S1369

An Act concerning the use of steel slag as an aggregate 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 rule or regulation adopted pursuant thereto, to the contrary, beginning 90 days after the effective date of this section , a person may use steel slag as an aggregate in any commercial or industrial development, and a licensed site remediation professional may authorize the use of steel slag as an aggregate in the remediation of a contaminated site, provided that the steel slag meets all applicable engineering or geotechnical standards and specifications, that such use is for a purpose enumerated in subsection b. of this section, and that the use does not cause the exceedance of any:

(1) drinking water quality standard established by the Department of Environmental Protection or the United States Environmental Protection Agency; or

(2) groundwater quality standard established by the Department of Environmental Protection.

Notwithstanding the provisions of any law, or any rule or regulation adopted pursuant thereto, to the contrary, the use of steel slag as alternative fill in the remediation of a contaminated site pursuant to this section shall not require prior written approval from the Department of Environmental Protection.

b. Steel slag may be used pursuant to subsection a. of this section only for the following purposes:

(1) as an aggregate in making cement, concrete, or bituminous mixes such as pavement surfaces, wearing and binder courses, bases, surface treatments, seal coats, slurry coats, and cold patch;

(2) as an anti-skid material or snow and ice control aggregate;

(3) for stabilized shoulders, banks, and select material surfacing, provided that, where slag is to be used for bank and erosion control adjacent to surface waters or other environmentally sensitive areas, an ecological evaluation, approved by the Department of Environmental Protection, is first performed;

(4) as engineered aggregate base, sub-base, and loadbearing courses;

(5) as railroad ballast;

(6) as a replacement for limestone for the neutralization of mine drainage and industrial discharge, provided that uses in, or adjacent to, water abide by all other applicable laws, rules, and regulations;

(7) as soil amendment to reduce the leachability of contaminants in the soil. A use pursuant to this paragraph shall be evaluated by either a licensed site remediation professional or the Department of Environmental Protection prior to its implementation;

(8) in controlled industrial uses, including, but not limited to, granular fills required for unpaved parking and storage areas, pipe and tank backfill, and berm construction;

(9) as a replacement for natural aggregate at steel mills;

(10) as cover material for roads to working surfaces at solid waste landfills;

(11) as roofing granules; and

(12) as cover material for the installation of solar collectors.

c. No later than 90 days after the effective date of this section , 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 concerning the use of steel slag as an aggregate as necessary in order to ensure the protection of the public health, safety, and the environment.

d. As used in this section:

“Aggregate” means a material formed from fragments or particles, which can be utilized in construction or other related industries.

“Alternative fill” means material to be used in a remedial action, which contains contaminants in excess of the most stringent soil remediation standards, site-specific alternative standards, or site-specific interim standards adopted pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12), and which does not contain free liquids. “Alternative fill” includes material that contains contaminants in excess of any standards, or action levels for contaminants without standards, promulgated by the Department of Environmental Protection.

“Contaminant” means the same as that term is defined in section 23 of P.L.1993, c.139 (C.58:10B-1).

“Hazardous waste” means the same as that term is defined in section 3 of P.L.1981, c.279 (C.13:1E-51).

“Licensed site remediation professional” means the same as that term is defined in section 23 of P.L.1993, c.139 (C.58:10B-1).

“Remedial action” means the same as that term is defined in section 23 of P.L.1993, c.139 (C.58:10B-1).

“Remediation” means the same as that term is defined in section 23 of P.L.1993, c.139 (C.58:10B-1).

“Steel slag” means the nonmetallic coproduct that results from the production of steel in an electric arc furnace, and that is:

(1) not a hazardous waste, as determined by the department;

(2) poured from the furnace in a molten state, cooled, and processed to remove free metallic compounds; and

(3) sold and distributed in the stream of commerce as an aggregate and managed as an item of value in a controlled manner, and is not discarded.

2. This act shall take effect immediately.

STATEMENT

This bill would authorize the use of steel slag as an aggregate for certain uses in industrial and commercial development and the remediation of contaminated sites.

Specifically, the bill would authorize a person to use steel slag as an aggregate in commercial or industrial development for one of the uses specified in subsection b. of section 1 of the bill. The bill would also allow a licensed site remediation professional to authorize the use of steel slag as an aggregate in the remediation of a contaminated site for one of the uses specified in subsection b. of section 1 of the bill. The bill would provide that the use of steel slag as alternative fill in the remediation of a contaminated site would not require prior written approval from the Department of Environmental Protection (DEP). Under the bill, any authorized use of steel slag would be prohibited from causing the exceedance of any drinking water quality standard or groundwater quality standard established by law, and any steel slag would be required to meet all applicable engineering or geotechnical standards and specifications.

The bill would also authorize the DEP to adopt rules concerning the use of steel slag as an aggregate, as necessary in order to ensure the protection of the public health, safety, and the environment.