Soil and Fill Recycling Registration Notification

To NJ Recycling Facility:

As you may be aware, on January 21, 2020, Governor Murphy signed P.L. 2019, c.397, into law. The New Jersey Department of Environmental Protection (NJDEP) is tasked with implementing P.L. 2019, c.397 (Dirty Dirt Law) which requires businesses engaged in, or intending to engage in, soil and fill recycling services, to register with the NJDEP by July 14, 2022.

Any business engaging in soil and fill recycling services after July 14, 2022, that has not registered with NJDEP, must cease to engage in soil and fill recycling services. Failure to submit registration by July 14, 2022 may subject a business to enforcement action.

The soil and fill recycling registration form (forms):

• May be found online at soil_fill_registration_form.pdf (nj.gov), and
• Must be submitted to Roxanne Feasel, Permit Coordinator, Bureau of Solid Waste Planning & Licensing, A-901 unit, by July 14, 2022, via email to soilandfill@dep.nj.gov.

A Compliance Advisory published by NJDEP, dated March 16, 2022, and found at https://www.nj.gov/dep/enforcement/advisories/2022-04.pdf includes information about the registration requirements of entities engaged in soil and fill recycling pursuant to the Dirty Dirt Law. These include a newly developed Annual Certification Program (see below). Additionally, NJDEP's updated FAQ document for entities engaged in soil and fill recycling services can be found by visiting https://www.nj.gov/dep/dshw/a901/soil_fill_dirty_dirt_faq.pdf?2022

For your information, soil and fill recycling services, as defined in the Dirty Dirt Law means the services provided by persons engaging in the business of the collection, transportation, processing, brokering, storage, purchase, sale or disposition, or any combination thereof, of soil and fill recyclable materials. Soil and fill recycling services shall not include the operation of a solar electric power generation facility at a properly closed sanitary landfill where soil and fill materials have been previously deposited for permanent disposal.

Additionally, soil and fill recyclable materials means non-putrescible aggregate substitute, including, but not limited to, broken or crushed brick, block, concrete, or other similar manufactured materials; soil or soil that may contain aggregate substitute or other debris or material, generated from land clearing, excavation, demolition, or redevelopment activities that would otherwise be managed as solid waste, and that may be returned to the economic mainstream in the form of raw materials for further processing or for use as fill material. Soil and fill recyclable materials shall not include: (1) Class A recyclable material, as defined by regulation adopted pursuant to section 4 of P.L.1989, c.268 (C.13:1E-99.43); (2) Class B recyclable material (note: soils are not considered a Class B recyclable material unless they are specifically listed in a Class B Recycling Approval as a "petroleum contaminated soil") as defined by regulation adopted pursuant to section 4 of P.L.1989, c.268 (C.13:1E-99.43), that is shipped to a Class B recycling center approved by the department for receipt, storage, processing, or transfer in accordance with subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34); (3) beneficial use material for which the generator has obtained prior approval from the department to transport to an approved and designated destination pursuant to regulations adopted pursuant to subsection a. of section 6 of P.L.1970, c.39 (C.13:1E-6); and (4) virgin quarry products including, but not limited to, rock, stone, gravel, sand, clay and other mined products.

As mentioned above, and to reduce unnecessary regulatory burden while ensuring appropriate oversight, the NJDEP has developed an annual Certification Program for businesses that exclusively handle Non-Restricted Soil and Fill Recyclable Materials. Non-Restricted Soil and Fill Recyclable Materials means non-putrescible, non-water soluble, non-decomposable, inert aggregate substitute, including rock, soil, broken or crushed brick, block, concrete, glass and/or clay or ceramic products, or any combination thereof, generated from land clearing, excavation, demolition, or redevelopment activities that are excluded from the definition of solid waste under the Solid Waste rules at N.J.A.C. 7:26-1.6(a)6. Businesses can validly complete this annual certification process and can certify the material they handle does not contain concentrations of contaminants that exceed the Residential Ingestion-Dermal pathway or Residential Inhalation pathway remediation standards (set forth in N.J.A.C. 7:26D), whichever is most stringent, and that the material therefore qualifies as Non-Restricted Soil and Fill Recyclable Material are still required to register but are not required to apply for an A-901 license. Information regarding this Certification Program can be found in the March 16, 2022 Compliance Advisory (link provided above).

If a registration form has already been submitted on behalf of your business, or you have determined you are not subject to this requirement, please disregard this message.

Thank you for your attention to this matter.