Senate Bill 1683 is sitting in Appropriations, waiting for legislators to determine predicted costs and revenues for the state if this bill passes. As proposed right now, the bill will expand existing law to regulate a broader range of individuals involved in the solid waste industry.
Enforcement actions and penalties are missing from the bill. It outlines who may or may not apply for the licenses and it outlines conditions that must be met once an individual possesses the license.
Mayor Shortway has proposed the following amendments to the bill to cover enforcement and penalties:
A criminal statute to be placed in Chapter 17 of the NJSA 2C code, is as follows:
It is a crime of the third degree for any person to knowingly or purposely dump, deposit, or otherwise dispose of any dirt, sand, gravel, clay, loam, stone, rocks, rubble, building rubbish, sawdust, shavings, trade or household waste, ashes, manure, garbage, rubbish, or debris of any sort being transported in a dump truck or other vehicle in or upon any street, lot, park, public place, or other area whether publicly or privately owned without a permit as required by statute, or ordinance or contrary to municipal, county or state “stop work order”.
In addition, no person may allow anyone under his/her control (agent or employee) to engage in illegal dumping.
Penalties for a third degree crime in NJ include: A term of incarceration ranging from 3 to 5 years and a fine of up to $15,000 and vehicle impoundment. Both the owner and driver of the vehicle are liable for illegal dumping. If the owner of the vehicle has been convicted of or found liable for a violation of this Code provision three or more times within an 18 month period, or if the owner has been convicted of or convicted for a violation one time in which the material dumped is defined as hazardous waste under State Law, the vehicle is forfeited pursuant to a court determination and auctioned no sooner than 30 days after the determination. The convicted owner of the vehicle is not entitled to repurchase it.
In addition any person convicted will receive the mandatory driver’s license suspension:
First offense, the penalties will include a driver’s license suspension of 3 to 12 months; and mandatory $1,000 surcharge to the solid/hazardous waste remediation fund.
Second offense include a two year loss of license; and 30 days of community service and mandatory $3,000 surcharge to the solid/hazardous waste remediation fund.
Third conviction; a 10 year loss of license and 90 days of community service as well as surcharges of $5,000 to the solid/hazardous waste remediation fund.