New Jersey § 13:1e-26

§ 13:1e-26.

a. Prior to the construction, acquisition, or operation of any solid waste facility in any solid waste management district pursuant to the adopted and approved district solid waste management plan therefor, the person proposing the construction, acquisition, or operation, in addition to preparing an environmental

impact statement for the solid waste facility in such form as shall be required by the commissioner pursuant to the provisions

of section 6 of P.L.1970, c. 39 ( C. 13:1E-6 ) , shall make or cause to be made any preliminary surveys, investigations, studies, borings, maps, plans, drawings, and

estimates of costs and of revenues as the commissioner may deem necessary relating

to the type of solid waste facility. The results of the environmental impact statements, surveys, investigations, studies, borings, maps,

plans, drawings, and estimates required by the commissioner shall be submitted to

the commissioner for approval. No person may proceed to construct, acquire, or operate any solid waste facility

without having first obtained the approval of the commissioner. Such approval shall be granted only if the commissioner determines that: (1) The proposed construction, acquisition, or operation is consistent with the adopted

and approved district solid waste management plan of the solid waste management district within which the

solid waste facility is to be located; and (2) The proposed solid waste facility will be constructed or acquired, and operated, pursuant

to the standards adopted and promulgated therefor by the department pursuant to the

provisions of section 6 of P.L.1970, c. 39 ( C. 13:1E-6 ) . b. In addition to the requirements of subsection a. of this section, no person shall

commence construction of a resource recovery facility prior to the completion by the

Attorney General and the department of the requirements of sections 3 and 8 of P.L.1983,

c. 392 ( C. 13:1E-128 and 13:1E-133 ), unless such person has received a temporary license approved by the department

pursuant to section 10 of P.L.1983, c. 392 ( C.13:1E-135 ). The commissioner shall not approve the commencement of construction of a resource

recovery facility unless the person proposing to own or operate the resource recovery

facility has received a license approved by the department pursuant to section 8 of

P.L.1983, c. 392 ( C. 13:1E-133 ) or a temporary license approved by the department pursuant to section 10 of P.L.1983,

c. 392 ( C. 13:1E-135 ).