As a result of the New Jersey District Court's finding in Atlantic Coast Demolition and Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County (1995) that New Jersey's waste flow regulations are "likely to be unconstitutional," NJDEP has adopted emergency regulations governing the disposal and recycling of construction and demolition (C & D) waste. The emergency regulations, which took effect on January 29, 1996 as required by the Court, obligate haulers to have C & D waste weighed and monitored in the New Jersey county where the waste was generated before being taken out-of-state for disposal. However, the emergency rule allows haulers to bypass the weighing and monitoring step if their C & D waste will be disposed of in New Jersey. Due to various constitutional challenges, New Jersey waste haulers and generators should stay alert for further developments in waste flow control laws at the state and national levels.
