Bill Text: NJ A2102 | 2024-2025 | Regular Session | Introduced
Bill Title: Exempts community gardens operating on-site composting systems or other systems of managing organic waste from certain DEP permits under certain conditions.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed) 2024-12-19 - Passed by the Assembly (73-0-0) [A2102 Detail]
Download: New_Jersey-2024-A2102-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman JAMES J. KENNEDY
District 22 (Somerset and Union)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
Exempts community gardens operating on-site composting systems or other systems of managing organic waste from certain DEP permits under certain conditions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning permits for certain community gardens and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, or regulation to the contrary, a community garden that operates an on-site composting system, or other on-site system of managing organic waste in accordance with the Department of Environmental Protection's standards for recycling, shall not be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), or the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), or any rules or regulations adopted pursuant thereto, for the operation of the on-site composting system provided that:
(1) the system accepts no more than 200 gallons per week of source separated food waste, except that a community garden located on property that is 5,000 square feet or larger in size may accept source separated food waste in an amount equal to 200 gallons per week per 5,000 square feet of property; and
(2) all compost generated from the system is used on-site exclusively for the community garden, except that such compost may be given away or offered for sale in accordance with the requirements of the Department of Environmental Protection providing for the disposition of processed Class C recyclable materials.
b. As used in this section:
"Community garden" means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.
"Food waste" means the same as the term is defined in section 1 of P.L.2020, c.24 (C.13:1E-99.122).
"Source separated" means the same as the term is defined in section 1 of P.L.2020, c.24 (C.13:1E-99.122).
2. This act shall take effect immediately.
STATEMENT
This bill would exempt a community garden that operates an on-site composting system, or other on-site system of managing organic waste in accordance with the Department of Environmental Protection's (DEP) standards for recycling, from any permits required by the DEP pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), or the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), or any rules or regulations adopted pursuant thereto.
To be eligible for the exemption provided by the bill: (1) the system may not accept more than 200 gallons per week of source separated food waste, except that a community garden located on property that is 5,000 square feet or larger in size may accept source separated food waste in an amount equal to 200 gallons per week per 5,000 square feet of property; and (2) the compost generated from the system is to be used on-site for the community garden or be given away or offered for sale in accordance with the requirements of the DEP providing for the disposition of processed Class C recyclable materials.
As defined in the bill, "community garden" means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.
