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■ Special Environmental Report

■ Special Environmental Report

What Developers / Industrial Facility Operators Need to Know About New Jersey ’ s Environmental Justice Act

Norris McLaughlin , P . A . By Jessica Palmer , Esq ., Member

On August 27 , 2020 , after decades of failed attempts , the New Jersey Legislature passed landmark environmental justice legislation that requires the NJDEP to consider potential environmental and public health effects when granting or renewing certain types of permits in overburdened communities . Governor Murphy signed the Environmental Justice Act ( the Act ) into law on Sept . 18 , 2020 .

The Act acknowledges and seeks to redress the disproportionate environmental and public health impacts of pollution on minority communities in New Jersey . Low-income communities and communities of color within the state have historically been subject to a disproportionate share of environmental and public health stressors . For example , the state reports that in 2017 , approximately 12.9 percent of black adults in New Jersey have been diagnosed with asthma . In contrast , only 8.2 percent of white adults carry a similar diagnosis .
In an effort to address these historic conditions , the Act requires that any applicant seeking a new or renewed permit for certain types of operations submit an environmental justice impact statement and hold public hearings to address public health concerns at the local community level .
Critically , a " facility " is defined to include any major source of air pollution ( as defined in
the federal Clean Air Act , 42 U . S . C . s 7401 et seq .); any resource recovery facility or incinerator ; any sludge processing facility , combustor or incinerator ; any sewage treatment plant with a capacity of more than 50 million gallons per day ; any transfer station or other solid waste facility or recycling facilities accepting at least 100 tons of recyclable material per day ; scrap metal facilities ; certain types of landfill ; or medical waste incinerators .
An " overburdened " community is any census block group in which at least 35 percent of the households qualify as low-income households ; at least 40 percent of the residents identify as minority or are affiliated with a state-recognized tribal community ; or at least 40 percent of the households have limited English proficiency .
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