waiver before placing wood chips on his farm, located in
a wetlands area.
Under the Ocean Dumping Enforcement Act,
N.J.S.A. 58:10A-49, it is a third degree crime to
intentionally dump “material” into the ocean waters
within the jurisdiction of this State (within 3 miles from
the shore) or into waters outside the jurisdiction of this
State which enter ocean waters within the jurisdiction of
New Jersey.
The statute defines “material” to include dredge
material, garbage, sewage, chemicals, biological and
laboratory waste, and industrial and municipal waste.
No Discharge Zones, as provided in N.J.S.A.
58:10A-56 & 59, apply to discharge of sewage from a
watercraft into coastal waters.
USEPA, in response to DEP’s petitions, has
designated the Shark River, Manasquan River, and
Navesink River as “no discharge” areas. Violators are
subject to penalty provisions of the Water Pollution
Control Act, N.J.S.A. 58:10A-10, supra.
Under N.J.S.A. 58:10A-32, a person who violates
provisions of Underground Storage Tank Act (e.g.,
construction without a permit) is subject to the penalty
provisions of the Water Pollution Control Act, N.J.S.A.
58:10A-10, supra.
IV. THE AIR POLLUTION CONTROL ACT
The Air Pollution Control Act, N.J.S.A. 26:2c-1, et
seq., makes it a crime of the third degree to purposely or
knowingly violate any provision of the Act or any code,
rule, regulation or administrative order promulgated or
issued pursuant to the Act and a crime of the fourth
degree to do so recklessly. N.J.S.A. 26:2C-19f.
N.J.S.A. 26:2C-8 authorizes DEP to promulgate
rules and regulations preventing, controlling and
prohibiting air pollution throughout the State. See, e.g.,
N.J.A.C. 7:27-2.1, et seq. (controlling and prohibiting
open burning of rubbish, garbage, trade waste and plant
life); N.J.A.C. 7:27-3.1, et seq. (controlling and
prohibiting smoke emissions from the combustion of
fuel); N.J.A.C. 7:27-4.1, et seq. (controlling the emission of
particles from the combustion of fuel); N.J.A.C. 7:27-6.2
(controlling the emission of particles from manufactur-
ing processes); N.J.A.C. 7:27-7.2 (controlling the
emission of particles from sulfur compounds.
N.J.S.A. 26:2C-19e criminalizes knowing or reckless
failure to report a release which poses a potential threat to
public health, welfare or the environment or which
results in citizen complaints.V. COMPREHENSIVE REGULATED MEDICAL
WASTE ACT
Under the Comprehensive Regulated Medical Waste
Act, N.J.S.A. 13:1E-48.1, et seq., enacted in 1989, a
person must have New Jersey DEP or Department of
Health authorization to store, transport or dispose of
regulated medical waste. N.J.S.A. 13:1E-48.20g, h.The Act establishes a manifest system for regulated
medical waste similar to that used for hazardous waste.
N.J.S.A. 13:1E-48.20i.The purposeful or knowing unlawful storage or
disposal or improper treatment of regulated medical
waste is a crime of the third degree for which a defendant
can receive a fine of up to $50,000 for first offense, and
up to $100,000 for subsequent offenses, and/or a prison
sentence of between three to five years. If reckless or
negligent, it is a fourth degree crime.For the unlawful transportation of regulated medical
waste, either without DEP authorization or a regulated
medical waste manifest, a person is guilty of a fourth
degree crime, regardless of the intent of that person. For
this violation, a court can impose a custodial sentence of
up to 18 months and/or a $75,000 fine.Any person who purposely, knowingly or recklessly
generates and causes or permits regulated medical waste
to be transported to an unauthorized site in the State or
in an unauthorized manner is guilty of a crime of the
fourth degree.