Last month the New Jersey Senate introduced Senate Bill No. 771 which requires large food waste generators to separate and recycle food waste and amends definition of “Class I Renewable Energy.” The Bill was pre-filed for introduction in the 2016 session and sponsored by Senator Bob Smith (District 17-Middlesex & Somerset); and Senator Christopher “Kip” Bateman (District 16-Hunterdon, Mercer, Middlesex, and Somerset).

The key details include (but are not limited to): 

• Beginning January 1, 2017 each large food waste generator (average projected volume of 104 tons or more) located within 35 miles of an authorized recycling facility shall:

1. Source separate its food waste
2. Send source separated food waste to an authorized recycling facility that has available capacity and will accept it.

• Beginning January 1, 2020 each large food waste generator (average projected volume of 52 tons or more) located within 35 miles of an authorized recycling facility, and which is not already subject to the 2017provisions shall:

1. Source separate its food waste
2. Send source separated food waste to an authorized recycling facility that has available capacity and will accept it.

• Large food waste generators not located within 35 miles of an authorized recycling facility, or the authorized recycling facility will not accept the generator’s waste, may send food waste to a solid waste facility.

• Enclosed “on-site” composting or anaerobic digestion of source separated food waste are alternative (compliant) measures.

• Large food waste generators can send its solid waste to an outside facility for food source separation and recycling.

• Violators would be subject to civil penalties.

• The NJDEP would be required to adopt regulations.

• Bill amends the definition of Class I Renewable Energy to include electric energy produced from methane gas from a composting or anaerobic digestion facility that converts food waste or other organic waste to energy.  

Key Definitions:

Large food waste generator: Any commercial food wholesaler, distributor, industrial food processor, supermarket, resort, conference center, banquet hall, restaurant, educational or religious institution, military installation, prison, hospital, medical facility, or casino that produces at least 52 tons per year of food waste.

Food waste: Food processing vegetative waste, food processing residue generated from processing and packaging operations, overripe produce, trimmings from food, food product over-runs, soiled and unrecyclable paper, and used cooking fats, oil, and grease. 

Stay tuned for future legislative updates. We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. For further information please don't hesitate to contact us at tfrancis@cardinallsrp.com, or www.cardinallsrp.com.