People processing biochar would need New Jersey permits

The state would require a permit before anyone processes biochar. The requirement would cover people and facilities in New Jersey. Permit holders could use only clean wood, crop waste, and similar plant material. Applicants would have to identify their material sources and the areas they plan to serve. The environmental department would review applications with the agriculture department and issue permits to applicants who qualify. The permit requirement would start 180 days after enactment.

The environmental department would set air and waste rules for biochar processing. These rules would cover biochar permit holders; the fees would apply to applicants and, if charged, permit holders renewing annually. Permit holders would also meet inspection and reporting rules. The usual minimum financial backing would be $150,000 per facility for waste disposal and cleanup. The state could set another amount that offers the same protection. Applicants would pay permit application fees. The state could also charge annual renewal fees.

The head of the state environmental department could order compliance, seek a court order, or impose fines. These measures would apply to people or facilities that violate the act or its rules. Permit holders that process biochar against the requirements could have their permits suspended or revoked. A person or facility must receive notice before an administrative fine becomes final and may request a hearing. A person or facility would have 20 calendar days after receiving notice to request a hearing.