Legislation (S-2861/A-4238) sponsored by Assembly Republicans Michael Patrick Carroll and BettyLou DeCroce establishing requirements and controls applicable to “legacy landfills” and properly closed sanitary landfill facilities that accept new materials after closure was signed into law today by Gov. Christie.
The following statements are from the Assembly Republican sponsors of the new law:
“The Fenimore landfill is a health hazard that needs the immediate
attention it will now receive from the new law,” said Carroll, R- Morris
and Somerset, who represents Roxbury Twp. “The unilateral decision to
change the agreed upon use in a legacy landfill not only has
environmental consequences but affects a town’s quality of life. There
must be consequences for failing to abide by an agreement, but the most
important concern is restoring the community’s intolerable living
condition resulting from the detestable smell coming from Fenimore.”
“As the former municipal clerk and public servant for Roxbury
Township for over 23 years, I have strong ties, loyalty and a deep
conviction to this community and its residents,” said DeCroce, R-Morris,
Essex and Passaic. “The air quality from the hydrogen sulfide emanating
from Fenimore is a public health concern for everyone in the town. A
host of problems, including respiratory and eye-irritation have plagued
residents for weeks. I am glad the DEP acted immediately to take
temporary control of Fenimore so the noxious odors emitted from the site
can be controlled and the residents can return to a normal and healthy
quality of life.”
The new law provides that an administrative consent order (ACO)
entered into between the DEP and a potential legacy landfill purchaser
will be voidable if: the DEP finds the financial assurance requirements
made by the applicant are not met; the applicant entering into the ACO
submitted to any governmental agency any misrepresentation, false
statement or misleading statement; or fraud, misrepresentation or deceit
was used in securing a license.
The administrative consent order (ACO) will be voided once initiated by the DEP and upheld in a Superior Court.
The bill also provides that if the ACO is voided, the DEP will be
required to take such measures deemed necessary to protect the public,
which may include closing the landfill.
A “legacy landfill” is defined as one that ceased operations prior to
January 1, 1982, and received household, commercial or industrial solid
waste for disposal.