SENATE CONCURRENT RESOLUTION No. 15

STATE OF NEW JERSEY

INTRODUCED JANUARY 11, 1996

By Senator SCOTT

A Concurrent Resolution concerning legislative review of Department of Environmental Protection regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.

    2. The Legislature enacted the "Spill Compensation and Control Act" ("Spill Act"), P.L.1976, c.141 (C.58:10-23.11 et seq.), to establish a system for both the prevention and cleanup of discharges of hazardous substances. To the end of preventing discharges the Spill Act requires owners or operators of major facilities where hazardous substances are stored to prepare and submit to the Department of Environmental Protection discharge prevention, control, and countermeasure (DPCC) plans, one component of which is the preparation of drainage and land use maps and maps identifying environmentally sensitive areas. In regulations adopted in 1991 at N.J.A.C.7:1E-4.10(d) the Department of Environmental Protection required that such maps be submitted in paper form. In amendments to N.J.A.C.7:1E-4.10(d) proposed at 27 N.J.R. 2337 the Department of Environmental Protection would require that the maps be resubmitted in both paper and digital form, an additional requirement that is inconsistent with Legislative intent.

    3. The Legislature finds that the amendment to N.J.A.C.7:1E-4.10(d) proposed at 27 N.J.R 2337 requiring that DPCC maps be resubmitted in both paper and digital form is not consistent with Legislative intent.

    4. The Commissioner of the Department of Environmental Protection shall, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, have 30 days following transmittal of this resolution to amend or withdraw the regulation or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulation in whole or in part.

STATEMENT

    This concurrent resolution embodies the finding of the Legislature that the amendment to N.J.A.C.7:1E-4.10(d) proposed at 27 N.J.R.2337 by the Department of Environmental Protection requiring that maps submitted as part of a DPCC plan pursuant to the "Spill Compensation and Control Act," ("Spill Act"), P.L.1976, c.141 (C.58: 10-23.11 et seq.), be submitted in both paper and digital form is inconsistent with legislative intent. The Commissioner of the Department of Environmental Protection shall have 30 days following transmittal of this resolution to amend or withdraw the proposed amendment, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the proposed amendment.

Determines that proposed regulation of the Department of Environmental Protection requiring DPCC maps to be submitted in both digital and paper form is inconsistent with Legislative intent.