Bill Text: NJ S2468 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs DEP to adopt standards for drinking water contaminants based upon recommendations of Drinking Water Quality Institute.*
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2016-09-08 - Referred to Senate Budget and Appropriations Committee [S2468 Detail]
Download: New_Jersey-2016-S2468-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Directs DEP to adopt standards for certain drinking water contaminants as recommended by Drinking Water Quality Institute.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning standards for certain drinking water contaminants and supplementing P.L.1977, c.224 (C.58:12A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the maintenance of high quality potable water is essential in order to safeguard the health and welfare of the people of the State. Recognizing this, in 1977, the Legislature passed the "Safe Drinking Water Act," which, among other things, directed the New Jersey Department of Environmental Protection to adopt and enforce State primary drinking water regulations. In 1983, amendments to the act created the Drinking Water Quality Institute, a panel of experts tasked with developing standards for hazardous contaminants in drinking water and recommending those standards for adoption by the department. The 1983 amendments also directed the department, after considering the recommendations of the institute, to establish standards for 22 listed organic compounds and any other contaminants that are present in New Jersey drinking water and may be harmful to human health.
The Legislature further finds and declares that, despite the State's strides in improving the quality of drinking water, today, many contaminants remain unregulated, including several specified in the 1983 amendments. Since at least 2005, the department has failed to adopt new or more stringent standards for approximately 16 contaminants, even though the institute has made recommendations concerning those contaminants. The institute's recommendations include new or more stringent standards for: perchlorate, a hazardous industrial chemical used in the production of explosives; radon-222, a radioactive gas and known human carcinogen; and formaldehyde, an organic compound used in embalming to temporarily preserve human and animal remains. Most recently, the institute recommended a standard for perfluorononanoic acid (PFNA), a hazardous organic chemical recently detected in the drinking water supplies of several townships in southern New Jersey.
The Legislature further finds and declares that, as the agency responsible for ensuring the safety of the State's drinking water supply, the department has a duty to adopt new and more stringent drinking water standards when doing so would protect the health and welfare of New Jersey residents and visitors. The institute's recommendations are based on the latest scientific information concerning the health effects of, and testing and treatment methods for, various contaminants. As such, the recommendations of the institute should be swiftly considered and adopted by the department.
2. a. Notwithstanding the provisions of section 2 of P.L.1983, c.443 (C.58:12A-13) or the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner shall adopt, within 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the standards for the following drinking water contaminants, as recommended by the Drinking Water Quality Institute:
(1) Perchlorate, recommended in October 2005;
(2) Radon-222, recommended in February 2009;
(3) Benzene, recommended in March 2009;
(4) Carbon tetrachloride, recommended in March 2009;
(5) 1,3-dichlorobenzene, recommended in March 2009;
(6) 1,4-dichlorobenzene, recommended in March 2009;
(7) 1,2-dichloroethane, recommended in March 2009;
(8) Formaldehyde, recommended in March 2009;
(9) n-Hexane, recommended in March 2009;
(10) Methyl ethyl ketone, recommended in March 2009;
(11) Vinyl chloride, recommended in March 2009;
(12) DCPA and degradates, as recommended in March 2009;
(13) 1,1-dichloroethane, recommended in March 2009;
(14) 1,1,2-trichloroethane, recommended in March 2009;
(15) 1,2,3-trichloropropane, recommended in March 2009; and
(16) perfluorononanoic acid, recommended in July 2015.
b. The commissioner may adopt more stringent standards for the drinking water contaminants listed in subsection a. of this section, upon recommendation of the Drinking Water Quality Institute and in accordance with the provisions of section 2 of P.L.1983, c.443 (C.58:12A-13).
3. This act shall take effect immediately.
STATEMENT
This bill would direct the Department of Environmental Protection (DEP) to adopt standards for 16 hazardous drinking water contaminants, as recommended by the Drinking Water Quality Institute (DWQI). The bill would also permit the DEP to establish more stringent standards for those contaminants upon recommendation of the DWQI, and in accordance with the provisions of existing law.
In 1977, the Legislature passed the "Safe Drinking Water Act," which, among other things, directed the DEP to adopt and enforce State primary drinking water regulations. Amendments to that act in 1983 created the DWQI, a panel of experts tasked with developing standards for hazardous contaminants in drinking water and recommending those standards to the DEP. The 1983 amendments also directed the DEP, after considering the recommendations of the DWQI, to establish standards for 22 listed organic compounds and any other contaminants that are present in New Jersey drinking water and which may be harmful to human health.
Despite the State's strides in improving the quality of drinking water, today many contaminants remain unregulated, including several specified in the 1983 amendments. Since at least 2005, the DEP has failed to adopt new or more stringent standards for approximately 16 contaminants, even though the DWQI has made recommendations concerning those contaminants. The DWQI's recommendations include new or more stringent standards for: perchlorate, a hazardous industrial chemical used in the production of explosives; radon-222, a radioactive gas and known human carcinogen; and formaldehyde, an organic compound used in embalming to temporarily preserve human and animal remains. More recently, the DWQI has recommended a standard for perfluorononanoic acid, a hazardous organic chemical recently detected in the drinking water supplies of several townships in southern New Jersey.
As the agency responsible for ensuring the safety of the State's drinking water supply, the DEP has a duty to adopt new and more stringent drinking water standards when doing so would protect the health and welfare of New Jersey residents and visitors. The DWQI's recommendations are based on the latest scientific information concerning the health effects of, and testing and treatment methods for, various contaminants. As such, the recommendations of the DWQI should be swiftly considered and adopted by the DEP.
