New Jersey § 26:2c-22

§ 26:2c-22.

a. (1) No ordinances of any governing body of a municipality or county or board of

health more stringent than P.L.1954, c. 212 ( C.26:2C-1 et seq. ) or any code, rules or regulations adopted pursuant thereto shall be superseded by

P.L.1954, c. 212 ( C.26:2C-1 et seq. ). After the effective date of P.L.1995, c. 188 ( C.26:2C-9.5 et al.), no municipality, county, local board of health, local health agency, regional

health commission, or any other political subdivision of the State may enact any ordinance,

pursuant to P.L.1954, c. 212 ( C.26:2C-1 et seq. ), section 9 of P.L.1977, c. 443 ( C.26:3A2-27 ), or any other authority, concerning the subject matter covered by P.L.1954, c. 212

( C.26:2C-1 et seq. ), except as provided in subsection b. of this section, whether that subject matter

is expressed by inclusion in or exclusion from that act. Penalties for violations of ordinances of a governing body of a municipality or county

or board of health shall not exceed $2,500. Nothing set forth in the “County Environmental Health Act,” P.L.1977, c. 443 ( C.26:3A2-21 et al.), or any codes, rules or regulations adopted pursuant thereto, shall affect

the validity of local ordinances adopted pursuant to this section prior to the effective

date of P.L.1995, c. 188 ( C.26:2C-9.5 et al.) or amendments thereto adopted as authorized pursuant to subsection b. of

this section. b. Notwithstanding the provisions of subsection a. of this section to the contrary,

no fee imposed upon any facility by the governing body of a municipality or county

or board of health relating to the control of air pollution, which fee was imposed

pursuant to this section, section 7 of P.L.1991, c. 99 ( C.26:3A2-34 ), or any other law, may be increased above the amount imposed upon that facility

as of June 15, 1995. In no event may any such fee imposed upon any facility exceed a total of $1,000

per year over a given fee cycle and any such fee that exceeds that amount shall be

reduced to $1,000 after the effective date of P.L.1995, c. 188 ( C.26:2C-9.5 et al.). Ordinances adopted prior to the effective date of P.L.1995, c. 188 ( C.26:2C-9.5 et al.) that impose fees exceeding the $1,000 limit shall be amended to conform to

the provisions of this subsection at or before the end of the present ordinance fee

cycle. In order to prevent the pass through of fees capped by this section onto any facility

engaging in activities not related to the control of air pollution, no fee imposed

pursuant to section 7 of P.L.1991, c. 99 ( C.26:3A2-34 ) for such activities may be increased above the amount imposed upon that facility

as of June 15, 1995. c. Notwithstanding the provisions of subsection a. or b. of this section to the contrary,

nothing in this section or in the “County Environmental Health Act,” P.L.1977, c.

443 ( C.26:3A2-21 et al.) shall be construed to authorize ordinances providing for the local regulation

of, or collection of fees from, any facility required to obtain an operating permit

pursuant to section 13 of P.L.1967, c. 106 ( C.26:2C-9.2 ) or any research and development facility. However, local inspections of such facilities or research and development facilities

delegated pursuant to the “County Environmental Health Act,” P.L.1977, c. 443 ( C.26:3A2-21 et al.) may be conducted as necessary in response to citizen complaints.