NJDEP Dirty Dirt Rules Proposed Today (Five Years After Law Passed)
Today, January 21, 2025, the New Jersey Department of Environmental Protection (“NJDEP”) published the long-anticipated proposed rules implementing New Jersey’s P.L 2019, c. 397, commonly referred to as the “Dirty Dirt Law.” NJDEP states that these proposed rules also amend the existing Solid and Hazardous Waste Licensing and Revocation Rules (“A-901 Rules”), N.J.A.C. 7:26-16, Solid Waste Rules, N.J.A.C. 7:26, and Recycling Rules, N.J.A.C. 7:26A for consistency with the Dirty Dirt Law requirements. Comments on the proposed rules are due March 22, 2025.
As a quick refresher, New Jersey’s A-901 Rules impose stringent licensing requirements on persons and businesses engaged in solid and hazardous waste services. The Dirty Dirt Law was adopted in 2020 to expand the A-901 licensing program to persons or businesses engaged in soil and fill recycling services, raising significant liability concerns for those involved with remediating and redeveloping properties especially those requiring large amounts of fill. Our colleague, Inga Caldwell, previously wrote about the Dirty Dirt Law here: Governor Signs Bill Extending A-901 Licensing Deadline for Dirty Dirt Law | Cole Schotz
NJDEP’s proposed rules add to and restructure an already complex waste and recycling regulatory scheme with major implications for site remediation properties. Keep a watch out for a more detailed analysis from us on the new proposed rules and their potential impacts on the New Jersey commercial real estate industry.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.
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