SENATE, No. 1341

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Senator CASEY

An Act concerning residential housing and supplementing 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 Jersey:

    1. No person shall construct new residential housing unless that person, prior to the construction, conducts a preliminary assessment, and, if necessary, a site investigation, to determine if contamination exists at each residential housing site at levels in excess of the applicable remediation standards as established pursuant to P.L.1993, c.139 (C.58:10B-1 et seq.).

    b. No permit shall be issued pursuant to section 13 of P.L.1975, c.217 (C.52:27D-131) for new residential housing until the property owner certifies that either no contamination exists at each residential housing site in excess of the applicable remediation standards as established pursuant to P.L.1993, c.139 (C.58:10B-1 et seq.) or that any contaminated site has been remediated to meet all applicable standards as established pursuant to P.L.1993, c.139.

    c. As used in this act, "contamination," "preliminary assessment," "site investigation," and "remediation" shall have the same meaning as in section 23 of P.L.1993, c.139 (C.58:10B-1).

    2. This act shall take effect 90 days from enactment.

STATEMENT

    This bill would require any person who constructs new residential housing on any property to investigate the property to determine if any hazardous contaminants are present at levels in excess of the applicable remediation standards. The bill would also require that as a condition for the issuance of the construction permit as required pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the property owner certify either that no contamination exists at the site in excess of the applicable remediation standards or that the site has been remediated.

Requires investigation and cleanup of land to be developed for residential housing.