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  • NJ A1746
  • Requires report and public hearing prior to DEP recommendation of site for inclusion on Superfund list.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
The bill requires the Department of Environmental Protection (DEP) to prepare a report and conduct a public hearing prior to recommending a site for inclusion on the federal Superfund list. The bill specifically provides that prior to the transmission of a recommendation to the United States Environmental Protection Agency (EPA) regarding the inclusion of a site on the National Priorities List (NPL) pursuant to the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. s.9605, the DEP must: (1) prepare a report identifying the site under consideration for inclusion on the NPL, describing the condition of the property, assessing the risks to human health and the environment posed by the hazardous substances and the basis for that assessment, and presenting the State's proposed recommendation regarding the site's inclusion on the NPL; (2) transmit the report at least 30 days in advance of the public hearing required pursuant to the bill to the county governing body, to the clerk of the municipality in which the site is located, and to each owner of all real property within 200 feet in all directions of the site; (3) make the report available to the public at least 30 days in advance of the date of the public hearing; and (4) conduct a public hearing on the DEP's proposed recommendation for inclusion of the site on the NPL at least 60 days in advance of the date on which the State is to make its recommendation to the EPA. The bill requires the DEP to conduct the public hearing on the proposed recommendation in the municipality in which the site is located, and requires the DEP to provide advance notice of the hearing to each owner having a recorded interest in the property, to the county governing body, to the clerk of the municipality in which the site is located, and to each owner of all real property within 200 feet in all directions of the site by mail and by publication of the notice in a newspaper of general circulation in the municipality or municipalities in which the site is located. The bill requires the DEP to present its proposed recommendation regarding the site's inclusion on the NPL at the public hearing, and specifies that the DEP must accept public comments at the public hearing and for 30 days after the date the public hearing is held. The bill provides that after the 30-day public comment period closes, the DEP may make its final decision regarding its recommendation to the EPA for a site's inclusion on the NPL. In reaching its decision, the bill requires the DEP to consider the testimony at the public hearing, the public comments, the mitigating and aggravating factors associated with listing the site including, but not limited to, the threats to the public health and the environment, the existence of a potentially responsible party for the contamination and that person's willingness and ability to perform the remediation, the delay that may occur should the site be listed on the NPL, and the impact that the listing may have on the municipality in which the site is located. The bill provides that at least seven days prior to the transmission of its recommendation to the EPA, the DEP must notify the county and municipal government officials, and the State Senator and members of the General Assembly who represent the municipality in which the site is located, of the State's decision and the reasons for the decision.
Environment and Solid Waste
Introduced, Referred to Assembly Environment and Solid Waste Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Environment and Solid Waste Committee
Date Motion Yea Nay Other
None specified