S2199

An Act concerning contaminated sites, and amending P.L.2006, c.65.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2006, c.65 (C.58:10B-24.1) is amended to read as follows:

1. a. [Upon] Prior to the 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 and to the county health department and the certified local health agency 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, county health department, and certified local health agency that [it] they may receive a copy of the remedial action workplan and any updates or status reports , and a copy of the site health and safety plan, 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.

(cf: P.L.2006, c.65, s.1)

2. Section 2 of P.L.2006, c.65 (C.58:10B-24.2) is amended to read as follows:

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.) , and a copy of the site health and safety plan, 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. Upon request of a county health department or a certified local health agency, the person who is responsible for conducting a remediation of a contaminated site shall also submit a copy of the remedial action workplan and any updates or status reports, and a copy of the site health and safety plan, to the county health department or certified local health agency, respectively.

(cf: P.L.2006, c.65, s.2)

3. Section 4 of P.L.2006, c.65 (C.58:10B-24.4) is amended to read as follows:

4. For the purposes of P.L.2006, c.65 (C.58:10B-24.1 et seq.):

“Certified local health agency” means a “certified local health agency” as defined in section 3 of P.L.1977, c.443 (C.26:3A2-23).

["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.

"Person who is responsible for conducting a remediation" means any person who executes or is otherwise subject to an oversight document.

“Site health and safety plan” means a plan that specifies the on-site emergency actions to be taken and a delineation of local emergency services that would be required from police, fire, emergency, medical services, and public health response teams.

(cf: P.L.2006, c.65, s.4)

4. Section 5 of P.L.2006, c.65 (C.58”10B-24.5) is amended to read as follows:

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 and each county health department and certified local health agency 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 and each county health department and certified local health agency that this list is also made available to the public on
the Internet website maintained by the Department of Environmental Protection.

(cf: P.L.2006, c.65, s.5)

5. This act shall take effect immediately.

STATEMENT

This bill would amend current law to require any person who performs a remediation of a contaminated site, including the Department of Environmental Protection when it conducts a remediation of a contaminated site using public monies, to provide to the county health department and certified local health agency of the county in which the contaminated site is located, a written notice of the location of the contaminated site. The bill would amend current law to require any person who is responsible for conducting a remediation of a contaminated site to submit a copy of a remedial action workplan and a copy of the site health and safety plan to the county health department and certified local health agency. The bill would also amend current law to require the Department of Environmental Protection to notify each county health department and certified local health agency of the existence of the New Jersey master list of known hazardous discharge sites. As defined in this act, a site health and safety plan means a plan that specifies the on-site emergency actions to be taken and a delineation of local emergency services that would be required from police, fire, emergency, medical services, and public health response teams.

Current law requires any person who performs a remediation of a contaminated site to provide to the clerk of each municipality in which the contaminated site is located, a written notice of the location of the contaminated site. Current law also requires any person who is responsible for conducting a remediation of a contaminated site to submit, upon request, a copy of a remedial action workplan to the clerk of the municipality wherein the site is located. In addition, current law also requires the Department of Environmental Protection to notify the governing body of each municipality of the existence of the New Jersey master list of known hazardous discharge sites.