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.
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now
Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses
When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
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!
