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New Jersey Proposes “Dirty Dirt” Regulations
On January 21, 2025, the New Jersey Department of Environmental Protection (NJDEP) published rulemaking amending its Solid and Hazardous Waste Licensing and Revocation rules to incorporate program amendments required by New Jersey’s “Dirty Dirt” Law, N.J.S.A.13:1E-126 et seq. (the “Dirty Dirt Rules”).
The Dirty Dirt Law, enacted in January 2020, was aimed at curbing illegal dumping by seeking to regulate soil and fill materials intended for recycling. It defined “soil and fill recyclable materials” to include soil that may contain debris generated by construction, demolition, or redevelopment activities that would otherwise be considered solid waste, but that “may be returned to the economic mainstream” through processing or use as a fill material. N.J.S.A. 13:1E-127. Any person engaged in or seeking to engage in providing soil and fill recycling services, who was not already an A-901 licensee, was required to have registered with NJDEP, or certify that the materials they are handling qualify as non-restricted soil and fill recyclable materials, by July 14, 2022.
The newly-promulgated Dirty Dirt Rules largely propose amendments to the Solid Waste Rules (N.J.A.C. 7:26), and the Recycling Rules (N.J.A.C. 7:26A) to incorporate changes required by the Dirty Dirt Law. The proposed rules also update key definitions applicable to soil and fill recycling programs to clarify several points of confusion created by the Dirty Dirt Law and related NJDEP guidance. Of note, the Dirty Dirt Rules amend the existing regulatory definition of “broker” to include a list of activities indicative of someone who is acting as a broker of soil and fill recycling services, such as persons soliciting or recruiting businesses engaged in soil and fill recycling services for a customer in need of such service, or persons representing or facilitating transactions between soil and fill recyclers and customers in need of such service in a non-legal capacity. Likewise, the Dirty Dirt Rules include a definition of “consultant” as a person who is retained to give specialized advice regarding soil and fill recycling, which definition exempts any person required to hold a professional license that is giving said advice within the scope of their existing license. The Dirty Dirt Rule also would exempt LSRPs and Certified Subsurface Evaluators from the requirements to obtain an A-901 license.
In addition, the proposed rules undertake large scale recodification of A-901 licensing and related solid and hazardous waste rules (previously codified at N.J.A.C. 7:26-16) under new Chapter 7:26N. The proposed new chapter not only includes existing language under Chapter 7:26, and the amendments required by the Dirty Dirt Law, but also contain more sweeping changes addressing items such as what parties are subject to disclosure statement requirements, enhanced annual update requirements, and exemptions applicable to institutional investors. Chapter 7:26N also contains its own civil penalty provisions consistent with the penalty provisions of the Dirty Dirt Law. Note that newly proposed Chapter 7:26N is not a wholesale replication of existing regulations, and accordingly persons subject to the A-901 licensing program should carefully review the Dirty Dirt Rules for potential impacts to their operations.
Comments on the Dirty Dirt Rules are open through April 21, 2025. If you would like to submit comments on the proposed rules or if you have questions regarding the potential impact of the Dirty Dirt Rules on your operations, please contact Michael Dillon, Jonathan Spergel, or Natalia Teekah.
