SENATE, No. 1427
STATE OF NEW JERSEY
INTRODUCED JULY 25, 1996
By Senator McGREEVEY
An Act concerning the regulation of certain railroad activities, and supplementing P.L.1971, c.418 (C.13:1G-1 et seq.) and chapter 1K of Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), railroad noise emission standards through the application of the best available technology, taking into account the cost of compliance. These standards shall be identical to those adopted by the federal Environmental Protection Agency pursuant to section 17 of the federal "Noise Control Act of 1972" (42 U.S.C. §4916), except that the department may adopt such other standards as are necessitated by special local conditions and are not in conflict with federal regulations adopted pursuant to 42 U.S.C. §4916, as determined by the Administrator of the federal Environmental Protection Agency, after consultation with the federal Department of Transportation.
c. A person who violates subsection a. of this section or the regulations adopted pursuant to subsection b. of 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. The Department of Environmental Protection shall conduct a study of the effect of railroad noise emissions and related problems on residential and commercial property, including but not limited to slack action noise resulting from railroad car coupling and vibrations caused by railroad activities. One year from the effective date of this act, the department shall submit a report of its findings to the Legislature and shall utilize these findings in establishing the standards adopted pursuant to section 1 of this act.
3. 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, except that the Department of Environmental Protection shall establish a de minimus exemption from this prohibition for any hazardous substance whenever the department determines that the de minimus amount does not pose a significant threat to the public health and safety. As used in this act, "hazardous substance" has the same meaning as provided in section 3 of P.L.1983, c.330 (C.13:1K-8).
b. A person who violates subsection a. of 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.
4. This act shall take effect immediately.
STATEMENT
This bill would regulate certain nuisance activities by railroads. It would prohibit persons from idling train engines for more than three consecutive minutes within 500 feet of a residence during the nighttime hours. The bill would also require the Department of Environmental Protection to adopt and enforce railroad noise emission standards that are consistent with the federal "Noise Control Act of 1972." The bill would also prohibit the placement or storage of significant amounts of hazardous substances on or alongside rail lines and within 500 feet of a residence for a period exceeding one hour.
A person who violates the prohibition on hazardous waste storage, the anti-idling provision, or the noise emission standards 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.
The bill also requires the department to conduct a study of the effect of railroad noise emissions and related problems on residential and commercial property, and submit a report to the Legislature.
Regulates certain railroad nuisance activities.