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Time to Dish the Dirt Part 2: Potential Changes to NJ's Soil and Fill Recycling Industry on the Horizon
January 10, 2020
Time to Dish the Dirt Part 2: Potential Changes to NJ's Soil and Fill Recycling Industry on the Horizon

Late last year, the New Jersey Department of Environmental Protection (DEP) launched the “Guard Your Backyard” campaign, aimed at giving municipalities more control over the fill material imported into communities in an effort to reduce contamination. This year, Senate bill S-1683 (A-4267), is poised to expand on this effort by aiming to overhaul rules applicable to the soil and fill recycling industry.

If signed into law, S-1683 would extend many compliance requirements already in place for the solid waste industry to the world of soil and fill recycling. The bill proposes requiring background checks for sales persons, consultants, and brokers of soil and fill material, and prohibits those who have been debarred in other states from engaging in soil and fill recycling in New Jersey.

The bill would also prohibit businesses from providing soil and fill recycling services without the appropriate registration, license, or prior approval issued by the DEP. Within 90 days of the bill’s passage, all soil and fill recycling businesses not already licensed within the state are required to register as such with the DEP, after which the DEP will issue a temporary soil and fill recycling registration. Within 270 days of the bill’s passage, businesses are required to submit an application to the New Jersey Attorney General for a soil and fill recycling license. The temporary registration allows a business to continue providing soil and fill recycling services while its license application is reviewed, and the temporary registration terminates upon approval. Should the business fail to submit a license application within the specified time frame, or its application be denied, the temporary registration will also terminate. S-1683 would also permit the DEP, local board of health, and a county health department to enter the property to inspect the facility and take samples of fill material.

If you have questions about how this bill could impact your business, our Environmental Department is available to assist you.

The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. You should consult a lawyer concerning your specific situation and any specific legal question you may have.

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