CHAPTER 65
An Act concerning contaminated sites, and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
C.58:10B-24.1 Written notification of contaminated site remediation to municipal clerk; exception.
1. a. Upon initiation of the remedial action phase of the remediation of a contaminated site, any person who is responsible for conducting a remediation of the contaminated site, including the Department of Environmental Protection when it conducts a remediation of a contaminated site using public monies, shall provide written notification describing the activities that are to take place at the contaminated site to the clerk of the municipality wherein the site is located. The written notice shall include notice of the location of the contaminated site, including address and the lot and block number of the contaminated site. The written notice shall also inform the municipality that it may receive a copy of the remedial action workplan and any updates or status reports from the responsible party, upon request. For any remediation of a contaminated site that will take longer than two years to complete, notification shall be provided every two years until remediation is complete.
b. Notice required pursuant to this section shall not be required when the remediation of a contaminated site is caused by a leaking residential underground storage tank used to store heating oil for on-site consumption in a one to four family residential building or an emergency response action.
C.58:10B-24.2 Copy of remedial action workplan to municipality.
2. Upon request of a municipality, any person who is responsible for conducting a remediation of a contaminated site shall submit a copy of a remedial action workplan and any updates or status reports pursuant to the “Industrial Site Recovery Act,” P.L.1983, c.330 (C.13:1K-6 et seq.), the “Brownfield and Contaminated Site Remediation Act,” P.L.1997, c.278 (C.58:10B-1.1 et al.), or the “Spill Compensation and Control Act,” P.L.1976, c.141 (C.58:10-23.11 et seq.) to the clerk of the municipality wherein the contaminated site is located at the same time as the workplan is submitted to the Department of Environmental Protection.
C.58:10B-24.3 Notification to public of remediation of contaminated site; requirements.
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 the contaminated site. The notification shall summarize site conditions and provide information about actions being taken to remediate the site and 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.
C.58:10B-24.4 Definitions relative to remediation of contaminated sites.
4. For the purposes of P.L.2006, c.65 (C.58:10B-24.1 et seq.):
“Person responsible for conducting the remediation” means any person who executes or is otherwise subject to an oversight document.
“Oversight document” means any document the Department of Environmental Protection or a court issues to define the role of a person participating in the remediation of a contaminated site or are of concern, and may include, without limitation, an administrative order, administrative consent order, court order, memorandum of understanding, memorandum of agreement, or remediation agreement.
C.58:10B-24.5 Notification to municipalities of master list of known hazardous discharge sites; DEP website.
5. Within 30 days after the date of enactment of this act, the Department of Environmental Protection shall notify the governing body of each municipality in the State of the existence of the New Jersey master list of known hazardous discharge sites prepared pursuant to P.L.1982, c.202 (C.58:10-23.15 et seq.). The department shall notify the governing body of each municipality in the State that this list is also made available to the public on the Internet website maintained by the Department of Environmental Protection.
6. This act shall take effect immediately.
Approved August 2, 2006.