NJ S3399 Commercial Solar Removal Requirements

Commercial operators in New Jersey face substantially greater compliance obligations under S3399 than residential property owners. If your facility has a solar installation that is being decommissioned, relocated, or removed, here is what the law requires and what documentation you need on file.

The 100% removal mandate

S3399 requires commercial operators to remove 100% of a solar installation when decommissioning — panels, racking systems, wiring, inverters, and mounting hardware. Partial removal does not satisfy the statute. Every component must be accounted for in your documentation package.

What must be removed:

• Solar panels and modules
• Racking and mounting systems
• Above-ground wiring and conduit
• Inverters and power conversion equipment
• Monitoring hardware
• Any ancillary equipment installed as part of the solar system

Recycling and refurbishment mandate

Landfill disposal of solar panels is not a compliant disposition option for commercial operators under S3399. Removed panels must be routed to a certified recycler or refurbishment facility. Acceptable disposition options include:

• Certified recycling at an approved facility
• Refurbishment for resale or redeployment
• Transfer to a manufacturer take-back program if applicable

Documentation requirements

Commercial operators must maintain a complete chain-of-custody record covering the full removal process. Required documentation includes:

• Pre-decommissioning inventory of all components to be removed
• Contractor credentials and licensing verification
• Transport manifests for all panel batches
• Receiving facility records from the certified recycler
• Certificate of Recycling confirming compliant disposition
• Volume tracking records — either weight-based or panel-count, applied consistently throughout the project

Common enforcement triggers

Commercial facilities are subject to greater regulatory scrutiny than residential owners. Common situations that draw compliance attention include:

• Landfill rejection of panels at a disposal facility
• Documentation gaps identified during routine inspections
• Complaints or tips related to improper disposal
• Incomplete removal leaving components on-site

Working with a licensed decommissioning contractor

Commercial decommissioning projects require a contractor with the licensing, insurance, and recycler relationships to execute the full scope — not just physical removal. Blue Flag Solar works as a licensed subcontractor alongside solar installers, roofers, and general contractors. Every commercial job includes the complete documentation package your facility needs to demonstrate S3399 compliance.

Frequently asked questions