USA – NEW JERSEY Trends and Developments Contributed by: Christina Sartorio Ku, Nicole Dory, Meredith Rubin and Camryn Goldstein, Connell Foley LLP
New Jersey environmental laws and regulations are constantly changing, often to be more restrictive and protective of the environment, especially with rising concerns about climate change impacts and emerg- ing contaminants. In the past year alone, New Jersey has proposed numerous new and amended regula- tions to address these concerns. These new laws are anticipated to take effect within the next year, which are anticipated to substantially affect development within the state, from environmental due diligence to site remediation and regulatory land use permitting. This Trends and Developments article will focus on three of the most significant proposed rule and regula- tion amendments, which are anticipated to take effect as soon as the first quarter of 2026. The first significant regulatory amendment is an update to the requirements and process for obtain- ing an “A-901” licence for the recycling of soil and fill. As described herein, these amendments signifi- cantly expand the requirements for the processing and recycling of soil and fill materials under applica- ble regulations. The amendments will also result in new obligations for individuals that seek to haul and sell recycled materials, which were not previously required by applicable laws. Next, a number of impor- tant amendments have been proposed to the rules and regulations addressing site remediation in New Jersey. These amendments threaten to change the way that land owners and prospective buyers con- duct environmental due diligence and how property owners and operators conduct and complete reme- diation on known contaminated properties. Finally, various changes to the regulations governing land use throughout the state, especially in environmen- tally sensitive areas such as wetlands, coastal zones, and flood hazard areas, have been proposed in a sweeping rule proposal known as the Resilient Envi- ronments and Landscapes rules. These proposed rules will broaden the scope of state-level permitting requirements by taking into account potential impacts of sea-level rise anticipated by climate change. A-901 – Implementation of Dirty Dirt Law In 2020, New Jersey adopted P.L 2019, c. 397, com- monly referred to as the “Dirty Dirt Law” to increase background checks and information requirements
associated with the acquisition of “A-901” solid waste licences for soil and fill recycling services, in an effort to mitigate risks from organised crime in the solid waste industry. Currently, companies which trans- port solid waste generated by others are required to obtain an A-901 licence. However, in January 2025, the New Jersey Department of Environmental Protec- tion (NJDEP) published proposed amendments to the Solid and Hazardous Waste Licensing and Revocation rules, (N.J.A.C. 7:26-16), the regulations governing the process to expand who must apply for and obtain such A-901 licences, which can already be a long and arduous process. Critically, the new proposed amendments broaden the definition of “soil and fill recycling services”. Instead of only applying to waste haulers, the new regula- tions would impact many other businesses that are involved in the sale, brokerage, and processing of recycled soil and fill. Many in the industry have criti- cized the proposed changes, suggesting that the new definitions are too broad. For example, under the new regulations, the definition of a “broker” would include any person who, for direct or indirect compensation, arranges agreements between the person’s custom- ers and a business for the provision of solid or haz- ardous waste services or the provision of soil and fill recycling services. Moreover, while the NJDEP has included a de minimis exception from these regulatory requirements, the level of soil determined to be de minimis (15 cubic yards) is extremely low, which sug- gests the exception is not applicable to businesses in the soil and fill recycling industry. The proposed amendments also introduce additional regulatory requirements and compliance burdens for businesses in the soil and fill recycling industry, includ- ing those already licensed under A-901. Businesses with A-901 licences will need to submit additional paperwork, maintain detailed records, and comply with new reporting requirements. New applicants will be forced to deal with a detailed application process and increased costs. For instance, one of the require- ments in this new licence application includes the identification of all “key employees”, which is defined to include any family member of an officer, director, partner, or key employee employed or engaged by the applicant. However, “family member” is defined
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