Bill Text: NJ A3654 | 2010-2011 | Regular Session | Introduced
Bill Title: Changes the scope of public notification regarding contaminated site remediation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-06 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A3654 Detail]
Download: New_Jersey-2010-A3654-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Changes the scope of public notification regarding contaminated site remediation.
CURRENT VERSION OF TEXT
As introduced.
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.
