SENATE, No. 3154

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED OCTOBER 3, 2022

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Exempts community gardens composting on-site from certain DEP permits under certain conditions.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning permits for certain community gardens and supplementing Title 13 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  Notwithstanding any law, rule, or regulation to the contrary, a community garden that operates an on-site composting system shall not be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), or the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), or any rules or regulations adopted pursuant thereto, for the operation of the on-site composting system provided that:

     (1) the property on which the composting system is located is exclusively used as a community garden;

     (2) the composting system only uses vegetative waste generated by the community garden; and

     (3) all compost generated from the composting system is used on-site exclusively for the community garden.

     b.  As used in this section, “community garden” means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would exempt community gardens that operate an on-site composting system from any permits required by the Department of Environmental Protection under the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), or the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), or any rules or regulations adopted pursuant thereto.  To be eligible for the exemption provided by the bill:  (1) the property may only be used as a community garden; (2) the composting system may only use vegetative waste generated by the community garden; and (3) all compost generated from the composting system is required to be used on-site exclusively for the community garden.

     As defined in the bill, “community garden” means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.

     Permitting processes can be lengthy and often result in expensive fees.  By eliminating various permitting requirements, this bill would make operating an on-site composting system at a community garden more convenient and financially feasible.  Community gardens provide numerous benefits, in addition to providing the neighborhood with fresh produce.  Community gardens beautify urban areas, promote healthy lifestyles, enhance the environment, and provide educational opportunities for children to learn about where food comes from, gain a basic introduction to environmental issues, and develop work skills.