New Jersey § 13:1e-116

§ 13:1e-116.

As used in this act: “ Closure ” means all activities associated with the design, purchase, construction or maintenance

of all measures required by the department, pursuant to law, in order to prevent,

minimize or monitor pollution or health hazards resulting from municipal solid waste

landfills subsequent to the termination of operations at any portion thereof, including,

but not necessarily limited to, the placement of final earthen or vegetative cover,

the installation of methane gas vents or monitors and leachate monitoring wells or

collection systems, and long-term operations and maintenance, at the site of any municipal

solid waste landfill that is not listed on the National Priorities List pursuant to

the “Comprehensive Environmental Response, Compensation, and Liability Act of 1980,” 42 U.S.C. s.9605 . “ Closure and remediation costs ” means all reasonable costs associated with the closure and remediation of a municipal

solid waste landfill except that “closure and remediation costs” shall not include

any costs incurred in financing the closure or remediation. “ Commercial solid waste ” means any nonhazardous solid waste derived from wholesale, retail or service establishments,

including stores, markets, theaters, offices, restaurants, warehouses, or from other

non-manufacturing commercial activities. “ Developer ” means any person that enters or proposes to enter into a redevelopment agreement

with the State pursuant to the provisions of section 3 of P.L.1996, c. 124 ( C.13:1E-116.3 ). “ Director ” means the Director of the Division of Taxation in the Department of the Treasury. “ Household solid waste ” means any solid waste derived from households, including but not limited to single

and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters,

campgrounds, picnic grounds and day use recreation areas, except that “household solid

waste” shall not include septic waste as defined in section 3 of P.L.1970, c. 40 ( C.48:13A-3 ). “ Industrial solid waste ” means any solid waste derived from manufacturing, industrial and research and development

processes and operations that is not a hazardous waste as defined in section 1 of

P.L.1976, c. 99 ( C.13:1E-38 ), except that “industrial solid waste” shall not include mining waste, oil waste,

gas waste, or cement kiln dust waste. “ Municipal solid waste landfill ” means a landfill that ceased operations prior to January 1, 1982 and received for

disposal household solid waste and at least one of the following: (1) commercial

solid waste; (2) industrial solid waste; or (3) waste material that was received

for disposal prior to October 21, 1976 and that is included within the definition

of hazardous waste adopted by the federal government pursuant to the “ Resource Conservation and Recovery Act ,” 42 U.S.C. s.6921 et seq. A “municipal solid waste landfill” shall not include any landfill that is approved

for disposal of hazardous waste and regulated pursuant to Subchapter III of the “Resource

Conservation and Recovery Act,” 42 U.S.C. s.6921 et seq. A “municipal solid waste landfill” shall include any “Pinelands municipal landfill”

regardless of the date the landfill ceased operations. “ Pinelands municipal landfill ” means a municipal solid waste landfill that is located in a rural municipality within

a non-growth area in the Pinelands area as defined in section 3 of P.L.1979, c. 111

( C.13:18A-3 ) and the rural Pinelands municipality within which the landfill is located has participated

in the pilot program for rural economic development developed by the Pinelands Commission

pursuant to section 2 of P. L.1997, c. 233 ( C.13:18A-57 ). “ Project ” or “ redevelopment project ” means a specific work or improvement, including lands, buildings, improvements,

real and personal property or any interest therein, including lands under water, riparian

rights, space rights and air rights, acquired, owned, developed or redeveloped, constructed,

reconstructed, rehabilitated or improved, undertaken by a developer within an area

of land whereon a municipal solid waste landfill is or has been located, under a redevelopment

agreement with the State pursuant to section 3 of P.L.1996, c. 124 ( C.13:1E-116.3 ). Any redevelopment project to be undertaken by a developer within an area of land whereon

a Pinelands municipal landfill is or has been located shall be consistent with the

recommendations of the pilot program for rural economic development developed by the

Pinelands Commission pursuant to section 2 of P.L.1997, c. 233 ( C.13:18A-57 ) and the report thereon submitted to the Governor and the Legislature pursuant to

section 3 of P.L.1997, c. 233 ( C.13:18A-58 ). “ Redevelopment agreement ” means an agreement between the State and a developer under which the developer agrees

to perform any work or undertaking necessary for the environmentally sound and proper

closure and remediation of the municipal solid waste landfill located at the site

of the redevelopment project, and for the clearance, development or redevelopment,

construction or rehabilitation of any structure or improvement of commercial, industrial

or public structures or improvements within an area of land whereon a municipal solid

waste landfill is or has been located pursuant to section 3 of P.L.1996, c. 124 ( C.13:1E-116.3 ), and the State agrees that the developer shall be eligible for the reimbursement

of 75% of the costs of closure and remediation of the municipal solid waste landfill

from the fund established pursuant to section 6 of P.L.1996, c. 124 ( C.13:1E-116.6 ) as authorized pursuant to section 4 of P.L.1996, c. 124 ( C.13:1E-116.4 ). “ Remediation ” or “ remediate ” means all necessary actions to investigate and clean up any known, suspected, or

threatened discharge of contaminants, including, as necessary, the preliminary assessment,

site investigation, remedial investigation, and remedial action, as those terms are

defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ).