A3763 1R

An Act concerning containment of contractor pollution and supplementing Title 56 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Construction Containment and Pollution Prevention Act.”

2. As used in this act:

“Department” means the Department of Community Affairs.

“Containment device” means any physical barrier, tent, hood, enclosure, filter, vacuum attachment, tarp, or wet‐cutting apparatus designed to prevent the escape of dust, debris, microplastics, or other pollutants from a worksite.

“Contractor” means any ¹[individual, firm, partnership, association, or corporation engaged in] person or business entity performing¹ construction, renovation, demolition, or ¹permit-required¹ maintenance ¹[activities on any commercial or residential property in this State] that involves a covered activity¹.

¹“Covered activity” means any construction, renovation, demolition, or permit-required maintenance operation that generates, or is reasonably likely to generate, dust, debris, sediment, plastic fragments, slurry, or other particulate pollutants capable of depositing into the soil, leaving the worksite, entering storm drains, waterways, or adjoining property, or dispersing into the open air.¹

“Worksite” means any location in this State where construction, renovation, demolition, or related contractor activities are being performed.

3. a. A contractor shall employ containment devices in order to prevent the release of dust, debris, microplastics, and other pollutants into the soil ¹[or] ,¹ water ¹, or open air¹ at the worksite, as well as beyond the worksite boundaries.

b. At a minimum, the contractor shall ensure that when cutting, drilling, sanding, or performing any ¹covered¹ activity ¹[that generates dust or particulate matter]¹:

(1) a vacuum attachment or wet‐cutting system is used;

(2) all such ¹covered¹ activities are conducted within an enclosure or through the use of containment measures, including tent hoods, vacuums, or other comparable devices, that reasonably prevent the release of airborne or physical debris;

(3) a tarp or drop cloth is positioned beneath all power tools or work areas to capture falling particles and fragments;

(4) daily cleanup of all generated waste including dust, film plastics, and other solids is completed before leaving the worksite; and

(5)¹[filters meeting American Society for Testing and Material specifications D4491, D4751, and D4355 are installed at any stormwater inlet receiving runoff from the worksite] if a covered activity may result in runoff entering a storm drain, drainage structure, or surface water, the contractor shall install and maintain inlet protection, filtration, sediment controls, or equivalent runoff-control measures in accordance with standards adopted by the department, in consultation with the Department of Environmental Protection¹.

c. A contractor shall maintain records demonstrating use of containment devices and proper disposal practices, and make such records available for inspection by the department for a period of two years.

d. A contractor shall prepare and distribute to all employees and subcontractors working on the worksite educational materials that:

(1) explain the key requirements of this act, including when and how to use containment devices, perform daily cleanup, and install stormwater filters; describe the risks, such as public health hazards; describe the construction contractor penalties for non-compliance; and include simple diagrams illustrating the correct setup of vacuum attachments, enclosures, tarps, and filters; ¹and¹

(2) require an on-site briefing before work begins, with a brief checklist to confirm understanding; and review and update educational materials whenever the department issues new guidance.

4. A contractor shall not discharge, sweep, blow, or otherwise deposit pollutants generated on the worksite into ¹the open air, soil,¹ public streets, storm drains, waterways, or other drainage infrastructure. All waste shall be collected and disposed of in accordance with the “Solid Waste Management Act” P.L.1970, c.39 (C.13:1E-1 et seq.) and any applicable local ordinances.

5. a. The department, or a local construction official, shall have the authority to inspect any worksite to ensure compliance with this act.

b. ¹In administering and implementing the provisions of this act, the department may consult with the Department of Environmental Protection, as necessary.

c.¹ A contractor that violates the provisions of section 3 or 4 of this act shall be subject to penalty as follows:

(1) a warning citation for the first violation;

(2) a fine of up to $1,000 for a second violation; and

(3) a fine of up to $5,000 for each subsequent violation.

¹[c.] d.¹ Each day a violation continues shall constitute a distinct and separate offense.

¹[d.] e.¹ The penalty prescribed by this section shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999” in connection with this act.¹[.]¹

¹[e.] f.¹ Nothing in this act shall preclude the department from seeking injunctive relief to prevent imminent or ongoing harm to the environment or public health.

6. The department ¹, in consultation with the Department of Environmental Protection,¹ shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.

7. This act shall take effect on the 90th day following enactment and shall apply to all construction permits issued on or after that date.