New Jersey § 13:1e-99

§ 13:1e-99.

a. Beginning 18 months after the effective date of P.L.2020, c. 24 ( C.13:1E-99.122 et al.), 1 each large food waste generator, for each individual establishment or location owned

or operated by the large food waste generator that is located within 25 road miles

of an authorized food waste recycling facility and generates an average projected

volume of 52 or more tons per year of food waste within 25 road miles of an authorized

food waste recycling facility, shall: (1) source separate its food waste from other solid waste; and (2) send the source separated food waste to an authorized food waste recycling facility

that has available capacity and will accept it. b. Notwithstanding the provisions of subsection a. of this section: (1) If a large food waste generator is not located within 25 road miles of an authorized

food waste recycling facility, or the authorized food waste recycling facility will

not accept the generator's food waste, the large food waste generator may send the

food waste for final disposal at a solid waste facility as provided in the approved

district solid waste management plan for the solid waste management district in which

the generator is located; (2) Any large food waste generator that is obligated to source separate and recycle

its food waste pursuant to subsection a. of this section shall be deemed to be in

compliance with the provisions of this section if the large food waste generator: (a) performs enclosed on-site composting, or anaerobic or aerobic digestion of its

source separated food waste in accordance with standards adopted by the department

pursuant to subsection d. of this section, or (b) recycles food waste using an alternative authorized food waste recycling method;

and (3) A large food waste generator may petition the Department of Environmental Protection

for a waiver of the requirements in subsection a. of this section if the cost of transporting

the food waste plus the fee charged by an authorized food waste recycling facility

located within 25 road miles of the large food waste generator is at least 10 percent

more than the cost of transporting the food waste for disposal as solid waste plus

the disposal fee charged for solid waste disposal in the State for noncontract commercial

waste by a properly licensed transfer station, sanitary landfill facility, incinerator,

or resource recovery facility located within 25 road miles of the large food waste

generator provided that any authorized food waste recycling facility located within

25 road miles of the large food waste generator seeking the waiver must be given notice

of the petition and an opportunity to participate in the proceeding before the department. c. Any person who violates P.L.2020, c. 24 ( C.13:1E-99.122 et al.), or any rule or regulation adopted pursuant thereto, shall be subject to

a civil penalty of $250 for the first offense, $500 for the second offense, and $1,000

for the third and each subsequent offense, to be collected in a civil action by a

summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). If the violation is of a continuing nature, each day during which it continues shall

constitute an additional, separate, and distinct offense. The Superior Court and the municipal court shall have jurisdiction to enforce the

provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ) in connection with this subsection. d. The Department of Environmental Protection shall adopt, pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations necessary to implement this section, including, but not limited

to: (1) record keeping and reporting requirements for large food waste generators and

authorized food waste recycling facilities, as determined necessary by the department; (2) guidelines and procedures for businesses to follow to determine whether they are

subject to the requirements of this section, including food waste generation estimates

and food waste audits or assessments; (3) a list of food waste products that must be source separated and recycled pursuant

to this section; (4) standards for the enclosed on-site composting, or anaerobic or aerobic digestion

of source separated food waste, including requirements for energy production and other

sustainable uses of the byproducts of recycled food waste; (5) a list of actions businesses may take to reduce the amount of food waste they

generate to a level below the threshold amount established in subsection a. of this

section; and (6) procedures for a large food waste generator to follow when petitioning the department

for a waiver pursuant to paragraph (3) of subsection b. of this section. e. The department shall publish on its Internet website the name, location, and contact

information for each authorized food waste recycling facility in the State. 1

L.2020, c. 24, eff. April 14, 2020.