Sponsored by:
Senator CHRISTOPHER J. CONNORS
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Allows municipalities to administer responsibilities of Soil Erosion and Sediment Control Act under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning soil erosion and sediment control and supplementing P.L.1975, c.251 (C.4:24-39 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of P.L.1975, c.251 (C.4:24-39 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, a municipality, upon passage of an ordinance and designation of an applicable local official, and in compliance with the rules and regulations adopted pursuant to subsection c. of this section, may apply to the State Soil Conservation Committee for authority to administer the provisions of the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto, within the boundaries of that municipality.
b. Upon receipt of an application from a municipality pursuant to subsection a. of this section, the State Soil Conservation Committee shall review the application and, if found in compliance with the rules and regulations adopted pursuant to subsection c. of this section, enter into a written agreement with the municipality for the municipality to administer the powers granted to a district pursuant to P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto.
c. Within one year after the effective date of this section, the State Soil Conservation Committee shall adopt, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a procedure and criteria for a municipality to apply to administer the provisions of the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto, within the boundaries of that municipality. These rules and regulations shall include, but not be limited to: the manner and form of the ordinance to be adopted by the municipality; the qualifications for the local official designated by the municipality; and requirements for the municipality to administer and enforce the standards for the control of soil erosion and sedimentation adopted pursuant to section 4 of P.L.1975, c.251 (C.4:24-42) and section 2 of P.L.2010, c.113 (C.4:24-42.1).
2. This act shall take effect immediately.
STATEMENT
This bill would allow a municipality, upon passage of an ordinance and designation of an applicable local official, and in compliance with the rules and regulations adopted pursuant to the bill, to apply to the State Soil Conservation Committee (committee) for authority to administer the provisions of the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto, within the municipality.
The bill directs the committee, within one year after the bill is enacted into law, to adopt rules and regulations establishing the procedure and criteria for a municipality to apply to the committee for authority to administer the provisions of the Soil Erosion and Sediment Control Act pursuant to the bill. These rules and regulations would include, but not be limited to: the manner and form of the ordinance to be adopted by the municipality; the qualifications for the local official designated by the municipality; and the requirements for the municipality to administer and enforce the standards for the control of soil erosion and sedimentation adopted pursuant to section 4 of P.L.1975, c.251 and section 2 of P.L.2010, c.113 (C.4:24-42.1).
Under current law, the Soil Erosion and Sediment Control Act is administered by the committee and local soil conservation districts. The law, when enacted in 1975, included a provision that authorized a municipality to adopt an ordinance that conforms with the standards for the control of soil erosion and sedimentation to enforce the standards, instead of the applicable district, provided that the ordinance was adopted within 12 months of the adoption of the standards. This bill would provide another opportunity for a municipality to assume the responsibility for the implementation of the standards.