A-901 Attorneys

Published on: February 25, 2020

New Jersey DEP’s Waste Licensing Requirements May Have Expanded to Contractors and Landscapers

Land Fill, Trash, Dump, Environment
New Jersey’s Department of Environmental Protection (“NJDEP”) regulates the transportation of waste in New Jersey. This involves a significant licensing process including an A-901 application (including Personal History Disclosure Statements for all owners, officers and key employees and a Business Disclosure Statement, as well as second-level application documents for parent or related companies).

That regulation is now being extended to companies which transport soil and fill. This may have a significant impact on contractors and landscapers who were not previously required to obtain licensing with the DEP. Indeed, Governor Murphy signed bill A-4267 into law on January 21, 2020. This law expands the NJDEP’s regulatory powers to those companies which provide soil and fill recycling services. Any business which transports, collects, processes, sells, stores, or disposes of soil and/or fill recyclable materials must be licensed with and approved by the NJDEP.

The law defines “soil and fill recyclable materials” as:

Published on: January 30, 2020

New Jersey Solid Waste A-901 Process

by Pauline M.K. Young

Hello, my name is Pauline Young, I am one of the partners here at the law firm of McLaughlin & Nardi and I am here today to discuss solid waste transportation also known as A-901 licensing.

Waste haulers are often surprised to learn of the extent of regulation in the industry in New Jersey. This is because in most states, waste transporters are not required to obtain a license in order to operate their business. New York City is one of the exceptions to that as well as New Jersey, but in most states, including Pennsylvania and Connecticut there is little to no licensing or registration requirements at all for solid waste haulers. However, because of New Jersey’s unfortunate history of illegal dumping and related criminal activity, the State has imposed a complex regulatory system to address these issues.

Published on: March 16, 2017

Solid Waste Transportation: CPCN’s and Other Requirements

by Pauline M.K. Young

eighteen-wheeler-614201__340-300x225 The New Jersey Department of Environmental Protection (“NJDEP”) regulates, monitors, and enforces a wide range of environmental laws throughout the State, including things such as the transport and disposal of solid waste.

The State Legislature and the NJDEP have enacted numerous laws, rules, regulations, and reporting requirements for waste transporters in an effort to ensure the safe, clean transportation of waste throughout the State.

The process for becoming a licensed waste transporter generally begins with the formation and registration of a business entity such as corporation or limited liability company with the State of New Jersey and obtaining a federal Employer Identification Number (FEIN or EIN) with the Internal Revenue Service. Next the company would need to obtain an A-901 license. Obtaining that license from the NJDEP can be a long and invasive process requiring a significant amount of information to be provided to the NJDEP in addition to fingerprinting and background checks for all owners and key employees. It is not uncommon for this process alone to take approximately one year.