Senate Commerce Committee Statement to Assembly, No. 4851 — State of New Jersey (December 16, 2021)

Summary

A Senate Commerce Committee statement to Assembly, No. 4851, State of New Jersey, dated December 16, 2021, reporting the bill favorably with committee amendments. As amended, steel slag could serve as an aggregate in commercial or industrial development, and in contaminated site remediation with a licensed site remediation professional's authorization, but only for the uses listed in subsection b. of the bill. Steel slag would have to meet all applicable engineering and geotechnical standards and could not cause any drinking water or groundwater quality standard to be exceeded. The amendments also provide that its use as alternative fill in remediation would not need prior written DEP approval, and the bill is identical to Senate Bill No. 4268.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 4851

with
committee amendments

STATE
OF NEW JERSEY

DATED: DECEMBER
16, 2021

The Senate Commerce Committee reports favorably and
with committee amendments Assembly Bill No. 4851.

As amended, this bill would authorize the use of steel
slag as an aggregate for certain uses in industrial and commercial development
and the remediation of contaminated sites.

Specifically, the bill would authorize a person to use
steel slag as an aggregate in commercial or industrial development for one of
the uses specified in subsection b. of the bill. The bill would also allow a
licensed site remediation professional to authorize the use of steel slag as an
aggregate in the remediation of a contaminated site for one of the uses
specified in subsection b. of the bill. Under the bill, any authorized use of
steel slag would be prohibited from causing the exceedance of any drinking
water quality standard or groundwater quality standard established by law, and
any steel slag would be required to meet all applicable engineering or
geotechnical standards and specifications.

The bill would also authorize the Department of
Environmental Protection (DEP) to adopt rules concerning the use of steel slag
as an aggregate, as necessary in order to ensure the protection of the public
health, safety, and the environment.

As amended and reported, this bill is identical to
Senate Bill No. 4268, as also amended and reported by the committee.

COMMITTEE AMENDMENTS

The committee amended the bill to:

(1) provide that steel slag used pursuant to the bill
would be required to meet all applicable engineering and geotechnical standards
and specifications;

(2) provide that the use of steel slag as alternative
fill in the remediation of a contaminated site pursuant to the bill would not
require prior written approval from the Department of Environmental Protection;

(3) narrow the allowed uses of steel slag under the
bill to those specified in subsection b. of the bill;

(4) add definitions for "alternative fill,"
"contaminant," and "remedial action" to subsection d. of
the bill; and

(5) make technical and clarifying changes to the
bill's language.

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