What is the Purpose of an A-901 License?
New Jersey and New York have a long history of organized crime involvement in the solid waste industry. New Jersey created the A-901 License to keep out organized crime and certain unscrupulous ‘dirt brokers’. Recent New Jersey regulations expand the A-901 to include recycled soil and fill, closing a longstanding loophole to bad actors. The extensive licensing application process includes deep background checks on all company owners, family members, key employees, and business associates.
Who Needs to Have an A-901 License?
Anyone receiving any type of compensation for the transport or disposal of solid or hazardous wastes in New Jersey must have an A-901 License. This often includes excavated soils, fill, or other regulated waste streams originating in or imported to New Jersey. This requirement extends to truckers, facilities, brokers, sales people, environmental subcontractors. It even extends to consultants (except those holding professional licenses that are not directly managing or getting paid for the disposal). These provision apply whether or not they, or the project, is based in New Jersey.
What about recycling or reuse of excavated soil? New NJDEP regulations now require each person or entity involved with beneficial reuse or recycling of soil and fill to complete a Soil & Fill Recycling Registration. This Registration sets a deadline for registrants to apply for an A-901 License or else cease soil recycling activities.
The New Form of the A-901 License
Up until recently, there have been different types of A-901 Licenses depending on whether the license holder was a trucker, facility, or broker. NJDEP implemented recent changes to the license in September 2020 that combined the A-901 into a single license encompassing all service types. In addition, whereas the old license was just applicable to management of Solid & Hazardous Waste, the new license now also authorizes management of Soil and Fill Recycling.
Let the Owner Beware
The Industry does not always understand the extent of this requirement. For instance, if you own a development site, you are usually the “Generator” of the soil. New York or New Jersey Generators often hire excavation subcontractors and include soil disposal in their scope of work. Many times this scope includes disposal at a facility in New Jersey. In this situation, the A-901 License requirement applies to the subcontractor and all sub-subcontractors, brokers, and truckers.
The same applies for environmental subcontractors that are excavating contaminated soil for disposal on remediation projects. Subcontractors paid for soil disposal in New Jersey must be licensed, even if they hire a facility or broker.
Similarly, unlicensed consultants in New York or New Jersey should be wary of subcontracting soil disposal. This includes other compensation such as referral or finders fees, or getting consulting fees for managing disposal. Such actions may define them as a Waste Broker under New Jersey regulations and require licensure.
Are there Similar License Requirements in New York?
There are other permits, licenses, and registrations in New York that have similar purpose and requirements as the A-901 License. Anyone brokering, transporting, or disposing of soil or other wastes originating in New York City require an NYC Business Integrity Commission (BIC) license or registration. The same requirements apply in Westchester County, New York, which requires a Westchester County Solid Waste Commission permit. Truckers that plan to transport contaminated soils in New York State must also obtain a Part 364 License or Registration.
We Have You Covered
In addition to the A-901 License, Factor Group has a New Jersey Public Works Contractor Certificate and Business Registration. In New York, Factor entities hold a NYC BIC Trade Waste Broker Registration, Westchester County Class A License/Permit to Operate, and NYC PASSPort (VENDEX) registration. Need help sorting out waste management permit requirements for your next project? Reach out to discuss how we can serve you: https://www.factorgroup.com/contact-us/
