ASSEMBLY ENVIRONMENT AND SOLID WASTE COMMITTEE
ASSEMBLY, No. 3367
STATE OF NEW JERSEY
DATED: OCTOBER 15, 2012
The Assembly Environment and Solid Waste Committee reports favorably Assembly Bill No. 3367.
This bill would provide that the owner or operator of an industrial establishment applying for a de minimis exemption from the “Industrial Site Recovery Act” (ISRA), pursuant to section 9 of P.L.1993, c.139 (C.13:1K-9.7), would be required to certify to the Department of Environmental Protection (DEP) that the owner or operator does not have actual knowledge of any contamination at the industrial establishment above remediation standards.
Under current law, the owner or operator of an industrial establishment may apply for an exemption from the investigatory and remedial requirements of ISRA that apply when transferring or closing an industrial establishment, if the owner or operator’s use of hazardous substances at the site never exceeded certain de minimis levels. The DEP adopted rules at N.J.A.C.7:26B-5.9 requiring that an owner or operator who applies for this de minimis exemption must also provide the DEP with a certification that the industrial establishment is not contaminated above remediation standards. However, in a decision issued on July 6, 2012, the Appellate Division of the Superior Court held that the requirement for such certification was without sufficient legislative authorization and therefore invalid.
This bill would establish the invalidated regulatory requirement as a matter of law by expressly providing that, in order to qualify for the de minimis exemption from ISRA, the owner or operator of an industrial establishment would be required to certify to the DEP that the owner or operator does not have actual knowledge of any contamination at the industrial establishment above remediation standards.