■ Environment
Continued From Page 12
“ A901 licensing is essentially the solid waste equivalent of a gaming license ,” notes Tracy Straka , Executive Vice President of Creamer Environmental , Inc ., an environmental remediation firm headquartered in Fairfield . The A901 license is an arduously-earned license originally intended for haulers and processors of solid and hazardous waste . The effort can take up to two years to complete and cost a minimum of $ 1,500 per licensed employee .
Straka explains “ It involves in-depth background checks , including looking at your family ’ s history ; the State Police get involved . And the NJDEP ’ s current definition takes this check down to the employee level , so even if you are a mid-level manager or a salesperson with no ownership or executive-level status , you have to go through this background check . It is a huge burden . There is also a lot of redundancy about who needs this license . As a contractor on a project , if I am hiring an A901-licensed subcontractor to perform trucking , I will also have to get a license just to hire that company ,” Straka says .
She notes that the strict rules may mean that a good employee with a family member that has a record could jeopardize the entire company ’ s ability to comply . “ What am I to do , fire a good employee because they have relatives with legal problems ?”
Timing is also an issue . While S1683 became law in 2020 , the clock began after the Governor
lifted the public health emergency in June of 2021 . Soil registrations were then due by October 2021 , with A901 licensing applications due April 2022 . After voicing many concerns , in July 2022 the governor signed legislation changing the application deadline to 30 days after regulations are published . This action also gave the DEP time to complete regulations . While everyone waits , unintended consequences in the law have surfaced .
“... New Jersey initiated efforts to irradicate crime interests from participating in the state ’ s solid waste and recycling industry .”
“ We have a member company that is an Employee Stock Ownership Plan , or ESOPowned business operating as an LSRP and consultant , but not a hauler or recycler ,” Russo explains . “ As it stands , the new law will require all of their employees subject to background checks in order for their firm to be licensed . The firm would be endlessly seeking compliance — even though many ESOP members only hold fractional , non-controlling ownership .
It makes it impossible for them to compete ,” Russo notes .
The coalition would also like to clarify if non-technical people , such as managers and salespeople , might ( under the new law ) need to be licensed . In addition , there is great concern as to whether consultants , engineers , and LSRPs ( Licensed Site Remediation Professionals ) might need to take samples of materials delivered and hauled to and from a customer ’ s site . With as many as six different consulting experts on any given site , it would potentially create massive unneeded duplication and cost .
Creamer Envrionmental ’ s Tracy Straka offers a practical alternative . “ Our ask is twofold . First , since companies already had to register , we say , let this registration stand . This way , the DEP knows who is in the business . Exempt the folks that don ’ t own the trucks and don ’ t own the facilities from full A901 licensing . Instead , make us submit an annual report of the jobs we oversee requiring NJDEP review . This report can be matched to the reporting that the firms actually moving the dirt must submit ,” she offers .
Russo agrees . “ The state should absolutely be focused on licensing haulers , landfill operators , and recyclers . But others , including consultants , LSRPs , and engineers , as well as your local landscaper , should be able to have a pass as long as they do the reporting and have paperwork from a licensed hauler ,” he concludes .
Dirty Dirt Removal
Photo : Getty Images / iStockphoto / eCanette
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