A5568

An Act concerning public notification of contaminated site remediation, amending P.L.2006, c.65, and supplementing Title 58 of the Revised Statutes.

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

1. (New section) This act shall be known and may be cited as the “Contaminated Site Remediation Transparency Act.”

2. (New section) a. The Legislature finds and declares that:

(1) residents, tenants, and property owners located near contaminated sites may experience adverse environmental and public health impacts associated with site remediation activities, including contaminant migration, groundwater contamination, increased truck traffic, increased noise, and air pollution;

(2) overburdened communities are particularly susceptible to these harms because these communities are more likely to be located in close proximity to multiple contaminated sites; and

(3) environmental and public health risks associated with contaminated site remediation may be experienced by residents, tenants, and property owners located beyond the current public notification radius.

b. The Legislature therefore determines that expanding public notification requirements for contaminated site remediation activities from 200 feet to one mile of a contaminated site boundary will improve public transparency, community awareness, and emergency preparedness in connection with site remediation activities.

3. (New section) a. No later than 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Environmental Protection shall adopt rules and regulations requiring the notification of any local property owners and tenants who reside within one mile of the remediation of a contaminated site. The rules and regulations shall address, but not be limited to, the following topics:

(1) notification and updates to local property owners and tenants prior to remedial investigation activities;

(2) notification and fact sheet distribution requirements concerning off-site contamination migration;

(3) biennial remediation status notifications;

(4) notification concerning the use of alternative fill material; and

(5) any related or corresponding notification, public outreach, or public information provisions contained in N.J.A.C.7:26C-1.7, or any successor regulation, and other applicable provisions of the New Jersey Administrative Code that concern notifying the public of the remediation of a contaminated site.

b. The rules and regulations adopted pursuant to this section shall apply to contaminated site remediation activities that occur on and after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. 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] one mile of the contaminated site. The notification shall summarize site conditions and provide information about actions being taken to remediate the site. The department may require written notification or the posting of a sign visible to the public which shall be located on the boundaries of the contaminated site, or both.

c. A person responsible for conducting a remediation shall respond to any written or email inquiries from the public regarding the status of the remediation that the person receives, or that the department receives and forwards to the person responsible for conducting the remediation, by providing either: (1) information or documents that are responsive to the public inquiry; or (2) a written summary status report for the remediation, which shall be made in a form and manner as prescribed by the department pursuant to rules and regulations. A person responsible for conducting a remediation may designate a licensed site remediation professional to respond to public inquiries pursuant to this subsection.

(cf: P.L.2019, c.263, s.13)

5. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Commissioner of Environmental Protection is authorized to adopt immediately upon filing with the Office of Administrative Law rules and regulations necessary to implement this act. The rules and regulations adopted pursuant to this section shall be effective for a period not to exceed 18 months following the date of filing and may thereafter be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

6. This act shall take effect immediately.

STATEMENT

This bill, to be known as the “Contaminated Site Remediation Transparency Act,” expands public notification requirements for contaminated site remediation activities.

Under current law, a person responsible for conducting a remediation of a contaminated site is required to provide written notification to local property owners and tenants who reside within 200 feet of the contaminated site. This bill expands that notification radius from 200 feet to one mile of the contaminated site.

The bill also requires the Department of Environmental Protection to adopt rules and regulations expanding public notification requirements for contaminated site remediation activities from 200 feet to one mile of a contaminated site boundary, including amendments to N.J.A.C.7:26C-1.7 and any other applicable provisions of the New Jersey Administrative Code.

The rules and regulations would apply to: notification and updates to local property owners and tenants prior to remedial investigation activities; notification and fact sheet distribution requirements concerning off-site contamination migration; biennial remediation status notifications; notification concerning the use of alternative fill material; and any related or corresponding notification, public outreach, or public information provisions contained in N.J.A.C. 7:26C-1.7 or any other applicable provision of the New Jersey Administrative Code.

The bill provides that the expanded notification requirements would apply to both new and ongoing contaminated site remediation activities.