[First Reprint] SENATE, No. 1040 STATE OF NEW JERSEY 221st LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
[First Reprint]
SENATE, No. 1040
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by: Senator LINDA R. GREENSTEIN District 14 (Mercer and Middlesex) SYNOPSIS Exempts community gardens composting on-site from certain DEP permits under certain conditions. CURRENT VERSION OF TEXT As amended by the Senate on March 24, 2025.
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Exempts community gardens composting on-site from certain DEP permits under certain conditions.
CURRENT VERSION OF TEXT
As amended by the Senate on March 24, 2025.
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, 1and except as provided in subsection b. of this section,1 a community garden that operates an on-site composting system 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 property on which the composting system is located is exclusively used as a community garden; (2) the composting system only uses vegetative waste generated by the community garden; and (3) all compost generated from the composting system is used on-site exclusively for the community garden. b. 1A community garden that operates an on-site compositing system may be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued pursuant to 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 if the on-site composting system is determined by the Department of Environmental Protection to be a significant discharger of pollutants pursuant to section 6 of P.L.1977, c.74 (C.58:10A-6). c.1 As used in this section1[, "community]: "Community1 garden" means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community. 1"Compost" means a biologically stable soil amendment that can be used to build soil health and provide nutrients to plants. "Composting" means the managed, aerobic biological decomposition of organic materials by microorganisms resulting in compost. "Composting system" means a system utilized for the composting of organic materials. "Vegetative waste" means waste materials that are produced from the raising of plants in a community garden which includes crop residues, such as stalks, hulls, leaves, as well as non-crop residues, such as leaves, grass clippings, tree parts, shrubbery, and garden wastes.1 2. This act shall take effect immediately.
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, 1and except as provided in subsection b. of this section,1 a community garden that operates an on-site composting system 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 property on which the composting system is located is exclusively used as a community garden;
(2) the composting system only uses vegetative waste generated by the community garden; and
(3) all compost generated from the composting system is used on-site exclusively for the community garden.
b. 1A community garden that operates an on-site compositing system may be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued pursuant to 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 if the on-site composting system is determined by the Department of Environmental Protection to be a significant discharger of pollutants pursuant to section 6 of P.L.1977, c.74 (C.58:10A-6).
c.1 As used in this section1[, "community]:
"Community1 garden" means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.
1"Compost" means a biologically stable soil amendment that can be used to build soil health and provide nutrients to plants.
"Composting" means the managed, aerobic biological decomposition of organic materials by microorganisms resulting in compost.
"Composting system" means a system utilized for the composting of organic materials.
"Vegetative waste" means waste materials that are produced from the raising of plants in a community garden which includes crop residues, such as stalks, hulls, leaves, as well as non-crop residues, such as leaves, grass clippings, tree parts, shrubbery, and garden wastes.1
2. This act shall take effect immediately.