On May 28, ABC-NJ met with New Jersey Department of Environmental Protection (DEP) Commissioner Shawn LaTourette to discuss the Departments’s proposed A-901 regulations implementing the “Dirty Dirt” Law. The proposed regulations would expand licensing requirements to include businesses involved in soil and fill recycling, requiring registration and comprehensive disclosure filings.
During the meeting, ABC-NJ raised several concerns, including overly broad definitions of terms like “broker” and “consultant,” which could unnecessarily trigger licensing requirements for thousands of businesses. We also flagged the proposed De Minimis Threshold- 15 cubic yards per day for transportation and 100 cubic yards for on-site storage–as too low to reflect typical industry operations. ABC-NJ recommended raising, both thresholds to 200 cubic yards to better align with real-world practices.
Commissioner LaTourette acknowledged the concerns and assured ABC-NJ that DEP intends to maintain the current approach to handling contaminated soil. He also committed to working with stakeholders to provide education and outreach once the regulations are finalized, anticipated in early fall. ABC-NJ will continue to engage with DEP and advocate for a practical and fair implementation of the rule.
