We are pleased to report that today Governor Murphy signed S2870 / A4255.
This law, which revised the A901 / “Dirty Dirt” law has two key outcomes for UTCA members:
First, DEP is now required to adopt rules and regulations no later than one year after the bill’s enactment. As of now, there remains a significant amount of confusion surrounding DEP’s evolving guidance and many business entities are unclear about the law’s applicability to their operations. Second, business entities now can wait to submit a complete A901 application until 30 DAYS AFTER the DEP adopts rules and regulations to implement the law, rather than the current July 14, 2022 deadline previously set.
UTCA has been working with a group of NJ business associations (notably the Commerce and Industry Association of NJ) on this bill from its inception. We would like to acknowledge these partners for their communication and cooperation. We commend the bill sponsors and the Governor for taking this action.
This revision to the law does not change any of the material-technical aspects of the law or the need to register with DEP by July 14th. “Registration” with the DEP is a separate step from the full A901 application process.
We will stay fully engaged over the coming months via the rule-making process and will provide UTCA members with updates as they become available. If you have any questions on this matter, please reach out to Dan Kennedy via email at kennedy@utcanj.org or call the office at (732) 292-4300.