S 1040 New Jersey Senate · 2024-2025 Regular Session

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

This bill exempts community gardens from needing certain environmental permits to operate on-site composting systems, directly affecting community gardens across New Jersey. It removes the requirement for permits under the Solid Waste Management Act, Recycling Act, Air Pollution Control Act, and Water Pollution Control Act, provided the garden uses only its own vegetative waste (like plant scraps and leaves) and applies all compost on-site. The exemption does not apply if the composting system is deemed a significant pollutant discharger under water pollution rules. The law takes effect immediately upon enactment.

Issues: ✓ Environment

Sub-Topics: Air Quality Recycling Waste Management

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2024

Committee Review

Floor Vote

Governor

Introduced Jan 9, 2024 Last action Mar 24, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Reprint Senater 3/24/25 1R · 5 edits

MODERATE

The Senate amended S1040 on March 24, 2025, narrowing the blanket permit exemption for community garden composting systems by adding an exception that allows DEP to require a water pollution permit if the system is determined to be a significant discharger of pollutants. The amendment also added several new definitions (compost, composting, composting system, vegetative waste) to clarify key terms and restructured the bill's subsections accordingly.

SCOPE

The exemption in subsection a now includes the phrase 'and except as provided in subsection b. of this section,' meaning the blanket exemption from all DEP permits is no longer absolute.

REQUIREMENT

New subsection b creates an exception: DEP may require a permit under the Water Pollution Control Act (C.58:10A-6) if it determines the on-site composting system is a significant discharger of pollutants.

DEFINITION

Four new definitions were added in restructured subsection c: 'compost' (biologically stable soil amendment), 'composting' (managed aerobic biological decomposition), 'composting system' (a system for composting organic materials), and 'vegetative waste' (crop and non-crop residues from raising plants in a community garden).

The original single definition of 'community garden' (former subsection b) was moved to subsection c and the section was restructured to accommodate the new definitions.

TECHNICAL

Senator Mukherji was added as a co-sponsor, and the bill status changed from 'Introduced Pending Technical Review' to 'As amended by the Senate on March 24, 2025.'

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Full legislative history

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Committee

Amendments

Mar 24, 2025

Upper · Passed

Senate Amendment (Voice) (Ruiz)

upper

Oct 10, 2024

Upper · Passed

Reported out of Senate Committee, 2nd Reading

upper

Jan 9, 2024

Introduced

Introduced in the Senate, Referred to Senate Environment and Energy Committee

upper

1 primary · 1 co-sponsor