S3832

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, and except as provided in subsection b. of this section, 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. A community garden that operates an on-site compositing system may be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued pursuant to 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 if the on-site composting system is determined by the Department of Environmental Protection to be a significant discharger of pollutants pursuant to section 6 of P.L.1977, c.74 (C.58:10A-6).

c. 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.

“Compost” means a biologically stable soil amendment that can be used to build soil health and provide nutrients to plants.

“Composting” means the managed, aerobic biological decomposition of organic materials by microorganisms resulting in compost.

“Composting system” means a system utilized for the composting of organic materials.

“Vegetative waste” means waste materials that are produced from the raising of plants in a community garden which includes crop residues, such as stalks, hulls, leaves, as well as non-crop residues, such as leaves, grass clippings, tree parts, shrubbery, and garden wastes.

2. This act shall take effect immediately.

STATEMENT

This bill exempts community gardens that operate an on-site composting system from any permits required by the Department of Environmental Protection (DEP) 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, except if the on-site composting system is determined by the DEP to be a significant discharger of pollutants.

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.