Bill Text: NJ A4163 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires owners and operators of certain landfills to control and monitor landfill gas emissions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-06-02 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4163 Detail]
Download: New_Jersey-2022-A4163-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires owners and operators of certain landfills to control and monitor landfill gas emissions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning landfill gas emissions and supplementing P.L.1970, c.39 (C.13:1E-1 et seq.)
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any rule or regulation adopted by the department to the contrary, an owner or operator of a sanitary landfill facility that is authorized to accept solid waste for final disposal on the effective date of this section or that is closed with or without the approval of the department on or after the effective date of this section, shall:
(1) obtain a permit pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.);
(2) install and operate a landfill gas collection and control system, which conforms to any applicable rules and regulations adopted by the department, and, if installed or modified on or after the effective date of this section, meets the standards of subsection b. of this section;
(3) conduct quarterly surface monitoring of the facility's surface for methane levels, using procedures prescribed by the department pursuant to subsection c. of this section;
(4) ensure that methane emissions from the facility do not exceed 500 parts per million by volume at any single location at the facility, or 25 parts per million by volume on average over the entire area of the facility;
(5) submit to the department each year an estimate of the amount of methane generated by the facility each year; and
(6) keep records and make reports to the department as necessary to comply with the requirements of this section.
b. Notwithstanding the provisions of any rule or regulation adopted by the department to the contrary, a landfill gas collection and control system installed, or modified as described in subsection c. of this section, on or after the effective date of this section shall conform to the following minimum standards:
(1) the system shall route all collected gas to a gas control device, and shall be operated continuously;
(2) the system shall be designed and operated so as to minimize the migration of subsurface gases;
(3) the system shall be capable of temporary operation without venting gases to the atmosphere in the event that the flare or other outlet for the gases is inoperative;
(4) the gas extraction components of the system shall be constructed of polyvinyl chloride, high density polyethylene, fiberglass, stainless steel, or other nonporous corrosion resistant material of suitable dimensions to convey the projected amounts of gases, and of suitable strength to withstand installation, static, and settlement forces; and
(5) any flare or energy recovery device used as an outlet for the system shall achieve a methane destruction efficiency of at least 99 percent in addition to conforming with the requirements of the facility's permit issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.).
c. If an owner or operator of a sanitary landfill facility covered under this section undertakes a modification of the facility's landfill gas collection and control system, such that the system requires the owner or operator to obtain a new or amended air pollution permit issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.), the department shall require, as a condition of the permit or permit renewal, that the landfill gas collection and control system, at minimum, meets the standards of subsection b. of this section.
d. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act. The rules and regulations shall include procedures for owners and operators of sanitary landfill facilities to monitor the surface-level methane emissions at the facility, in order to facilitate compliance with the provisions of subsection a. of this section.
e. A violation of the provisions of this section or any rule and regulation adopted pursuant thereto shall be considered a violation of P.L.1970, c.39 (C.13:1E-1 et seq.) and shall be subject to the same penalties and enforcement measures provided in section 9 of P.L.1970, c.39 (C.13:1E-9).
f. Nothing in this section shall be construed to limit the authority of the department to impose more stringent or additional requirements on the owners or operators of sanitary landfill facilities pursuant to any other State or federal law.
2. This act shall take effect 24 months after the date of enactment, but the Department of Environmental Protection may take such anticipatory action in advance of that date as may be necessary for the timely implementation of this act upon its effective date, including the adoption of rules and regulations.
STATEMENT
This bill would impose methane emissions control and monitoring requirements on the owners or operators of certain sanitary landfill facilities. The requirements would go into effect 24 months after the bill's enactment into law.
Specifically, the bill would require any owner or operator of an authorized to accept solid waste for final disposal sanitary landfill facility or a sanitary landfill facility that closes after effective date of the bill, to:
(1) obtain from the Department of Environmental Protection (DEP) a permit pursuant to the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.);
(2) install and operate a landfill gas collection and control system;
(3) conduct quarterly surface monitoring of the facility's surface for methane levels;
(4) ensure that methane emissions from the facility do not exceed certain limits described in subsection a. of section 1 of the bill;
(5) submit to the DEP each year an estimate of the amount of methane generated by the facility each year; and
(6) keep records and make reports to the DEP as necessary to comply with the bill's provisions.
A landfill gas collection and control system collects landfill gas (which is composed primarily of methane and carbon dioxide) through pipes or wells buried in the landfill, processes the gas to remove impurities, and either converts the gas into usable fuel or combusts the gas using a flare. The bill contains certain minimum standards for landfill gas collection and control systems that are installed or modified after the bill's effective date, as enumerated in subsection b. of section 1 of the bill.
Any violation of the bill's provisions would be a considered a violation of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.). A person who violates the "Solid Waste Management Act" could be liable for civil penalties and civil administrative penalties up to $50,000 per day of the offense.
