S3399 Solar Recycling Act
Commercial Requirements Under S3399
Complete breakdown of New Jersey's solar disposal requirements for commercial entities, solar farm operators, and installers.
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NJ S3399 Commercial Compliance Requirements
This Applies to Your Facility
S3399 requirements apply to ALL solar and photovoltaic facilities in New Jersey, regardless of system size, installation date, or ownership structure.
100% Facility Removal Mandate
Complete removal of all solar installation components is required—partial removal does not satisfy compliance.
Components That Must Be Removed:
- Photovoltaic panels/modules (crystalline silicon, thin-film, all types)
- Mounting structures and racking systems
- Wiring, conduit, and electrical interconnections
- Inverters, combiner boxes, and transformers
- Foundations, ballast, and ground screws
- Fencing, access roads, and security infrastructure
- Buried conduit and underground wiring
Recycling or Refurbishment Mandate
Landfill disposal is prohibited. All materials must be processed through certified recycling or refurbishment channels.
What's NOT Permitted:
- • Municipal solid waste landfill disposal
- • Hazardous waste landfill disposal (except properly manifested materials)
- • Abandonment or indefinite storage
- • Export without proper documentation
Acceptable Disposition:
- • Certified PV recycling facilities
- • Refurbishment and resale operations
- • Manufacturer take-back programs
- • E-waste recyclers with PV capability
Documentation Requirements
Maintain complete chain of custody documentation from removal through final disposition.
Weight/Volume Tracking
Document total weight OR panel count for all removed materials
Receiving Facility Records
Certificates from recyclers confirming receipt and processing
Chain of Custody
Track materials from site to final destination with transporter info
Transporter Documentation
NJDEP Waste Transporter ID and insurance verification
How Violations Trigger Penalties
Non-compliance with S3399 constitutes a violation of the Solid Waste Management Act.
Civil Penalties Up to $50,000 Per Day
Each day of non-compliance may be treated as a separate violation, allowing penalties to accumulate rapidly for ongoing violations.
(maximum statutory penalty — actual amounts vary based on violation severity and history)
Common Triggers for Enforcement:
- • Improper disposal discovered during NJDEP inspections
- • Complaints from municipalities or neighboring properties
- • Failure to provide documentation upon request
- • Abandoned installations reported to authorities
- • Use of non-certified transporters or recyclers