CSG Law Alert: Asphalt Reuse

On January 16, 2018, Governor Christie signed into law P.L.2017, c.325, which revised previous law concerning the use of recycled asphalt pavement (the “Act”). The Act broadens the permissible methods that asphalt pavement can be reused.  Specifically, recycled asphalt pavement can be used as follows:

  1. Unbound in bedrock quarry reclamation;
  2. Unbound underneath a guardrail of a public road or highway;
  3. Unbound or mixed with other materials for use a base or subbase material in accordance with applicable engineering designs;
  4. Unbound as surface material for a parking lot, farm road, or pathway, or in any other location as authorized by NJDEP; or
  5. In any other use authorized by NJDEP.

Reuse is generally prohibited in very acidic soil (pH of 4 or less) absent the demonstration that groundwater will not be impacted.

It should be noted that the Act is not effective until September 2018, but allows NJDEP to take action beforehand to implement the new law.

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