ENVIRONMENT
Industry Warn of Overreach in “ Dirty Dirt ” Hauling License
Coalition awaiting clarity in regulation
By Larry Feld Contributing Editor , COMMERCE
Dirty Dirt sounds like a joke , but for New Jersey ’ s environmental industry , New Jersey ’ s Dirty Dirt law could be a business killer . Contaminated soil , aka dirty dirt , became an issue in the aftermath of Hurricane Sandy . Across New Jersey , criminal haulers made millions in profits reselling dirty dirt to construction sites as clean fill to unsuspecting customers . As a result , dirty dirt — containing everything from building debris to oil and toxic chemicals – began fouling waterways , ruining pristine neighborhoods , and endangering the health of thousands .
In response , New Jersey initiated efforts to irradicate crime interests from participating in the state ’ s solid waste and recycling industry .
A report released in March 2017 by the New Jersey State Commission of Investigation entitled “ Dirty Dirt : The Corrupt Recycling of Contaminated Soil and Debris ” confirmed what many had suspected : Unsavory operators , including convicted felons disguised as legitimate operators , found loopholes in the licensing process and profited substantially . They also created environmental harm by illegally dumping in what the SCI referred to as unregulated venues , causing serious environmental and public health threats .
In January 2020 , Gov . Phil Murphy signed into law NJ Senate Bill S1683 , known as “ Dirty Dirt ” legislation . The law requires companies currently engaged in , or otherwise providing soil and recycling services who do not currently hold a valid A901 license to obtain a Soil and Fill Recycling License . They must also register the company with the state .
According to the law , “ soil and fill recycling services ” 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 soils and fill recyclable materials . For law-abiding businesses currently serving the industry , the problem with the legislation begins with the broad description of who must be licensed . And , while everyone awaits regulations to be developed by the state Department of Environmental Protection , concerns mount .
“ The leading issue is the lack of clarity regarding the words key employee ,” notes Anthony Russo , president of Commerce and Industry Association of New Jersey , and organizer of an informal coalition of concerned business associations who will be negatively impacted by the licensing law . The coalition , comprised of The Utilities and Transportation Contractors Association , New Jersey Business and Industry Association , NJ Utilities Association , The NJ Builder ’ s Association , and the NJ Landscape Contractors Association , is hoping to limit the licensing to those who transport , recycle , and landfill soils .
“ Our goal is to educate regulators and legislators on the flaws in the law to eliminate unintended negative consequences that harm legitimate enterprises and cost taxpayers ,” Russo says .
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Licensing regulations are being enacted to prevent criminal haulers reselling dirty dirt .
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