Dirty Dirt Bill Goes to Gov’s Desk

The Senate passed bill S1683 (Smith/Greenstein) today. The bill concerns the regulations of solid waste, hazardous waste, and soil and debris recycling industries and amends the existing law to expand the requirements for background checks to a broader range of persons involved in the solid waste industry, such as salespersons, consultants, and brokers. The bill was passed with a vote of 39-0. S1683 (Smith/Greenstein) will now go to the Governor’s desk to sign.

“We need Governor Murphy to sign this bill because it addresses New Jersey’s ongoing problems with illegal dumping of contaminated materials. The Special Commission of Investigation’s first “Dirty Dirt” report in 2016 exposed the rampant problem of soil brokers and dirty dirt. Since that report the illegal dumping is still happening, risking the environment and public health. That’s because there hasn’t been any action by DEP and the Legislature to stop it. The industry has ties to the mob, and there are serious pollution and health impacts,” said Jeff Tittel, Director of the New Jersey Sierra Club. “These unscrupulous dirt brokers are dumping contaminated soil all over the environment. There are loopholes in the law that gives them less scrutiny that need to be closed.”

Illegal dumping of contaminated materials is a widespread problem in New Jersey. In Vernon, Joseph Wallace dumped toxic chemicals and materials for over 8 years. Samples taken from the dirt by DEP were found to contain polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs) and the pesticide chemical chlordane all at levels above the state’s standard for residential soil. In October, Wallace was sentenced to 90 days in Sussex County Jail and fined $58,500 after months of fighting in court.

“The illegal dumping in Vernon and elsewhere should be a wakeup call to our legislature and the Murphy Administration that we need more enforcement power and inspections. In Vernon, the judge did the DEP’s job for them. DEP looked the other way and would not enforce the cleanup at this site for far too long. DEP Polluters not only need to clean up their mess, but they need to pay too. Wallace has been illegally dumping materials in Vernon for over 8 years, and enough is enough,” said Tittel. “Illegal dumping has become a toxic menace to the community. High levels of PAHs, PCBs, and chlordane endanger public health. PCBs have been linked to cancer, as well as pregnancy complications and other health effects. Exposure to chordane can affect the human nervous system.”

In June, the Special Commission of Investigation released their latest “Dirty Dirt” report detailing illegal dumping in Marlboro. SCI reported that New Jersey currently “lacks the authority to properly oversee elements of its recycling program”. Illegal dumping in New Jersey has the potential to impact the environment but also cause public health problems, like in Kearny where New Jersey Sports and Exposition Authority illegally dumped liquid sewage sludge.

“This bill is an important step forward; however, we need to go further. New Jersey needs tighter regulations and restrictions on how our waste is handled. We have a long history of contaminated materials coming into our state, in part because DEP chooses not to regulate these chemicals. DEP needs to set and enforce standards for toxic materials to prevent any more possible dumping,” said Jeff Tittel, Director of the New Jersey Sierra Club. “Governor Murphy needs to act quickly to sign this bill to protect the people of New Jersey from illegal dumping.”