13. a. The department shall establish application and license fees, annual fees, and any other fees the department determines necessary to defray the costs of administration, for any license or soil and fill recycling license issued pursuant to P.L.1983, c.392 (C. 13:1E-126 et seq.), or the soil and fill recycling registration issued pursuant to section 1 of P.L.2019, c.397 (C. 13:1E-127.1). The fees shall be used to pay costs related to consideration of license and soil and fill recycling license applications, investigations, monitoring, enforcement, and related activities, and to reimburse any State agency for expenses incurred by the agency in the performance of pre-licensing investigations, post-licensing compliance monitoring, or any other related activities consistent with the provisions of P.L.1983, c.392 (C. 13:1E-126 et seq.). Annual fees shall be assessed on licensees and the holders of soil and fill recycling licenses based on a percentage their gross operating revenue from intrastate operations during the preceding calendar year. Fees collected under this section shall be deposited into a special account, to be administered by the department, and shall be used only for the costs associated with administering the provisions of P.L.1983, c.392 (C. 13:1E-126 et seq.).

b. The department shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.) and no later than one year after the effective date of P.L.2022, c.64 (C. 13:1E-127.1 et al.), adopt rules and regulations to effectuate monitoring and enforcement of P.L.1983, c.392 (C. 13:1E-126 et seq.) and P.L.2019, c.397 (C. 13:1E-127.1 et al.).

c. The department shall prepare and submit, pursuant to section 2 of P.L.1991, c.164 (C. 52:14-19.1), to the Legislature an annual report on the establishment and implementation of the fee schedule adopted pursuant to this section.

L.2019, c.397, s.13; amended 2022, c.64, s.2.