General Overview:
This analysis outlines the Waste Management – Universal Waste within the jurisdiction of New Jersey: pertaining to the management of universal waste.
Universal waste is a category of waste materials designated as “hazardous waste”, but containing materials that are very common. It is defined in 40 CFR 273.9, by the United States Environmental Protection Agency. The key elements would be the classification of this waste, different categories of its handles, and rules and regulations pertaining to the governance of this system of waste management in New Jersey.
The United States Environmental Protection Agency (USEPA) has given New Jersey the authority to oversee and enforce the Resource Conservation and Recovery Act (RCRA) laws within its borders.
Solid Waste Management Act(SWMA) empowers the Department of Environmental Protection, local health boards, and the health departments of the county to bring any defaulter/offender to the court of law where both civil or criminal proceedings can be initiated and where the Judicial Forums acts as the Superior Court and from the same injunctive reliefs can be sought. The cases are generally filed before the municipal courts where the offender/defaulter is tried and orders are passed in terms of compensation/penalties under NJSA 13:1E-9a.
Applicability:
The County in general terms and practices collect taxes for the purpose of Solid Waste collection, managing them and again recycling them accordingly. The law mainly governs the waste transporters and the contractors who has been alloted the tendor to collect the waste and showing them their final destination.
The 2003 amendment 13:1E-9.3 in the State Legislature creates it a disorderly offense. Disorderly offenses are ones which can often be referred as misdemeanor offence which normally carry imprisonment less than 12 years, and fine less than 1000$. 13:1E-9.3 has created bar on transportation, disposal of Solid Waste more than 0.148 cubic yards, or 30 U.S. Gallons of liquids to or at disposal sites. In violation of 13:1E-9.3 criminal actions may be initiated against the transporter, treatment storage, and other under 13:1E-9(g) of N.J.S.A
Passionate about using the law to make a difference in people’s lives. An Advocate by profession.
