Prohibits treatment, discharge, disposal, application to roadway, or storage of wastewater, wastewater solids, sludge, drill cuttings or other byproducts from natural gas exploration or production using hydraulic fracturing.

2024-2025 Regular Session Introduced by Clinton Calabrese and 9 co-sponsors

NJ A3012 bans all in-state handling of hydraulic fracturing wastes - treatment, disposal, storage, or use - effective immediately to protect water, biosolids, and public health.

Introduced in the Assembly, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee

#environment #wastewater

Overview

Bill Number: A 3012

Title: Prohibits treatment, discharge, disposal, application to roadway, or storage of wastewater, wastewater solids, sludge, drill cuttings or other byproducts from natural gas exploration or production using hydraulic fracturing.

Status: Introduced in the Assembly; referred to Assembly Environment, Natural Resources, and Solid Waste Committee.

Introduced: January 9, 2024

Effective Date: Immediate upon enactment

Purpose and intent

The bill seeks to prevent any handling, processing, or storage of wastewater and other byproducts generated from hydraulic fracturing (fracking) for natural gas, regardless of origin, within the State of New Jersey. It is grounded in concerns about the chemical composition, physical hazards, radioactive materials, and broader environmental and public health risks associated with fracking wastes, and it aims to protect New Jersey’s water infrastructure, biosolids processes, and environment.

Key provisions

Ban on all handling of fracking wastes in-state: No wastewater, wastewater solids, sludge, drill cuttings, or other byproducts from hydraulic fracturing for natural gas may be treated, discharged, disposed of, applied to a roadway, released into the environment, or stored in New Jersey.

Definition of hydraulic fracturing: The bill defines hydraulic fracturing to include fracking and related terms (e.g., fracking, hydrofracking, hydrofracturing) and clarifies that the prohibition covers byproducts resulting from this technique, regardless of terminology.

Supplementary basis: The act supplements existing environmental and wastewater statutes (P.L.1977, c.74, C.58:10A-1 et seq.) and is motivated by findings about the presence of contaminants, heavy metals, radioactive materials, salts, and other hazardous constituents in fracking wastes, and the inadequacy of current treatment facilities to manage these wastes safely.

Immediate effect: If enacted, the prohibition takes effect immediately.

Who would be affected

Drilling operators and associated contractors: Prohibited from in-state treatment, disposal, storage, or release of fracking wastes in New Jersey.

Wastewater treatment facilities and biosolids programs: Potentially impacted if they would otherwise accept, treat, or process fracking wastes or related byproducts.

Landfills and hazardous waste facilities: Prohibited from accepting or processing fracking byproducts within the state.

Municipalities and state agencies: Responsible for ensuring compliance and preventing in-state handling of these wastes.

General public: Benefit from a strengthened barrier against potential environmental and public health risks associated with fracking wastes.

Procedural and timeline aspects

The bill has been introduced and referred to the Assembly Environment, Natural Resources, and Solid Waste Committee. There is no date for further committee action provided in the summary. The immediate-effect language indicates that, if enacted, the provisions would apply without a phase-in period.

Notes

The bill emphasizes environmental health concerns, including potential impacts on wastewater treatment processes, biosolids quality, radiological content, and contaminant variability based on well location.

It does not specify penalties within the provided text; enforcement and penalties would likely be governed by existing statutory mechanisms or future amendments.

Bill