N.J. Gets Hazwaste Fee Back

A New Jersey court handed down a surprising decision that reinstates a previously abolished hazardous waste transporter fee — at least for now.

The Appellate Division of the state Supreme Court refused to hear an appeal of a lower court’s ruling on a lawsuit involving the state and American Trucking Associations — but it allowed the state to begin collecting the fee in dispute again.

In a move that surprised both sides of the issue, the appellate court ruled the case should be decided by the federal Department of Transportation.

The dispute arose in October 1992, when ATA filed a lawsuit to stop New Jersey from collecting its registration fee for hazardous waste transporters. ATA’s basic argument was that the flat fee violated the Constitution’s Commerce Clause because it discriminated against interstate carriers.

Interstate carriers could end up paying 50 such fees if they were imposed by all states and they were not apportioned, the trucking association argued, while intrastate truckers would only get charged once.

ATA used a similar argument to win a landmark ruling before the U.S. Supreme Court in 1987, when the justices struck down a flat road tax in Pennsylvania.

In March 1998, a New Jersey Tax Court sided with ATA and ordered the state to stop collecting the fee.

For the full story, see the July 12 print edition of Transport Topics. Subscribe today.