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DEP details recycling and 'dirty dirt' rules, recycled‑content compliance and first‑in‑nation EV battery law
Summary
The Division of Sustainable Waste Management presented adopted single‑use and food‑waste rules, progress on the recycled‑content law and waivers, the pending dirty‑dirt licensing rule for soil/fill recycling, and implementation steps for the EV and hybrid vehicle battery management act, including a needs assessment awarded to NJIT.
Seth Hackman, director of the Division of Sustainable Waste Management, reviewed a large package of enacted and pending waste and recycling rules and new programs for reuse and circularity. He noted the single‑use reduction and food waste recycling rules are adopted; the recycled‑content regulation remains in rulemaking with an anticipated proposal in early 2026.
Hackman described the recycled‑content law's registration and waiver experience: roughly 326 of ~340 expected manufacturers registered and 78 waiver requests were submitted (about 23% of registrants), of which 36 waivers were approved; glass containers are the largest challenge due to supply constraints for post‑consumer recycled glass. He also described enforcement and outreach steps and a forthcoming public portal to analyze tonnage data.
On so‑called "dirty dirt" (soil and fill recycling and A901 licensing), DEP staff explained the 901 licensing extension to soil and fill recycling activities, the types of materials covered, the de minimis and professional exclusions, and the planned adoption/registration timeline once the package is finalized. Mike Hasty added that exclusions exist for source‑separated materials, small private reuse, and licensed remediation professionals, but that businesses conducting a range of activities will need to register.
Hackman also summarized the Electric and Hybrid Vehicle Battery Management Act (2024): producer registration began in February 2025; NJIT received a needs‑assessment contract to inventory recycling capacity and label/management practices and will begin in Jan. 2026; producer annual reports are due starting Jan. 2026; and a January 2027 prohibition will bar disposal of propulsion batteries as solid waste in New Jersey. "This is the first EV battery EPR that was enacted in the entire country," he said. The DEP will use the needs assessment to design producer plans and approval timelines.
Why it matters: The combined changes reorganize how soils, single‑use items, food waste and batteries are regulated, creating new compliance obligations for manufacturers and industry actors while providing data and grant tools to support implementation. The EV battery law establishes a producer responsibility model with a clear end‑of‑landfill date for propulsion batteries.
