New Jersey § 13:1e-28

§ 13:1e-28.

a. Any municipality with a population density of more than 1,500 persons per square

mile, according to the latest federal decennial census, that shares a common boundary

with a municipality within which is located, pursuant to an adopted and approved district

solid waste management plan, a sanitary landfill facility: (1) any part of which lies within 1,300 feet of the common boundary between the municipalities,

as determined by the Department of Environmental Protection; (2) that received more than 700,000 tons of solid waste in the 1992 calendar year

or in any calendar year thereafter; and (3) that is owned or operated by a county or by a county utilities authority created

pursuant to the “municipal and county utilities authorities law,” P.L.1957, c. 183

( C. 40:14B-1 et seq. ), shall be entitled to an annual economic benefit in consideration for the proximity

of the sanitary landfill facility. The annual economic benefit shall be not less than the equivalent of $0.50 per ton,

and not more than $1.50 per ton, of all solid waste accepted for disposal at the sanitary

landfill facility, as determined by the department, during the 1993 calendar year

and each year thereafter. b. A municipality that qualifies for an economic benefit pursuant to subsection a.

of this section may negotiate with the owner or operator of the sanitary landfill

facility to determine the actual dollar amount of the annual economic benefit to be

paid to that municipality. The owner or operator of the sanitary landfill facility shall annually pay to every

municipality qualifying under subsection a. of this section the full amount due under

this subsection, except that the owner or operator shall pay the 1993 economic benefit

by the last day of the first quarter of the 1994 calendar year. Each municipality qualifying under subsection a. of this section may anticipate

the annual economic benefit for the purposes of preparing its 1994 budget and each

annual budget thereafter. For the purposes of calculating the method of payment, the owner or operator of

the sanitary landfill facility may, subject to the prior agreement of a municipality

qualifying under subsection a. of this section and to the approval of the Department

of Environmental Protection, provide that municipality with any of the following benefits

in consideration for the proximity of the sanitary landfill facility: (1) The exemption from all fees and charges for the disposal of solid waste generated

within the boundaries of the municipality; (2) The receipt of a lump sum cash payment; or (3) Any combination thereof. c. Every owner or operator of a sanitary landfill facility required to make annual

payments to a municipality qualifying pursuant to subsection a. of this section may

petition the Department of Environmental Protection for an increase in its tariff

which reflects these payments. The department, within 60 days of the receipt of the petition, shall issue an appropriate

order that these payments shall be passed along to the users of the sanitary landfill

facility as an automatic surcharge on any tariff filed with, and recorded by, the

department for the solid waste disposal operations of the facility. d. In issuing any order required by this section, the Department of Environmental

Protection shall be exempt from the provisions of R.S. 48:2-21 .