A municipality that is a city of the second class, that is located in a county of the second class, that has a population greater than 65,000 and a population density exceeding 10,000 persons per square mile, according to the latest federal decennial census, and that is not authorized to adopt an ordinance pursuant to section 2 of P.L. 1987, c.21 (C.40:48C-1.2), may adopt an ordinance imposing the surcharge provided under section 3 of P.L. 2013, c. 284(C.40:48C-1.6) on any facility, or any portion of a facility, situated within its borders.
N.J.S. § 40:48C-1.5