Requires owners and operators of certain landfills to control and monitor landfill gas emissions.

A1869

ASSEMBLY, No. 1869

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Requires owners and operators of certain landfills to
control and monitor landfill gas emissions.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.