A1348

ASSEMBLY, No. 1348

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman STUHLTRAGER

An Act concerning hazardous discharge sites, amending P.L.1982, c.202, and supplementing Title 58 of the Revised Statutes.

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

1. Section 2 of P.L.1982, c.202 (C.58:10-23.16) is amended to read as follows:

2. a. The department shall prepare and adopt a master list for the cleanup of hazardous discharge sites. The master list shall comprise an inventory of all the known hazardous discharge sites and their locations in the State [which have been cleaned up prior to the effective date of this act,]which have been identified as in need of cleanup[,]or which will be cleaned up subsequent to the effective date of this act, and a ranking, based on criteria established by the department pursuant to [P.L.198 , c. (C. ) (now pending before the Legislature as Assembly Bill No. 1255 of 1982),]P.L.1983, c.222 (C.58:10-23.20 et seq.), of the sites in the order in which the department intends to clean up the sites. [The department shall review the master list at least once every six months and modify it as necessary.]

b. The department shall prepare and adopt a list of all hazardous discharge sites known to require remedial measures in order to cleanup or stabilize an environmental or health threatening situation at the site. The list shall include the location of each site on the list, identified in the same manner as sites contained in the Site Status Report annually prepared by the department and, to the greatest practicable extent, shall include the appropriate block and lot numbers. To the extent possible, the descriptions shall be taken from the Site Status Report and, where practicable, the appropriate municipal tax maps. The list of known hazardous discharge sites shall be updated

annually.

(cf: P.L.1982, c.202, s.2)

2. (New section) The Department of Environmental Protection shall file with the municipal clerk in every municipality in the State, and with the county health officer of every county of the State, or, if there is no county health officer, with the health officer of the local health agency providing health services to the county, a copy of the list of known hazardous discharge sites prepared by the department pursuant to subsection b. of section 2 of P.L.1982, c.202 (C.58:10-23.16 b.), and any revisions that may be prepared from time to time. The municipal clerk and county or local health officer shall maintain a record book specifically for the purpose of maintaining this list. The record book containing the list of known hazardous discharge sites shall be available for public inspection during the regular business hours of the municipality, of the county or local health officer, and of the department. The record book shall contain a statement, in plain language, prepared by the department, that explains the nature of the criteria for the creation of the known hazardous discharge site list. The statement shall also explain the limitations of the known hazardous discharge site list in predicting health risks posed to nearby residents, or enviornmental dangers associated with the sites; that the department and the county or local health officers may be capable of providing information on the health or environmental risks of any known hazardous discharge site or for a particular property, and of the cleanup status of any site on the list. The statement shall also include the office hours and telephone numbers of the county or local health officers and of the relevant division within the Department of Environmental Protection and that the officer and the department are available to discuss the significance of the hazardous discharge sites on the list.

3. (New section) Every contract for the sale of real property located in New Jersey shall contain the following clause:

"Pursuant to section 2 of P.L. , c. (C. ) (now before the Legislature as this bill), the New Jersey Department of Environmental Protection is required to file with each municipality and officer providing county health services a list of certain hazardous discharge sites. The list includes the location of each hazardous discharge site, and is available in the Office of the Municipal Clerk and in the Office of the County or Local Health Officer for inspection by the buyer or any member of the public."

A prospective buyer may, within seven days of the date a contract is signed by both parties, void the contract if it fails to include a notification clause as required by this section.

4. (New section) Nothing in this act shall be construed to create a cause of action against any agency of State, county, or municipal government, or any real estate agent, real estate broker or attorney acting in his professional capacity, regarding the designation or listing of any hazardous discharge site.

5. This act shall take effect one year following enactment and shall apply to any contract for the sale of real property entered into therearter.

STATEMENT

This bill directs the Department of Environmental Protection (currently designated the Department of Environmental Protection and Energy) to develop a list of known hazardous discharge sites, throughout the State, that have been identified as needing remediation. The list will include the location of each such site, and will be available for public review. All contracts for the sale of real property shall provide notice that the list is available for inspection by the general public.

The list, and annual revisions of the list, shall be filed with the clerk of each municipality and with each county health officer, who shall maintain a record book of hazardous discharge sites. If no county health officer exists, the list is to be filed with the local health agency performing health services for the county. The list on file with the municipal clerk and the appropriate health officer shall be available for inspection by the public.

The department shall attach to the list a statement explaining the criteria for developing the list, and the limitations of the list in predicting health or environmental risks. The statement shall also notify interested parties that the department or the appropriate health officer may provide further information on risks posed by, and the cleanup status of, any particular site. Finally, the statement shall include the office hours and telephone numbers of the appropriate personnel in the department, and the appropriate health officers.

The bill requires all contracts for the sale of real property in the State to contain a clause to the effect that the list is held by the department, the municipal clerk of each municipality, and the county or other appropriate health officer, and that the list is available for inspection by the public. If a sales contract fails to include such a warning clause, the buyer may void the contract within seven days of the signing of the contract by both parties.

The bill specifies the manner in which the location of hazardous discharge sites shall be described, provides that the list of sites shall be revised annually rather than quarterly, deletes the requirement that the warning clause in real estate sales contracts be printed in bold or capital letters, and clarifies that the bill is not intended to create a cause of action against an agency of State, county or municipal government, or against a realtor or an attorney, regarding the contents of the list.

Requires DEP to file a list of known hazardous discharge sites with local officials, and requires real property contracts to contain clause giving notice of availability of such lists.