Bill Text: NJ A1312 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires report and public hearing prior to DEP recommendation of site for inclusion on Superfund list.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2013-06-20 - Received in the Senate, Referred to Senate Environment and Energy Committee [A1312 Detail]
Download: New_Jersey-2012-A1312-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
SYNOPSIS
Requires report and public hearing prior to DEP recommendation of site for inclusion on Superfund list.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning contaminated sites, and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Environmental Protection shall, prior to the transmission of a recommendation to the United States Environmental Protection Agency regarding the inclusion of a site on the National Priorities List pursuant to the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. s.9605:
(1) Prepare a report that identifies the site under consideration for inclusion on the National Priorities List with a metes and bounds description, the lot and block number, and the street address including the municipality, describes the condition of the property, including discharged hazardous substances present at the site or that are suspected of being present at the site, assesses the risks to human health and the environment posed by the hazardous substances and the basis for that assessment, and presents the State's proposed recommendation regarding the site's inclusion on the National Priorities List;
(2) Transmit the report required to be prepared pursuant to paragraph (1) of this subsection at least 30 days in advance of the public hearing required pursuant to paragraph (4) of this subsection to the county executive, county manager, the freeholder director or chairperson, as appropriate to the form of county government, and each member of the board of chosen freeholders of the county in which the site is located, to the clerk of the municipality in which the site is located, and to each owner of all real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the site;
(3) Make the report required to be prepared pursuant to paragraph (1) of this subsection available upon request, at no cost, or at the cost of reproduction, to the public at least 30 days in advance of the date of the public hearing required pursuant to paragraph (4) of this subsection; and
(4) Conduct a public hearing on the proposed recommendation for inclusion of the site on the National Priorities List at least 60 days in advance of the date on which the State is to present its recommendation of the inclusion of the site on the National Priorities List to the U.S. Environmental Protection Agency. The public hearing shall be held in the municipality in which the site is located and notice shall be provided to each owner having a recorded interest in the property, to the county executive, county manager, the freeholder director or chairperson, as appropriate to the form of county government, and each member of the board of chosen freeholders of the county in which the site is located, to the clerk of the municipality in which the site is located, and to each owner of all real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the site by mail at least 21 days prior to the hearing, and by publication thereof once each week for two consecutive weeks in a newspaper of general circulation in the municipality or municipalities in which the site is located. The last publication of the notice shall be not less than 7 days prior to the date set for the hearing. At the hearing, the department shall present its proposed recommendation regarding the site's inclusion on the National Priorities List and shall accept public comments at the hearing and for 30 days thereafter.
b. After the 30-day public comment period has closed, the department may make its final decision regarding its recommendation to the U.S. Environmental Protection Agency for a site's inclusion on the National Priorities List. In reaching its decision, the department shall consider the testimony at the public hearing, the public comments, the mitigating and aggravating factors associated with listing the site on the National Priorities List including, but not limited to, the threats to the public health and the environment, the existence of a potentially responsible party for the contamination and that person's willingness and ability to perform the remediation, the delay that may occur should the site be listed on the National Priorities List, and the impact that the listing may have on the municipality in which the site is located.
c. At least seven days prior to the transmission of their recommendation to the U.S. Environmental Protection Agency regarding the inclusion of a site on the National Priorities List, the Department of Environmental Protection shall notify the county executive, county manager, the freeholder director or chairperson, as appropriate to the form of county government, and each member of the board of chosen freeholders of the county in which the site is located, the clerk of the municipality in which the site is located, the State Senator and members of the General Assembly who represent the municipality in which the site is located, of the State's decision and the reasons therefor.
2. For any site for which the Department of Environmental Protection has transmitted a recommendation to the United States Environmental Protection Agency prior to the date of enactment of this act but after January 1, 2006, the department shall comply with the provisions of subsection a. of section 1 of this act, shall reconsider its recommendation in conformance with the criteria provided in subsection b. of section 1 of this act, and shall transmit its reconsidered recommendation pursuant to the procedures provided in subsection c. of section of this act.
3. This act shall take effect immediately and shall be retroactive to apply to any site that has been proposed for inclusion on the National Priorities List on or after January 1, 2006.
STATEMENT
This bill would require the Department of Environmental Protection to, prior to the transmission of a recommendation to the United States Environmental Protection Agency (EPA) regarding the inclusion of a site on the National Priorities List (NPL) pursuant to the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. s.9605: (1) prepare a report identifying the site under consideration for inclusion on the NPL, describing the condition of the property, assessing the risks to human health and the environment posed by the hazardous substances and the basis for that assessment, and presenting the State's proposed recommendation regarding the site's inclusion on the NPL; (2) transmit the report at least 30 days in advance of the public hearing required pursuant to the bill to the county governing body, to the clerk of the municipality in which the site is located, and to each owner of all real property within 200 feet in all directions of the site; (3) make the report available to the public at least 30 days in advance of the date of the public hearing; and (4) conduct a public hearing on the DEP's proposed recommendation for inclusion of the site on the NPL at least 60 days in advance of the date on which the State is to make its recommendation to the EPA. The bill requires that after the 30-day public comment period has closed, the DEP may make its final decision regarding its recommendation to the EPA for a site's inclusion on the NPL. In reaching its decision, the department is required to consider the testimony at the public hearing, the public comments, the mitigating and aggravating factors associated with listing the site including, but not limited to, the threats to the public health and the environment, the existence of a potentially responsible party for the contamination and that person's willingness and ability to perform the remediation, the delay that may occur should the site be listed on the NPL, and the impact that the listing may have on the municipality in which the site is located. Finally, the bill requires that at least seven days prior to the transmission of their recommendation to the EPA, the DEP shall notify the county and municipal government officials, and the State Senator and members of the General Assembly who represent the municipality in which the site is located, of the State's decision and the reasons therefor. The bill's provisions would be retroactive to apply to any site that has been proposed for inclusion on the NPL on or after January 1, 2006.
