NJ Department of Environmental Protection Issues (RAP and Dirty Dirt)

The NJ Legislature is actively moving legislation which would extend a range of DEP and DOT permits so that pending developments would not be stalled or otherwise impacted by COVID-19 related delays. NJAPA worked cooperatively with the NJ Concrete and Aggregate Association to gain an amendment to the bill which would specifically extend the timeframe for compliance with the recently enacted “Dirty Dirt” legislation. While it appears the bill will move forward soon, it was not approved in advance of the DEP registration deadline. NJAPA has sent several communications to members regarding this matter and have advised members to file the initial registration and if they believed the legislation should not apply to their operations, they should also include language to that effect, reserving their rights to cease compliance in the future once the issue was clarified. NJAPA and NJCAA have written to DEP on this matter and we have had numerous discussions with Senior Staff at DEP. Our joint letter to NJDEP is linked here.

NJAPA also continues to aggressively push NJDEP to respond to industry concerns and move forward cooperatively with us on the RAP Guidance/Regulations required by the RAP Legislation which we wrote and had signed into law. NJAPA staff continues to have calls and video-meetings with key legislators on this matter should we need clarifying legislation and/or legislative oversight.