New Jersey § 13:1e-48

§ 13:1e-48.

a. On or after the first day of the 25th month following the effective date of this

act, the department shall make a written determination as to whether each county required

to provide for its regulated medical waste disposal requirements has selected and

implemented an appropriate disposal arrangement. In the event that a county has failed to provide for its regulated medical waste

disposal requirements pursuant to section 16 of this act, 1 the commissioner shall certify the failure of that county. b. In the event that the department determines that a county has failed to fulfill

its regulated medical waste disposal responsibilities, as certified by the commissioner

pursuant to subsection a. of this section, the department shall hold a public hearing

thereon within 30 days of making the determination. At the public hearing, the relevant county shall have the burden to show that the

county has taken timely and significant action toward providing for its regulated

medical waste disposal requirements and that the determination of the department is

unwarranted. Within 45 days of the conclusion of the hearing, the department shall make a final

determination, which action shall be considered to be final agency action thereon

for the purposes of the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), and shall be subject only to judicial review as provided in the Rules of Court. c. In the event that the department makes a final determination after the public hearing

that a county has failed to fulfill its regulated medical waste disposal responsibilities,

the department shall have the power to designate and develop in that county one or

more appropriate regulated medical waste disposal facilities, which facilities may

utilize incineration or non-incineration technologies, to be utilized by the county

or several counties on a regional basis. 1

N.J.S.A. § 13:1E-48.16.