The New Jersey Department of Environmental Protection has launched “Guard Your Backyard” campaign to help municipalities and communities manage fill material — soils trucked in for developments under construction, landscape projects or for use on private residential properties. The campaign launch comes a week after a Vernon Judge put Joseph Wallece in jail for refusing to clean up his 75 foot pile of dirt and debris in Vernon.

“Giving towns toolkits to deal with illegal dumping in municipalities can be a help to them. More importantly, the DEP has the primary authority on dealing with illegal dumping and are trying to walk away from their responsibility. In places like Vernon where Joseph Wallace was illegally dumping materials in the town for over 8 years, DEP chose not to use their authority to help clean up the toxic nightmare. Instead, DEP is putting the burden on towns to deal with polluters,” said Jeff Tittel, Director of the New Jersey Sierra Club. “The DEP has many more resources and tools they can use to go after illegal dumping compared to towns. We see DEP trying to spin their way out of the mess they made in Vernon.”

In the DEP statement, Commissioner McCabe said that, “establishing local regulations is a first line of defense against municipal dumping and can be quite effective in preventing illegal activity.” In February, DEP said it cannot enter illegal dumping sites and shut down their operations because it lacks the authority. Meanwhile, there are three statutes that clearly spell out DEP’s authority: N.J.S.A. 13:1D-9 (General Department Authority), 7:26A-1.5 Burden of proof (NJ DEP recycling regulations), and ·         7:26A-1.7 Right of entry and inspection (NJ DEP recycling regulations).

“DEP have the authority to thoroughly investigate any site where it suspects pollution or illegal activities. DEP can go on the site any time it wants. The department can also have State Police stop trucks and test materials going into the site,” said Tittel.  “DEP enforcement dropped 60 percent under Gov. Christie. That is why it is critical for the Murphy Administration to rebound enforcement so that illegal dumping in New Jersey does not happen.”

Superior Court Judge Maritza Berdote Byrne in August denied an appeal by Joseph Wallace, the who has spent 8 years bringing in unknown material in South Vernon. Samples taken from the dirt pile 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. PAHs are classified as a possible carcinogen. Attorney General Gurbir Grewal in February ordered soil testing at the site while halting all activities at the facility. DEP for over a year had declined to do testing at the site despite having the authority to do so.

“DEP said they did not have the authority to investigate illegal dumping in Vernon when they did. Commissioner McCabe said that the materials Joe Wallace was dumping was not contaminated or illegal when the state eventually found out it was. Vernon had to go to court with Wallace because DEP didn’t step up and do their job. We said all along the DEP has the authority to investigate illegal dumping activities and now they finally used it. These illegal dumping operations threaten clean water, clean air and public health. They have been around for far too long,” said Tittel.

Illegal dumping of contaminated materials damages the environment and public health, and can be very costly to taxpayers. A bill, S1683 (Smith), would help tighten regulations by expanding the requirement for background checks to a broader range of persons involved in the solid waste industry, such as sales persons, consultants, and brokers. But the overriding problem continues to be DEP’s lack of enforcement.

“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. The Senate bill S1683(Smith), helps however we need more from DEP. New Jersey has a history of contaminated materials coming into our state, in part because DEP chooses not to regulate these chemicals,” said Jeff Tittel, Director of the New Jersey Sierra Club. “Campaigns to prevent illegal dumping in towns is a start, however DEP needs to set and enforce standards for toxic materials to prevent any more possible dumping.”

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IMMEDIATE RELEASE                                     Contact: Caryn Shinske          (609) 984-1795

October 8, 2019                                                                       Lawrence Hajna       (609) 292-2994

DEP LAUNCHES INITIATIVE TO HELP COMMUNITIES COMBAT “DIRTY DIRT” AND PREVENT ILLEGAL DUMPING OF FILL MATERIAL

(19/P82) TRENTON – The New Jersey Department of Environmental Protection has launched a new campaign to help municipalities and communities manage fill material — soils trucked in for developments under construction, landscape projects or for use on private residential properties, Commissioner Catherine R. McCabe announced today.

At the heart of the “Guard Your Backyard” campaign is a dedicated website with local guidance and a model ordinance that municipal leaders can download and modify to suit their local needs. Enacting ordinances can give local governments the authority to determine what kind of fill material may be brought into their communities. The site at www.guardyourbackyard.nj.gov is live.

“The Guard Your Backyard campaign empowers our local partners and residents with guidance on the steps they can take to ensure the fill used in their communities is clean and safe,” Commissioner McCabe said. “Establishing local regulations is a first line of defense against municipal dumping and can be quite effective in preventing illegal activity. We are pleased that many of our local partners have already enacted their own ordinances to build upon DEP’s model ordinance to design the best regulatory solution for their municipality. No one knows the diverse communities of New Jersey better than their local leaders.”

The genesis for a dedicated website and model ordinance on fill material management is based in community protection. While clean soil or “clean fill” is often trucked to residential sites across New Jersey, “clean fill” that is sold or offered free of charge may contain contaminants that should not be on residential property.

In addition to the model ordinance, the website provides a detailed, easy-to-follow list of what is and isn’t considered solid waste under state law; specific actions that can be taken to enforce soil regulations or report illegal dumping; and examples of municipal laws regulating soil.

“Guard Your Backyard provides a detailed list of directives on what the state, municipal officials, industry leaders, private residents and local governments can and cannot do with regard to the dumping of soil,” said Paul Baldauf, Interim Assistant Commissioner for Compliance and Enforcement. “Our hope is that towns will embrace the model ordinance and make it their own to control what comes into their towns.”

Under the model ordinance, a property owner receiving soil must first obtain a permit and have the supplier complete some paperwork, such as describing the source of the fill being brought in. The model ordinance makes provisions for fines or other penalties for any violations of a community’s ordinance.

“I’ve been fighting back against illegal dumping and illegal dirt and waste piles throughout New Jersey’s Fifth District for several years. For decades, New Jersey and its shores have been a notorious dumping ground for other states,”  U.S. Rep. Josh Gottheimer said. “I’m glad the state of New Jersey is stepping up to help local authorities protect their communities from these serious environmental and public health threats.”

Development of a model ordinance for regulating soil and fill is a key element of Senate Bill 1683, sponsored by Sen. Bob Smith and approved by the New Jersey Senate in June 2019. The legislation has become known as New Jersey’s “Dirty Dirt Bill.”

“I applaud the efforts of the DEP to regulate dirt brokers in New Jersey, to prevent situations like that which recently happened in Vernon Township,” Smith said. “Communities really can guard and protect their own back yards.”

“Illegal dumping can result in much more than a simple neighborhood nuisance. It creates a public safety crisis that threatens our roads, drinking water, and environment,” said Sen. Steven V. Oroho, a co-sponsor of S1683. “Take, for example, the illegal dump in Vernon that grew into a seven-story mountain of contaminated dirt. The Guard Your Backyard campaign, which employs smart and sensible guidelines, puts our local community leaders in control of dumping provisions. I commend the NJDEP’s endeavors to combat and prevent illegal dumping across New Jersey.”

“I applaud Commissioner McCabe and Governor Murphy for taking important steps to combat illegal dumping across our state,” Assemblyman John F. McKeon said. “The ‘Guard Your Backyard’ program will give municipalities another tool to ensure only clean soil is being brought into our communities. It will go a long way in protecting the health of our residents and protecting our environment from toxic contaminants.”

“Our communities need to be able to protect their residents, environment, and water sources from contaminants that may be leaking into the ground from dumping sites and dirt piles. And we must continue our efforts to stop unscrupulous activities by dirty dirt brokers whose criminal behavior comes at the expense of residents living in rural New Jersey,” said Vernon Mayor Harry Shortway. “I thank the New Jersey DEP for this work they’re doing to support our local communities.”

The model ordinance complements existing state laws about fill and is consistent with all Soil Conservation District requirements in New Jersey. It includes exemptions for landscaping work, the filling or fixing of a septic installation, virgin quarry material, or the moving of fill around the same property. In addition, the model ordinance specifically states that it does not apply to soil or fill imported for the purposes of remediation of a contaminated site, operation and/or closure of sanitary landfills, or dredge repository sites.

Guard Your Backyard is one part of the DEP’s strategy to reduce illegal dumping in multiple forms across the state. In addition to Guard Your Backyard’s message for municipal leaders, the DEP encourages New Jersey residents and others to report illegal dumping through its mobile app and “Don’t Waste Our Open Space” campaign at https://stopdumping.nj.gov/.