N.J. Will Seek Lapsed Charges In Restoring Hazmat Hauling Fee
New Jersey wants to resume collection of a hazardous waste hauler fee that was struck down and then reinstated by separate court decisions.
At stake is more than $1.2 million that hazardous waste transporters paid annually to New Jersey. ATA contends the charge violates the Constitution’s Commerce Clause by discriminating against interstate carriers, whose per-mile fee cost is generally greater than the cost engendered by in-state carriers.
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Unless a legal challenge by American Trucking Associations is successful in blocking it, the state also plans to reap the two years of back fees it missed while the case was pending.
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The legal challenge began in 1992 when ATA filed a lawsuit to stop the state’s Department of Environmental Protection from collecting the registration fee.
