John Castner, Director

Division of County Environmental & Waste Enforcement

Who has what responsibility?Who has what responsibility?

Recycling Enforcement Recycling Enforcement ResponsibilitiesResponsibilities

Who Plays a Role in Who Plays a Role in Recycling Enforcement?Recycling Enforcement?

DEPDEP CEHA AgencyCEHA Agency Solid Waste Utility or other County Solid Waste Utility or other County

AuthorityAuthority Local Board of HealthLocal Board of Health Local Recycling CoordinatorLocal Recycling Coordinator Other Local EntitiesOther Local Entities

DEP’s Enforcement RoleDEP’s Enforcement Role Authority: Solid Waste Management Act (SWMA) Authority: Solid Waste Management Act (SWMA)

as amended (N.J.S.A. 13:1E-1 et seq.) & as amended (N.J.S.A. 13:1E-1 et seq.) & implementing regulations, administrative implementing regulations, administrative orders, permits, etc.orders, permits, etc.

Inspection Universe: Recycling Facilities, Inspection Universe: Recycling Facilities, Transporters, & GeneratorsTransporters, & Generators

Enforcement Tools: Compliance AssistanceEnforcement Tools: Compliance Assistance

NOVs, AONOCAPAs, NOCAPAs, AO’s, ACOs, CourtNOVs, AONOCAPAs, NOCAPAs, AO’s, ACOs, Court Judicial Forum: Superior Court (injunctive relief); Judicial Forum: Superior Court (injunctive relief);

Superior Court (actions to collect a penalty)Superior Court (actions to collect a penalty)

County Solid Waste Utility County Solid Waste Utility or other Authority’s Role or other Authority’s Role Authority: SWMA & CEHA (If CEHA contractor); Authority: SWMA & CEHA (If CEHA contractor);

District SWMP (if identified in the plan as the District SWMP (if identified in the plan as the enforcement entity) N.J.S.A. 13:1E-99.13enforcement entity) N.J.S.A. 13:1E-99.13

Inspection Universe: As identified in the Inspection Universe: As identified in the SWMP or CEHA contractSWMP or CEHA contract

Enforcement Tools: Compliance Assistance, Enforcement Tools: Compliance Assistance, NOVs (& Penalties), SummonsesNOVs (& Penalties), Summonses

Judicial Forum: Superior Court or Judicial Forum: Superior Court or Municipal Court having jurisdictionMunicipal Court having jurisdiction

Local Recycling Coordinator RoleLocal Recycling Coordinator Role

Authority: SWMA for Local Recycling Authority: SWMA for Local Recycling Ordinance (N.J.S.A. 13:1E-99.16)Ordinance (N.J.S.A. 13:1E-99.16)

Inspection Universe: As identified in Inspection Universe: As identified in the ordinancethe ordinance

Enforcement Tools: As identified Enforcement Tools: As identified in the ordinancein the ordinance

Judicial Forum: Municipal Judicial Forum: Municipal CourtCourt

Local Board of Health RoleLocal Board of Health Role Authority: SWMA or local recycling or Authority: SWMA or local recycling or

anti-dumping ordinanceanti-dumping ordinance Inspection Universe: (SWMA) Could Inspection Universe: (SWMA) Could

include generators, transporters, include generators, transporters, recycling facilities; and/or as identified in recycling facilities; and/or as identified in the recycling ordinancethe recycling ordinance

Enforcement Tools: NOVs, Citation, Enforcement Tools: NOVs, Citation, SummonsSummons

Judicial Forum: Superior Court Judicial Forum: Superior Court (for SWMA) or Municipal Court(for SWMA) or Municipal Court

Authority: Local recycling or anti-Authority: Local recycling or anti-dumping ordinancesdumping ordinances

Universe: As identified in the Universe: As identified in the ordinanceordinance

Enforcement Tools: As Enforcement Tools: As identified in the ordinanceidentified in the ordinance

Judicial Forum: Municipal Judicial Forum: Municipal CourtCourt

Other Local EntitiesOther Local Entities

CEHA’s RoleCEHA’s Role Authority: SWMA and County Environmental Authority: SWMA and County Environmental

Health Act (N.J.S.A. 26:3A2-21 et seq.)Health Act (N.J.S.A. 26:3A2-21 et seq.) Inspection Universe: Complaint Inspection Universe: Complaint

Investigations, Generators, transporters, Investigations, Generators, transporters, and recycling facilitiesand recycling facilities

Enforcement Tools: Compliance AssistanceEnforcement Tools: Compliance Assistance– NOVs (& Penalties), SummonsesNOVs (& Penalties), Summonses

Judicial Forum: Superior Court or Judicial Forum: Superior Court or Municipal Court having jurisdiction Municipal Court having jurisdiction

DEP penalties for non-DEP penalties for non-compliancecompliance

Statutory: max. $50,000/violation/dayStatutory: max. $50,000/violation/day Regulatory - penalty tables x severity Regulatory - penalty tables x severity

factor multiplier (if applicable)factor multiplier (if applicable)

NM = $4,500 - $10,000NM = $4,500 - $10,000

M = $3,000 (+ grace period)M = $3,000 (+ grace period) Regulatory - penalty matrixRegulatory - penalty matrix

Used when violation is not listed in the DEP’s Used when violation is not listed in the DEP’s penalty tables (insufficient history) or the penalty penalty tables (insufficient history) or the penalty would be too low to be a sufficient deterrentwould be too low to be a sufficient deterrent

Example: Penalty Calculation Example: Penalty Calculation using penalty tables & severity using penalty tables & severity

factorsfactors

Violation: Failure of approved recycling center Violation: Failure of approved recycling center to comply with all approval conditionsto comply with all approval conditions

Base penalty (N.J.A.C. 7:26A-31.(a) = $3,000Base penalty (N.J.A.C. 7:26A-31.(a) = $3,000 Severity Factor for violating same ruleSeverity Factor for violating same rule

24 - 12 months prior: 0.50 x $3,000 = $1,50024 - 12 months prior: 0.50 x $3,000 = $1,500 Severity factor for violating different rule Severity factor for violating different rule

24-12 months prior: 0.25 x $3,000 = $75024-12 months prior: 0.25 x $3,000 = $750

Total civil administrative penalty = $5,250Total civil administrative penalty = $5,250

SERIOUSNESSMajorModerateMinorMajor$40,000-$30,000-$15,000-$50,000$40,000$25,000CONDUCTModerate$30,000-$10,000-$3,000-$40,000$20,000$6,000Minor$15,000-$3,000-$25,000$6,000N/A**N/A means not applicable.

DEP’s Recycling Penalty DEP’s Recycling Penalty MatrixMatrix

Recycling Sweeps Recycling Sweeps UpdateUpdate

Atlantic County v. Hudson CountyAtlantic County v. Hudson County

AA HH Overall compliance rate: 77% 78%Overall compliance rate: 77% 78% Variation in municipal rates: 50-100% 58-90%Variation in municipal rates: 50-100% 58-90% Schools:Schools: 79% 74% 79% 74% Hotels/Motels/CasinosHotels/Motels/Casinos 60% 88% 60% 88%

– CasinosCasinos 92%92%– Hotels/motelsHotels/motels 55%55%

Recycling Enforcement Recycling Enforcement IssuesIssues

Many local recycling ordinances Many local recycling ordinances need to be updated to include need to be updated to include enforcement provisions and tie enforcement provisions and tie into the SWMPinto the SWMP

The SWMPs need to be updated to The SWMPs need to be updated to reflect current recycling priorities reflect current recycling priorities and enforcement as welland enforcement as well

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