A 3763 — "Construction Containment and Pollution Prevention Act"; requires contractors to use containment devices to prevent release of certain pollutants outside of worksites.

A3763 1R [First Reprint] ASSEMBLY, No.

Assemblyman Sampson and Assemblywoman Rowan         SYNOPSIS      "Construction Containment and Pollution Prevention Act";

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe byAssembly LegislativeEnvironment Counsel.and Solid Waste Committee on March 16, 2026, with amendments.

     “Contractor” means any individual,1[individual, firm, partnership, association, or corporation engaged inin] person or business entity performing1 construction, renovation, demolition, or 1permit-required1 maintenance activities1[activities on any commercial or residential property in this State.State] that involves a covered activity1.

     1“Covered activity” means 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 the soil, leaving the worksite, entering storm drains, waterways, or adjoining property, or dispersing into the open air.1      “Worksite” means any location in this State where construction, renovation, demolition, or related contractor activities are being performed.

       3.    a.  A contractor shall employ containment devices in order to prevent the release of dust, debris, microplastics, and other pollutants into the soil or1[or] ,1 water 1, or open air1 at the worksite, as well as beyond the worksite boundaries.

     b.  At a minimum, the contractor shall ensure that when cutting, drilling, sanding, or performing any 1covered1 activity that1[that generates dust or particulate matter:matter]1:

     (2) all such 1covered1 activities are conducted within an enclosure or through the use of containment measures, including tent hoods, vacuums, or other comparable devices, that reasonably prevent the release of airborne or physical debris;

     (3) a a tarp or drop cloth is positioned beneath all power tools or work areas to capture falling particles and fragments;

     (4) daily daily cleanup of all generated waste including dust, film plastics, and other solids is completed before leaving the worksite;

and      (5)(5)1[filters filters meeting American Society for Testing and Material specifications D4491, D4751, and D4355 are installed at any stormwater inlet receiving runoff from the worksite.worksite] if a covered activity may result in runoff entering a storm drain, drainage structure, or surface water, the contractor shall install and maintain inlet protection, filtration, sediment controls, or equivalent runoff-control measures in accordance with standards adopted by the department, in consultation with the Department of Environmental Protection1.

A A contractor shall prepare and distribute to all employees and subcontractors working on the worksite educational materials that:

     (1) explain explain the key requirements of this act, including when and how to use containment devices, perform daily cleanup, and install stormwater filters;

1and1      (2) require require an on-site briefing before work begins, with a brief checklist to confirm understanding;

       4.    A contractor shall not discharge, sweep, blow, or otherwise deposit pollutants generated on the worksite into 1the open air, soil,1 public streets, storm drains, waterways, or other drainage infrastructure.  All waste shall be collected and disposed of in accordance with the “Solid Waste Management Act” P.L.1970, c.39 (C.13:1E-1 et seq.) and any applicable local ordinances.

     b.  A1In contractoradministering thatand violatesimplementing the provisions of sectionthis 3act, orthe 4department ofmay thisconsult actwith shallthe beDepartment subjectof toEnvironmental penaltyProtection, as follows:necessary.

     (1)c.1  aA warningcontractor citationthat forviolates the firstprovisions violation;of section 3 or 4 of this act shall be subject to penalty as follows:

     (2)(1) a a finewarning ofcitation up to $1,000 for athe secondfirst violation;

and      (3)(2) a a fine of up to $5,000$1,000 for eacha subsequentsecond violation.violation;

and      c. (3) Each a dayfine aof violationup continuesto shall$5,000 constitutefor aeach distinctsubsequent andviolation. separate offense.

     d.1[c.] d.1  Each day a violation continues shall constitute a distinct and separate offense.

     1[d.] e.1 The penalty prescribed by this section shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

The Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999” in connection with this act..act.1[.]1      1[e.] f.1      Nothing in this act shall preclude the department from seeking injunctive relief to prevent imminent or ongoing harm to the environment or public health.

       e.    6.    NothingThe department 1, in thisconsultation actwith shallthe precludeDepartment of Environmental Protection,1 shall, in accordance with the department"Administrative fromProcedure seekingAct," injunctiveP.L.1968, reliefc.410 to(C.52:14B-1 preventet imminentseq.), oradopt ongoingrules harmand toregulations theas environmentnecessary orto publicimplement health.this act.

       6.    The department shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.

    STATEMENT        This bill, which would be known as the “Construction Containment and Pollution Prevention Act” requires contractors to take certain steps to mitigate the release and properly dispose of dust, debris, microplastics and other pollutants.  The bill requires all contractors to employ physical barriers, vacuum or wet-cutting systems, tarps, enclosures, and inlet filters to prevent dust, debris, microplastics, and other pollutants from escaping a worksite.

       This bill requires contractors to employ containment devices, such as vacuum attachments or wet-cutting systems, fully enclosed work areas, tarps or drop cloths, and ASTM-compliant stormwater filters, and to perform daily cleanup of dust, debris, microplastics, and other pollutants.  Under the bill, contractors would be required, to prepare, distribute, and periodically update on-site educational materials that explain the bill’s requirements, and illustrate proper device setup, describe health risks and penalties.

     Contractors would also be required to inhibit the discharge of any worksite waste into streets, storm drains, waterways, or other drainage infrastructure and dispose of all materials in accordance with the “Solid Waste Management Act” and applicable local ordinances.       To ensure compliance with the act, the Department of Community Affairs, or local construction officials, would be authorized to inspect worksites to enforce the bill’s provisions.

The bill also provides penalties for violations of the act.

A contractor that violates the provisions of section 3 or 4 of the act would be subject to:

(1) a warning citation for the first violation;

(2) a fine of up to $1,000 for a second violation;

and (3) a fine of up to $5,000 for each subsequent violation.

Each day a violation continues would constitute a distinct and separate offense.