ASSEMBLY, No. 714
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman R. SMITH
An Act concerning lead solder or flux and supplementing P.L.1971, c.134 (C.52:17B-118) and P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jerse
1. a. After June 30, 1994, no person shall sell, or offer for sale, at wholesale or retail any solder or flux containing lead for use in the installation, replacement or repair of any plumbing utilized to provide water for residential, commercial or industrial uses, including drinking water, or for the collection, treatment or disposal of wastewater or sewage.
b. After June 30, 1994, no person shall sell, or offer for sale, solder or flux containing lead unless the container or other packaging in which the solder or flux is sold, or offered for sale carries a label affixed to the container or packaging stating that the solder or flux may not be used in the installation, replacement or repair of any plumbing utilized to provide water for residential, commercial or industrial uses, including drinking water, or for the collection, treatment or disposal of wastewater or sewage. A mislabeling of a container or packaging subject to the provisions of this subsection, or defacement of any relevant labeling provision required by this subsection, shall be a violation of the provisions of this section.
c. Any person violating the provisions of this section shall be subject to a penalty not less than $200 nor more than $1,000 for the first offense, and not less than $1,000 nor more than $5,000 for each subsequent offense. The enforcing agent shall remove or require the removal of any container or packaging of solder or flux offered for sale in violation of the provisions of this section. The penalty provisions of this section shall be enforceable by the Attorney General, a county prosecutor or a municipal prosecutor in a civil action by summary proceeding in accordance with "the penalty enforcement law" N.J.S.2A:58-1 et seq.
2. a. After June 30, 1994, no person shall use any solder or flux containing lead in the installation, replacement or repair of any plumbing utilized to provide water for residential, commercial or industrial uses, including drinking water, or for the collection, treatment or disposal of wastewater or sewage.
b. Notwithstanding the provision of any other law to the contrary, the Department of Community Affairs shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this section.
c. Any person violating any provision of this section shall be subject to the penalty provisions of section 20 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-138)
3. This act shall take effect immediately.
STATEMENT
This bill prohibits, after June 30, 1994:
(1) the wholesale or retail sale, or the offering for sale, of lead solder and flux for use in plumbing utilized to provide water for residential, commercial or industrial uses, or to collect, treat or dispose of wastewater or sewage; and
(2) the use of lead solder or flux in plumbing utilized for any of the foregoing purposes.
The bill also requires the labeling of lead solder or flux sold, or offered for sale, in order to advise the purchaser that solder or flux containing lead cannot be used in plumbing utilized for any of the aforesaid purposes. Monetary penalties are provided for violations of the provisions of the bill.
Under federal law, solder or flux may not contain more than 0.2% lead content if used by a public water system or plumbing in a residential or nonresidential facility to provide drinking water that is connected to a public water system. While professional plumbers have generally adhered to the federal prohibition, the prohibition is virtually unenforceable against do-it-yourself homeowners. This bill attempts to reach such other users, and, at the same time, and in conjunction with efforts to reduce lead in drinking water, requires that the solder or flux used in such plumbing not contain any lead. The provisions of the bill are intended to also apply to water suppliers and municipal treatment works.
This bill would also impose a labeling requirement on solder or flux containing lead that is sold in the State, and would impose a separate set of penalties for violations of the sales prohibition.
Prohibits the sale or use of lead-containing solder or flux in certain plumbing works, and requires warning labels on lead-containing solder or flux sold in-State.