A 1872 — Exempts community gardens operating on-site composting systems or other systems of managing organic waste from certain DEP permits under certain conditions.

A1872 1R [First Reprint] ASSEMBLY, No.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe byAssembly LegislativeEnvironment Counsel.and Solid Waste Committee on February 19, 2026, with amendments.

     (1) the system accepts no more than 200 gallons per week of source1[source separated foodfood] organic1 waste, except that a community garden located on property that is 5,000 square feet or larger in size may accept source1[source separated foodfood] organic1 waste in an amount equal to 200 gallons per week per 5,000 square feet of property;

and       (2)(2) all compost generated from the the system is used on-site exclusively for the community garden, except that such compost may be given away or offered for sale in accordance with the requirements of the Department of Environmental Protection providing for the disposition of processed Class C recyclable materials.

     “Food“1[Food] Organic1 waste” means the1[the same as the term is defined in section 1 of P.L.2020, c.24 (C.13:1E-99.122).

     “Source separated” means the same as the term is defined in section 1 of P.L.2020, c.24 (C.13:1E-99.122).(C.13:1E-99.122)] any material found in the waste stream that can be broken down into, or otherwise become part of, useable compost, including, but not limited to, food scraps, soiled paper, and plant trimmings1.

    STATEMENT         This bill would exempt a community garden that operates an on-site composting system, or other on-site system of managing organic waste in accordance with the Department of Environmental Protection’s (DEP) standards for recycling, from any permits required by the DEP 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.        To be eligible for the exemption provided by the bill:  (1) the system may not accept more than 200 gallons per week of source separated food waste, except that a community garden located on property that is 5,000 square feet or larger in size may accept source separated food waste in an amount equal to 200 gallons per week per 5,000 square feet of property;

and (2) the compost generated from the system is to be used on-site for the community garden or be given away or offered for sale in accordance with the requirements of the DEP providing for the disposition of processed Class C recyclable materials.

      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.