New Jersey § 13:1e-127

§ 13:1e-127.

As used in the provisions of P.L.1983, c. 392 ( C.13:1E-126 et seq. ) and P.L.1991, c. 269 ( C.13:1E-128.1 et al.): a. “ Applicant ” means any business concern that (1) has filed a disclosure statement with the Attorney General and is seeking a license, provided that the business concern has furnished the department and the

Attorney General with any information required pursuant to P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or (2) has been issued a soil and fill recycling registration pursuant to section

1 of P.L.2019, c. 397 ( C.13:1E-127.1 ), has filed a disclosure statement with the Attorney General, and is seeking a soil

and fill recycling license . b. “ Application ” means the forms and accompanying documents filed in connection with an applicant's

or permittee's request for a license or a soil and fill recycling license . c. “ Business concern ” means any corporation, association, firm, partnership, sole proprietorship, trust , limited liability company, or other form of commercial organization. d. “ Department ” means the Department of Environmental Protection. e. “ Disclosure statement ” means a statement submitted to the Attorney General by an applicant or a permittee, which statement shall include: (1) The full name, business address , telephone number, email address, and social security number of the applicant or the permittee, as the case may be,

and of any officers, directors, partners, or key employees thereof and all persons

holding any equity in or debt liability of the applicant or permittee, or, if the

applicant or permittee is a publicly traded corporation, all persons holding more

than five percent of the equity in or the debt liability of the applicant or permittee, except that

(a) where the equity in or debt liability of the applicant or permittee is held by

an institutional investor, the applicant or permittee need only supply the name, business

address and the basis upon which the institutional investor qualifies as an institutional

investor, and (b) where the debt liability is held by a chartered lending institution,

the applicant or permittee need only supply the name and business address of the lending

institution; (2) The full name, business address , telephone number, email address, and social security number of all officers, directors, or partners of any business

concern disclosed in the disclosure statement and the names and addresses of all persons

holding any equity in or the debt liability of any business concern so disclosed,

except that (a) where the business concern is a publicly traded corporation, the applicant

or permittee need only supply the name and business address of the publicly traded

corporation and copies of its annual filings with the Securities and Exchange Commission,

or its foreign equivalent, (b) where the equity in or debt liability of that business

concern is held by an institutional investor, the applicant or permittee need only

supply the name, business address and the basis upon which the institutional investor

qualifies as an institutional investor, and (c) where the debt liability is held by

a chartered lending institution, the applicant or permittee need only supply the name

and business address of the lending institution; (3) The full name and business address of any business concern which collects, transports,

treats, stores, brokers, transfers or disposes of solid waste or hazardous waste , or that engages in soil and fill recycling services, in which the applicant or the permittee holds an equity interest; (4) A description of the experience and credentials in, including any past or present

licenses for, the collection, transportation, treatment, storage, brokering, transfer or disposal of solid waste or hazardous waste , or the provision of soil and fill recycling services, possessed by the applicant or the permittee, as the case may be, and by the key employees,

officers, directors, or partners thereof; (5) A listing and explanation of any notices of violation or prosecution, administrative

orders or license revocations issued by this State or any other state or federal authority,

in the 10 years immediately preceding the filing of the application or disclosure

statement, whichever is later, which are pending or have resulted in a finding or

a settlement of a violation of any law or rule and regulation relating to the collection,

transportation, treatment, storage, brokering, transfer or disposal of solid waste or hazardous waste , or the provision of soil and fill recycling services, by the applicant or the permittee, as the case may be, or by any key employee, officer,

director, or partner thereof; (6) A listing and explanation of any judgment of liability or conviction which was

rendered, pursuant to the laws of this State, or any other state or federal statute

or local ordinance, against the applicant or the permittee, as the case may be, or

against any key employee, officer, director, or partner thereof, except for any violation

of Title 39 of the Revised Statutes other than a violation of the provisions of P.L.1983,

c. 102 ( C.39:5B-18 et seq. ), P.L.1983, c. 401 ( C.39:5B-25 et seq. ) or P.L.1985, c. 415 ( C.39:5B-30 et seq. ); (7) A listing of all labor unions and trade and business associations in which the

applicant or the permittee was a member or with which the applicant or the permittee

had a collective bargaining agreement during the 10 years preceding the date of the

filing of the application or disclosure statement, whichever is later; (8) A listing of any agencies outside of New Jersey which had regulatory responsibility

over the applicant or the permittee, as the case may be, in connection with the collection,

transportation, treatment, storage, brokering, transfer or disposal of solid waste or hazardous waste or in connection with the provision of soil and fill recycling services ; (9) The full name and business address of any individual or business concern that leases

real property or equipment used for the collection, transportation, treatment, processing,

storage, brokering, transfer, or disposal of solid waste or hazardous waste, or the

provision of soil and fill recycling services, to the applicant, permittee, or licensee; (10) A listing and explanation of any civil litigation pending between the applicant,

permittee, licensee, key employee, officer, director, or partner thereof and any other

person engaged in the collection, transportation, treatment, processing, storage,

brokering, transfer, or disposal of solid waste or hazardous waste or in the provision

of soil and fill recycling services, related to the provision of solid waste, hazardous

waste or soil and fill recycling services; and (11) Any other information the Attorney General may require that relates to the competency, reliability or integrity of the applicant

or the permittee. The provisions of paragraphs (1) through (11) of this subsection to the contrary notwithstanding, if an applicant or a permittee

is a secondary business activity corporation, “ disclosure statement ” means a statement submitted to the Attorney General by an applicant or a permittee, which statement shall include: (a) The full name, primary business activity, office or position held, business address,

home address, telephone number, email address, date of birth and federal employer identification number of the applicant or the

permittee, as the case may be, and of all officers, directors, partners, or key employees

of the business concern; and of all persons holding more than five percent of the equity in or debt liability of that business concern, except that where the

debt liability is held by a chartered lending institution, the applicant or permittee

need only supply the name and business address of the lending institution. The Attorney General or the department may request the social security number of

any individual identified pursuant to this paragraph; (b) The full name, business address and federal employer identification number of

any business concern in any state, territory or district of the United States, which (i) engages in soil and fill recycling services, or (ii) collects, transports, treats, stores, processes, recycles, brokers, transfers or disposes of solid waste or hazardous waste on a commercial

basis, in which the applicant or the permittee holds an equity interest , and the type, amount and dates of the equity held in such business concern; (c) A listing of every license, registration, permit, certificate of public convenience

and necessity, uniform tariff approval or equivalent operating authorization held

by the applicant or permittee within the last five years under any name for the collection,

transportation, treatment, storage, brokering, recycling, processing, transfer or disposal of solid waste or hazardous waste , or the provision of soil and fill recycling services, on a commercial basis in any state, territory or district of the United States, and

the name of every agency issuing such operating authorization; (d) If the applicant or the permittee is a subsidiary of a parent corporation, or

is the parent corporation of one or more subsidiaries, or is part of a group of companies

in common ownership, as the case may be, a chart, or, if impractical or burdensome,

a list showing the names, federal employer identification numbers and relationships

of all parent, sister, subsidiary and affiliate corporations, or members of the group , and the equity interest by percentage for each subsidiary company ; (e) A listing and explanation of any notices of violation or prosecution, administrative

orders or license revocations issued by this State or any other state or federal authority

to the applicant or permittee in the 10 years immediately preceding the filing of

the application or disclosure statement, whichever is later, which are pending or

have resulted in a finding or a settlement of a violation of any law or rule or regulation

relating to the collection, transportation, treatment, storage, brokering, recycling, processing, transfer or disposal of solid waste or hazardous waste , or the provision of soil and fill recycling services, by the applicant or permittee; (f) A listing and explanation of any judgment, decree or order, whether by consent

or not, issued against the applicant or permittee in the 10 years immediately preceding

the filing of the application, and of any pending civil complaints against the applicant

or permittee pertaining to a violation or alleged violation of federal or state antitrust

laws, trade regulations or securities regulations; (g) A listing and explanation of any conviction issued against the applicant or permittee

for a felony resulting in a plea of nolo contendere, or any conviction in the 10 years

immediately preceding the filing of the application, and of any pending indictment,

accusation, complaint or information for any felony issued to the applicant or the

permittee pursuant to any state or federal statute; and (h) A completed personal history disclosure form shall be submitted to the Attorney General by every person required to be listed in this disclosure statement,

except for those individuals who are exempt from the personal history disclosure requirements

pursuant to paragraph (5) of subsection a. of section 3 of P.L.1983, c. 392 ( C.13:1E-128 ). f. “ Key employee ” means any individual employed or otherwise engaged by the applicant, the permittee or the licensee in a supervisory capacity or empowered

to make discretionary decisions with respect to the solid waste , hazardous waste , or soil and fill recycling operations of the business concern ; any family member of an officer, director, partner, or key employee, employed or

otherwise engaged by the applicant or permittee; or any broker, consultant or sales

person employed or otherwise engaged by, or who do business with, the applicant, permittee,

or licensee, with respect to the solid waste, hazardous waste, or soil and fill recycling

operations of the business concern; but shall not include (1) employees , who are not family members, exclusively engaged in the physical or mechanical collection, transportation, treatment,

storage, transfer or disposal of solid waste or hazardous waste , or the provision of soil and fill recycling services; or (2) a sales person employed

by a publicly traded corporation or a direct or indirect subsidiary of a publicly

traded corporation . g. “ License ” means the approval of any registration statement or engineering design pursuant to P.L.1970, c. 39 ( C.13:1E-1 et seq. ) or P.L.1981, c. 279 ( C.13:1E-49 et seq. ), for the collection, transportation, treatment, storage, processing, brokering, transfer or disposal of solid waste or hazardous waste in this State. A “ license ” shall not include any registration statement or engineering design approved for: (1) Any State department, division, agency, commission or authority, or county, municipality

or agency thereof; (2) Any person solely for the collection, transportation, treatment, storage , processing, brokering, transfer, or disposal of solid waste or hazardous waste generated by that person , provided that the department may adopt regulations to limit the scope of this exemption

based on volume or other standards ; (3) Any person for the operation of a hazardous waste facility, if at least 75 percent of the total design capacity of that facility is utilized to treat, store or dispose

of hazardous waste generated by that person; (4) Any person for the operation of a hazardous waste facility which is considered

as such solely as the result of the reclamation, recycling or refining of hazardous

wastes which are or contain any of the following precious metals: gold, silver, osmium,

platinum, palladium, iridium, rhodium, ruthenium, or copper; (5) Any person solely for the transportation of hazardous wastes which are or contain

precious metals to a hazardous waste facility described in paragraph (4) of this subsection

for the purposes of reclamation. A “ license ” shall include any registration statement approved for any person who transports

any other hazardous waste in addition to hazardous wastes which are or contain precious

metals; (6) Any person solely for the collection, transportation, treatment, storage or disposal

of granular activated carbon used in the adsorption of hazardous waste; or (7) Any regulated medical waste generator for the treatment or disposal of regulated

medical waste at any noncommercial incinerator or noncommercial facility in this State

that accepts regulated medical waste for disposal. h. “ Licensee ” means any business concern which has completed the requirements of section 3 of

P.L.1983, c. 392 ( C.13:1E-128 ) and whose application for the issuance or renewal of a license has been approved

by the department pursuant to section 8 of P.L.1983, c. 392 ( C.13:1E-133 ). i. “ Permittee ” means and shall include: (1) Any business concern which has filed a disclosure statement with the department

and the Attorney General and to which a valid registration statement or engineering

design approval for the collection, transportation, treatment, storage, transfer or

disposal of solid waste or hazardous waste pursuant to P.L.1970, c. 39 ( C.13:1E-1 et seq. ) or P.L.1981, c. 279 ( C.13:1E-49 et seq. ) has been given by the department prior to June 14, 1984; (2) Any business concern which has filed a disclosure statement with the department

and the Attorney General and to which a temporary license has been approved, issued

or renewed by the department pursuant to section 10 of P.L.1983, c. 392 ( C.13:1E-135 ), but which has not otherwise completed the requirements of section 3 of P.L.1983,

c. 392 ( C.13:1E-128 ) and whose application for a license has not been approved by the department pursuant

to section 8 of P.L.1983, c. 392 ( C.13:1E-133 ), provided that the temporary license remains valid, and provided further that the

business concern has furnished the department and the Attorney General with any information

required pursuant to P.L.1991, c. 269 ( C.13:1E-128.1 et al.); (3) Any business concern which has filed a disclosure statement with the department

and the Attorney General and to which a valid registration statement or engineering

design approval for the collection, transportation, treatment, storage, transfer or

disposal of solid waste or hazardous waste pursuant to P.L.1970, c. 39 ( C.13:1E-1 et seq. ) or P.L.1981, c. 279 ( C.13:1E-49 et seq. ) has been given by the department between February 20, 1985 and January 23, 1986,

inclusive, provided that the registration statement or engineering design approval

remains valid, and provided further that the business concern has furnished the department

and the Attorney General with any information required pursuant to P.L.1991, c. 269 ( C.13:1E-128.1 et al.); or (4) Any business concern to which a temporary approval of registration has been given

by the department at any time after January 23, 1986 pursuant to statute or rule and

regulation, provided that such temporary approval of registration, statute, or rule

and regulation remains valid, and provided further that the business concern has furnished

the department and the Attorney General with any information required pursuant to P.L.1991, c. 269 ( C.13:1E-128.1 et al.) and filed a disclosure statement with the department and the Attorney General. j. “ Person ” means any individual or business concern. k. “ Secondary business activity corporation ” means any business concern which has derived less than five percent of its annual gross revenues in each of the three years immediately preceding the

one in which the application for a license or a soil and fill recycling license is being made from the collection, transportation, treatment, storage, processing, brokering, transfer or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, whether directly or through other business concerns partially or wholly owned or

controlled by the applicant or the permittee, as the case may be, and which (1) has

one or more classes of security registered pursuant to section 12 of the “Securities

Exchange Act of 1934,” as amended ( 15 U.S.C. s.78l ), or (2) is an issuer subject to subsection (d) of section 15 of the “Securities

Exchange Act of 1934,” as amended ( 15 U.S.C. s.78o ). l . “ Institutional investor ” means a retirement fund administered by a public agency for the exclusive benefit

of federal, state, or local public employees; government or government-owned entity;

investment company registered under the “Investment Company Act of 1940” ( 15 U.S.C. s.80a-1 et seq. ); collective investment trust organized by banks under Part Nine of the Rules of

the Comptroller of the Currency; closed end investment trust; chartered or licensed

life insurance company or property and casualty insurance company; banking or other

chartered or licensed lending institution; partnerships, funds or trusts managed

by or directed in conjunction with an investment adviser registered under the “Investment

Advisers Act of 1940” ( 15 U.S.C. s.80b-1 et seq. ) or an institutional investment manager required to make filings under subsection

(f) of section 13 of the “Securities Exchange Act of 1934,” as amended ( 15 U.S.C. s.78m ); institutional buyer, as defined pursuant to section 2 of the “Uniform Securities

Law (1997),” P.L.1967, c. 93 ( C.49:3-49 ); small business investment company licensed by the United States Small Business

Administration under subsection (c) of section 301 of the “Small Business Investment

Act of 1958,” as amended ( 15 U.S.C. s.681 ); private equity or venture capital entity having or managing aggregate capital

commitments in excess of $25,000,000; and other persons as the Attorney General may determine for reasons consistent with the policies of P.L.1983, c. 392 ( C.13:1E-126 et seq. ). m. “ Publicly traded corporation ” means a corporation or other legal entity, except a natural person, which: (1) has one or more classes of security registered pursuant to section 12 of the “Securities

Exchange Act of 1934,” as amended ( 15 U.S.C. s.78l ); (2) is an issuer subject to subsection (d) of section 15 of the “Securities Exchange

Act of 1934,” as amended ( 15 U.S.C. s.78o ); or (3) has one or more classes of securities traded in an open market in any foreign

jurisdiction, provided that the Attorney General determines that the foreign exchange provides openness, integrity and oversight in

its operations sufficient to meet the intent of P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or that the securities traded on the foreign exchange are regulated pursuant to

a statute of a foreign jurisdiction that is substantially similar, both in form and

effect, to section 12 or subsection (d) of section 15 of the “Securities Exchange

Act of 1934,” as amended. n. “ Broker ” means a person who for direct or indirect compensation arranges agreements between

a business concern and its customers for the collection, transportation, treatment,

storage, processing, transfer or disposal of solid waste or hazardous waste, or the

provision of soil and fill recycling services. o . “ Consultant ” means a person who performs functions for a business concern engaged in the collection,

transportation, treatment, storage, processing, brokering, transfer or disposal of

solid waste or hazardous waste, or the provision of soil and fill recycling services,

provided that “consultant” shall not include a person who performs functions for a

business concern and holds a professional license from the State in order to perform

those functions. p. “ Family member ” means spouse, domestic partner, partner in a civil union, child, parent, sibling,

aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law,

mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister,

half brother, or half sister, whether the individual is related by blood, marriage,

or adoption. q. “ Soil and fill recyclable materials ” means non-putrescible aggregate substitute, including, but not limited to, broken

or crushed brick, block, concrete, or other similar manufactured materials; soil

or soil that may contain aggregate substitute or other debris or material, generated

from land clearing, excavation, demolition, or redevelopment activities that would

otherwise be managed as solid waste, and that may be returned to the economic mainstream

in the form of raw materials for further processing or for use as fill material. “Soil and fill recyclable materials” shall not include: (1) Class A recyclable

material, as defined by regulation adopted pursuant to section 4 of P.L.1989, c. 268 ( C.13:1E-99.43 ); (2) Class B recyclable material, as defined by regulation adopted pursuant to

section 4 of P.L.1989, c. 268 ( C.13:1E-99.43 ), that is shipped to a Class B recycling center approved by the department for receipt,

storage, processing, or transfer in accordance with subsection b. of section 41 of

P.L.1987, c. 102 ( C.13:1E-99.34 ); (3) beneficial use material for which the generator has obtained prior approval

from the department to transport to an approved and designated destination pursuant

to regulations adopted pursuant to subsection a. of section 6 of P.L.1970, c. 39 ( C.13:1E-6 ); and (4) virgin quarry products including, but not limited to, rock, stone, gravel,

sand, clay and other mined products. r. “ Sales person ” means a person or persons that makes or arranges for sales for a business concern,

for the collection, transportation, treatment, storage, processing, transfer or disposal

of solid waste or hazardous waste or the provision of soil and fill recycling services. s. “ Soil and fill recycling license ” means an approval to operate a business concern engaged in soil and fill recycling

services issued pursuant to section 8 of P.L.1983, c. 392 ( C.13:1E-133 ). t. “ Soil and fill recycling services ” means the services provided by persons engaging in the business of the collection,

transportation, processing, brokering, storage, purchase, sale or disposition, or

any combination thereof, of soil and fill recyclable materials. “Soil and fill recycling services” shall not include the operation of a solar electric

power generation facility at a properly closed sanitary landfill where soil and fill

materials have been previously deposited for permanent disposal.