WHEREAS, the
amount of solid waste that will need to be disposed of can be reduced
through such environmentally safe and economically sound methods
as source reduction and reuse techniques, recycling and composting;
and
WHEREAS, the
Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. ("Act"), mandates
maximum practicable use of source reduction and reuse techniques,
recycling and composting; and
WHEREAS, proper
solid waste disposal and recycling programs contribute to solving
energy, environmental and economic problems; and
WHEREAS, the
lack of coordinated Statewide planning and management has led to
insufficient disposal capacity within the State and forced several
counties to send their solid waste to out-of-state disposal facilities
at great cost and questionable reliability; and
WHEREAS, source
reduction, reuse, recycling and composting efforts reduce demand
for solid waste disposal facilities and, conversely, waste-to-energy
resource recovery facilities discourage the maximum use of other
recycling activities; and
WHEREAS, planning
and construction of waste-to-energy resource recovery facilities
require substantial capital expenditures and a guaranteed flow of
processible and combustible waste; and
WHEREAS, source
reduction, reuse, recycling and composting must be increased before
proceeding with further development of waste-to-energy resource
recovery facilities; and
WHEREAS, each
county and the Hackensack Meadowlands District currently constitute
a solid waste management district ("District") authorized to act
independently or in combination with other Districts to plan for
the disposal of solid waste; and
WHEREAS, cooperative
arrangements among Districts could limit the number of solid waste
facilities and result in benefits to the citizens of the State;
and
WHEREAS, 12
waste-to-energy resource recovery facilities are currently in the
planning, engineering, design or environmental review stages and
have not received final approval of solid waste facility engineering
designs or begun construction or operation; and
WHEREAS, a
sensible plan for dealing with the State's solid waste problem can
be achieved by maximizing the use of source reduction and reuse
techniques, recycling, composting and other environmentally sound
methods for dealing with solid waste, by reassessing those waste-to-energy
facilities that are currently being developed or are operating in
this State;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue
of the authority vested in my by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
1. An Emergency
Solid Waste Assessment Task Force ("Task Force") is hereby established,
which shall consist of 15 members to be appointed by the Governor
as follows:
a. The
Commissioner of Environmental Protection who shall serve as
the Chairperson;
b. The
President of the Board of Public Utilities or his designee;
c. The
Commissioner of Community Affairs or his designee;
d. The
Attorney General or his designee;
e. The
State Treasurer or his designee;
f. One
representative for the Governor's Office;
g. Two
representatives of local or county governments;
h. Four
representatives of environmental groups;
i. One
representative with experience in waste-to-energy resource recovery;
and
j. Two
representatives with experience in recycling.
2. The Task
Force shall:
a. Estimate
the quantity and characteristics of the waste stream for each
District;
b. Identify
and evaluate specific methods for reducing the amount of solid
waste produced and for increasing reuse, recycling and composting
of solid waste; determine what percentage of the solid waste
stream can be eliminated by source reduction and reuse techniques,
recycling or composting and when such percentages can be achieved;
c. Review
current and projected solid waste disposal needs of the Districts
for the next 20 years and evaluate existing landfill capacity;
d. Evaluate
the environmental, health, safety and financial impacts of source
reduction, reuse, recycling, composting, landfills and waste-to-energy
resource recovery facilities; determine whether regionalized
facilities would result in net benefits to the citizens of the
State, and evaluate the impact on individual Districts;
e. Prepare
a preliminary report indicating the amount of solid waste expected
to be produced in New Jersey over the next 20 years, the amount
that can be eliminated through source reduction, the amount
that can be reused, recycled or composted, and the amount that
must be disposed of by landfilling and waste-to-energy and other
resource recovery methods; and
f. Take
public comment, including hearings, on the preliminary report.
3. Within
120 days of the date of this Order, the Task Force shall submit
recommendations to the Governor on the following:
a. A program
to minimize the generation of solid waste and maximize reuse,
recycling and composting. This program should specifically identify
the percentages of waste which can be removed from the solid
waste stream by reuse, recycling and composting and propose
a schedule for these reductions in the waste stream;
b. Alternatives
for the disposal of solid waste that cannot be removed from
the waste stream through source reduction and
c. The
benefits of and a process for regionalizing solid waste disposal
facilities where appropriate;
d. The
need for revision of environmental or other standards for resource
recovery or other solid waste disposal facilities; and
e. Legislative
and regulatory changes which are necessary to achieve the Task
Force's recommendations.
4. During
the Task Force's deliberations over the next 120 days, the following
shall apply:
a. The
Department of Environmental Protection shall not issue a final
approval of any solid waste management plan that sites increases
the capacity of or approves financing for waste-to-energy resource
recovery facilities;
b. The
Department of Environmental Protection shall not issue a approval
of Preliminary or Final Environmental and Health Impact Statements
for any waste-to-energy resource recovery site or facility;
c. The
Department of Environmental Protection shall not issue tentative
or final approval of any solid waste facility engineering design
now pending or hereafter submitted for any waste-to-energy resource
recovery facilities;
d. The
Department of Environmental Protection, the Board of Public
Utilities and the Division of Local Government Services within
the Department of Community Affairs shall not, pursuant to N.J.S.A.
13:1E-136 et seq., issue any approval or conditional approval
of any previously submitted proposed contract for the design,
financing, construction, operation or maintenance of a waste-to-energy
resource recovery facility; and
e. No
State agency, commission or organization shall approve the issuance
of debt or extend financing to any person or entity for use
in planning, designing, acquiring, constructing, operating or
maintaining a waste-to-energy resource recovery facility.
5. The Task
Force is authorized to call upon any department, office, division
or agency of this State to supply it with data and any other information,
personnel or assistance it deems necessary to discharge its duties
under this Order. Each department, office, division or agency
of this State is hereby required, to the extent not inconsistent
with law, to cooperate with the Task Force and furnish it with
such information, personnel and assistance as is necessary to
accomplish the purpose of this Order. The Attorney General shall
act as legal counsel to the Task Force.
6. This
Order shall take effect immediately.
GIVEN,
under my hand and seal
this 6th day of April in the Year of
Our Lord, one thousand nine hundred
and ninety, and of the Independence
of the United States, the two hundred
and fourteenth.
/s/
James J. Florio
GOVERNOR
Attest:
/s/ John A.
Sweeney
Counsel to the Governor
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