[First Reprint]

ASSEMBLY, No. 4547







Sponsored by:

Assemblyman  JAMES J. KENNEDY

District 22 (Middlesex, Somerset and Union)


District 18 (Middlesex)

Assemblywoman  SHAMA A. HAIDER

District 37 (Bergen)


Co-Sponsored by:

Assemblywoman McKnight






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



     As reported by the Assembly Environment and Solid Waste Committee on September 29, 2022, with amendments.


An Act concerning permits for certain community gardens and supplementing Title 13 of the Revised Statutes.


     Be It Enacted by the Senate and General Assembly of the State of New Jersey:


     1.  a.  Notwithstanding any law, rule, or regulation to the contrary, a community garden that operates an on-site composting system 1, or other on-site system of managing organic waste in accordance with the Department of Environmental Protection’s standards for recycling,1 shall not be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued by the department 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, for the operation of the on-site composting system provided that:

     (1) the 1[property on which the composting system is located is exclusively used as a community garden;

     (2) the composting system only uses vegetative waste generated by the community garden] system accepts no 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 property1 ; and

     1[(3)] (2)1 all compost generated from the 1[composting]1 system is used on-site exclusively for the community garden 1, 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 materials1 .

     b.  As used in this section 1[, “community] :

     “Community1 garden” means any publicly or privately owned piece of land maintained and cultivated as a garden by members of the surrounding community.

     1“Food waste” means 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).1


     2.  This act shall take effect immediately.