New Jersey § 13:1e-99

§ 13:1e-99.

a. Notwithstanding the provisions of any law, or rule or regulation adopted pursuant

thereto, to the contrary, beginning 90 days after the effective date of this section, 1 a person, including a licensed site remediation professional, may use steel slag

as an aggregate in any commercial or industrial development, or at a commercial or

industrial site at which remediation is being overseen by a licensed site remediation

professional, provided that the steel slag meets all applicable engineering or geotechnical

standards and specifications, that such use is for a purpose enumerated in subsection

b. of this section, and that the use does not cause the exceedance of any: (1) drinking water quality standard established by the Department of Environmental

Protection or the United States Environmental Protection Agency; or (2) groundwater quality standard established by the Department of Environmental Protection. The use of steel slag as provided for in subsection b. of this section is not subject

to regulation as alternative fill. b. Steel slag may be used pursuant to subsection a. of this section only for the following

purposes: (1) as an aggregate in making cement, concrete, or bituminous mixes such as pavement

surfaces, wearing and binder courses, bases, surface treatments, seal coats, slurry

coats, and cold patch; (2) as an anti-skid material or snow and ice control aggregate; (3) for stabilized shoulders and banks provided that, where slag is to be used for

bank and erosion control adjacent to surface waters or other environmentally sensitive

areas, an ecological evaluation, approved by the Department of Environmental Protection,

is first performed; (4) as engineered aggregate base or sub-base courses up to eight inches thick under

permanent structures, pavements, and sidewalks, except that thicknesses greater than

eight inches and up to 24 inches may be used under non-residential permanent structures

only if the greater thickness is supported by an engineering justification developed

by a licensed professional engineer familiar with the material justifying why a thickness

greater than eight inches is needed; (5) as railroad ballast; (6) as a replacement for limestone for the neutralization of mine drainage and industrial

discharge, provided that uses in, or adjacent to, water abide by all other applicable

laws, rules, and regulations; (7) as soil amendment to adjust pH and reduce the leachability of contaminants in

the soil. A use pursuant to this paragraph shall be evaluated and approved individually by

either a licensed site remediation professional or the Department of Environmental

Protection prior to its implementation; (8) in controlled industrial uses such as granular fills up to eight inches required

for unpaved parking and storage areas, pipe and tank backfill, berm construction,

and other industrial and construction activity; (9) as a replacement for natural aggregate at steel mills; (10) as alternate cover material for roads to working surfaces at solid waste landfills; (11) as roofing granules; and (12) as cover material up to eight inches for the installation of solar collectors. c. The Department of Environmental Protection may adopt, pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations concerning the use of steel slag as an aggregate as necessary

in order to ensure the protection of the public health, safety, and the environment. d. As used in this section: “ Aggregate ” means a material formed from fragments or particles. “ Alternative fill ” means material to be used in a remedial action, as defined pursuant to regulations

promulgated by the Department of Environmental Protection. “ Contaminant ” means the same as that term is defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ). “ Hazardous waste ” means the same as that term is defined in section 3 of P.L.1981, c. 279 ( C.13:1E-51 ). “ Licensed site remediation professional ” means the same as that term is defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ). “ Remedial action ” means the same as that term is defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ). “ Remediation ” means the same as that term is defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ). “ Steel slag ” means the nonmetallic coproduct that results from the production of steel in an

electric arc furnace, and that is: (1) not a hazardous waste, as determined by the department; (2) poured from the furnace in a molten state, cooled, and processed to remove free

metallic compounds; and (3) sold and distributed in the stream of commerce as an aggregate and managed as

an item of value in a controlled manner, and is not discarded. 1

L.2022, c. 17, eff. June 24, 2022.