New Jersey DEP’s Waste Licensing Requirements May Have Expanded to Contractors and Landscapers
New Jersey’s Department of Environmental Protection (“NJDEP”) regulates the transportation of waste in New Jersey. This involves a significant licensing process including an A-901 application (including Personal History Disclosure Statements for all owners, officers and key employees and a Business Disclosure Statement, as well as second-level application documents for parent or related companies).
That regulation is now being extended to companies which transport soil and fill. This may have a significant impact on contractors and landscapers who were not previously required to obtain licensing with the DEP. Indeed, Governor Murphy signed bill A-4267 into law on January 21, 2020. This law expands the NJDEP’s regulatory powers to those companies which provide soil and fill recycling services. Any business which transports, collects, processes, sells, stores, or disposes of soil and/or fill recyclable materials must be licensed with and approved by the NJDEP.
The law defines “soil and fill recyclable materials” as: