John Castner, Director Division of County Environmental & Waste Enforcement Who has what responsibility? Who has what responsibility? Recycling Enforcement Responsibilities

Who Plays a Role in Recycling Enforcement? n DEP n CEHA Agency n Solid Waste Utility or other County Authority n Local Board of Health n Local Recycling Coordinator n Other Local Entities

DEP’s Enforcement Role n Authority: Solid Waste Management Act (SWMA) as amended (N.J.S.A. 13:1E-1 et seq.) & implementing regulations, administrative orders, permits, etc. n Inspection Universe: Recycling Facilities, Transporters, & Generators n Enforcement Tools: Compliance Assistance NOVs, AONOCAPAs, NOCAPAs, AO’s, ACOs, Court n Judicial Forum: Superior Court (injunctive relief); Superior Court (actions to collect a penalty)

County Solid Waste Utility or other Authority’s Role n Authority: SWMA & CEHA (If CEHA contractor); District SWMP (if identified in the plan as the enforcement entity) N.J.S.A. 13:1E n Inspection Universe: As identified in the SWMP or CEHA contract n Enforcement Tools: Compliance Assistance, NOVs (& Penalties), Summonses n Judicial Forum: Superior Court or Municipal Court having jurisdiction

Local Recycling Coordinator Role n Authority: SWMA for Local Recycling Ordinance (N.J.S.A. 13:1E-99.16) n Inspection Universe: As identified in the ordinance n Enforcement Tools: As identified in the ordinance n Judicial Forum: Municipal Court

Local Board of Health Role n Authority: SWMA or local recycling or anti- dumping ordinance n Inspection Universe: (SWMA) Could include generators, transporters, recycling facilities; and/or as identified in the recycling ordinance n Enforcement Tools: NOVs, Citation, Summons n Judicial Forum: Superior Court (for SWMA) or Municipal Court

n Authority: Local recycling or anti- dumping ordinances n Universe: As identified in the ordinance n Enforcement Tools: As identified in the ordinance n Judicial Forum: Municipal Court Other Local Entities

CEHA’s Role n Authority: SWMA and County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) n Inspection Universe: Complaint Investigations, Generators, transporters, and recycling facilities n Enforcement Tools: Compliance Assistance –NOVs (& Penalties), Summonses n Judicial Forum: Superior Court or Municipal Court having jurisdiction

DEP penalties for non-compliance n Statutory: max. $50,000/violation/day n Regulatory - penalty tables x severity factor multiplier (if applicable) NM = $4,500 - $10,000 M = $3,000 (+ grace period) n Regulatory - penalty matrix Used when violation is not listed in the DEP’s penalty tables (insufficient history) or the penalty would be too low to be a sufficient deterrent

Example: Penalty Calculation using penalty tables & severity factors Violation: Failure of approved recycling center to comply with all approval conditions n Base penalty (N.J.A.C. 7:26A-31.(a) = $3,000 n Severity Factor for violating same rule months prior: 0.50 x $3,000 = $1,500 n Severity factor for violating different rule months prior: 0.25 x $3,000 = $750 Total civil administrative penalty = $5,250 Total civil administrative penalty = $5,250

DEP’s Recycling Penalty Matrix

Recycling Sweeps Update Atlantic County v. Hudson County Atlantic County v. Hudson County AH AH n Overall compliance rate: 77% 78% n Variation in municipal rates: % 58-90% n Schools: 79% 74% n Hotels/Motels/Casinos 60% 88% –Casinos 92% –Hotels/motels 55%

Recycling Enforcement Issues n Many local recycling ordinances need to be updated to include enforcement provisions and tie into the SWMP n The SWMPs need to be updated to reflect current recycling priorities and enforcement as well

When will the Wolf be at your Door? When will the Wolf be at your Door?