The State of New Jersey has a stringent licensing law concerning the regulation of the solid waste, hazardous waste, and soil and debris recycling industries, all to ensure the safe, clean transportation of waste throughout the State. The mandated vetting and licensing of all solid waste transporters took effect through what is referred to as the “A-901” law. The A-901 licensing process was established to put an end to illegal dumping, remove criminal involvement that historically plagued New Jersey’s waste management industry, and to provide companies with information about solid waste laws and regulations.
Commercial businesses that transport waste generated by other people or companies are required to be registered as waste transporters through the New Jersey Department of Environmental Protection (“NJDEP”), licensed with an A-901 license, and once licensed must obtain a Certificate of Public Convenience & Necessity (CPCN). Companies that generate waste as a direct result of their business, such as a construction company, and haul the waste on their own to a waste facility, must be registered with the NJDEP as a “self-generator,” file an affidavit of exemption, and comply with many of the NJDEP’s regulations for waste transporters.
Applying for an A-901 license is a long and laborious process. Businesses are required to complete detailed personal and financial disclosure statements, submit to fingerprint checks, and undergo background investigations for all owners and key employees, which includes information regarding family members, employment history, and other personal details. For a company just getting started, this could be a year-long process (or longer). Additionally, without previous industry experience, a new company may be required to obtain a letter from an attorney stating the company’s management has been advised of the State’s solid waste management laws and regulations, and are aware of the business’s future compliance obligations. Once licensed, there are annual reporting requirements, as the A-901 license must be updated annually.
The CPCN requires similar information to the A-901 license along with additional financial information, as well as company information to include a description of services, and proposed rates with terms and conditions. Annual reporting requirements for the CPCN include details of each disposal facility where a company disposed of waste, type and amount of waste, and rate charged, among other information.
A-901 Compliance and Consulting Services
Archer attorneys have significant experience counseling and representing companies in the solid and hazardous waste industry in all aspects of their business. Clients we represent include, among others, waste transporters and haulers, brokers, and out-of-state based companies who do business in New Jersey. Our services in this area include assisting companies in each phase of the A-901 licensing process, beginning with the acquisition of a company’s New Jersey A-901 license, assisting with the CPCN application, handling annual renewals and reporting requirements, and advising on compliance with County and State rules and regulations. We also represent clients in the defense of claims involving alleged failure to obtain required regulatory permission to operate in the solid and hazardous waste industry. In the licensing process, our attorneys also handle the negotiation and review of the resulting contracts and related documents for transportation and disposal situations.
For more information about the A-901 licensing process, license renewals, annual reporting requirements, or claims issues, please contact Nick Lochetta at (609) 580-3709, or email at email@example.com.