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The hazardous waste transporter registration fee mechanism in N.J.S.A. 13:1E-18, as implemented by N.J.A.C. 7:26G-3.3(g) and applied to plaintiffs and others similarly situated, violates the Commerce Clause standards; based on the record developed, the transporter fee mechanism discriminates by charging a flat fee unrelated to a transporter's level of activity in the state, and it places an undue burden on interstate commerce.
July 26, 2004 at 12:00 AM
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