EnviroPolitics
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Editorial
Multilingual Clean
Ups?
New Jersey Law Journal - October 5, 2007
Every once in a while, a government agency proposes something that causes us to
scratch
our heads and inquire, "What in the world are they thinking?" The latest
example comes
from New Jersey's Department of Environmental Protection.
A law enacted last year (P.L.2006, ch.65) required the DEP to adopt regulations
requiring
any person cleaning up a contaminated site to provide written notice of the
remediation
activity to "local property owners and tenants who reside within 200 feet of the
contaminated
site." Sounds simple enough; analogous notice requirements have long been
utilized under the
Municipal Land Use Law.
In its proposed regulations published in the New Jersey Register last
month, however, the
DEP opted unduly (and unreasonably) to complicate this simple requirement.
Before any
notice can be sent, the DEP would first require the person conducting the clean
up to perform
a survey to identify all "sensitive populations and resources" in the
area, including residences,
potable wells, schools, child care facilities, parks, playgrounds, surface water
and wellhead
protection areas, even though the statute contains no such requirement.
Moreover, the DEP would require identification of all "non-English speaking
people" who
inhabit the area, attend any of the schools or child care centers, or use
any of the parks,
playgrounds, surface water or potable wells. This requirement goes far beyond
what the
statute requires and the agency offers no guidance as to how it is to be
accomplished.
The DEP would require that notice be given not only in English but also in "the
non-English
language" spoken by any users of such facilities and resources. So if one
Hindi-speaking family|
picnics in the park, or a few Russian-speaking kids play in the
playground, or a French-speaking
individual takes a drink from a water fountain, or a local business has a
Spanish-speaking employee,
or a landlord has a Swedish-speaking tenant, the person trying to clean up a
contaminated site must
spend the time and money first to identify these people, then to hire
interpreter(s) to prepare notices
in each language, and then to serve them (as well as the English notices)
on everyone within 200 feet.
While the DEP's proposal is no doubt well intentioned, it is clear regulatory
overkill, going far beyond
the simple notice requirement (in English) the Legislature intended. The
DEP should immediately
withdraw this proposal, go back to the drawing board and implement the
simple and straightforward
notice requirements mandated by the statute.
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