Bill Text: NJ A4880 | 2016-2017 | Regular Session | Amended
Bill Title: Amends law to limit DEP's direct oversight of remediation of portion of contaminated site under certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2018-01-05 - Reported from Senate Committee with Amendments, 2nd Reading [A4880 Detail]
Download: New_Jersey-2016-A4880-Amended.html
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
SYNOPSIS
Amends law to limit DEP's direct oversight of remediation of portion of contaminated site under certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on January 5, 2018, with amendments.
An Act concerning the remediation of certain contaminated sites and amending P.L.2009, c.60.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 27 of P.L.2009, c.60 (C.58:10C-27) is amended to read as follows:
27. a. Except as otherwise provided in subsection f. of this section or section 1 of P.L.2013, c.283 (C.58:10C-27.1), as applicable, the department shall undertake direct oversight of a remediation of a contaminated site under the following conditions:
(1) the person responsible for conducting the remediation has a history of noncompliance with the laws concerning remediation, or any rule or regulation adopted pursuant thereto, that includes the issuance of at least two enforcement actions after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.) during any five-year period concerning a remediation;
(2) the person responsible for conducting the remediation at a contaminated site has failed to meet a mandatory remediation timeframe or an expedited site specific timeframe adopted by the department pursuant to section 28 of P.L.2009, c.60 (C.58:10C-28), including any extension thereof granted by the department, or a schedule established pursuant to an administrative order or court order; or
(3) unless a longer period has been ordered by a court, the person responsible for conducting the remediation has, prior to the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), failed to complete the remedial investigation of the entire contaminated site 10 years after the discovery of a discharge at the site and has failed to complete the remedial investigation of the entire contaminated site within five years after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.).
As used in this subsection, "enforcement action" means an administrative order, a notice of civil administrative penalty, or a court order.
b. The department may undertake direct oversight of a remediation of a contaminated site under the following conditions:
(1) the contamination at the site includes chromate chemical production waste;
(2) the department determines that more than one environmentally sensitive natural resource has been injured by contamination from the site;
(3) the site has contributed to sediments contaminated by polychlorinated biphenyl, mercury, arsenic, or dioxin in a surface water body; or
(4) the site is ranked by the department in the category requiring the highest priority pursuant to the ranking system developed pursuant to section 2 of P.L.1982, c.202 (C.58:10-23.16).
c. For any site subject to direct oversight by the department pursuant to this section:
(1) the department shall review each document submitted by a licensed site remediation professional and shall approve or deny the submission;
(2) a feasibility study shall be performed and submitted to the department for approval;
(3) the department shall select the remedial action for the site;
(4) the person responsible for conducting the remediation shall establish a remediation trust fund pursuant to section 25 of P.L.1993, c.139 (C.58:10B-3) in the amount of the estimated cost of the remediation;
(5) all disbursements of funds from the remediation trust fund shall require prior approval by the department;
(6) all submissions prepared by the licensed site remediation professional concerning the remediation required by the department shall be provided simultaneously to the department and the person responsible for conducting the remediation; and
(7) the person responsible for conducting the remediation shall implement a public participation plan approved by the department to solicit public comment from the members of the surrounding community concerning the remediation of the site.
d. The department shall issue guidelines establishing specific criteria for the conditions under which a site may be subject to direct oversight pursuant to subsection b. of this section.
e. (1) Any oversight procedure, remedy, or other obligation in P.L.2009, c.60 (C.58:10C-1 et al.) shall not affect a remediation conducted pursuant to and in compliance with a settlement of litigation to which the department is a party if the settlement (a) occurred prior to the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), or (b) is a settlement of litigation pending on the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.).
(2) For any litigation pending or settled on the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), concerning a remediation performed pursuant to the "Resource Conservation and Recovery Act," 42 U.S.C. s.6921 et seq., nothing in P.L.2009, c.60 (C.58:10C-1 et al.) shall affect an oversight procedure, remedy, or other obligation imposed by a federal administrative order or federal court order.
f. For any site subject to direct oversight by the department pursuant to subsection a. of this section, the department shall not undertake direct oversight for that portion of a site where 1:
(1)1 a remedial action workplan and any amendments thereto 1[: (1)]
(a)1 have been approved by the licensed site remediation professional responsible for the implementation of the remediation of the site, and
1[(2)] (b)1 comply with the requirements set forth in subsection c. of section 14 of P.L.2009, c.60 (C.58:10C-14) 1; and
(2) the person responsible for conducting the remediation
(a) complies with all applicable timeframes established by the department for the implementation of the remedial action, and
(b) establishes and maintains a remediation funding source pursuant to section 25 of P.L.1993, c.139 (C.58:10B-3) in the amount necessary to pay the estimated cost of the required remediation, as determined by the licensed site remediation professional responsible for the implementation of the remediation of the site and approved by the department, except that the remediation funding source required pursuant to this subparagraph shall not be a self-guarantee1 .
Nothing in this subsection shall limit the authority of the department pursuant to section 21 of P.L.2009, c.60 (C.58:10C-21).
(cf: P.L.2013, c.283, s.2)
2. This act shall take effect immediately.
