Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblywoman Voss and Assemblyman Diegnan
Requires State Soil Conservation Committee to adopt standards concerning soil restoration measures.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on May 13, 2010, with amendments.
An Act concerning 1[post-construction]1 soil restoration 1measures1 and amending and supplementing P.L.1975, c.251.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1975, c.251 (C.4:24-41) is amended to read as follows:
3. For the purposes of this act, unless the context clearly indicates a different meaning:
a. "Application for development" means a proposed subdivision of land, site plan, conditional use zoning variance, planned unit development or construction permit.
b. "Certification" means (1) a written endorsement of a plan for soil erosion and sediment control by the local Soil Conservation District which indicates that the plan meets the standards promulgated by the State Soil Conservation Committee pursuant to this act, (2) that the time allotted in section 7 of this act has expired without action by the district or (3) a written endorsement of a plan filed by the State Department of Transportation with the district.
c. "District" means a Soil Conservation District organized pursuant to chapter 24 of Title 4 of the Revised Statutes.
d. "Disturbance" means any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion , or 1[which may result in accelerated movement of sediment due to]1 compaction of soil 1which degrades soil so as to make it less conducive to vegetative stabiliation1 .
e. "Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
f. "Plan" means a scheme which indicates land treatment measures, including a schedule of the timing for their installation, to minimize soil erosion and sedimentation, and which specifies the soil restoration measures, consistent with the standards established by the committee pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) 1[, that will be applied after the completion of a project]1 .
g. "Project" means any disturbance of more than 5,000 square feet of the surface area of land (1) for the accommodation of construction for which the State Uniform Construction Code would require a construction permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under this act unless such unit is part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction permit application involving two or more such single-family dwelling units, (2) for the demolition of one or more structures, (3) for the construction of a parking lot, (4) for the construction of a public facility, (5) for the operation of any mining or quarrying activity, 1[or]1 (6) for the clearing or grading of any land for other than agricultural or horticultural purposes 1, or (7) for the installation of solar panels1 .
h. "Sediment" means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
i. "Soil" means all unconsolidated mineral and organic material of any origin.
j. "Standards" means the standards promulgated by the committee pursuant to this act.
k. "Committee" means the State Soil Conservation Committee in the Department of Agriculture established pursuant to R.S. 4:24-3.
l. "Public facility" means any building; pipeline; highway; electricity, telephone or other transmission line; or any other structure to be constructed by a public utility, municipality, county or the State or any agency or instrumentality thereof.
m. 1[“Responsible person” means any person who is responsible for supervising on-site land disturbance activities and soil restoration measures for sediment control associated with a project and who is trained and certified by the committee, or an organization designated by the committee, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)] “Soil restoration measures” means those measures taken to ensure, to the maximum extent possible, restoration of the optimal physical, chemical, and biological functions for specific soil types and the intended land use1 .
(cf: P.L.1979, c.459, s.1)
2. (New section) The committee shall, within one year 1[of] after1 the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and in consultation with the New Jersey Agricultural Experiment Station at Rutgers, the State University, the Secretary of Agriculture and the Commissioner of Environmental Protection, adopt standards pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) which shall 1modify the existing soil erosion and sediment control standards to1 include 1[the following:
a. Identification of the optimal physical, chemical and biological functions for specific soil types for the purpose of defining a full-functioning soil;
b. Soil amendment specifications and soil restoration standards for disturbed or compacted soil necessary to restore soil to the moisture-holding capacity of original undisturbed soil native to the site to the maximum extent practicable based on soil usage within the completed project;
c. Practical and cost-effective techniques to restore disturbed and compacted soils; and
d. Procedures for post-disturbance inspection and certification of compliance with the soil restoration standards] soil restoration measures1 .
1[3. (New section) a. The committee, in consultation with the New Jersey Agricultural Experiment Station at Rutgers, the State University, shall establish a soil health training and certification program for persons who will be responsible for supervising on-site land disturbance activities and soil restoration measures for sediment control associated with a project. The certification program shall provide responsible persons with training and information concerning at least the following:
(1) the impact of disturbed and compacted soils on water quality; and
(2) the standards established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to restore and sustain functioning soils on disturbed lands.
b. In establishing a training and certification program, the committee may:
(1) charge reasonable fees to cover costs associated with the certification process;
(2) designate one or more qualified organizations to train and certify responsible person and provide that a designated organization may charge fees to cover reasonable costs associated with the certification process; and
(3) recognize the training program of any person employing responsible person as meeting the certification criteria established by the committee.
(4) establish criteria regarding the attendance and completion of approved training courses in soil erosion and sediment control and soil restoration for responsible persons, including criteria for continuing education or recertification.]1
1[4. Section 5 of P.L.1975, c.251 (C.4:24-43) is amended to read as follows:
5. a. Approval of an application for development for any project by the State, any county, municipality, or any instrumentality thereof shall be conditioned upon certification by the local district of a plan for soil erosion and sediment control. Any person proposing to engage in any project not requiring approval by the State, any county, municipality, or any instrumentality thereof shall, prior to commencing such project, receive certification by the local district of a plan for soil erosion and sediment control. Any public utility, municipality, county or the State or any agency or instrumentality thereof, other than the State Department of Transportation, which proposes a project shall, prior to the construction of such project submit to and receive certification by the district of a plan for soil erosion and sediment control. The State Department of Transportation shall certify a plan for any project that it proposes to construct and shall file such certification with the district. Certification by the Department of Transportation shall be pursuant to soil erosion control standards developed jointly by the Department of Transportation, the Department of Environmental Protection and the committee and promulgated by the Department of Transportation.
b. A plan for soil erosion and sediment control shall (1) include measures for post-construction soil restoration which comply with the standards adopted by the committee pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and (2) identify at least one person who shall function as the responsible person.
(cf: P.L.1979, c.459, s.3)]1
1[5.] 3.1 This act shall take effect on the first day of the 13th month after the date of enactment.