This document discusses New Jersey regulations regarding composting at community gardens. Currently, community gardens are allowed to compost only materials generated on-site without a permit, but not food waste from the surrounding community. The document outlines a plan to file a petition for rulemaking that would create an exemption allowing community gardens to compost off-site food waste from the local area on a small scale, while still requiring regulation and inspection by state and local authorities. It also notes some other issues community gardens may face regarding local approvals, air permitting, and sale of compost.

1. Nothing in these materials should be relied upon as
legal advice in any particular matter. ©RDSHP2018
Relaxing New Jersey Regulation of
Composting at a Community Garden
Matthew A. Karmel, Esq.

2. Nothing in these materials should be relied upon as
legal advice in any particular matter. ©RDSHP2018
• Recycling activities in New Jersey, including composting
activities, generally require a permit from the New Jersey
Department of Environmental Protection (“NJDEP”)
pursuant to the Solid Waste Management Act, N.J.S.A.
13:1E-1 et seq.
• The process for obtaining a solid waste permit is time-
consuming and costly, and the compliance requirements
associated with such permits can be similarly
burdensome for small scale composting activities.
Background

3. Nothing in these materials should be relied upon as
legal advice in any particular matter. ©RDSHP2018
• New Jersey does not regulate “backyard composting” on a
residential property without a solid waste permit from the State.
(Local governments may regulate backyard composting.)
• While New Jersey does regulated composting at a community
garden, the regulations implementing the Solid Waste
Management Act contain an exemption from the permitting
requirement if the composting activity involves materials
generated and recycled on-site. N.J.A.C. 7:26A-1.4(a).
• This exemption allows community gardens to compost food
waste generated on-site, but does not allow food waste from the
community to be returned to the compost pile at the community
garden without a permit.
“Backyard Composting” and
Community Gardens

4. Nothing in these materials should be relied upon as
legal advice in any particular matter. ©RDSHP2018
• The NJDEP and other governmental agencies have a
procedure that allows members of the public to suggest a
change to existing regulations.
• This formal process is called filing a petition for
rulemaking and is governed by N.J.A.C. 7:1D-1.1 and the
Administrative Procedure Act.
• We represent Planting Seeds of Hope, which is preparing
a petition for rulemaking to allow food waste generated
within the community to be composted at a community
garden.
Changing the Rules

5. Nothing in these materials should be relied upon as
legal advice in any particular matter. ©RDSHP2018
• The proposed exemption would allow a small area of a
community garden to be utilized for composting of food
waste generated off-site.
• The composting activity would still be subject to
regulation and inspection by the NJDEP and local
governments to ensure that the activity is conducted in an
appropriate manner.
• This proposal is an early part of the ongoing dialogue in
New Jersey regarding food waste reduction.
Proposed Exemption

6. Nothing in these materials should be relied upon as
legal advice in any particular matter. ©RDSHP2018
• Local Government Approvals
• Air Permitting
• Sale and/or Distribution of Compost
Other Issues for Community Gardens