Senate Commerce Committee Statement to Senate, No. 4268 — State of New Jersey (December 16, 2021)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated December 16, 2021, reports favorably and with committee amendments Senate Bill No. 4268. As amended, the bill would authorize the use of steel slag as an aggregate in commercial or industrial development and in the remediation of contaminated sites, for uses specified in subsection b. A licensed site remediation professional could authorize that use in a remediation. No authorized use may cause the exceedance of any drinking water or groundwater quality standard, and the Department of Environmental Protection (DEP) could adopt rules. As amended, the bill is identical to Assembly Bill No. 4851.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
4268

with
committee amendments

STATE
OF NEW JERSEY

DATED: DECEMBER
16, 2021

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 4268.

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
Assembly Bill No. 4851, 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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