New Jersey § 13:17-10

§ 13:17-10.

(a) Within 6 months of the effective date of this act the commission shall undertake

and complete a survey of the district to determine the total amount of solid waste

treated and disposed on a daily basis in the district as of the effective date of

this act by persons in this State. (b) The commission is hereby authorized, empowered and directed to guarantee that

solid waste disposal facilities sufficient to treat and dispose of the total amount

of solid waste determined by its survey shall be available or be provided by the commission. (c) In providing the solid waste disposal facilities which it is hereby authorized,

empowered and directed to provide, the commission shall, prior to preparing any plans

or specifications for such facilities, consult with those persons utilizing the district

for the treatment and disposal of solid waste and, pursuant to the provisions of section

78 of this act, 1 contract with such persons or any of such persons, who desire to utilize any solid

waste disposal facilities provided by the commission, and in the provision of such

facilities the commission may: (1) Acquire or construct any such facilities as an improvement, and may recover the

cost of such acquisition or construction in the same manner and pursuant to the same

procedure provided for any other improvement undertaken by the commission pursuant

to this act; (2) Operate and maintain any such facilities and generally fix and collect rates,

fees or other charges for any such facilities in the same manner and pursuant to the

same procedure provided for any other facilities operated and maintained by the commission;

or lease as lessor or lessee any such facilities, or provide by agreement or contract

with any person for the operation of any such facilities; provided, however, that

prior to the acquisition, construction, operation, lease as lessor or lessee, contract

or agreement by the commission for any such solid waste disposal facilities in the

district, the commission shall submit to the Commissioner of the State Department

of Health for approval a plan or plans describing in detail the purpose of such acquisition,

construction, operation, lease as lessor or lessee, contract or agreement. In reviewing the plans submitted in compliance with this section and in determining

conditions under which such plans may be approved the commissioner shall give due

consideration to community development of comprehensive regional solid waste disposal

facilities, in order to be assured insofar as is practicable that all proposed solid

waste disposal facilities shall conform to reasonably contemplated development of

comprehensive community or regional solid waste disposal facilities. No solid waste disposal facility shall be acquired, constructed, operated, leased,

contracted or agreed for in the district without approval of the Commissioner of the

State Department of Health. (3) Join and participate in any agency, instrumentality or authority created by the

State, or by any political subdivision or subdivisions thereof, for the purpose of

treating or disposing of solid waste in which it may be authorized by law to join

and participate, under any terms or conditions, subject to any duties and entitled

to any rights and powers provided by such law. (4) Permit, by contract or agreement, any agency, instrumentality or authority created

by the State, or by any political subdivision or subdivisions thereof, for the purpose

of treating or disposing of solid waste to acquire, construct, or operate and maintain

any solid waste disposal facilities which such agency, instrumentality or authority

is authorized by law to acquire, construct, or operate and maintain. Any such facilities acquired, constructed, or operated and maintained by any such

agency, instrumentality or authority may be located either within the district or

without the district but within the jurisdiction of such agency, instrumentality or

authority; provided, however, that if any such facility is located within the district

it shall be subject to the same procedure for approval by the Commissioner of the

State Department of Health as any other such facility in the district. (d) Nothing herein contained shall be interpreted as requiring any person to utilize

any solid waste disposal facility provided by the commission; provided, however,

that upon the completion of the survey undertaken by the commission pursuant to this

section no solid waste may be treated or disposed in the district by any person without

the express written consent of the commission. (e) The commission, in its discretion, may provide solid waste disposal facilities

sufficient to treat and dispose of more than the total amount of solid waste determined

by its survey, and may make such facilities available to persons other than those

treating and disposing of solid waste in the district as of the effective date of

this act. (f) In order to acquire or construct any solid waste disposal facility the commission

is authorized to issue bonds and notes and to pay or redeem said bonds and notes from

revenue derived from the fees and other charges collected for such facilities. Any cost incurred by the commission in providing any solid waste disposal facilities

shall be charged by the commission to the persons utilizing such facilities, and nothing

herein contained shall be interpreted as requiring the commission to bear the cost

of any solid waste disposal facility provided by the commission pursuant to this act. 1

N.J.S.A. § 13:17-80.