions established by the department pursuant a permit issued pursuant to this section.
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63	63	2. Section 3 of P.L.1970, c.39 (C.13:1E-3) is amended to read as follows:
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65	65	3. As used in the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.):
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67	67	"Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for source separated recyclable materials or source separated food waste collected by livestock producers approved by the State Department of Agriculture to collect, prepare and feed such wastes to livestock on their own farms.
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69	69	"Solid waste collection" means the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.
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71	71	"Disposal" means the storage, treatment, utilization, processing, resource recovery of, or the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water, so that the solid or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
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73	73	"Solid waste management" includes all activities related to the collection or disposal of solid waste by any person engaging in any such process.
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75	75	"Automotive shredder residue" means the nonrecyclable residue that is generated as a direct result of processing automobiles, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling.
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77	77	"Council" means the Advisory Council on Solid Waste Management.
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79	79	"Department" means the Department of Environmental Protection.
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81	81	"Commissioner" means the Commissioner of the Department of Environmental Protection.
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83	83	"Hazardous waste" means any waste or combination of wastes which poses a present or potential threat to human health, living organisms, or the environment including, but not limited to, waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive or flammable, and any waste so designated by the United States Environmental Protection Agency. "Hazardous waste" shall include automotive shredder residue. "Hazardous waste" shall not include radioactive waste.
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85	85	"Solid waste facilities" means and includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
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87	87	"Public authority" means a municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); a county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.); a pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.); or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law.
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89	89	"Hackensack Meadowlands District" means the area within the jurisdiction of the New Jersey Meadowlands Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.).
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91	91	"Hackensack Commission" means the New Jersey Meadowlands Commission created pursuant to the provisions of the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.).
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93	93	"Public sewage treatment plant" means any structure or structures required to be approved by the department pursuant to P.L.1977, c.224 (C.58:12A-1 et seq.) or P.L.1977, c.74 (C.58:10A-1 et seq.), by means of which domestic wastes are subjected to any artificial process in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State, before the discharge of the plant effluent into any of the waters of this State; this definition includes plants for the treatment of industrial wastes, as well as a combination of domestic and industrial wastes.
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95	95	"Resource recovery" means the collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse; or the incineration of solid waste for energy production and the recovery of metals and other materials for reuse.
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97	97	"Resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility.
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99	99	"Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste.
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101	101	"Scrap processing facility" means the same as the term is defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12).
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103	103	"Transfer station" means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a registered solid waste haulage vehicle, including a rail car, for transportation to an offsite sanitary landfill facility, resource recovery facility, or designated out-of-State disposal site for disposal.
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109	109	3. The Department of Environmental Protection shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). adopt rules and regulations as necessary to implement this act.
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113	113	4. This act shall take effect one year after the date of enactment, except that the Department of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
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119	119	STATEMENT
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123	123	This bill would prohibit the owner or operator of a scrap processing facility from storing or processing automotive shredder residue without first obtaining a permit from the Department of Environmental Protection. The bill would require the department to establish a permitting program to establish appropriate limits, on the volume, height, and length of time automotive shredder residue may be stored at a facility, taking into consideration the hazardous and flammable nature of automotive shredder residue, as well as prohibitions on the storage of automotive shredder residue in close proximity to residential structures and critical infrastructure. The bill would require each scrap processing facility that stores automotive shredder residue to conform to the limits and prohibitions established by the department pursuant to a permit issued under the bill. The bill would also amend the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) to define "hazardous waste" and would include automotive shredder residue in the definition. The bill would also define "automotive shredder residue" (ASR) as the nonrecyclable residue that is generated as a direct result of processing automobiles, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling. In including ASR in the definition of hazardous waste, the bill would make persons who transport, store, or process ASR subject to the same rules and regulations that apply to persons who transport, store, or process other hazardous wastes under the "Solid Waste Management Act." The bill would take effect one year after enactment.