New State Registration Required
On January 21, 2020 Governor Phil Murphy signed into law S-1683/A-4267 also known as the “Dirty Dirt Bill” expanding coverage of the New Jersey Department of Environmental Protection’s and the Division of Law’s A-901 program to include businesses that engage in or provide soil and fill services. The A-901 law is designed to prohibit the participation of people with known criminal records, habits and associations in the waste industry that would designate these people as deficient in reliability, expertise or competence.
Businesses engaged in soil and fill services are defined as: “services provided by persons engaging in the business of the collection, transportation, processing, brokering, storage, purchase, sale or disposition or any combination thereof of soil and fill recyclable materials.”
Soil and Fill Recyclable Materials are defined as: “non-putrescible aggregate substitute, including, but not limited to, broken or crushed brick, block, concrete, or other similar manufactured materials: soil or soil that may contain aggregate substitute or other debris or material, generated from land clearing, excavation, demolition, or redevelopment activities that would otherwise be managed as solid waste, and that may be returned to the economic mainstream in the form of raw materials for further processing or for use as fill material.”
There are several exceptions included in the law. The following are not included in the “soil and fill recyclable materials” definition above:
1) Class A recyclables (these include metal, glass, plastic containers, cans, paper and cardboard)
2) Source separated Class B recyclable materials shipped to an NJDEP approved Class B recycling facility (typically concrete, asphalt, brick, block, asphalt roofing, wood waste, tree parts and brush, scrap tires and source separated petroleum contaminated soil are some examples)
3) Beneficial use material that the generator has obtained prior approval from the NJDEP to transport to an approved and designated destination
4) Virgin quarry material (typically rock, stone, gravel, sand, clay and other mined products).
The NJDEP is advising that if you have doubt about whether or not your activity or site is subject to the registration requirement to register anyway and they will determine if your activity is subject to further registration and licensing.
For more information and a copy of the registration form see the following:
https://www.nj.gov/dep/dshw/a901/a901frms.htm
For a copy of the enacting legislation see: