Municipal Partners Are Key To Three Issues Essential To Vibrant Communities
By Janine MacGregor, N.J. Department of Environmental Protection
Protecting public health, supporting our state’s diverse natural resources and creating vibrant and sustainable communities with economic opportunity for all – that’s the work of the N.J. Department of Environmental Protection.
The DEP’s Division of Sustainable Waste Management (DSWM) bolsters these efforts by regulating the safe management of solid waste, and varied hazardous and medical waste, as well as recyclable materials.
Our municipal partners can play a vital role in this endeavor, especially in three fundamental areas.
Single Use Plastics
The Single-Use Plastic Reduction Law has been in effect since May 4, 2022, and, according to the Plastic Advisory Council’s First-Year Report (visit bit.ly/3tJZTjD), has been highly effective.
The report notes, for instance, that “approximately 5.5 billion single-use plastic bags and 110 million single-use paper bags were eliminated from entering the waste stream and environment by the supermarket sector alone from the effective date of the law on May 4, 2022, through the end of the year.”
While that is good news, DEP has found that a modest percentage of, primarily, small businesses are not consistently following requirements to eliminate single-use plastic bags or polystyrene foam food containers.
Here are the nuts-and-bolts of municipal enforcement authority from the law:
P.L. 2020, CHAPTER 117, section 6. subsection a., states that persons who violate the law are subject to various actions, including monetary penalties, for that violation and also establishes the authority of the municipal court to enforce provisions of the “Penalty Enforcement Law of 1999” in connection with P.L.2020, c.117. Subsection b. goes on to state that a municipality may retain 30% of any penalty collected, while subsection c. confers upon a municipality the authority to enforce the provisions of P.L.2020, c.117.
As this indicates, municipalities are permitted to apply provisions of the law, so we encourage local governments to assist in compliance by conducting inspections and applying the provisions. They also can, as the law states, retain 30% of any penalty collected. After a first warning, a person or entity that violates the law may be fined up to $1,000 per day for the second offense and up to $5,000 per day for the third and subsequent violations, as well as a daily fine for continuing violations.
DEP has additional information on its Get Past Plastic website (visit bit.ly/408iG4r) and is available to assist interested municipalities on how to get started.
The overall reward for the state is the reduction of single-use plastics; the added benefit for municipalities is a potential new source of revenue.
Temporary Debris
When a severe storm hits, municipalities have many responsibilities to address. Cleaning up debris can be a major issue, whether it’s the immediate issue of fallen trees or longer-term collection of residents’ destroyed belongings, furniture and more put out as trash.
Where to store this debris can be one less concern, if a municipality already has designated a Temporary Debris Management Area (TDMA). Having a predetermined TDMA is critical to managing waste immediately after a storm and can help a community recover more quickly.
DEP approval is required to operate a TDMA, so we urge municipalities to plan ahead and obtain preapproval now. It’s free and DSWM is ready to assist local leaders.
To learn more, visit nj.gov/dep/dshw/debris. You’ll find a downloadable TDMA request form, FAQs and additional information on debris planning. Contact the Division of Sustainable Waste Management by calling (609) 633-1418 or emailing
Recycling
New Jersey has a robust recycling program and market, but increasing the amount of materials recycled has proved difficult. Greater production and use of plastic, metal and paper; market fluctuation of these products; and the cost of recycling collection programs are all contributing factors.
One of the most challenging issues, however, is the oft-repeated misconception that plastics recycling “does not work.” The truth is that it does work and communities need to continue recycling.
The best and most efficient ways that municipalities can do their part?
Three best practices:
Keep recycling information up to date on your websites.
Communicate often with recycling facilities to determine if new recycling options exist.
Upload all new recycling information on the Recycle Coach app (visit bit.ly/49bopdY), which DEP has made available to all communities at no charge.
Community-level efforts in each of these areas have far-reaching impacts across New Jersey and are deeply appreciated by our agency.
Janine MacGregor is Director of the New Jersey Department of Environmental Protection’s Division of Sustainable Waste Management.