"Construction Containment and Pollution Prevention Act"; requires contractors to use containment devices to prevent release of certain pollutants outside of worksites.
What changed between versions
The definition of 'Contractor' was narrowed from any entity engaged in construction, renovation, demolition, or maintenance on commercial or residential property to only those performing work that involves a 'covered activity,' with maintenance limited to permit-required maintenance.
A new definition of 'Covered activity' was added, meaning any construction, renovation, demolition, or permit-required maintenance operation that generates or is reasonably likely to generate dust, debris, sediment, plastic fragments, slurry, or other particulate pollutants capable of depositing into soil, leaving the worksite, entering storm drains, waterways, or adjoining property, or dispersing into open air.
Section 3(a) now requires containment to prevent release into 'soil, water, or open air' rather than just 'soil or water,' expanding the protected media to include the atmosphere.
Section 4 now prohibits discharging pollutants into 'the open air, soil' in addition to public streets, storm drains, waterways, and drainage infrastructure.
Assemblywoman Rowan was added as a co-sponsor alongside Assemblyman Sampson.
Section 3(b)(5) replaced the specific requirement for ASTM-specification filters (D4491, D4751, D4355) at stormwater inlets with a conditional requirement: if a covered activity may result in runoff entering a storm drain, drainage structure, or surface water, the contractor must install inlet protection, filtration, sediment controls, or equivalent measures per standards adopted by the department in consultation with DEP.
A new subsection was added to Section 5 stating that the department may consult with the Department of Environmental Protection when administering and implementing the act.
Section 6 now requires the department to adopt rules 'in consultation with the Department of Environmental Protection,' adding DEP as a formal rulemaking partner.
