Bill Text: NJ A5194 | 2016-2017 | Regular Session | Amended

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Bill Title: Allows expanded use of recycled asphalt pavement.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2018-01-08 - Substituted by S3521 (1R) [A5194 Detail]

Download: New_Jersey-2016-A5194-Amended.html

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[First Reprint]

ASSEMBLY, No. 5194

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2017

 

 

Sponsored by:

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblyman  KEVIN J. ROONEY

District 40 (Bergen, Essex, Morris and Passaic)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

 

Co-Sponsored by:

Assemblymen Gusciora, Space and Assemblywoman Jimenez

 

 

 

 

SYNOPSIS

     Allows expanded use of recycled asphalt pavement.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on January 8, 2018.

  

An Act concerning the use of recycled asphalt pavement, and supplementing P.L.1987, c.102 (C.13:1E-99.11 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  Notwithstanding the provisions of any law, or any rule or regulation adopted pursuant thereto, to the contrary, ¹a person may use¹ recycled asphalt pavement ¹[may be used]¹ , subject to the limitations in ¹[subsections b. and c. of]¹ this section ¹as follows¹ :

     (1)   unbound ¹[, as a surface material for a parking lot, farm road, or pathway,]¹ in ¹bedrock¹ quarry reclamation ¹[, or underneath a guardrail]¹; ¹[or]¹

     (2)   ¹[mixed with other materials as a base or subbase material] unbound underneath a guardrail of a public road or highway;

     (3)   unbound or mixed with other materials for use as a base or subbase material in accordance with applicable engineering designs;

     (4)   unbound as a surface material for a parking lot, farm road, or pathway, or in any other location as authorized by the Department of Environmental Protection; or

     (5)   in any other use authorized by the Department of Environmental Protection¹.

     b.    ¹[Unbound recycled asphalt pavement may be used as authorized in subsection a. of this section, provided that the user demonstrates to the Department of Environmental Protection that the environment in which the material is used has a pH level greater than four] A person shall not use recycled asphalt pavement as authorized in subsection a. of this section in an environment in which the pH is less than or equal to four, unless the person demonstrates to the Department of Environmental Protection that the level of any contaminant in the material is at or below a concentration such that, if leaching occurs, the dissolved concentration of the contaminant in the leachate is:

     (1)   at or below applicable drinking water quality standards established by the Department of Environmental Protection and the United States Environmental Protection Agency; and

     (2)   at or below all applicable groundwater quality standards established by the Department of Environmental Protection¹.

     c.     ¹[Recycled asphalt pavement may be used as authorized in subsection a. of this section in environments where the pH level is less than or equal to four if the user demonstrates to the Department of Environmental Protection that:

     (1)   releasable levels of polycyclic aromatic hydrocarbons and
metals in the material to be used are at or below all applicable drinking water quality standards established by the Department of Environmental Protection and the United States Environmental Protection Agency; or

     (2)  releasable levels of polycyclic aromatic hydrocarbons and metals in the material to be used are above drinking water quality standards established by the Department of Environmental Protection and the United States Environmental Protection Agency, and a soil layer at a depth determined by the Department of Environmental Protection is installed between the recycled asphalt pavement and the groundwater aquifer] If a person fails to demonstrate to the Department of Environmental Protection pursuant to subsection b. of this section that the dissolved concentration of any contaminant in the leachate of recycled asphalt pavement proposed for use in an environment in which the pH is less than or equal to four, is at or below the drinking water quality standards established by the Department of Environmental Protection and the United States Environmental Protection Agency and the applicable groundwater quality standards established by the Department of Environmental Protection, as a condition for the use of the recycled asphalt pavement, the department shall require the installation of a soil layer between the recycled asphalt pavement and the groundwater aquifer at a depth to be determined by the department¹.

     d.    The Department of Environmental Protection, in consultation with the Department of Transportation, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section.

 

     2.    This act shall take effect on the first day of the ninth month next following the date of enactment, except the Commissioner of Environmental Protection may take any anticipatory action in advance thereof as shall be necessary for the implementation of this act.