"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. 3763

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ALIXON COLLAZOS-GILL

District 27 (Essex and Passaic)

Co-Sponsored by:

Assemblyman Sampson and Assemblywoman Rowan

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As reported by the Assembly Environment and Solid
Waste Committee on March 16, 2026, with amendments.

��

An Act

concerning containment of contractor pollution
and supplementing Title 56 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� This act shall be known
and may be cited as the �Construction Containment and Pollution Prevention Act.�

���� 2.��� As used in this act:

���� �Department� means the
Department of Community Affairs.

���� �Containment device� means any
physical barrier, tent, hood, enclosure, filter, vacuum attachment, tarp, or
wet‐cutting apparatus designed to prevent the escape of dust, debris,
microplastics, or other pollutants from a worksite.

���� �Contractor� means any
1
[
individual,
firm, partnership, association, or corporation engaged in
]

person or
business entity performing
1

construction, renovation, demolition, or
1
permit-required
1
maintenance

1
[
activities on
any commercial or residential property in this State
]

that involves a covered
activity
1
.

����
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
1
[
or
]

,
1
water
1
, or open
air
1

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

1
covered
1
activity

1
[
that generates
dust or particulate matter
]
1
:

���� (1) a vacuum attachment or
wet‐cutting system is used;

���� (2) all such
1
covered
1
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 tarp or drop cloth is
positioned beneath all power tools or work areas to capture falling particles
and fragments;

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

���� (5)
1
[
filters
meeting American Society for Testing and Material specifications D4491, D4751,
and D4355 are installed at any stormwater inlet receiving runoff from the
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 Protection
1
.

���� c.���� A contractor shall
maintain records demonstrating use of containment devices and proper disposal
practices, and make such records available for inspection by the department for
a period of two years.

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

���� (1) �explain the key
requirements of this act, including when and how to use containment devices,
perform daily cleanup, and install stormwater filters; describe the risks, such
as public health hazards; describe the construction contractor penalties for
non-compliance; and include simple diagrams illustrating the correct setup of
vacuum attachments, enclosures, tarps, and filters;
1
and
1

���� (2) �require an on-site
briefing before work begins, with a brief checklist to confirm understanding;
and review and update educational materials whenever the department issues new
guidance.

���� 4.��� A contractor shall not
discharge, sweep, blow, or otherwise deposit pollutants generated on the
worksite into
1
the
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.

���� 5.��� a.� The department, or a
local construction official, shall have the authority to inspect any worksite
to ensure compliance with this act.

���� b.�
1
In
administering and implementing the provisions of this act, the department may
consult with the Department of Environmental Protection, as necessary.

����
c.
1
� A
contractor that violates the provisions of section 3 or 4 of this act shall be
subject to penalty as follows:

���� (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.

����
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.
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.

���� 6.��� The department
1
, in
consultation with the Department of Environmental Protection,
1
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.

���� 7.��� This act shall take
effect on the 90th day following enactment and shall apply to all construction
permits issued on or after that date.