Terms Used In New Jersey Statutes 13:1E-3

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • Personal property: All property that is not real property.
  • Personal property: includes goods and chattels, rights and credits, moneys and effects, evidences of debt, choses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon, property or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything except real property as herein defined which may be the subject of ownership. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3. As used in the provisions of P.L.1970, c.39 (C. 13:1E-1 et seq.):

“Solid waste” means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for source separated recyclable materials or source separated food waste collected by livestock producers approved by the State Department of Agriculture to collect, prepare and feed such wastes to livestock on their own farms.

“Solid waste collection” means the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.

“Disposal” means the storage, treatment, utilization, processing, resource recovery of, or the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water, so that the solid or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

“Solid waste management” includes all activities related to the collection or disposal of solid waste by any person engaging in any such process.

“Council” means the Advisory Council on Solid Waste Management.

“Department” means the Department of Environmental Protection.

“Commissioner” means the Commissioner of the Department of Environmental Protection.

“Solid waste facilities” means and includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of P.L.1970, c.39 (C. 13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

“Public authority” means a municipal or county utilities authority created pursuant to the “municipal and county utilities authorities law,” P.L.1957, c.183 (C. 40:14B-1 et seq.); a county improvement authority created pursuant to the “county improvement authorities law,” P.L.1960, c.183 (C. 40:37A-44 et seq.); a pollution control financing authority created pursuant to the “New Jersey Pollution Control Financing Law,” P.L.1973, c.376 (C. 40:37C-1 et seq.); or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law.

“Hackensack Meadowlands District” means the area within the jurisdiction of the New Jersey Meadowlands Commission created pursuant to the provisions of the “Hackensack Meadowlands Reclamation and Development Act,” P.L.1968, c.404 (C. 13:17-1 et seq.).

“Hackensack Commission” means the New Jersey Meadowlands Commission created pursuant to the provisions of the “Hackensack Meadowlands Reclamation and Development Act,” P.L.1968, c.404 (C. 13:17-1 et seq.).

“Public sewage treatment plant” means any structure or structures required to be approved by the department pursuant to P.L.1977, c.224 (C. 58:12A-1 et seq.) or P.L.1977, c.74 (C. 58:10A-1 et seq.), by means of which domestic wastes are subjected to any artificial process in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State, before the discharge of the plant effluent into any of the waters of this State; this definition includes plants for the treatment of industrial wastes, as well as a combination of domestic and industrial wastes.

“Resource recovery” means the collection, separation, recycling and recovery of metals, glass, paper and other materials for reuse; or the incineration of solid waste for energy production and the recovery of metals and other materials for reuse.

“Resource recovery facility” means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility.

“Sanitary landfill facility” means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste.

“Transfer station” means a solid waste facility at which solid waste is transferred from a solid waste collection vehicle to a registered solid waste haulage vehicle, including a rail car, for transportation to an offsite sanitary landfill facility, resource recovery facility, or designated out-of-State disposal site for disposal.

L.1970,c.39,s.3; amended 1975, c.326, s.4; 1984, c.7, s.1; 1987, c.449, s.1; 1990, c.113, s.4; 2003, c.231, s.1.