Carroll-DeCroce Statements on Signing “Legacy Landfill” Legislation

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.