Bill Text: NJ S691 | 2010-2011 | Regular Session | Introduced
Bill Title: Changes the scope of public notification regarding contaminated site remediation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S691 Detail]
Download: New_Jersey-2010-S691-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen, Essex and Passaic)
SYNOPSIS
Changes the scope of public notification regarding contaminated site remediation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning public notification of contaminated site remediation and amending P.L.2006, c.65.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2006, c.65 (C.58:10B-24.3) is amended to read as follows:
3. a. Any person who is responsible for conducting a remediation of a contaminated site shall be responsible for notifying the public of the remediation of the contaminated site pursuant to rules and regulations adopted by the Department of Environmental Protection pursuant to subsection b. of this section.
b. Within six months after the date of enactment of this act, the Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations setting forth the notice requirements pursuant to subsection a. of this section. The rules and regulations to be adopted by the department pursuant to this section shall require any person who is responsible for conducting a remediation of a contaminated site to provide written notification to any local property owners and tenants who reside within 200 feet of any area of concern within the contaminated site. The notification shall summarize site conditions and provide information about actions being taken to remediate the site [and] . The department may require written public notification or the posting of a sign visible to the public which shall be located on the boundaries of the contaminated site.
(cf: P.L.2006, c.65, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill changes the scope of the public notification required of any person responsible for conducting the remediation of a site that has been contaminated with any hazardous substance, hazardous waste or pollutant. Currently, a person is required to provide written notification, which includes a summary of the site conditions and information about actions being taken to remediate the site, to any local property owners and tenants who reside within 200 feet of the contaminated site. This bill changes this provision to require that written notification be made only to local property owners and tenants who reside within 200 feet of any "area of concern" within the contaminated site. Under the law, "area of concern" is defined as any location where contaminants are or were known or suspected to have been discharged, generated, manufactured, refined, transported, stored, handled, treated, or disposed, or where contaminants have or may have migrated.
