On April 28, 2015, the New Jersey Department of Environmental Protection (“NJDEP”) announced that it is stepping up efforts to collect overdue fees from facilities regulated under the Solid Waste Management Act, N.J.S.A. 13:1E-1, et seq., and the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1, et seq. Facilities that may be subject to NJDEP’s efforts include solid waste utilities, sanitary landfills, transfer stations and material recovery facilities, thermal destruction facilities, composting facilities, and recycling centers.

NJDEP plans to issue Notices of Violation (“NOV”) to facilities with fees that are outstanding by more than ninety (90) days. The NOV will serve as a final opportunity to pay overdue fees before NJDEP takes formal enforcement action. NJDEP will issue an Administrative Order and Notice of Civil Administration (“AONCA”) to any facility that fails to comply with an NOV. The AONCA will order the facility to pay the overdue fee and will assess a penalty. If the fee and penalty are not paid, NJDEP may increase the penalty by 1% for each day the payment is past due.