A3759

An Act concerning organic waste recycling and amending P.L.2020, c.24.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2020, c.24 (C.13:1E-99.122) is amended to read as follows:

1. As used in P.L.2020, c.24 (C.13:1E-99.122 et al.):

“Alternative authorized [food] organic waste recycling method” means: (1) recycling [food] organic waste at the site at which it is generated as authorized by the Department of Environmental Protection; (2) treating [food] organic waste at the site at which it is generated pursuant to a permit issued by the department; (3) sending [food] organic waste for offsite use for agricultural purposes, including as animal feed; (4) sending [food] organic 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] organic waste, as authorized by the department.

“Authorized [food] organic waste recycling facility” means a Class C recycling center within the State authorized to accept, store, process, or transfer [food] organic 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] organic 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, golf course, farm, landscaping service provider, or casino that produces at least 52 tons per year of [food] organic waste; provided that “large [food] organic waste generator” shall not include any interstate carrier conducting interstate transportation operations in the post-security area of an international airport.

“Organic waste” means any material that derives from a plant or animal and is biodegradable, including, but not limited to, food waste, yard trimmings, branches, leaves, crop residues, and animal manure.

“Source separate” or “source separated” means the process by which [food] organic waste is separated at the point of generation by the generator thereof from other solid waste for the purpose of recycling.

(cf: P.L.2020, c.24, s.1)

2. Section 2 of P.L.2020, c.24 (C. 13:1E-99.123) is amended to read as follows:

2. a. [Beginning 18 months after the effective date of P.L.2020, c.24 (C.13:1E-99.122 et al.), each] Each large [food] organic waste generator, for each individual establishment or location owned or operated by the large [food] organic waste generator that is located within 25 road miles of an authorized [food] organic waste recycling facility and generates an average projected volume of 52 or more tons per year of [food] organic waste within 25 road miles of an authorized [food] organic waste recycling facility, shall:

(1) source separate its [food] organic waste from other solid waste; and

(2) send the source separated [food] organic waste to an authorized [food] organic waste recycling facility that has available capacity and will accept it.

b. Notwithstanding the provisions of subsection a. of this section:

(1) If a large [food] organic waste generator is not located within 25 road miles of an authorized [food] organic waste recycling facility, or the authorized [food] organic waste recycling facility will not accept the generator's [food] organic waste, the large [food] organic waste generator may send the [food] organic waste for final disposal at a solid waste facility as provided in the approved district solid waste management plan for the solid waste management district in which the generator is located;

(2) Any large [food] organic waste generator that is obligated to source separate and recycle its [food] organic waste pursuant to subsection a. of this section shall be deemed to be in compliance with the provisions of this section if the large [food] organic waste generator:

(a) performs enclosed on-site composting, or anaerobic or aerobic digestion of its source separated [food] organic waste in accordance with standards adopted by the department pursuant to subsection d. of this section, or

(b) recycles [food] organic waste using an alternative authorized [food] organic waste recycling method; and

(3) A large [food] organic waste generator may petition the Department of Environmental Protection for a waiver of the requirements in subsection a. of this section if the cost of transporting the [food] organic waste plus the fee charged by an authorized [food] organic waste recycling facility located within 25 road miles of the large [food] organic waste generator is at least 10 percent more than the cost of transporting the [food] organic waste for disposal as solid waste plus the disposal fee charged for solid waste disposal in the State for noncontract commercial waste by a properly licensed transfer station, sanitary landfill facility, incinerator, or resource recovery facility located within 25 road miles of the large [food] organic waste generator provided that any authorized [food] organic waste recycling facility located within 25 road miles of the large [food] organic waste generator seeking the waiver must be given notice of the petition and an opportunity to participate in the proceeding before the department.

c. Any person who violates P.L.2020, c.24 (C.13:1E-99.122 et al.), or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of $250 for the first offense, $500 for the second offense, and $1,000 for the third and each subsequent 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.). If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with this subsection.

d. The Department of Environmental Protection shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), and update as necessary pursuant to the provisions of P.L. c. (C. ) (pending before the Legislature as this bill), rules and regulations necessary to implement this section, including, but not limited to:

(1) record keeping and reporting requirements for large [food] organic waste generators and authorized [food] organic waste recycling facilities, as determined necessary by the department;

(2) guidelines and procedures for businesses to follow to determine whether they are subject to the requirements of this section, including [food] organic waste generation estimates and [food] organic waste audits or assessments;

(3) a list of [food] organic waste products that must be source separated and recycled pursuant to this section;

(4) standards for the enclosed on-site composting, or anaerobic or aerobic digestion of source separated [food] organic waste, including requirements for energy production and other sustainable uses of the byproducts of recycled [food] organic waste;

(5) a list of actions businesses may take to reduce the amount of [food] organic waste they generate to a level below the threshold amount established in subsection a. of this section; and

(6) procedures for a large [food] organic waste generator to follow when petitioning the department for a waiver pursuant to paragraph (3) of subsection b. of this section.

e. The department shall publish on its Internet website the name, location, and contact information for each authorized [food] organic waste recycling facility in the State.

(cf: P.L.2020, c.24, s.2)

3. Section 3 of P.L.2020, c.24 (C.13:1E-99.124) is amended to read as follows:

3. a. Any municipality within which an authorized [food] organic waste recycling facility is located, pursuant to an adopted district solid waste management plan approved after the effective date of P.L.2020, c.24 (C.13:1E-99.122 et al.), shall be entitled to an economic benefit of not less than the equivalent of $0.50 per ton, to be paid and adjusted quarterly, of all [food] organic waste accepted for processing at the authorized [food] organic waste recycling facility during the 2021 calendar year and each year thereafter. The owner or operator of the authorized [food] organic waste recycling facility shall pay quarterly to the municipality the full amount due under this subsection. The municipality is authorized to anticipate this amount for the purposes of preparing its annual budget.

b. For the purposes of calculating the payments, the owner or operator of the authorized [food] organic waste recycling facility may, subject to the prior agreement of the municipality and approval of the Department of Environmental Protection, provide the municipality with any of the following benefits in consideration for the use of land within the municipality's boundaries as the location of the authorized [food] organic waste recycling facility:

(1) quarterly payments of money in lieu of taxes on the land used for the authorized [food] organic waste recycling center or other authorized facility;

(2) exemption from all fees and charges for the acceptance of [food] organic waste for composting, anaerobic or aerobic digestion, or other processing, as approved by the department, of [food] organic waste generated within the municipality's boundaries;

(3) quarterly lump sum cash payments; or

(4) any combination thereof.

(cf: P.L.2020, c.24, s.3)

4. This act shall take effect immediately.

STATEMENT

This bill would amend current law to require large organic waste generators that are located within 25 road miles of an authorized organic waste recycling facility and generate an average projected volume of 52 or more tons per year of organic waste within 25 road miles of an authorized organic waste recycling facility to: (1) source separate its organic waste from other solid waste; and (2) send the source separated organic waste to an authorized organic waste recycling facility that has available capacity and will accept it. This bill would amend current law that establishes requirements for certain large food waste generators to source separate its food waste and deliver the source separated food waste to an authorized food waste recycling facility and, instead, provide that the requirements would apply to certain large organic waste generators. As defined in the bill, “organic waste” means any material that derives from a plant or animal and is biodegradable, including, but not limited to, food waste, yard trimmings, branches, leaves, crop residues, and animal manure.

The bill would update all references under the current law to “large food waste generator,” “food waste,” and “authorized food waste recycling facility” and replaces those terms with “large organic waste generator,” “organic waste,” and “authorized organic waste recycling facility,” respectively, to extend the requirements under current law for large food waste generators to large organic waste generators. The bill would also add golf courses, farms, and landscaping service providers to the list of entities defined as “large organic waste generators.”

Specifically, the bill would amend current law to provide that if a large organic waste generator is not located within 25 road miles of an authorized organic waste recycling facility, or the facility will not accept the generator’s organic waste, the generator may send the organic waste for final disposal at a solid waste facility as provided in the approved district solid waste management plan for the solid waste management district in which the generator is located. In addition, a large organic waste generator would be deemed in compliance with the bill if the generator: (1) performs enclosed on-site composting, or anaerobic or aerobic digestion of its source separated organic waste in accordance with standards adopted by the Department of Environmental Protection (DEP); or (2) recycles organic waste using an alternative authorized organic waste recycling method.

In addition, the bill would amend current law to authorize a large organic waste generator to petition the DEP for a waiver of the recycling requirement if the cost of transporting the organic waste plus the fee charged by an authorized organic waste recycling facility located within 25 road miles of the large organic waste generator is at least 10 percent more than the cost of transporting the organic waste for disposal as solid waste plus the disposal fee charged for solid waste disposal in the State for noncontract commercial waste by a properly licensed transfer station, sanitary landfill facility, incinerator, or resource recovery facility located within 25 road miles of the large organic waste generator.

Finally, the bill would require the DEP to update the rules and regulations adopted under the current law as necessary to implement the provisions of this bill.