Bill Text: NJ S791 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires site remediation procedures for structures to be used for residential purposes; modifies procedures for structures to be used for child care and educational purposes, and sites previously used for agricultural purposes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S791 Detail]
Download: New_Jersey-2010-S791-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:
Senators Sweeney and Turner
SYNOPSIS
Requires site remediation procedures for structures to be used for residential purposes; modifies procedures for structures to be used for child care and educational purposes, and sites previously used for agricultural purposes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning contaminated property and amending and supplementing P.L.2007, c.1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in P.L.2007, c.1 (C.52:27D-130.4 et seq.):
"Area of concern," "contamination," "no further action letter," and "remediation" or "remediate" shall have the same meanings as provided in section 23 of P.L.1993, c.139 (C.58:10B-1).
"Contaminated site" means any real property on which there is contamination.
"Educational purposes" means for the purposes of a private school or public school as defined in N.J.S.18A:1-1, or a charter school as defined pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).
2. (New section) a. No construction permit shall be issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130.5) for the construction of any building or structure to be used for residential purposes on a site that was previously used for industrial, storage, agricultural, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et al.), except after submission by the applicant to the construction official of documentation sufficient to establish that the Department of Environmental Protection has approved a remedial action workplan for the entire site or that the site has been remediated consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) and a no further action letter has been issued by the Department of Environmental Protection for the entire site.
b. No construction permit shall be issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) for the reconstruction, alteration, conversion, or repair of any building or structure for its conversion to residential purposes if the building or structure was previously used for industrial, storage, agricultural, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et al.), except after submission by the applicant to the construction official of documentation sufficient to establish that the Department of Environmental Protection has approved a remedial action workplan for the building or structure or that the building or structure has been remediated consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) and a no further action letter has been issued by the Department of Environmental Protection for the building or structure.
c. Notwithstanding the provisions of subsections a. and b. section to the contrary, a construction permit may be issued for the construction or alteration of any building or structure to be used for residential purposes on a site that was previously used for industrial, storage, agricultural, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et al.), if the construction permit is necessary to remediate the site or any building or structure to be used for residential purposes, consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) in order to obtain a no further action letter from the Department of Environmental Protection.
A construction permit issued pursuant to this subsection shall be limited to the construction or alterations necessary to develop a remedial action workplan to be submitted to the Department of Environmental Protection for approval or to remediate the site consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) and receive a no further action letter from the Department of Environmental Protection for the building or structure, or the site, as appropriate.
d. The appropriate enforcing agency shall not grant a certificate of occupancy for any building or structure to be used for residential purposes that received a construction permit pursuant to subsection c. of this section, except after submission by the applicant to the construction official of documentation sufficient to establish that the site or the building or structure has been remediated consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) and a no further action letter has been issued by the Department of Environmental Protection for the site or the building or structure, as appropriate.
3. Section 2 of P.L.2007, c.1 (C.52:27D-130.5) is amended to read as follows:
2. a. (1) No construction permit shall be issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) for the reconstruction, alteration, conversion, or repair of any building or structure to be used for a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), or for educational purposes, if that building or structure was previously used for industrial, storage, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or is on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et al.), except upon the submission of the certification issued by the Department of Health and Senior Services pursuant to section 1 of P.L.2007, c.1 (C.52:27D-130.4) to the construction official by the applicant, that the building or structure has been evaluated and assessed for contaminants, and that the building or structure is safe for use as a child care center licensed pursuant to the provisions of P.L.1983, c.492, or for educational purposes.
(2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary, a construction permit may be issued for the construction or alteration of any building or structure to be used as a child care center licensed pursuant to the provisions of P.L.1983, c.492, or for educational purposes, if the construction permit is necessary to perform work in the building or structure in order to comply with the rules and regulations adopted pursuant to subsection a. of section 1 of P.L.2007, c.1 (C.52:27D-130.4) and obtain the certification issued by the Department of Health and Senior Services pursuant to subsection c. of section 1 of P.L.2007, c.1 (C.52:27D-130.4).
A construction permit issued pursuant to this paragraph shall be limited to the construction or alterations necessary to comply with the rules and regulations adopted pursuant to subsection a. of section 1 of P.L.2007, c.1 (C.52:27D-130.4).
(3) The appropriate enforcing agency shall not grant a certificate of occupancy for any building or structure to be used as a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), or for educational purposes, that received a construction permit pursuant to paragraph (2) of this subsection, except upon the submission of the certification issued by the Department of Health and Senior Services pursuant to subsection c. of section 1 of P.L.2007, c.1 (C.52:27D-130.4) to the construction official by the applicant, that the building or structure has been evaluated and assessed for contaminants, and that the building or structure is safe for use as a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), or for educational purposes.
b. (1) No construction permit shall be issued for the construction or alteration of any building or structure to be used as a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), or for educational purposes, on a site that was previously used for industrial, storage, agricultural, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et al.), except after submission by the applicant to the construction official of documentation sufficient to establish that the Department of Environmental Protection has approved a remedial action workplan for [the entire site] the structure or facility to be used for child care or educational purposes and any area of concern on which the structure or facility is located, including the land on which the structure or facility may be erected and which may be necessary for the fair enjoyment thereof or that [the site] the structure or facility and area of concern has been remediated consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12), and a no further action letter has been issued by the Department of Environmental Protection for the [entire site] structure or facility and area of concern.
(2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary, a construction permit may be issued for the construction or alteration of any building or structure to be used as a child care center licensed pursuant to the provisions of P.L.1983, c.492, or for educational purposes, on a site that was previously used for industrial, storage, agricultural, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et al.), if the construction permit is necessary to remediate the site, area of concern, or the structure or facility to be used for child care or educational purposes, consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) in order to obtain a no further action letter from the Department of Environmental Protection.
A construction permit issued pursuant to this paragraph shall be limited to the construction or alterations necessary to develop a remedial action workplan to be submitted to the Department of Environmental Protection for approval or to remediate the [site] structure or facility to be used for child care or educational purposes, and any area of concern on which the structure is located, including the land on which the structure or facility may be erected and which may be necessary for the fair enjoyment thereof, consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) and receive a no further action letter from the Department of Environmental Protection.
(3) The appropriate enforcing agency shall not grant a certificate of occupancy for any building or structure to be used as a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.), or for educational purposes, that received a construction permit pursuant to paragraph (2) of this subsection, except after submission by the applicant to the construction official of documentation sufficient to establish that the [site] structure or facility to be used for child care or educational purposes and any area of concern on which the structure is located, including the land on which the structure or facility may be erected and which may be necessary for the fair enjoyment thereof has been remediated consistent with the remediation standards and other remediation requirements established pursuant to section 35 of P.L.1993, c.139 (C.58:10B-12) and a no further action letter has been issued by the Department of Environmental Protection for [the entire site] any structure or facility and area of concern.
c. [As used in this section: "contaminated site" means any real property on which there is contamination; "contamination," "remediation" or "remediate," and "no further action letter" shall have the same meanings as provided in section 23 of P.L.1993, c.139 (C.58:10B-1); and "educational purposes" means for the purposes of a private school or public school as defined in N.J.S.18A:1-1, or a charter school as defined pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).] Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.1, s.2)
4. This act shall take effect immediately.
STATEMENT
This bill would amend and supplement the law concerning the issuance of construction permits for sites that are contaminated or are suspected of being contaminated when the site is to be used for educational or day care purposes. This bill adds a new provision that would require as a precondition to the issuance of a construction permit for residential construction, that any site that was previously used for industrial, storage, agricultural, or high hazard purposes, as a nail salon, dry cleaning facility, or gasoline station, or on a contaminated site, on a site on which there is suspected contamination, or on an industrial site that is subject to the provisions of the "Industrial Site Recovery Act," that the applicant establish that the Department of Environmental Protection (DEP) has approved a remedial action workplan for the entire site or that the site has been remediated and a no further action letter has been issued. This bill would also require that as a precondition to the issuance of a construction permit for the conversion of an existing building to residential purposes, located on an above-mentioned site, that the applicant establish that the DEP has approved a remedial action workplan or that the building has been remediated and a no further action letter has been issued.
This bill would also add agricultural use to the list of prior uses that would result in the remediation requirements that must be met prior to the issuance of a construction permit for day care centers or facilities used for educational purposes. Finally, the bill would amend the current law to authorize the issuance of a construction permit for a child care center or for a building used for education purposes upon approval of a remedial action workplan for the facility or structure and the area of concern rather than upon a remediation of the entire site.
