ASSEMBLY, No. 2211
STATE OF NEW JERSEY
INTRODUCED JUNE 27, 1996
By Assemblywoman FRISCIA
and Assemblyman WISNIEWSKI
An Act concerning certain railroad activities, and supplementing chapter 1K of Title 13 of the Revised Statutes and P.L.1971, c.418 (C.13:1G-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person shall not cause or allow the placement or storage of any hazardous substance on or alongside a rail line and within 500 feet of a residence for a period exceeding one hour.
b. As used in this section, "hazardous substance" has the same meaning as provided in section 3 of P.L.1983, c.330 (C.13:1K-8).
c. A person who violates this section shall be liable to a penalty of not more than $3,000 for each offense, to be collected in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) or in any case in which injunctive relief has been requested. The Superior Court and every municipal court shall have jurisdiction to enforce "the penalty enforcement law." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The department or any municipality may institute proceedings pursuant to this section and may institute an action in the Superior Court for injunctive relief to prohibit and prevent the violation or violations and the court may proceed in the action in a summary manner.
2. a. A person shall not cause or allow a train engine to idle for more than three consecutive minutes within 500 feet of a residence at any time between the hours of 10:00 p.m. and 7:00 a.m.
b. A person who violates this section shall be liable to a penalty of not more than $3,000 for each offense, to be collected in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) or in any case in which injunctive relief has been requested. The Superior Court and every municipal court shall have jurisdiction to enforce "the penalty enforcement law." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The department or any municipality may institute proceedings pursuant to this section and may institute an action in the Superior Court for injunctive relief to prohibit and prevent the violation or violations and the court may proceed in the action in a summary manner.
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit the placement or storage of hazardous substances on or alongside rail lines and within 500 feet of a residence for a period exceeding one hour. The bill would also prohibit persons from idling train engines for more than three consecutive minutes within 500 feet of a residence during the nighttime hours.
Although the "Noise Pollution Control Act of 1971" already prohibits excessive noise from gasoline-powered motor vehicles, there is no similar provision in the case of trains. Both noise and air pollution could be reduced by the idling standard in this bill, which is similar to the idling standard adopted by the Department of Environmental Protection for motor vehicles to reduce air pollution. Both of the prohibitions in the bill are intended to protect residential areas from certain environmental hazards associated with the operation of railroads.
A person who violates either the prohibition on hazardous waste storage or the anti-idling provision shall be liable for a penalty of not more than $3000, to be collected in a summary proceeding in Superior Court or in a municipal court. Either the department or a municipality may institute the summary proceeding or an action in the Superior Court for injunctive relief to prohibit and prevent the violation.
Prohibits railroad storage of hazardous substances and nighttime idling of train engines near residences.