Bill Text: NJ S790 | 2010-2011 | Regular Session | Introduced
Bill Title: Creates crime of exposure to toxic pollutants.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S790 Detail]
Download: New_Jersey-2010-S790-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Co-Sponsored by:
Senator Sweeney
SYNOPSIS
Creates crime of exposure to toxic pollutants.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning toxic pollutants and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A person who, purposely or knowingly, unlawfully causes one or more people to be exposed, through inhalation, ingestion or absorption, to any toxic pollutant commits a crime of the second degree. A person who, recklessly, unlawfully causes one or more people to be exposed, through inhalation, ingestion or absorption, to any toxic pollutant commits a crime of the third degree.
As used in this section, "toxic pollutant" means any substance, whether discharged or released into water, air, or soil, included in the definition of "toxic pollutant" in subsection r. of section 3 of P.L.1977, c.74 (C.58:10A-3) and either Appendix A of N.J.A.C.7:14A-4 or 40C.F.R. s. 401.15.
Notwithstanding the above, a violation of this section shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S.2C:2-11 if the person demonstrates that the conduct involved no more than a minimal amount of toxic pollutant such that there was no reasonable medical possibility of harm to any person exposed to the pollutant.
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
The bill would create the crime of exposure to toxic pollutants. Under the provisions of the bill, a person who, purposely or knowingly, unlawfully causes one or more people to be exposed, through inhalation, ingestion or absorption, to any toxic pollutant commits a crime of the second degree. A person who recklessly violates the provisions of the bill is guilty of a crime of the third degree.
As used in the bill, "toxic pollutant" means any substance, whether discharged or released into the water, air or soil, included in the definition of "toxic pollutant" in subsection r. of section 3 of P.L.1977, c.74 (C.58:10A-3) and either Appendix A of N.J.A.C.7:14A-4 or 40C.F.R. s. 401.15. Subsection r. of section 3 of P.L.1977, c.74 (C.58:10A-3) is part of the State's Water Pollution Control Act and defines "toxic pollutant" as any pollutant identified pursuant to the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500; 33U.S.C. s.1251 et seq.), or any pollutant or combination of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly by ingestion through food chains, will, on the basis of information available to the Commissioner of Environmental Protection, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformation, in such organisms or their offspring. Appendix A of N.J.A.C.7:14A-4 and 40C.F.R. s.401.15 are administrative regulations that explain in detail what materials are included in the definition of "toxic pollutant" in subsection r. of section 3 of P.L.1977, c.74 (C.58:10A-3).
Crimes of the second degree are punishable by five to 10 years in prison, a fine of up to $150,000, or both. Crimes of the third degree are punishable by three to five years in prison, a fine of up to $15,000, or both.
The bill also provides that a violation shall be deemed a de minimis infraction subject to dismissal if the person demonstrates that the conduct involved no more than a minimal amount of toxic pollutant such that there was no reasonable medical possibility of harm to any person exposed to the pollutant.
