Bill Text: NJ S3996 | 2018-2019 | Regular Session | Introduced


Bill Title: Directs DEP to establish program prohibiting discharge of preproduction plastics into State waters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-06-24 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3996 Detail]

Download: New_Jersey-2018-S3996-Introduced.html

SENATE, No. 3996

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 24, 2019

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Directs DEP to establish program prohibiting discharge of preproduction plastics into State waters.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the discharge of preproduction plastic material into the waters of the State, and supplementing Title 58 of the Revised Statutes.

 

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

 

     1.    The Legislature finds and declares that the discharge of plastic and products made of plastic into the waters of the State is part of an increasing national and international problem jeopardizing marine life and wildlife; that thermoplastic resin pellets, plastic powders, and plastic production scrap is a significant part of this discharge; that resin pellets, plastic powders, and plastic production scrap can be mistaken as food by marine life and wildlife; that an estimated 60 billion pounds of resin pellets are manufactured annually in the United State alone; and that curtailing the discharge of preproduction plastics into the waters of the State could importantly contribute to the protection of the environment, marine life, and wildlife from the proliferation of plastic waste in the environment.

     The Legislature therefore determines that the State shall join efforts in California by curtailing, within the State's jurisdiction, the discharge of preproduction plastics through a Department of Environmental Protection program to prohibit point and nonpoint sources of the discharge of preproduction into State waters.

 

     2.    a.   The Department of Environmental Protection shall develop and implement a program to control and prohibit the discharge of preproduction plastic into the waters of the State from point and nonpoint sources.

     b.    At a minimum, the program shall require:

     (1)   control measures that include waste discharge, monitoring, and reporting requirements that target plastic manufacturing, plastic products manufacturing, plastic product handling, and transportation facilities;

     (2)   plastic manufacturing, plastic products manufacturing, plastic product handling, and transportation facilities to implement best management practices for the control of preproduction plastic discharges, as established by the department; and

     (3)   the incorporation of best management practices into permits issued pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.) to plastic manufacturing, plastic products manufacturing, plastic product handling, and transportation facilities.

     c.     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 necessary for the implementation of this act.

     d.    For the purposes of this section:

     "Department" means the Department of Environmental Protection.

     "Preproduction plastic" means plastic pellets, powders, scrap, or other plastic materials used in the production of products made out of plastic. The term "preproduction plastic" shall include any materials known or referred to as nurdles, plastic powders, plastic production scrap, resin pellets, and thermoplastic resin pellets.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill directs the Department of Environmental Protection (DEP) to develop and implement a program to control and prohibit the discharge of preproduction plastic into the waters of the State from point and nonpoint sources.  The bill specifies that, at a minimum, the program shall require:

     (1)   control measures that include waste discharge, monitoring, and reporting requirements that target plastic manufacturing, plastic products manufacturing, plastic product handling, and transportation facilities;

     (2)   plastic manufacturing, plastic products manufacturing, plastic product handling, and transportation facilities to implement best management practices for the control of preproduction plastic discharges, as established by the department; and

     (3)   the incorporation of department best management practices into permits issued to pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.) to plastic manufacturing, plastic products manufacturing, plastic product handling, and transportation facilities.

     The bill defines "preproduction plastic" as any plastic pellets, powders, scrap, or other plastic materials used in the production of products made out of plastic.  The term "preproduction plastic" would include any materials known or referred to as nurdles, plastic powders, plastic production scrap, resin pellets, and thermoplastic resin pellets.

     Finally, the bill directs the DEP to adopt any rules or regulations necessary for the implementation of the bill's provisions.

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