Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Senator Bateman
SYNOPSIS
Allows expanded use of recycled asphalt pavement.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of recycled asphalt pavement, and supplementing P.L.1987, c.102 (C.13:1E-99.11 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law, or any rule or regulation adopted pursuant thereto, to the contrary, recycled asphalt pavement may be used, subject to the limitations in subsections b. and c. of this section:
(1) unbound, as a surface material for a parking lot, farm road, or pathway, in quarry reclamation, or underneath a guardrail; or
(2) mixed with other materials as a base or subbase material.
b. Unbound recycled asphalt pavement may be used as authorized in subsection a. of this section, provided that the user demonstrates to the Department of Environmental Protection that the environment in which the material is used has a pH level greater than four.
c. Recycled asphalt pavement may be used as authorized in subsection a. of this section in environments where the pH level is less than or equal to four if the user demonstrates to the Department of Environmental Protection that:
(1) releasable levels of polycyclic aromatic hydrocarbons and metals in the material to be used are at or below all applicable drinking water quality standards established by the Department of Environmental Protection and the United States Environmental Protection Agency; or
(2) releasable levels of polycyclic aromatic hydrocarbons and metals in the material to be used are above drinking water quality standards established by the Department of Environmental Protection and the United States Environmental Protection Agency, and a soil layer at a depth determined by the Department of Environmental Protection is installed between the recycled asphalt pavement and the groundwater aquifer.
d. The Department of Environmental Protection, in consultation with the Department of Transportation, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section.
2. This act shall take effect
on the first day of the ninth month next following the date of enactment,
except the Commissioner of Environmental Protection may take any anticipatory
action in advance thereof as shall be necessary for the implementation of this
act.
STATEMENT
This bill would allow the expanded use of use of recycled asphalt pavement. The bill provides that recycled asphalt pavement may be used, subject to certain limitations, either (1) unbound, as a surface material for parking lots, farm roads, or pathways, in quarry reclamation, or underneath guardrails, or (2) mixed with other materials as a base or subbase material. The bill provides that unbound recycled asphalt pavement may be used as described above, provided that the user demonstrates to the Department of Environmental Protection (DEP) that the environment in which the material is used has a pH level greater than four. Also, the bill allows the use of recycled asphalt pavement in environments where the pH level is less than or equal to four if the user demonstrates to the DEP that (1) releasable levels of polycyclic aromatic hydrocarbons and metals in the material to be used are at or below drinking water quality standards established by the DEP and United States Environmental Protection Agency (EPA), or (2) releasable levels of polycyclic aromatic hydrocarbons and metals in the material to be used are above drinking water quality standards established by the DEP and EPA, and a soil layer at a depth determined by the DEP is installed between the recycled asphalt pavement and the groundwater aquifer.