After years of delay, Legislature unanimously passes a bill requiring soil and fill recyclers to register for licenses, adds more background checks for employees
Tom Johnson reports for NJ Spotlight:
It took nearly a decade, but a long battle to close loopholes to keep criminal elements out of the recycling industry has finally been passed by the Legislature.
The legislation (A-4267) was drafted in the wake of a 2011 report from the State Commission on Investigation, which indicated that widespread dumping of contaminated debris and toxic-tainted soil across New Jersey had been standard practice for years.
The bill, which kicked around in the Legislature for years, would expand the number of people in the sector who would have to submit more stringent background checks if they wanted to participate in an industry that dumps soil and recycling materials in New Jersey.
The Assembly passed the bill, sending it to the governor in a near-unanimous vote (75-0-1) that belied its past history. There was no debate on the bill.
Driving out bad actors
In the past, the measure had been held up over concerns from the state Department of Environmental Protection and the recycling sector about expanding the scope of a tough licensing law designed to drive the mob and criminal elements out of the solid- and hazardous-waste industries.
The original SCI report, amplified by other studies, documented schemes in which contaminated fill and construction debris were dumped as clean fill. In one case, a so-called dirt broker dumped tons of contaminated soil and debris in Old Bridge, polluting portions of Raritan Bay.
“These unscrupulous dirt brokers are dumping contaminated soil all over the environment,’’ said Jeff Tittel, director of the New Jersey Sierra Club.
The illicit dumping has continued to recent days, according to advocates.
In Vernon, a property owner created an illegal dump in his backyard that resulted in a 75-foot pile of toxic debris. In October, a judge ordered the property owner’s assets and bank accounts be frozen to pay for the cleanup.
“There are bad actors contaminating our environment with debris containing cancer-causing agents and they are able to do so by passing off themselves as recyclers who are not currently subject to the same oversight,’’ said Assemblyman Hal Wirths (R-Sussex), a sponsor. “They are literally doing dirty work and we’ve got to clean things up.’’
Assemblyman John McKeon, a Democrat from Essex County and another sponsor, agreed. “Solid waste operators out of New York are showing up in our state because they know they can get away with almost anything and their continued illegal activity poses an incredible threat to our residents,’’ he said.
Under the bill, soil- and fill-recycling businesses have 90 days from date of enactment to apply to the DEP for a temporary registration. They must apply for a license for soil and fill within 270 days. It also requires more background checks for more employees in the solid-waste industry.
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