N.J. Stat. § 13:1D-158

Current through L. 2024, c. 87.

Section 13:1D-158 - Definitions relative to impact of pollution on overburdened communities

As used in this act:

"Department" means the Department of Environmental Protection.

"Environmental or public health stressors" means sources of environmental pollution, including, but not limited to, concentrated areas of air pollution, mobile sources of air pollution, contaminated sites, transfer stations or other solid waste facilities, recycling facilities, scrap yards, and point-sources of water pollution including, but not limited to, water pollution from facilities or combined sewer overflows; or conditions that may cause potential public health impacts, including, but not limited to, asthma, cancer, elevated blood lead levels, cardiovascular disease, and developmental problems in the overburdened community.

"Facility" means any:

(1) major source of air pollution;

(2) resource recovery facility or incinerator;

(3) sludge processing facility, combustor, or incinerator;

(4) sewage treatment plant with a capacity of more than 50 million gallons per day;

(5) transfer station or other solid waste facility, or recycling facility intending to receive at least 100 tons of recyclable material per day;

(6) scrap metal facility;

(7) landfill, including, but not limited to, a landfill that accepts ash, construction or demolition debris, or solid waste; or

(8) medical waste incinerator; except that "facility" shall not include a facility as defined in section 3 of P.L. 1989, c.34 (C.13:1E-48.3) that accepts regulated medical waste for disposal, including a medical waste incinerator, that is attendant to a hospital or university and intended to process self-generated regulated medical waste.

"Limited English proficiency" means that a household does not have an adult that speaks English "very well" according to the United States Census Bureau.

"Low-income household" means a household that is at or below twice the poverty threshold as that threshold is determined annually by the United States Census Bureau.

"Major source" means a major source of air pollution as defined by the federal "Clean Air Act,"42 U.S.C. s. 7401 et seq., or in rules and regulations adopted by the department pursuant to the "Air Pollution Control Act," P.L. 1954, c.212 (C.26:2C-1 et seq.) or which directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant, or other applicable criteria set forth in the federal "Clean Air Act,"42 U.S.C. s. 7401 et seq.

"Overburdened community" means any census block group, as determined in accordance with the most recent United States Census, in which:

(1) at least 35 percent of the households qualify as low-income households;

(2) at least 40 percent of the residents identify as minority or as members of a State recognized tribal community; or

(3) at least 40 percent of the households have limited English proficiency.

"Permit" means any individual permit, registration, or license issued by the department to a facility establishing the regulatory and management requirements for a regulated activity under the following State laws: R.S. 12:5-1 et seq.; P.L. 1975, c.232 (C.13:1D-29 et al.); the "Solid Waste Management Act," P.L. 1970, c.39 (C.13:1E-1 et seq.); section 17 of P.L. 1975, c.326 (C.13:1E-26); the "Comprehensive Regulated Medical Waste Management Act," P.L. 1989, c.34 (C.13:1E-48.1 et al.); P.L. 1989, c.151 (C.13:1E-99.21a et al.); the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L. 1987, c.102 (C.13:1E-99.11 et al.); the "Pesticide Control Act of 1971," P.L. 1971, c.176 (C.13:1F-1 et seq.); "The Wetlands Act of 1970," P.L. 1970, c.272 (C.13:9A-1 et seq.); the "Freshwater Wetlands Protection Act," P.L. 1987, c.156 (C.13:9B-1 et al.); the "Coastal Area Facility Review Act," P.L. 1973, c.185 (C.13:19-1 et seq.); the "Highlands Water Protection and Planning Act," P.L. 2004, c. 120(C.13:20-1 et seq.), the "Air Pollution Control Act (1954)," P.L. 1954, c.212 (C.26:2C-1 et seq.); the "Water Supply Management Act," P.L. 1981, c.262 (C.58:1A-1 et al.); P.L. 1947, c.377 (C.58:4A-5 et seq.); the "Water Pollution Control Act," P.L. 1977, c.74 (C.58:10A-1 et seq.); P.L. 1986, c.102 (C.58:10A-21 et seq.); orthe "Flood Hazard Area Control Act," P.L. 1962, c.19 (C.58:16A-50 et seq.); except that "permit" shall not include any authorization or approval necessary to perform a remediation, as defined pursuant to section 23 of P.L. 1993, c.139 (C.58:10B-1), or any authorization or approval required for a minor modification of a facility's major source permit for activities or improvements that do not increase emissions.

N.J.S. § 13:1D-158

Added by L. 2020, c. 92, s. 2, eff. 9/18/2020.