New Jersey § 13:1e-23

§ 13:1e-23.

a. Pursuant to the procedures herein contained, the respective boards of chosen freeholders,

in the case of counties, and the Hackensack Commission, in the case of the Hackensack

Meadowlands District, shall have the power, after consultation with the relevant advisory

solid waste council, to adopt a solid waste management plan for the relevant solid

waste management district; provided, however, that if in any solid waste management

district the procedures contained in this section are not commenced within 361 days

after the effective date of this amendatory and supplementary act, unless the commissioner

shall have extended the time for the development and formulation of a solid waste

management plan pursuant to section 11 of this amendatory and supplementary act, 1 and unless a certification of failure shall have been received by the commissioner

pursuant to 12 b.(3) of this amendatory and supplementary act, 2 the department shall have the power to develop, formulate and, pursuant to the procedures

herein contained, adopt and promulgate a solid waste management plan for any such

solid waste management district. b. Upon the development and formulation of a solid waste management plan, and after

consultation with the relevant advisory solid waste council, the relevant board of

chosen freeholders, in the case of counties, or the Hackensack Commission, in the

case of the Hackensack Meadowlands District, shall prepare a map showing the boundaries

of the solid waste management district and the location of all existing and proposed

solid waste facilities. In the event such solid waste management plan proposes to locate solid waste facilities

in another solid waste management district, a map of such other district, showing

the location of the proposed facilities, shall be prepared. Said map shall be appended to a copy of the district's solid waste management plan,

to which shall also be appended a copy of the report accompanying said plan. Said map, plan and report shall be sent by mail to the mayor of each municipality

within the county, in the case of counties, and in the case of the Hackensack Meadowlands

District, said map, plan and report shall be maintained at the main office of the

Hackensack Commission. c. The board of chosen freeholders, or the Hackensack Commission, as the case may

be, shall thereupon cause a hearing to be held at an appointed time and place for

the purpose of hearing persons interested in, or who would be affected by, the adoption

of the solid waste management plan for the relevant solid waste management district,

and who are in favor of or are opposed to such adoption. d. A notice of such hearing shall be given setting forth the purpose thereof and stating

that a map, plan and report have been prepared and can be inspected at the offices

of every municipality within the county, or at the main office of the Hackensack Commission,

as the case may be. A copy of such notice shall be published in a newspaper of general circulation in

the solid waste management district once each week for two consecutive weeks, and

the last publication shall be not less than 10 days prior to the date set for the

hearing. A copy of the notice shall be mailed at least 10 days prior to the date set for

the hearing to the last owner, if any, of each parcel of property within or without

the district on which it is proposed to locate any solid waste facilities pursuant

to the district's solid waste management plan. Such mailing shall be according to the assessment records of the municipality where

such parcel is located and shall be sent to the last known postal address of such

owners. A notice shall also be sent to any and all persons at his, or their, last known

address, if any, whose names are noted on said assessment records as claimants of

an interest in any such parcel. The assessor of such municipality shall make a notation upon the said records when

requested so to do by any person claiming to have an interest in any parcel of property

in such municipality. Failure to mail any such notice shall not invalidate the adoption of any solid waste

management plan. e. At the hearing, which may be adjourned from time to time, the board of chosen freeholders,

or the Hackensack Commission, as the case may be, shall hear all persons interested

in the solid waste management plan and shall consider any, and all, written objections

that may be filed and any evidence which may be introduced in support of the objections,

or any opposition to the adoption of the solid waste management plan for the solid

waste management district. After the hearing the board of chosen freeholders, or the Hackensack Commission,

as the case may be, shall, by resolution, adopt or reject, in whole or in part, the

solid waste management plan for the solid waste management district. The adoption of all or a part of a solid waste management plan, if supported by

substantial evidence, shall be binding and conclusive upon all persons affected by

the adoption. If all or any part of the solid waste management plan is adopted, the board of chosen

freeholders, or the Hackensack Commission, as the case may be, within 10 days after

such adoption, shall cause to be served a copy of the resolution of adoption upon

each person who filed a written objection at or prior to the hearing; provided, the

address of the objector was stated in, or upon, the written objection. Such service may be made (1) by delivering a copy of the resolution personally to

the objector, (2) by mailing such copy addressed to the objector according to his

said stated address, or (3) leaving such copy at said stated address for the objector

with a person of suitable age and discretion. f. Any person who shall have filed such a written objection with the board of chosen

freeholders, or the Hackensack Commission, as the case may be, may have the adoption

of a solid waste management plan reviewed by the Superior Court of New Jersey by procedure

in lieu of prerogative writs. An action for such review shall be commenced within 30 days after the adoption by

the board of chosen freeholders, or by the Hackensack Commission, as the case may

be. In any such action, the said court may make any incidental order that shall be deemed

by the court to be proper. g. Upon the adoption of a solid waste management plan in its entirety, the board of

chosen freeholders or the Hackensack Commission, as the case may be, shall forthwith

submit such plan, and a copy of the transcript of every public hearing held thereon,

and a complete record of the dates and results of all consultation with governmental

agencies and the relevant advisory solid waste council, to the commissioner. Upon the adoption of a part or parts of a solid waste management plan, the board

of chosen freeholders or the Hackensack Commission, as the case may be, shall certify

the fact of such partial adoption to the commissioner, and such board of chosen freeholders

or the Hackensack Commission, as the case may be, shall, notwithstanding any previous

extension granted pursuant to any of the provisions of this amendatory and supplementary

act, have an additional 45 days from the date of such certification to adopt a solid

waste management plan in its entirety, which adoption shall be pursuant to all the

procedures contained herein for the adoption of solid waste management plans. h. Every board of chosen freeholders and the Hackensack Commission shall adopt a solid

waste management plan in its entirety and submit same to the commissioner, with a

copy of the transcript of every public hearing held thereon, and a complete record

of the dates and results of all consultation with governmental agencies and the relevant

advisory solid waste council, within 450 days after the effective date of this amendatory

and supplementary act; provided, however, that if the commissioner shall have granted

an extension of time for the development and formulation of such plan pursuant to

section 11 of this amendatory and supplementary act, or an extension of time for the

adoption of any such plan in its entirety pursuant to this section, or both, the time

for adoption and submission to the commissioner as required herein shall be increased

to a maximum of 495 days in the case of either such extension, or 540 days in the

case of both such extensions; and, provided further, however, that if the commissioner

shall have received a certification of failure pursuant to section 12 b. of this amendatory

and supplementary act, the time for adoption and submission to the commissioner, notwithstanding

any other increase authorized in this amendatory and supplementary act, shall be increased

by the number of days taken by the commissioner from the date of such receipt to the

completion of his study concerning such certification of failure. i. Upon the failure of any board of chosen freeholders or the Hackensack Commission,

as the case may be, to adopt a solid waste management plan in its entirety and to

submit same to the commissioner, with a copy of the transcript of every public hearing

held thereon, and a complete record of the dates and results of all consultation with

governmental agencies and the relevant advisory solid waste council, within the time

prescribed in subsection h. of this section, the department shall have the power to

develop and formulate a solid waste management plan in its entirety for any such solid

waste management district, either including therein or excluding therefrom any part

or parts of such plan as may have been adopted by the board of chosen freeholders

or the Hackensack Commission, as the case may be. Following the holding of a public hearing pursuant to the procedures contained herein,

the department shall have the power to adopt and promulgate such solid waste management

plan in its entirety for any such solid waste management district. Any solid waste management plan so adopted and promulgated by the department for

any solid waste management district shall be subject to the same review by the Superior

Court as solid waste management plans otherwise adopted pursuant to this section. 1

N.J.S.A. § 13:1E-20. 2

N.J.S.A. § 13:1E-21.