Murphy Signs Dirty Dirt Bill

Governor Murphy has signed S1683 (Smith/Greenstein) into law. The bill was written to address the regulations of solid waste, hazardous waste, and soil and debris recycling industries and to amend 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.

“Today is an important day when it comes to dealing with dirty dirt in New Jersey. This new law addresses New Jersey’s ongoing problems with illegal dumping of contaminated materials. Illegal dumping in New Jersey is still happening, risking the environment and public health. DEP has not been enforcing against these dumpers like they should have, and this law will go a long way to give them the tools to do their job and protect New Jersey from illegal dumping,” said Jeff Tittel, Director of the New Jersey Sierra Club. “The Special Commission of Investigation’s first “Dirty Dirt” report in 2016 exposed the rampant problem of soil brokers and dirty dirt. The industry has ties to the mob, and there are serious pollution and health impacts. These unscrupulous dirt brokers are dumping contaminated soil all over the environment. Now the loopholes in the law that gives them less scrutiny have been 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.

“This law will help address illegal dumping in New Jersey, which is a statewide problem. The illegal dumping in Vernon and elsewhere was 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.

“We are glad that Governor Murphy signed this bill, but 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.