New Jersey A 3630: Authorizes performance of supplemental environmental project to replace portion of monetary penalties for environmental violations in certain circumstances.

Bill Text

A3630 

ASSEMBLY, No. 3630 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman DONALD A. GUARDIAN

District 2 (Atlantic)

SYNOPSIS

���� Authorizes performance of supplemental environmental 
project to replace portion of monetary penalties for environmental violations 
in certain circumstances.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning environmental projects, and 
supplementing Title 13 of the Revised Statutes.

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

1. 
As used in this 
act:

���� "Department" means 
the Department of Environmental Protection.

���� "Environmental law" 
means the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 
et seq.); the "Air Pollution Control Act (1954)," P.L.1954, c.212 
(C.26:2C-1 et seq.); the "Solid Waste Management Act," P.L.1970, c.39 
(C.13:1E-1 et seq.); the "Industrial Site Recovery Act," P.L.1983, 
c.330 (C.13:1K-6 et seq.); the "Toxic Catastrophe Prevention Act," 
P.L.1985, c.403 (C.13:1K-19 et seq.); the "Worker and Community Right To 
Know Act," P.L.1983, c.315 (C.34:5A-1 et al.); the "Comprehensive 
Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et 
seq.); P.L.1986, c.102 (C.58:10A-21 et seq.); the "Pollution Prevention 
Act," P.L.1991, c.235 (C.13:1D-35 et seq.); the "Spill Compensation 
and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.); the "Noise 
Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.); the 
"Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.); 
the "Radiation Protection Act," P.L.1958, c.116 (C.26:2D-1 et seq.); 
the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et 
seq.); the "Freshwater Wetlands Protection Act," P.L.1987, c.156 
(C.13:9B-1 et seq.); "The Wetlands Act of 1970," P.L.1970, c.272 
(C.13:9A-1 et seq.); R.S.12:5-1 et seq.; the "Flood Hazard Area Control 
Act," P.L.1962, c.19 (C.58:16A-50 et seq.); any rule or regulation 
promulgated thereunder; and any permit issued pursuant thereto.

���� "Supplemental 
environmental project" or "SEP" means a pollution reduction, 
pollution prevention, environmental remediation, or environmental enhancement 
project that provides concrete and measurable health or environmental benefits, 
and is not otherwise required to be performed by a person who violates an 
environmental law.

���� 2.��� a.�� The Department of 
Environmental Protection may enter into a settlement agreement with a person 
who violates an environmental law that provides for the performance of a 
supplemental environmental project where the cost of the SEP replaces in part a 
monetary civil penalty or civil administrative penalty that would otherwise be 
assessed for the violation.� The performance of a SEP in place of a portion of 
a monetary penalty shall be voluntary on the part of the person violating the 
environmental law.

���� b.��� The department shall 
approve the performance of a SEP as a part of the settlement agreement pursuant 
to section 3 of this act.� After the final total penalty amount for a violation 
has been agreed to by the department and the person in violation of an environmental 
law, the total penalty amount may be reduced by the dollar amount of the cost 
of the performance of a SEP up to 75 percent of the total penalty amount agreed 
to in the settlement, except that for violations of the "Water Pollution 
Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) the SEP may offset no 
more than 50 percent of the amount of the penalty. 

���� 3.��� a.���� A person 
proposing to perform a SEP as a part of a settlement agreement shall submit to 
the department a proposal for approval of the project.� The proposal for the 
SEP shall include:

���� (1)�� name of the person 
responsible for the performance of the SEP;

���� (2)�� description of the 
project;

���� (3)�� start and completion 
dates;

���� (4)�� timeline for the project 
including performance milestones;

���� (5)�� description and estimate 
of costs;

���� (6)�� environmental benefits 
of the project; and

���� (7)�� dates for submission of 
interim and final verification of project performance for department review and 
approval.

���� b.��� The department shall 
consider the following factors in approving the performance of a SEP as part of 
a settlement agreement:

���� (1)�� capacity of the violator 
to complete the proposed SEP;

���� (2)�� resources and capacity 
of the department to verify proper performance of the SEP;

���� (3)�� compliance history of 
the violator;

���� (4)�� likelihood of purported 
environmental benefits to be achieved by the SEP;

���� (5)�� relationship of the SEP 
with the community or ecosystem affected by the violation;

���� (6)�� whether the SEP advances 
environmental priorities identified by the department;

���� (7)�� whether the SEP improves 
the enviro