GREENSTEIN/McKEON/VOSS LAW TO ENSURE NOTIFICATION OF PLANS TO CLEAN POLLUTED SITES TAKES EFFECT

GREENSTEIN/McKEON/VOSS LAW TO ENSURE NOTIFICATION OF PLANS TO CLEAN POLLUTED SITES TAKES EFFECT

(TRENTON) – A law sponsored by Assembly members Linda Greenstein, John McKeon and Joan Voss to ensure local officials and residents are properly notified when polluted buildings and properties are cleaned up has taken effect.

The state Department of Environmental Protection this month announced it has adopted regulations implementing the law that passed the Legislature and was signed by Gov. Jon S. Corzine in 2006.

The regulations require those responsible for cleaning contaminated sites to either post signs or distribute letters notifying local residents of cleanup work. Those responsible for the cleanups must provide such notice no later than two weeks before initiating certain cleanup phases.

The law grew out of Assembly hearings into worries about asbestos contamination at the former W.R. Grace/Zonolite facility in Hamilton Township, Mercer County. The hearings highlighted holes in the notification process.

“The W.R. Grace situation spotlighted flaws in our reporting system that wrongly kept many residents and local officials in the dark,” said Greenstein (D-Middlesex/Mercer), who spearheaded the Assembly inquiry. “Residents and local officials deserve to know about cleanup efforts in their community and will from now be made aware well in advance of any concerns that may arise.”

Under the DEP regulations, signs must be placed in locations clearly visible to the public and must be at least 2 feet by 3 feet and include the wording, “Environmental Investigation/Cleanup in Progress at this Site.”

They must also list a contact person and telephone number for those responsible for the cleanup and for the DEP’s community relations office.

If a letter is used, it must include the name and location of the site, a common-language description of the contamination and a statement that the party doing the cleanup will provide copies of all environmental reports to the municipality upon request.

If contamination spreads off a site, the responsible party must distribute a fact sheet to the community and publish it in a local newspaper.

The DEP can also require additional outreach if petitioned to do so by local residents and officials.

“Communities must be properly informed whenever a contaminated site is slated to be cleaned,” said McKeon (D-Essex). “We have raised the bar to ensure our residents know what is happening near their homes.”

“Residents have a right to not only know when a polluted site in their neighborhood will be cleaned, but to play an active role in ensuring the effort is not undertaken in secret,” said Voss (D-Bergen).