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Articles Tagged with New Jersey solid waste law

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On April 14, 2020, New Jersey Governor Murphy signed a food waste recycling bill (A2371)  aimed at requiring large producers of food waste in New Jersey to recycle their unused food.  This mandate is schedule to go into effect ondump-truck-1396587__340-300x215 approximately October 14, 2021.

The law applies to “large food waste generators” which are defined as “any commercial food wholesaler, distributor, industrial food processor, supermarket, resort, conference center, banquet hall, restaurant, educational or religious institution, military installation, prison, hospital, medical facility, or casino that produces at least 52 tons per year of food waste.”   Any large food waste generator that is located within 25 miles of a food recycling facility will be required to separate out food waste from other solid waste and send the food waste to the food recycling facility.  Alternatively, these generators can compost their food waste (or other authorized anaerobic or aerobic digestion) on-site, or use other recycling alternatives.

The New Jersey Department of Environmental Protection (known as the “DEP”) lists food waste recycling facilities to include Trenton Renewable Power, LLC (Trenton, NJ), and Waste Management Core (Elizabeth, NJ).  Therefore, a significant amount of generators in New Jersey will likely be considered to be within the 25 miles. Those outside the 25 miles range or with waste which is not accepted by the food recycling facility within their range may dispose of the waste as they normally would with other solid waste.

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eighteen-wheeler-614201__340The transportation and disposal of solid waste in New Jersey is a heavily regulated industry.  The statutory and regulatory framework of New Jersey sold waste law is complex.  Attorneys from our firm have significant experience counseling and representing solid waste companies in all aspects of their businesses.

This regulatory complexity starts at the beginning of a solid waste hauler’s lifecycle.  A business or person who wants to get into the business of hauling solid waste must make an A-901 application to the New Jersey Department of Environmental Protections, undergo a rigorous background investigation, and obtain a certificate of public convenience & necessity (CPCN).  The operation of the business is also governed by a complex regulatory scheme, including the registration of vehicles, the types of waste which can be handled, and what can be done with it.

And, of course, a solid waste hauler is a business just like any other business.  It will have the multitude of issues any business has.  It will have disputes with its customers.  It will have labor and employment problems.  Competitors will try to take its business.  The owners will have disputes between themselves.  It will need to collect delinquent bills.

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