Bill Text: NJ A4543 | 2012-2013 | Regular Session | Introduced
Bill Title: Authorizes extension of time for completion of remedial investigation of certain contaminated sites prior to DEP undertaking direct oversight.*
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Passed) 2014-01-17 - Approved P.L.2013, c.283. [A4543 Detail]
Download: New_Jersey-2012-A4543-Introduced.html
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
Assemblywoman HOLLY SCHEPISI
District 39 (Bergen and Passaic)
SYNOPSIS
Authorizes DEP to extend time for remedial investigation of certain contaminated sites prior to undertaking direct oversight.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning oversight of contaminated sites, and amending and supplementing P.L.2009, c.60.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. For any site subject to the provisions of paragraph (3) of subsection a. of section 27 of P.L.2009, c.60 (C.58:10C-27), upon application by a person responsible for conducting the remediation, the department may grant an extension of time pursuant to the provisions of subsection b. of this section to allow for the completion of the remedial investigation prior to the department taking direct oversight. The applicant shall submit:
(1) a certification that a licensed site remediation professional was retained to conduct a remediation of the site prior to November 7, 2012;
(2) a completed receptor evaluation for the site with a demonstration satisfactory to the department that any immediate environmental concerns identified at the site were addressed in accordance with the technical regulations for site remediation adopted by the department;
(3) a summary of all remedial investigation activities conducted at the site;
(4) a description of additional work necessary for the completion of the remedial investigation;
(5) an explanation of the reason for the inability to complete the remedial investigation within the statutory timeframes; and
(6) a schedule for the completion of the remedial investigation.
An application pursuant to this subsection shall be submitted no later than March 7, 2014.
b. (1) Upon submission of a technically and administratively complete application pursuant to subsection a. of this section, the department may grant an extension of time of up to two years for the completion of the remedial investigation upon a finding that there is good cause for the extension.
(2) The department shall notify the applicant, in writing, no later than 45 days after submission of a technically and administratively complete application, of its decision concerning the application and, if an extension of time for completion of the remedial investigation is authorized, the length of the extension.
(3) The department shall provide notice in the New Jersey Register of any extension granted pursuant to this section. In the notice, the department shall provide the name and location of the site for which the extension is granted, the rationale for the extension, and the length of the extension.
(4) If the person responsible for conducting the remediation of the contaminated site fails to complete the remedial investigation within the additional time provided pursuant to this section, the department shall undertake direct oversight of the remediation as provided in subsection c. of section 27 of P.L.2009, c.60 (C.58:10C-27).
2. Section 27 of P.L.2009, c.60 (C.58:10C-27) is amended to read as follows:
27. a. [The] Except as provided in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall undertake direct oversight of a remediation of a contaminated site under the following conditions:
(1) the person responsible for conducting the remediation has a history of noncompliance with the laws concerning remediation, or any rule or regulation adopted pursuant thereto, that includes the issuance of at least two enforcement actions after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.) during any five-year period concerning a remediation;
(2) the person responsible for conducting the remediation at a contaminated site has failed to meet a mandatory remediation timeframe or an expedited site specific timeframe adopted by the department pursuant to section 28 of P.L.2009, c.60 (C.58:10C-28), including any extension thereof granted by the department, or a schedule established pursuant to an administrative order or court order; or
(3) unless a longer period has been ordered by a court, the person responsible for conducting the remediation has, prior to the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), failed to complete the remedial investigation of the entire contaminated site 10 years after the discovery of a discharge at the site and has failed to complete the remedial investigation of the entire contaminated site within five years after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.).
As used in this subsection, "enforcement action" means an administrative order, a notice of civil administrative penalty, or a court order.
b. The department may undertake direct oversight of a remediation of a contaminated site under the following conditions:
(1) the contamination at the site includes chromate chemical production waste;
(2) the department determines that more than one environmentally sensitive natural resource has been injured by contamination from the site;
(3) the site has contributed to sediments contaminated by polychlorinated biphenyl, mercury, arsenic, or dioxin in a surface water body; or
(4) the site is ranked by the department in the category requiring the highest priority pursuant to the ranking system developed pursuant to section 2 of P.L.1982, c.202 (C.58:10-23.16).
c. For any site subject to direct oversight by the department pursuant to this section:
(1) the department shall review each document submitted by a licensed site remediation professional and shall approve or deny the submission;
(2) a feasibility study shall be performed and submitted to the department for approval;
(3) the department shall select the remedial action for the site;
(4) the person responsible for conducting the remediation shall establish a remediation trust fund pursuant to section 25 of P.L.1993, c.139 (C.58:10B-3) in the amount of the estimated cost of the remediation;
(5) all disbursements of funds from the remediation trust fund shall require prior approval by the department;
(6) all submissions prepared by the licensed site remediation professional concerning the remediation required by the department shall be provided simultaneously to the department and the person responsible for conducting the remediation; and
(7) the person responsible for conducting the remediation shall implement a public participation plan approved by the department to solicit public comment from the members of the surrounding community concerning the remediation of the site.
d. The department shall issue guidelines establishing specific criteria for the conditions under which a site may be subject to direct oversight pursuant to subsection b. of this section.
e. (1) Any oversight procedure, remedy, or other obligation in P.L.2009, c.60 (C.58:10C-1 et al.) shall not affect a remediation conducted pursuant to and in compliance with a settlement of litigation to which the department is a party if the settlement (a) occurred prior to the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), or (b) is a settlement of litigation pending on the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.).
(2) For any litigation pending or settled on the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), concerning a remediation performed pursuant to the "Resource Conservation and Recovery Act," 42 U.S.C. s.6921 et seq., nothing in P.L.2009, c.60 (C.58:10C-1 et al.) shall affect an oversight procedure, remedy, or other obligation imposed by a federal administrative order or federal court order.
(cf: P.L.2009, c.60, s.27)
3. This act shall take effect immediately.
STATEMENT
This bill would allow the Department of Environmental Protection to grant an extension of time for the completion of a remedial investigation to a person responsible for conducting a remediation of a contaminated site under certain circumstances. Current law requires the department to assume direct oversight of a cleanup if the person responsible for conducting a remediation has, prior to the date of enactment of P.L.2009, c.60 (C.58:10C-1 et seq.), (i.e., May 7, 2009), failed to complete the remedial investigation of the site 10 years after the date of discovery of a discharge at the site and has failed to complete the remedial investigation of the site within five years after May 7, 2009. This bill would authorize the department, for good cause, to allow up to an additional two years for the completion of the remedial investigation of a site prior to the department undertaking oversight of the remediation. The bill requires an application for an extension to be submitted no later than March 7, 2014 and provides the department 45 days to notify the applicant of its decision on whether to allow the extension of time for completion of the remedial investigation and the amount of additional time allowed. Under the bill, the department is required to provide notice in the New Jersey Register of any extension granted, and include in the published notice, the name and location of the site for which the extension is granted, the rationale for the extension, and the length of the extension.
