Bill Calls for Further Regulation of New Jersey Class B Recycling Services
New Jersey lawmakers are considering legislation that would subject businesses engaging in soil and debris recycling services to the same regulation and oversight that applies to the solid waste industry.
The bill, Senate Bill Number 2306, would also expand the definition of “key employees” that must submit to background checks to include sales persons, consultants, and brokers.
A-901 Licensing
Pursuant to N.J.S.A., any business that collects, transports or disposes of solid or hazardous waste in New Jersey must obtain and maintain an A-901 license, which requires detailed disclosures by the business and key employees during the application process. Owners, managers, officers and other “key employees” must submit to a fingerprint check, and undergo a background investigation. The primary goal of the A-901 licensing program is to keep organized crime and other criminal elements out of the state’s solid waste industry.
Senate Bill Number 2306 amends the existing law to expand the requirement for background checks to a broader range of persons involved in the solid waste industry. As amended, the definition of “key employee” would include “any family member of an officer, director, partner, or key employee, employed by the applicant or permittee; or any broker, consultant or sales person employed by, or who do business with, the applicant, permittee, or licensee, with respect to the solid waste, hazardous waste, or recycling operations of the business concern.”
Licensing Requirements for Soil and Debris Recycling Facilities
Senate Bill Number 2306 also purports to address the lack of licensing requirements and regulatory standards for individuals and entities engaged in most forms of recycling. As initially drafted, the legislation would have subjected the entire recycling industry to the same regulation and oversight as the solid waste industry. However, it was most recently amended to include only individuals or business concerns who engage in soil and debris recycling services.
Pursuant to the bill, soil and debris recycling services include the recycling of: (1) source-separated, non-putrescible, waste material resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures; (2) source-separated, non-putrescible waste concrete, asphalt, brick, block, asphalt-based roofing, scrap wood, and wood waste; and (3) soil.
The proposed legislation would prohibit the issuance of an A-901 license to persons debarred from operating in other states. It would also ban individuals otherwise deemed unsuitable for the solid waste or recycling industries, convicted felons, and others of questionable character from holding an indirect, non-licensed stake in a solid waste or recycling business.
Expanded Information Sharing
The bill would consolidate A-901 responsibilities within the Office of the Attorney General. Currently, the Department of Environmental Protection and the Office of the Attorney General share the regulatory burden. It would also require the Department of Environmental Protection, the Department of the Treasury, and the Attorney General to take steps to establish a records management system that will make it more efficient to collect, store, and share information on the solid waste and recycling industries, as well as their current and prospective license and permit holders. The bill would require the Attorney General to establish a reciprocal information exchange system with the State of New York and other states in the region to facilitate information sharing on the solid waste and recycling industries.
Finally, the bill would require the Department of Treasury to establish a centralized list in of individuals and corporate entities who have been debarred by various State agencies from participation in a number of regulated industries apart from solid waste and recycling, such as construction, the casino gaming industry, and transportation. As noted in the statement accompanying the bill, this requirement will “ensure that the status of persons and businesses deemed unfit to work under one agency’s purview is made known to all other appropriate agencies.”
We encourage readers to stay tuned for updates regarding S2306, and to contact experienced counsel to determine how the new requirements of this proposed bill may impact your business. If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Company Dissolved? Legal and Financial Consequences to Expect
A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
The Legal Implications of Signing a Triple Net Lease
A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
When to Settle and When to Fight: A Litigator's Framework
Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Types of Business Law Services Companies Actually Use
Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
