The Architectural Paint Stewardship Act establishes a statewide program in New Jersey that requires producers of architectural paint to implement or participate in a stewardship plan aimed at providing environmentally sound disposal methods for post-consumer paint. This initiative addresses the challenges local governments and residents face in disposing of leftover paint by shifting the responsibility to paint producers. The program will focus on minimizing public sector involvement and costs while promoting practices such as source reduction, recycling, and energy recovery. Producers must submit a detailed plan to the Department of Environmental Protection (DEP) within one year of the act's enactment, which includes convenient collection sites, educational outreach, and a budget certified by an independent auditor.
The bill also outlines compliance measures and penalties for non-compliance, including escalating fines for producers, distributors, or retailers who do not adhere to the program's requirements. Initial violations will receive a warning, while subsequent offenses will incur a $500 fine, with the DEP authorized to impose civil administrative penalties up to $10,000 per year. Additionally, the bill provides antitrust liability protections for participating producers and organizations, except in cases of price-setting agreements or restrictions on production and sales. The provisions of the bill, including penalties and sales prohibitions, will take effect 18 months after enactment to allow for the necessary planning and approval processes.