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Governor Delays Unclear Permit Requirement for Moving Dirt

By virtue of Executive Order 136, Governor Murphy has paused an ambiguous permitting requirement that could impact routine construction operations. For at least 60 days, the New Jersey Department of Environmental Protection will not enforce the measure while they simultaneously work on guidance to clarify exactly who needs to actually get these permits. Stemming from the "Dirty Dirt Law" passed earlier in the year, the goal of the legislation was to make sure that companies engaged in the business of providing soil and fill recycling services were not going under the radar nor misclassifying contaminated debris. What became unclear, however, was whether the simple task of moving dirt to and from a construction site may trigger the requirement for obtaining a permit. NUCA NJ has argued against adding this unnecessary mandate for contractors that are just performing the average construction project. Staff will continue to seek formal clarification from the Department and monitor the situation.

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