New Jersey Assembly Bill A2042

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Requires owner or operator of industrial establishment applying for de minimis exemption from "Industrial Site Recovery Act" to certify as to no actual knowledge of contamination exceeding remediation standards.

Impact

If enacted, A2042 would bring significant changes to the process by which industrial establishments can obtain exemptions from ISRA's regulations. The bill establishes a clear legal obligation for owners or operators to assert their knowledge regarding contamination, thus placing a stronger emphasis on the accountability of businesses in managing hazardous substances. This shift aims to enhance environmental protections by ensuring that potential risks associated with contamination are adequately disclosed and addressed before relocation or closure occurs.

Summary

Assembly Bill A2042 requires the owner or operator of an industrial establishment to certify they do not have actual knowledge of any contamination exceeding remediation standards if they are applying for a de minimis exemption under the Industrial Site Recovery Act (ISRA). The bill effectively reinstates a regulatory requirement that was ruled invalid by the Appellate Division of the Superior Court due to a lack of sufficient legislative authorization. This action seeks to clarify the requirements for owners wishing to transfer or close their industrial operations without undergoing extensive investigatory and remedial obligations typically mandated under ISRA.

Contention

Notably, the bill may raise concerns regarding the enforcement and verification of the certifications made by owners or operators. Critics might argue that the reliance on self-certification could lead to potential conflicts of interest or inaccuracies, as operators may prioritize operational convenience over environmental safety. Furthermore, there could be debates regarding the adequacy of current remediation standards and whether they sufficiently address the varying levels of contamination risks posed by different industrial practices.