March 12, 2020

New Jersey DEP Sets Registration Deadlines for Soil, Fill Recycling Businesses

On January 21, 2020, Governor Murphy signed S-1683/A-4267 (known as the “Dirty Dirt Bill”), which expands the New Jersey Department of Environmental Protection’s (“NJDEP”) oversight of businesses that engage in or provide “soil and fill recycling services.”

Under the new law, any business that does not hold a valid, permanent Soil and Fill Recycling License and is currently engaged in soil and fill recycling services must first register with the NJDEP on or before April 20, 2020. Submitting the completed registration form on or before the April 20, 2020 deadline secures your businesses’ ability to continue soil and fill recycling services past July 20, 2020. Following registration, all registered business concerns must file an administratively complete application for a Soil and Fill Recycling License with the Attorney General’s Office on or before October 19, 2020. Applications will go through an “A-901” program review.

The new law applies to any business concern that actively engages in or otherwise provides “soil and fill recycling services.”

“Soil and fill recycling services” means 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 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.

Specifically excluded from the definition of “soil and fill recyclable materials” are: (1) Source separated Class A source separated recyclable material; (2) Source separated Class B recyclable material shipped to a NJDEP approved Class B recycling center for receipt, storage, processing, or transfer; (3) Beneficial use material for which the generator has obtained prior approval from the DEP to transport to an approved and designated destination; (4) Virgin quarry products including, but not limited to, rock, stone, gravel, sand, clay, and other mined products.

Businesses that do not timely register with and/or fail to submit the disclosure application or are ultimately denied a Soil and Fill Recycling License, will be precluded by NJDEP from further engaging in the business of soil and fill recycling services.

If you need assistance with the registration/application process or have questions about whether your business is subject to these requirements, please contact Robert S. Baranowski at 856.355.2955 or baranowski@hylandlevin.com.

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