Agenda - Council - 10/25/1983 - Laserfiche WebLink

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I I I I i I I ,I I I I I I I I I I 25 LIABILITY The owner or operator of a sanitary landfill shall be jointly and severally liable for the proper operation and closure of the facility and for any damages proximately resulting from its operations or closure. POST-CLOSURE CARE PERIOD New Jersey requires owners and operators of landfills to care for facili- ties for 30 years after completing closure; however, the NJDEP may reduce or extend that time period with justification. RECYCLING ACT New Jersey also levies a recycling tax upon landfill owners and operators of $0.12 per cubic yard of solid waste or $.0006 per gallon of liquid waste3on all waste accepted for disposal. The rate decreased to $.06 per yard and $.0003 per gallon after Jan. 1, 1986. The tax revenues are used to make payments to municipalities based upon materials recycled and low interest loans to private parties to begin or expand recycling businesses. The tax is administered by the New Jersey Department of Energy and NJDEP. WISCONSIN Wisconsin established a "waste management fund" or WMF for proper closure and post-closure of its new landfills, i.e., after 1978, the year the law was enacted. The waste management fund provides action for repair of unanticipated environmental damage or replacement of a potable water '§~'Ppl~, JIt does not provide compensation for personal injury or disease or loss of income. WASTE TONNAGE FEE Every owner or operato6 of a new landfill {post 1978) must pay a tax of 1.5 cents or 3.5 cents per ton of waste received depending upon how long the owner or operator wishes to maintain responsibility for the landfill {e.g., 20 or 30.years). In addition, the tax is applicable to ashes and sludges from electric and steam-generation facilities, solid wastes from foundries and sludges from water treatment, wastewater treatement or manu- facturing plants. After five years, the fund has accumulated $500,000. The fee can be eliminated when the fund exceeds $15,000,000 and i.f a facil,i~,~.~. ity is operating under its sixth or subsequent year subject to l i.censing. The tax is reimposed if the fund is depleted to less'than $12,000,000. LIABILITY The WMF can be used for repair of unanticipated environmental damages both during the landfill's operating or post-closure. If the landfill was operated properly, the WMF is liable. If the landfill was not operated properly, the WMF has a cause of action against the landfill.