N.J. Stat. § 13:1E-99.155 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.155
P.L.2020, c.117 not affected.
Status: in_force

21. Nothing in this act shall be construed to alter, limit, or otherwise affect any of the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.). L.2021, c.391, s.21.
N.J. Stat. § 13:9-44.8 — NJ Code / Title 13 / Chapter 9 / Section 9-44.8
Rights-of-way of railroads; burning and clearance; failure to comply; notice; declaration as public nuisance
Status: in_force

The rights-of-way of all railroads which are operated through forests shall be prescribed burned by the railroad during the fall and winter months and kept cleared of all obsolete ties or other flammable material. The department shall notify the owner of such property that failure to comply will result in the property being declared a public nuisance which by reason of its condition or operation is a special forest fire hazard and as such endangers other property or human life. The department shall notify the owner of such property or the person responsible for the condition or operation thereof, that it has been declared a public nuisance and order him to abate it. L.1981, c. 369, s. 8, eff. Dec. 30, 1981.
N.J. Stat. § 13:1B-15.12a8 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.12a8
Acquisition of land by purchase, gift or otherwise
Status: in_force

The department is authorized to acquire by purchase, gift, or otherwise any land or any interest therein that will serve to further the purposes of this act and the act to which this act is a supplement. L.1975, c. 363, s. 9, eff. March 3, 1976.
N.J. Stat. § 13:13A-8 — NJ Code / Title 13 / Chapter 13A / Section 13A-8
Acquisition of lands by gift, devise, purchase or eminent domain; authorization
Status: in_force

The department shall have power to take title, in fee or otherwise, by gift or devise, and, if funds are made available for these purposes from time to time, by purchase or eminent domain to such lands appertaining to the park and to any rights, interests and easements therein, in the name of the State of New Jersey. In the event that it becomes necessary or advisable to acquire any lands or interest therein for the purpose of this act by eminent domain, the procedure for condemnation of such lands shall be taken in accordance with the provisions of the "Eminent Domain Act of 1971," P.L.1971, c. 361 (C. 20:3-1 et seq.). L.1974, c. 118, s. 8, eff. Oct. 10, 1974.
N.J. Stat. § 13:1E-28 — NJ Code / Title 13 / Chapter 1E / Section 1E-28
Annual payment to host municipality
Status: in_force

19. a. Any municipality within which a sanitary landfill facility is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit not less than the equivalent of $1.00 per ton of solids on all solid waste accepted for disposal at the sanitary landfill facility during the previous calendar year as determined by the department. The owner or operator of the sanitary landfill facility shall annually pay to the relevant municipality the full amount due under this subsection and each relevant municipality is empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the sanitary landfill facility may, subject to the prior agreement of the relevant municipality and the approval of the Department of Environmental Protection, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a sanitary landfill facility: (1) The receipt of annual sums of money in lieu of taxes on the land used for the sanitary landfill facility; (2) The exemption from all fees and charges for the disposal of solid waste generated within its boundaries; (3) The receipt of a lump sum cash payment; or (4) Any combination thereof. b. (Deleted by amendment, P.L.1994, c.27). c. Every owner or operator of a sanitary landfill facility required to make annual payments to a municipality pursuant to subsection a. of this section may petition the Department of Environmental Protection for an increase in its tariff which reflects these payments. The department, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be passed along to the users of the sanitary landfill facility as an automatic surcharge on any tariff filed with, and recorded by, the department for the solid waste disposal operations of the facility. d. In issuing any order required by this section, the Department of Environmental Protection shall be exempt from the provisions of R.S.48:2-21. L.1975,c.326,s.19; amended 1985,c.38,s.38; 1991,c.381,s.39; 1993,c.152; 1994,c.27,s.1.
N.J. Stat. § 13:1L-26 — NJ Code / Title 13 / Chapter 1L / Section 1L-26
Findings, declarations relative to establishment of Forest Health Advisory Council.
Status: in_force

1. The Legislature finds and declares that trees and forests help clean and refresh the air by filtering dust and particulates and by absorbing carbon dioxide and releasing oxygen; that trees and forests also help clean the waters of the State, stabilize soils, provide shade, and furnish food and shelter to birds and other wildlife; and that the beautiful and majestic trees which form an integral part of the streetscapes of New Jersey's municipalities produce a calming effect and create a sense of peace and community. The Legislature further finds and declares that oak trees are an historically important part of the landscape of New Jersey; that the red oak is the State Tree and the pin oak is one of the top five most commonly planted street trees in the State; and that oak trees, as well as other important tree species and forests, in New Jersey are now threatened by various pathogens. The Legislature further finds and declares that Sudden Oak Death, a highly contagious and mysterious pathogen, discovered in California in 1995, represents a looming threat to New Jersey forests and poses a threat to every species of oak, redwood and Douglas fir in the country; that Sudden Oak Death, one of the most virulent forest epidemics ever to hit the United States, is caused by the deadly fungus-like algae, Phytophthora ramorum, which thrives in cool climates and is responsible for widespread tree mortality in central and northern California; and that while the disease originated in California, killing tens of thousands of oaks along the northern coast of that state, it now threatens forests in the East and South as well as California. The Legislature further finds and declares that the potential eastward spread of this disease could wreak havoc to New Jersey's forests and ecosystems, due to the unprecedented capacity of this pathogen to spread very quickly; and that the disease is transmitted through the dispersal of microbes in nursery plants imported into the United States, through the interstate movement of plant materials, foliage, firewood, wood products, leaves, and soil, and through the movements of humans, insects and birds. The Legislature further finds and declares that Bacterial Leaf Scorch is a disease caused by bacteria that clog the water transport vessels in a tree, thereby blocking the flow of water from roots to leaves and causing the leaves to scorch and die, leading to the decline and eventual mortality of the tree; that the economic impact of this disease could be devastating to the budgets of New Jersey's municipalities because the affected trees will need to be pruned and in many cases removed to address potential hazards caused by the disease; that the aesthetic impact of this disease also will be felt throughout New Jersey's affected municipalities as the character of neighborhoods change due to the removal of larger trees and their replacement with new trees that will take decades to grow to maturity; and that Bacterial Leaf Scorch will impact not only streetscapes but also traditional forests for which there will be a need to survey, sample, and monitor for this disease. The Legislature therefore determines that studying and tracking the spread of these exotic pathogens, for which there are no known cures, and other forest health issues is critical to preventing a potential ecological disaster in New Jersey's forests and significant harm to the State's resource of community trees. L.2007,c.44,s.1.
N.J. Stat. § 13:1D-13.1 — NJ Code / Title 13 / Chapter 1D / Section 1D-13.1
Unclassified titles
Status: in_force

2. a. Notwithstanding any provision of law to the contrary in Title 11A (Civil Service) of the New Jersey Statutes, the following titles in the Department of Environmental Protection shall be assigned or reassigned, within 60 days of the effective date of this act, to the unclassified service: (1) Assistant commissioners; and (2) Except as otherwise provided in subsection b. and d. of this section, division directors. b. The titles of Director, Division of Personnel and Director, Division of Fiscal Management and General Services, in the Department of Environmental Protection, shall remain, as applicable, in the competitive division of the classified service or the senior executive service. c. The Commissioner of Environmental Protection shall, within 60 days of the effective date of this act and thereafter, appoint all persons to the positions with titles assigned or reassigned to the unclassified service pursuant to this section, who shall serve at the pleasure of the commissioner. d. The provisions of this section shall not apply to the Director of the Division of Fish, Game and Wildlife, as reconstituted pursuant to section 25 of P.L.1948, c.448 (C.13:1B-23). L.1991,c.415,s.2.
N.J. Stat. § 13:1E-99.88 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.88
Manufacturer's report to commissioner relative to implementation of mercury minimization plan.
Status: in_force

7. a. One year after the implementation of a mercury minimization plan approved pursuant to section 5 of this act, and annually thereafter, a manufacturer subject to section 4 of this act shall, individually or as part of a group, report to the commissioner concerning the implementation of the mercury minimization plan. The report shall include, but need not be limited to, the following: (1) a detailed description and documentation of the capture rate achieved, with the goal of achieving a mercury switch capture rate of at least 90 percent, consistent with the principle that mercury switches shall be recovered unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding where the mercury switch is located; (2) a description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch capture rate of at least 90 percent is not achieved; (3) the number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, the number of end-of-life vehicles processed for recycling, and a description of how the mercury switches were managed; and (4) a description of the amounts paid to cover the costs of implementing the mercury minimization plan. b. The commissioner may discontinue the requirement for the annual report pursuant to subsection a. of this section upon a finding that mercury switches in end-of-life vehicles no longer pose a significant threat to the environment or to public health. L.2005,c.54,s.7.
N.J. Stat. § 13:1M-14 — NJ Code / Title 13 / Chapter 1M / Section 1M-14
Report on producible quantity
Status: in_force

Within seven days of determining that the well will yield a commercially producible quantity of oil or natural gas, the holder of a permit issued under section 2 of this act shall file a written report to the department providing, in addition to any other information required by the department, the location and depth of the well, the estimated quantity of oil or natural gas producible from the well and any plans for its extraction. L. 1985, c. 432, s. 14, eff. Jan. 13, 1986.
N.J. Stat. § 13:1F-4.3 — NJ Code / Title 13 / Chapter 1F / Section 1F-4.3
Rules and regulations, neonicotinoid pesticides.
Status: in_force

2. a. No later than 12 months after the effective date of P.L.2021, c.386 (C.13:1F-4.2 et seq.), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations classifying neonicotinoid pesticides as restricted use pesticides. b. No later than 12 months after the effective date of P.L.2021, c.386 (C.13:1F-4.2 et seq.), and every three years thereafter, the department shall review the latest scientific information concerning neonicotinoid pesticides, and classify as a restricted use pesticide any neonicotinoid pesticide that the department determines will cause harm to populations of pollinating bees, birds, other pollinating wildlife, or aquatic invertebrates. Any person may petition the department at any time to classify a pesticide pursuant to this section. c. The provisions of this section shall not apply to: (1) any pet care, veterinary, personal care, or indoor pest control pesticide product; (2) an application for the commercial production of a preserved wood product; (3) the application by a licensed pesticide applicator of a neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests provided that the neonicotinoid pesticide is not applied on any plant; (4) any direct action taken by certified and licensed responsible pesticide applicators or by persons working under their direct supervision within the New Jersey Department of Agriculture or its agents, or within the Department of Environmental Protection or its agents, against any invasive plant or pest; or (5) any application to protect agricultural seeds. Notwithstanding the provisions of paragraph (3) of this subsection to the contrary, the application by a licensed pesticide applicator of a neonicotinoid pesticide adjacent to a building foundation perimeter to manage structural pests may be extended by an additional four feet, if such additional area is necessary to treat the source of the infestation and the application is limited to a spot-targeted treatment of the source of the infestation only. d. Nothing in this section shall be construed to impose liability on any news media that accept or publish advertising for any product or activity that would otherwise be subject to the provisions of this section. L.2021, c.386, s.2.
N.J. Stat. § 13:1E-99.21e — NJ Code / Title 13 / Chapter 1E / Section 1E-99.21e
Jurisdiction over charges, rates; revenue not included in tariff computation
Status: in_force

Notwithstanding the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.) or any other law, rule or regulation to the contrary, the Board of Public Utilities shall not have jurisdiction over charges or rates for services provided by persons engaging in the transportation of leaves to a leaf composting facility, vegetative waste composting facility, recycling center or lands owned or operated by a recognized academic institution authorized or approved by the Department of Environmental Protection pursuant to P.L.1989, c.151 (C.13:1E-99.21a et al.). The revenues generated by persons engaging in the transportation of leaves shall not be included within the computation of current or adjusted tariffs established pursuant to law for solid waste collection. L.1989,c.151,s.11.
N.J. Stat. § 13:1B-15.108 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.108
Historic sites council; members; terms; compensation; vacancies; removal
Status: in_force

Within the Division of Parks, Forestry and Recreation of the Department of Conservation and Economic Development there shall be an Historic Sites Council consisting of 11 members. Each member of the council shall be appointed by the Governor with the advice and consent of the Senate, from among citizens of New Jersey or persons otherwise associated with the State who are known for their competence and experience in connection with historic sites preservation and related areas, to serve for a term of 4 years from the date of his appointment, except that of those first appointed, one shall be appointed for a term of 1 year, 2 for 2 years, 4 for 3 years, and 4 for 4 years. Members of the council shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. The members of the council shall elect annually a chairman and vice-chairman from their number. The council shall organize and adopt procedures for the conduct of its business. The director or an employee of the division designated by him shall serve as secretary of the council. The chairman of the council shall be its presiding officer. Any vacancies in the membership of said council occurring other than by expiration of term shall be filled by the Governor, with the advice and consent of the Senate, for the unexpired term only. Any member of the council may be removed from office by the Governor, for cause, upon notice and opportunity to be heard. L.1967, c. 124, s. 1, eff. June 21, 1967.
N.J. Stat. § 13:1D-125 — NJ Code / Title 13 / Chapter 1D / Section 1D-125
Findings, declarations relative to enforcement of environmental laws
Status: in_force

1. The Legislature finds and declares that: The Department of Environmental Protection has historically measured the success of its enforcement programs based upon the magnitude of penalties imposed, correlating higher penalties with greater success, and that this paradigm is predicated upon the belief that the threat or imposition of monetary sanctions is the sole economic incentive inducing compliance and the dominant force driving corporate compliance decisions and investments. The economic dynamics of pollution control and waste management have substantially changed since the inception of environmental regulatory and enforcement programs; that considerable market forces now exist which substantially influence the economics of compliance; that the threat or imposition of monetary sanctions is no longer the dominant force driving corporate compliance decisions and investments; and that the enforcement programs administered by the Department of Environmental Protection should recognize these changes in the factors which influence compliance. There are equally effective alternative methods to promote compliance with environmental laws, such as establishing grace (compliance) periods, which are especially well-suited for minor violations that have minimal, if any, effect upon public health, safety or natural resources, and that the Department of Environmental Protection affords grace (compliance) periods in certain regulatory programs for minor violations of environmental laws, but this policy is not consistently applied throughout all regulatory programs. Expanding the use of grace (compliance) periods will promote compliance by allowing those members of the regulated community who are committed to working diligently and cooperatively toward compliance, to invest private capital in pollution control equipment and other measures which will yield long-term environmental benefits, instead of in costly litigation and the payment of punitive monetary sanctions. Establishing a policy for the consistent application of grace (compliance) periods for minor violations is a proper exercise of the Department of Environmental Protection's enforcement discretion and will enable the Department of Environmental Protection to more sharply focus limited public resources on serious violations of environmental law. Establishing and employing grace (compliance) periods for minor violations will ensure the administration of an effective, consistent, sensible and fair enforcement program by the Department of Environmental Protection, and promote the health and safety of the public and the protection of natural resources. Persons responsible for minor violations of environmental laws should be afforded a grace (compliance) period, and if the person responsible for the violation achieves compliance within the grace period, the Department of Environmental Protection should refrain from imposing penalties. The economic dynamics of compliance, in combination with an evolving environmentally-sensitive corporate ethic, have resulted in the initiation of environmental audits by regulated entities and the consequent discovery of violations of environmental laws. Environmental enforcement policies should promote and encourage the initiation of environmental audits, the diligent remediation of violations so discovered and the immediate and voluntary disclosure of such violations to the Department of Environmental Protection. The Department of Environmental Protection should refrain from imposing monetary sanctions for violations immediately and voluntarily disclosed, provided certain conditions are met. L.1995,c.296,s.1.
N.J. Stat. § 13:1B-39 — NJ Code / Title 13 / Chapter 1B / Section 1B-39
Pending prosecutions; violation of laws rendered inoperative
Status: in_force

The adoption by the council of any regulation pursuant to the provisions of this article shall not affect any prosecution pending on the effective date of such regulation, nor prevent the institution of any prosecution for violation of any of the provisions of law rendered inoperative by the taking effect of such regulation, which was committed prior to the effective date of such regulation; but all such pending prosecutions shall be completed, and all such violations shall be prosecuted, in the same manner, and under the same authority, and with like effect, as prior to the effective date of such regulation. L.1948, c. 448, p. 1832, s. 90.
N.J. Stat. § 13:1L-10 — NJ Code / Title 13 / Chapter 1L / Section 1L-10
Destruction of park property, archaeological findings, sites prohibited.
Status: in_force

10. a. (1) Except as may be provided pursuant to subsection c. or subsection d. of this section, no person may alter, deface, destroy, disturb, or remove any State park or forest property, whether man-made or natural, or any animal, or any archaeological findings on State park or forest property or which are held by the department pursuant to the provisions of P.L.1983, c.324 (C.13:1L-1 et seq.), without the written permission of the department. As used in this section, "archaeological findings" shall include, but need not be limited to, relics, objects, fossils, or artifacts of an historical, prehistorical, geological, paleontological, archaeological or anthropological nature. (2) No person may sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any archaeological findings originating in a State park or forest property without the written permission of the department. b. No person may litter or abandon any material on State park or forest property held pursuant to the provisions of P.L.1983, c.324 (C.13:1L-1 et seq.). c. The department shall provide for exceptions to the prohibitions concerning archaeological findings set forth in subsection a. of this section for archaeological findings of de minimis value innocently discovered on any State park or forest property. d. No provision of this section shall be construed to restrict or affect in any way fishing, hunting, trapping, or other such activities or related activities otherwise authorized or permitted on State park or forest property by the Department of Environmental Protection. e. Notwithstanding any provision of this section to the contrary, examination or retrieval of artifacts, or scientific research, conducted by a State department, agency, commission, authority or corporation otherwise required or permitted by federal or State law are exempt from the provisions of this section. L.1983,c.324,s.10; amended 2004, c.170, s.2.
N.J. Stat. § 13:19-11 — NJ Code / Title 13 / Chapter 19 / Section 19-11
Grounds for denial of permit application; conditional permit; approval of nuclear electricity generating facility
Status: in_force

11. Notwithstanding the applicant's compliance with the criteria listed in section 10 of P.L.1973, c.185 (C.13:19-10), if the commissioner finds that the proposed development would violate or tend to violate the purpose and intent of this act as specified in section 2 of P.L.1973, c.185 (C.13:19-2), or that the proposed development would materially contribute to an already serious and unacceptable level of environmental degradation or resource exhaustion, the commissioner may deny the permit application, or the commissioner may issue a permit subject to such conditions as the commissioner finds reasonably necessary to promote the public health, safety and welfare, to protect public and private property, wildlife and marine fisheries, and to preserve, protect and enhance the natural environment. The construction and operation of a nuclear electricity generating facility shall, however, not be approved by the commissioner unless the commissioner finds that the proposed method for disposal of radioactive waste material to be produced or generated by the facility will be safe, conforms to standards established by the Nuclear Regulatory Commission and will effectively remove danger to life and the environment from such waste material. L.1973,c.185,s.11; amended 1993,c.190,s.12.
N.J. Stat. § 13:9-7 — NJ Code / Title 13 / Chapter 9 / Section 9-7
State firewarden, supervisors, deputies and other officers and employees; appointment, removal and compensation
Status: in_force

The department may appoint, removable by the department after charges have been preferred and hearing granted, a State firewarden, and such supervisors, deputies, assistants, other officers and employees as may be needed and fix their compensation. The department may create job titles and appoint with or without annual salary, a work force necessary to conduct the business of the service. Amended by L.1981, c. 369, s. 17, eff. Dec. 30, 1981.
N.J. Stat. § 13:1L-8.1 — NJ Code / Title 13 / Chapter 1L / Section 1L-8.1
Definitions.
Status: in_force

1. As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "County and municipal parks and open space" means parks, forests, historic sites, natural areas, wildlife management areas, and any other lands, waters, and facilities owned or administered by a county or a municipality, or an agency thereof, for recreation and conservation purposes. "Department" means the Department of Environmental Protection. "Foundation" means the New Jersey State Parks and Open Space Foundation established pursuant to section 2 of this act. "Qualifying tax exempt nonprofit organization" means a nonprofit organization that is exempt from federal taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501 (c)(3), and which qualifies for a grant pursuant to section 27 P.L.1999, c.152 (C.13:8C-27). "State parks and open space" means State parks, forests, historic sites, natural areas, wildlife management areas, and any other lands, waters, and facilities owned or administered by the department for recreation and conservation purposes. L.2023, c.256, s.1.
N.J. Stat. § 13:9B-5 — NJ Code / Title 13 / Chapter 9B / Section 9B-5
Permit process
Status: in_force

a. The department shall consolidate the processing of wetlands related aspects of other regulatory programs which affect activities in freshwater wetlands, including, but not limited to, sewer extension approvals required pursuant to P.L. 1977, c. 74 (C. 58:10A-1 et seq.), permits required pursuant to P.L. 1973, c. 185 (C. 13:19-1 et seq.), and any permits and approvals required pursuant to P.L. 1977, c. 75 (C. 58:11A-1 et seq.) and P.L. 1962, c. 19 (C. 58:16A-50 et seq.), with the freshwater wetlands permit process established herein so as to provide a timely and coordinated permit process consistent with the Federal Act. b. Within 60 days after the department receives comment on a complete application for a permit from the United States Environmental Protection Agency, or upon receipt of notice from the United States Environmental Protection Agency that no comment will be forthcoming, the department may hold a public hearing on the application for a permit. If such a hearing is held, it shall be in the county wherein the freshwater wetland is located whenever practicable. The department may issue or deny a permit without a public hearing, unless there is a significant degree of public interest in the application as manifested by written requests for a hearing within 20 days after the publication of notice of the permit application in the bulletin of the department. c. The department shall issue or deny a permit within 90 days of receipt of comments, or notice that comments will not be forthcoming, from the United States Environmental Protection Agency, or within 180 days of submittal of a complete application, whichever is later. Until the State assumes the implementation of the Federal Act, the department shall issue or deny a permit within 180 days of submittal of a complete application, except as may otherwise be provided by the Federal Act. The department shall review an application for a permit for completeness, and make any necessary requests for further information, within 30 days of receipt of the application for a permit; provided, however, that this deadline shall not apply to requests for further information made by the department on the basis of comments received from the United States Environmental Protection Agency. If the department issues the permit, the department shall send notice thereof to the applicant. If the department denies, or requests a modification of, the complete permit application, the department shall send notice thereof to the applicant. The department may issue a permit imposing conditions necessary for compliance with this act and the "Water Pollution Control Act," P.L. 1977, c. 74 (C. 58:10A-1 et seq.). d. The fees authorized pursuant to sections 8, 9, and 17 of this act shall be dedicated to further the specific purposes of this act. L. 1987, c. 156, s. 5.
N.J. Stat. § 13:9C-2 — NJ Code / Title 13 / Chapter 9C / Section 9C-2
Responsibilities of the department, council
Status: in_force

2. a. The Department of Environmental Protection, in addition to its responsibilities under P.L.1987, c.156 (C.13:9B-1 et al.) and P.L.1970, c.272 (C.13:9A-1 et seq.), and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt, within six months of the effective date of this act, rules and regulations to assist counties in identifying areas suitable for wetlands creation, enhancement, or restoration, and which shall be used by the Wetlands Mitigation Council to approve or disapprove areas so identified by the governing body of a county. b. If the governing body of a county submits to the council a map of areas proposed for use in wetlands creation, enhancement, or restoration, and any supporting documents or information that the council may require, the council shall review and approve or disapprove the submittal within 120 days of receipt thereof. The council may conduct site visits and evaluations as may be necessary within that time to confirm the suitability for wetlands creation, enhancement, or restoration of the areas being proposed. The council may approve some of the areas identified by the county while disapproving other areas, stating the reasons for the disapproval of areas in writing. c. Whenever the department issues a wetlands permit within a county with an approved list of areas suitable for wetlands creation, enhancement, or restoration and the department is requiring wetlands creation, enhancement, or restoration as a condition of the permit, the department may utilize the list of sites approved by the council for that county in identifying the areas wherein the wetlands creation, enhancement, or restoration activities are to take place. L.1993,c.298,s.2.
N.J. Stat. § 13:1E-138 — NJ Code / Title 13 / Chapter 1E / Section 1E-138
Solid waste services, tax; obligation to pay.
Status: in_force

3. a. There is levied upon the owner or operator of every sanitary landfill facility a solid waste services tax. The services tax shall be imposed on the owner or operator at the rate of $1.65 per ton of solid waste on all solid waste accepted for disposal at a sanitary landfill facility. No services tax shall be levied on the owner or operator of a sanitary landfill facility for the acceptance for disposal of the waste products resulting from the operation of a resource recovery facility. The services tax imposed by this subsection shall expire on the first day of the first month after the effective date of P.L.2007, c.311 (C.13:1E-96.2 et al.). However, this expiration shall not affect any obligation, lien or duty to pay taxes that may be due with respect to the imposition of any levy, or interest or penalties that may accrue by virtue of any assessment, which may be made with respect to taxes levied for any taxable year or part of a taxable year, prior to the first day of the first month after the effective date of P.L.2007, c.311 (C.13:1E-96.2 et al.), nor shall this expiration affect the legal authority to assess and collect the taxes that may be due and payable under subsection a. of section 3 of P.L.1985, c.38 (C.13:1E-138), as the case may be, together with such interest and penalties as would accrue thereon under section 6 of P.L.1985, c.38 (C.13:1E-141), nor shall the expiration invalidate any assessment or affect any proceeding for the enforcement thereof. b. (Deleted by amendment, P.L.2007, c.311). c. (Deleted by amendment, P.L.2007, c.311). d. If any owner or operator of a sanitary landfill facility determines the quantity of solid waste accepted for disposal by a measure other than tons, the taxes imposed pursuant to the provisions of this section shall be levied at an equivalent rate as determined by the director. e. No taxes shall be levied on the owner or operator of a sanitary landfill facility for the acceptance of solid waste generated exclusively by an agency of the federal government if a solid waste collector submits to the owner or operator an itemized invoice, signed and verified by an authorized officer of the federal agency, indicating the number of tons of solid waste to be disposed of, and a copy of the contract with the federal agency for the collection of solid waste with an effective date prior to May 1, 1985. Taxes shall be levied on the owner or operator for acceptance of solid waste generated by a federal agency if the contract between the federal agency and the solid waste collector was entered into, or renewed, on or after May 1, 1985. L.1985, c.38, s.3; amended 2007, c.311, s.11.
N.J. Stat. § 13:13A-1 — NJ Code / Title 13 / Chapter 13A / Section 13A-1
Short title
Status: in_force

This act shall be known and may be cited as the "Delaware and Raritan Canal State Park Law of 1974." L.1974, c. 118, s. 1, eff. Oct. 10, 1974.
N.J. Stat. § 13:1M-10 — NJ Code / Title 13 / Chapter 1M / Section 1M-10
Report after completion
Status: in_force

A person drilling an oil or gas well within this State shall, within 30 days after the conclusion of drilling or after the plugging and abandonment of the well, file with the Department of Environmental Protection in a form and manner prescribed by the department an accurate report designating: a. The purpose for which the well was drilled; b. The character, depth, and thickness of geological formations encountered, including freshwater, mineral beds, brine and oil and gas bearing formations; c. The length in feet of the various sizes of casing and tubing used in drilling the well, the amount removed after completion, the type and setting depth of each packer, and all other data relating to mudding in the annular space behind the casing or tubing, indicating completion as a dry, gas, oil, combination oil and gas, brine, or artificial brine well; and d. The elevation above mean sea level of the point from which the depth measurements were made, stating also the height of the point above ground level at the well. Upon request in writing by the department prior to the commencement of drilling of the well, the person performing the drilling operation shall make available a complete set of cuttings accurately identified as to depth. The department may, at its discretion, conduct geophysical borehole logs independently of the applicant before plugging a productive well. L. 1985, c. 432, s. 10, eff. Jan. 13, 1986.
N.J. Stat. § 13:12-17 — NJ Code / Title 13 / Chapter 12 / Section 12-17
Sale of canal property outside municipalities to municipalities; public sale
Status: in_force

If any municipality mentioned in section 13:12-16 of this title shall fail to accept the terms and compensation for any such property fixed by the canal and banking company or upon review of its decision by the board of public utility commissioners as provided in said section 13:12-16 or if prior to the first day of January, one thousand nine hundred and thirty-one, any such municipality shall have failed to adopt the resolution mentioned in said section 13:12-16, or if prior to such date any such municipality shall have adopted a resolution declaring that it does not desire to acquire the property of the canal and banking company within its limits, then, and in either of such cases, the canal and banking company may transfer such property as hereinafter in this section provided. In the first place, the canal and banking company shall offer, subject to the same review as provided in said section 13:12-16, to any municipality which shall have taken appropriate steps to acquire the canal property lying within its boundaries pursuant to said section 13:12-16, such portions of the canal lying in any municipality or municipalities which shall have failed to take the necessary steps to acquire such property, as shall form a single, contiguous tract capable of development for the purpose for which the first mentioned municipality shall have acquired its tract. In the second place, if, after a reasonable time, any municipality to which any such canal property lying without its limits shall have been offered, shall fail to have availed itself of such offer, the canal and banking company, after advertisement, in such manner as may be determined by its board of directors, shall sell any unsold portions of the canal property to the highest bidder deemed by such board of directors to be responsible, at public or private sale; but no such sale shall be made unless first approved, in writing, by the governor of the state of New Jersey; and at such sale any municipality through which such canal may pass, either alone or jointly with other municipalities through which such canal may pass, may bid for any parcel of the canal so offered for sale. Upon any such sale, any previous dedication of the property so sold to any public use shall cease and be of no further force and effect, and the purchaser shall be entitled to take and hold such property free from any previous dedication to any public use. The canal company is also hereby authorized to sell, in such manner and for such price and upon such terms as its board of directors may deem advisable, the structures and parts thereof and other materials to be removed on dismantling the canal as provided for in section 13:12-19 of this title and other personal property no longer useful in connection with the canal.
N.J. Stat. § 13:1E-158 — NJ Code / Title 13 / Chapter 1E / Section 1E-158
Approvals required
Status: in_force

a. A contracting unit shall submit any proposed contract negotiated with a qualified vendor pursuant to the provisions of this act to the Division of Rate Counsel for review, and to the department, the Board of Public Utilities, and the Division of Local Government Services for review and approval pursuant to the provisions of section 24 through section 28 of this amendatory and supplementary act. L. 1985, c. 38, s. 23, eff. Feb. 4, 1985.
N.J. Stat. § 13:19-11.1 — NJ Code / Title 13 / Chapter 19 / Section 19-11.1
Low, moderate income housing, no conditions for
Status: in_force

1. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not require the provision for low and moderate income housing as a condition for approval of an application to construct or undertake a development in the coastal area pursuant to the provisions of P.L.1973, c.185 (C.13:19-1 et seq.). L.1986,c.145,s.1; amended 1993,c.190,s.13.
N.J. Stat. § 13:1E-117 — NJ Code / Title 13 / Chapter 1E / Section 1E-117
Scales to determine weight of vehicles disposing of waste; record; exemption
Status: in_force

All new solid waste facilities, other than privately-owned, noncommercial, onsite industrial solid waste facilities which do not accept solid waste generated from any other source and solid waste facilities used exclusively for the land disposal of sludge, shall install and use scales to determine the gross and net tare weight of all vehicles disposing of solid waste at these facilities. The registered operator of each new facility shall maintain a monthly record of the weight and vehicle information for the solid waste disposed of at the facility. This information shall be forwarded to the department on a monthly basis and shall be made available by the department for public inspection. For the purposes of this act, a "new solid waste facility" means any solid waste facility for which a registration statement and engineering design has been filed with the department subsequent to the effective date of this act. The department may adopt regulations or guidelines exempting any class of new solid waste facility from this requirement, except that in no case shall the department exempt any facility the total disposal design capacity of which exceeds 100,000 tons of non-liquid solid waste, as computed by the department. All existing solid waste facilities that are identified in an approved district solid waste management plan for operation after January 1, 1985 and which accept in excess of 31,200 tons of non-liquid solid waste annually, as computed by the department, shall install scales within six months of the effective date of this act. Any existing solid waste transfer station, or any solid waste transfer station for which a registration statement and engineering design are filed after the effective date of this act, which accepts less than 31,200 tons of non-liquid solid waste annually, as computed by the department, shall be exempt from the provisions of this act. L.1983, c. 93, s. 1.
N.J. Stat. § 13:1D-57 — NJ Code / Title 13 / Chapter 1D / Section 1D-57
Disposition of proceeds; management of lands
Status: in_force

7. a. Except as provided pursuant to section 8 of P.L.1983, c.324 (C.13:1L-8) and sections 1 and 3 of P.L.1958, c.93 (C.23:8A-1 and C.23:8A-3), any proceeds obtained from the conveyance of lands acquired or developed by the State with Green Acres funds, or acquired or developed by the State in any other manner and administered by the department, shall be deposited in the appropriate Green Acres fund or such other fund that may be specially created therefor, to be appropriated to, and utilized by, the department for the acquisition of lands by the State for recreation and conservation purposes. b. Except as provided pursuant to section 8 of P.L.1983, c.324 (C.13:1L-8) and sections 1 and 3 of P.L.1958, c.93 (C.23:8A-1 and C.23:8A-3), any lands obtained in exchange for lands acquired or developed by the State with Green Acres funds, or acquired or developed by the State in any other manner and administered by the department, shall be managed by the department for the same purposes as those lands of the State that were exchanged. L.1993,c.38,s.7.
N.J. Stat. § 13:1E-110 — NJ Code / Title 13 / Chapter 1E / Section 1E-110
Landfill closure account audits
Status: in_force

a. Every owner or operator of a sanitary landfill facility which accepts more than 10,000 tons of solid waste per year, or whose escrow account balance is in excess of $100,000.00, shall file with the department an annual audit of the escrow account established for the closure of the facility pursuant to this supplementary act. The audit shall be conducted by a certified public accountant, a registered municipal accountant, or a registered public accountant, and shall be filed no later than October 31 of each year. b. Any moneys remaining in the escrow account of any sanitary landfill facility subsequent to the proper and complete closure thereof, as determined by the department, shall be paid by the owner or operator thereof into the fund. L. 1981, c. 306, s. 11. Amended by L. 1985, c. 455, s. 1, eff. Jan. 15, 1986.
N.J. Stat. § 13:17-91 — NJ Code / Title 13 / Chapter 17 / Section 17-91
Powers of trust.
Status: in_force

5. The Meadowlands Conservation Trust shall have the power to: a. Sue and be sued in its own name; b. Adopt a seal and alter it at pleasure; c. Adopt bylaws for the regulation of its affairs and the conduct of its business, and adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as necessary to implement this act; d. Maintain an office or offices at such place or places within the State as it may designate; e. Appoint such officers, who need not be trustees, in addition to a secretary and a treasurer, as the trust shall deem advisable, to establish advisory groups, and to employ such other employees, consultants, and agents, including an executive director, as may be necessary or desirable in its judgment, to fix their compensation, and to promote and discharge such officers, employees, consultants, and agents, all without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes; f. Authorize, if deemed useful, the establishment by appropriate persons or organizations of a nonprofit organization or organizations exempt from taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code of 1986, 26 U.S.C.s.501 (c)(3), for the purposes of assisting the trust in furthering the purposes of the trust as set forth in this act; g. Cooperate with and assist, insofar as practicable, any governmental entity or any private entity or person in furtherance of the purposes of the trust; h. Call to its assistance and avail itself of the services of such employees of any governmental entity as it may require and as may be available to it for the purpose of exercising its powers and performing its duties under this act; i. Incur such traveling and other miscellaneous expenses as it may deem necessary in the exercise of its powers and the performance of its duties under this act, and as may be within the limits of funds appropriated or otherwise made available to it for those purposes; j. Acquire in the name of the trust, hold, and dispose of personal property in the exercise of its powers and the performance of its duties under this act; k. Make, enter into, and perform all contracts and agreements necessary or incidental to the exercise of its powers and the performance of its duties under this act. No contract on behalf of the trust shall be entered into for the doing of any work, or for the hiring of equipment or vehicles, if the sum to be expended exceeds the appropriate amount set forth in, or the amount calculated by the Governor pursuant to, section 2 of P.L.1954, c.48 (C.52:34-7), unless the trust first publicly advertises for bids therefor, and awards the contract to the lowest responsible, qualified bidder; but advertising is not required if the contract to be entered into is one for furnishing or performing services of a professional nature, if there is only one source for the product or service being procured, or if the product or service is supplied or rendered by a public utility subject to the jurisdiction of the Board of Public Utilities, and tariffs and schedules of the charges made, charged, or exacted by the public utility for such products to be supplied or services to be rendered are filed with the Board of Public Utilities. The provisions of this subsection shall not prevent the trust from having any work done by its own employees, nor does it apply to repairs, or to the furnishing of materials, supplies or labor, or the hiring of equipment or vehicles, when the safety or protection of its or other public property or the public convenience requires, or the exigency of the circumstances will not admit of such advertisement. In such case the trust shall, by resolution passed by the affirmative vote of a majority of the trustees in attendance, declare the exigency or emergency to exist, and set forth in the resolution the nature thereof and the approximate amount to be expended; l. Apply for and accept any grant or aid, whether from a governmental entity, a nonprofit organization, a foundation or trust, or any other public or private source, that might be or may become available for programs in furtherance of the purposes of the trust, to subscribe to and comply with any rule or regulation with respect to the application of such grant or aid, and to enter into and perform any contract or agreement with respect to the application of such grant or aid; m. Solicit and to accept gifts, donations, legacies, bequests, and endowments, including but not limited to land, money, securities, or other property of value from public or private sources, to enable the trust to acquire and hold or convey land for any purpose which falls within those of the trust; and, unless otherwise specified by the person making such a gift, donation, legacy, bequest, or endowment of money or securities, to invest it in whole or in part as provided in section 6 of P.L.1999, c.31 (C.13:17-92); n. Solicit and accept rents or royalties, if appropriate, and to apply them to furthering the purposes of the trust; o. Apply all moneys, assets, property, or other things of value it may receive as an incident to its operation to furthering the purposes of the trust; p. Plan and implement strategies to maximize land acquisition and preservation and environmental enhancement in the Hackensack meadowlands and the Hackensack river watershed in keeping with the purposes of the trust; q. Acquire and hold, or acquire and convey to other governmental entities, including but not limited to the New Jersey Natural Lands Trust created pursuant to P.L.1968, c.425 (C.13:1B-15.119 et seq.), or to qualified nonprofit organizations, environmentally important, valuable, or sensitive lands located in the Hackensack meadowlands or within the Hackensack river watershed; and to preserve and manage those lands in their natural state or in a largely natural or undeveloped state for the purposes of conserving and enhancing natural resources, including but not limited to wetlands mitigation sites and banks, and protecting elements of natural diversity, providing open space, or providing public outdoor passive recreational opportunities; r. Establish a special working relationship with the Hackensack Meadowlands Development Commission established pursuant to section 5 of P.L.1968, c.404 (C.13:17-5) and the Hackensack Meadowlands Municipal Committee established pursuant to section 7 of P.L.1968, c.404 (C.13:17-7) in furthering the purposes of the trust; s. Establish incentive programs to encourage landowners within the Hackensack meadowlands or the Hackensack river watershed to (1) convey land to the trust or to other public or private entities seeking to preserve land in keeping with the purposes of the trust, or (2) manage their lands in keeping with the purposes of the trust; t. Establish a volunteer stewardship program, and take all reasonable action necessary for management and maintenance of trust property; u. Procure insurance against any losses in connection with its property, operations, or assets, in such amounts and from such insurers as it deems desirable; v. Exercise its powers and perform its duties as required pursuant to sections 9 through 14 of P.L.1999, c.31 (C.39:3-27.100 through C.39:3-27.105) pertaining to the issuance of Meadowlands conservation license plates; and w. Do all acts and things necessary or convenient to exercising its powers and performing its duties under this act in furthering the purposes of the trust. L.1999,c.31,s.5.
N.J. Stat. § 13:20-9 — NJ Code / Title 13 / Chapter 20 / Section 20-9
Consultations, etc. relative to preparation, revisions of regional master plan.
Status: in_force

9. a. During the preparation of the regional master plan or any revision thereof, the council shall consult with the Department of Environmental Protection, the Department of Community Affairs, the State Planning Commission, the Department of Agriculture, the State Agriculture Development Committee, the Department of Transportation, and appropriate officials of local government units and State, regional, and federal departments, agencies and other governmental entities with jurisdiction over lands, waters, and natural resources within the Highlands Region, with interested professional, scientific, and citizen organizations, and with any advisory groups that may be established by the council. The council shall also consult with the Department of Transportation in preparing the transportation component of the regional master plan. The council shall review all relevant federal, State, and private studies of the Highlands Region, the State Development and Redevelopment Plan, municipal, county, and regional plans, applicable federal and State laws and rules and regulations, and other pertinent information on the Highlands Region. b. Prior to adoption of, and in preparing, the regional master plan, the council may, in conjunction with municipalities in the preservation area, identify areas in which redevelopment shall be encouraged in order to promote the economic well-being of the municipality, provided that the redevelopment conforms with the goals of the preservation area and this act , with the standards prescribed pursuant to section 32 of this act, and with the rules and regulations adopted by the Department of Environmental Protection pursuant to sections 33 and 34 of this act. Any areas identified for possible redevelopment pursuant to this subsection shall be either a brownfield site designated by the Department of Environmental Protection or a site at which at least 70% of the area thereof is covered with impervious surface. c. In preparing and implementing the regional master plan or any revision thereto, the council shall ensure that the goals, purposes, policies, and provisions of, and the protections afforded to farmers by, the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.), and any rules or regulations adopted pursuant thereto, are recognized and not compromised in any manner. d. Upon adoption of the regional master plan or any revision thereof, copies thereof shall be transmitted to the Governor, the Legislature, the governing body of every municipality and county located in the Highlands Region, and the State Planning Commission. L.2004,c.120,s.9.
N.J. Stat. § 13:9B-18 — NJ Code / Title 13 / Chapter 9B / Section 9B-18
Transition area waivers
Status: in_force

a. The department shall grant a transition area waiver reducing the size of a transition area to not less than the minimum distance established in subsection b. of section 16 of this act; provided that (1) the proposed activity would have no substantial impact on the adjacent freshwater wetland or (2) the waiver is necessary to avoid a substantial hardship to the applicant caused by circumstances peculiar to the property. If the proposed activity is the construction of a stormwater management facility having no feasible alternative on-site location or is linear development having no feasible alternative location, the department shall approve a further transition area waiver or elimination of a portion of a transition area as necessary to permit the activity. A transition area waiver approved pursuant to this subsection shall not require transition area averaging to compensate for the reduction of transition area distance or for partial elimination of the transition area. b. The department shall also approve transition area waivers reducing the transition area distances established in subsection b. of section 16 of this act and shall also approve waiver applications eliminating portions of transition areas, provided that the applicant submits a transition area averaging plan. The transition area requirements of this act shall be satisfied if the transition area averaging plan expands a portion of the transition area to compensate, on a square footage basis, for reduction of a transition area distance or for partial elimination of a transition area. The applicant shall have the right to determine the area of transition area reduction or partial elimination; provided that the transition area averaging plan will result in a transition area consistent with the provisions of subsection a. of section 16 of this act. If a transition area waiver is approved pursuant to subsection a. of this section, the average transition area required by this subsection shall be based upon the transition area distance established pursuant to subsection a. of this section. If no waiver is approved pursuant to subsection a. of this section, the average transition area shall be based upon the maximum applicable transition area distance provided in subsection b. of section 16 of this act. c. Any other provision of this act to the contrary notwithstanding, the transition area distance from a freshwater wetland of exceptional resource value may be reduced to no less than 75 feet except pursuant to section 12 of this act. A transition area waiver shall be approved pursuant to this subsection only if a transition area distance reduction would have no substantial adverse impact on the adjacent freshwater wetlands or if denial of a transition area waiver would result in extraordinary hardship to the applicant because of circumstances peculiar to the subject property. A transition area waiver approved pursuant to this subsection shall be conditioned on a transition area averaging plan which provides an average transition area of not less than 100 feet. d. The department shall issue or deny an application for a transition area waiver within 90 days of submission of a complete application; provided, however, that if the project or activity for which the transition area waiver is requested also involves a regulated activity in a freshwater wetland, or if an application for a permit to conduct a regulated activity in a freshwater wetland adjacent to the transition area for which the transition area waiver is requested is pending before the department, the department shall approve or deny the transition area waiver within the time period set forth for the approval or denial of a permit in subsection c. of section 5 of this act. L. 1987, c. 156, s. 18.
N.J. Stat. § 13:1B-15.178 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.178
Standards for use of pollinator-friendly native plant species in grid supply solar facilities.
Status: in_force

8. No later than one year after the effective date of P.L.2021, c.169 (C.48:3-114 et al.), the Department of Environmental Protection, in consultation with the board, shall establish standards for the use of pollinator-friendly native plant species and seed mixes in grid supply solar facilities, which are designed to reduce stormwater runoff and erosion, and provide native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds, and pollinators, and which consider compatibility with the security and reliability of grid supply solar facilities.
L.2021, c.169, s.8.
N.J. Stat. § 13:1E-99.81h — NJ Code / Title 13 / Chapter 1E / Section 1E-99.81h
Locations to deliver unwanted propulsion battery.
Status: in_force

8. a. A person seeking to discard an unwanted propulsion battery may deliver the battery or the vehicle that contains the battery, or may otherwise arrange for the collection and delivery of the battery or vehicle as provided in the producer's battery management plan, to: (1) a location designated by the producer of the battery, as specified in the producer's battery management plan; (2) a vehicle recycler that has been authorized by the department to handle, transport, and properly manage used propulsion batteries, provided that the authorized vehicle recycler adheres to the battery management plan approved by the department for that propulsion battery; or (3) an authorized propulsion battery recycler, provided that the employees of the authorized propulsion battery recycler undergo mandatory safety training to ensure the proper management and recycling of such batteries. The department may require, develop, or select appropriate training modules for this purpose or may allow a recycler to submit its own safety training plan for approval. b. No producer of propulsion batteries may refuse to recover a used propulsion battery that it has manufactured, branded, imported, or imbedded into a product in New Jersey, if the battery is collected from a location or using a mechanism designated by the producer in its battery management plan. The producer shall provide for the proper reuse, remanufacturing, repurposing, or recycling of a propulsion battery returned pursuant to this subsection. The provisions of this subsection shall not apply to the original producer of a propulsion battery that has been remanufactured, repurposed, branded, imported, retailed, or embedded into a product application by a secondary producer, unless the secondary producer is in a contractual relationship with the original producer pursuant to subsection c. of section 5 of this act. L.2023, c.222, s.8.
N.J. Stat. § 13:8-24 — NJ Code / Title 13 / Chapter 8 / Section 8-24
Contents of agreement; certification of tax exemption
Status: in_force

As a preliminary to the agreement mentioned in section 13:8-23 of this title, the board shall require that the waters of the fresh water lake or pond mentioned in said section 13:8-23 be actually free to all citizens for a period of at least six months and notices thereof conspicuously posted on the shores of such lake or pond. The board shall also require a covenant that the lake or pond will not be closed to the public without notice given to the board and by signs posted at least six months in advance of such intended closing. When the board shall be satisfied that the waters of such lake or pond are actually free for the use of the public, subject to the provision made in said section 13:8-23, it shall certify to the assessor of the township or other municipality in which such lake or pond is taxable, that, by virtue of the agreement made between the owner and the board, the property has become an adjunct state forest reserve, and by the provisions of this section and said section 13:8-23, is exempt from taxation.
N.J. Stat. § 13:17-55 — NJ Code / Title 13 / Chapter 17 / Section 17-55
Refund of amount of illegal assessments
Status: in_force

When any court of competent jurisdiction shall decide that any assessment has been illegally made, the commission shall refund the amount thereof, if the same has been paid, and if a new assessment of less amount is to be made, then the difference between the new assessment and the amount paid shall be refunded. L.1968, c. 404, s. 54.
N.J. Stat. § 13:1B-13.11 — NJ Code / Title 13 / Chapter 1B / Section 1B-13.11
Application for or acceptance of lease not deemed recognition of state's claim of paramount title
Status: in_force

The application for or acceptance of a lease shall not be deemed a recognition of the State's claim of paramount title by the claimant, nor shall the claimant be deemed to have waived his right to apply for an adjudication of title to the Superior Court. An application for any conveyance may also be made after the claimant has failed to establish the primacy of his title before the Superior Court. L.1968, c. 404, s. 97.
N.J. Stat. § 13:9-44.11 — NJ Code / Title 13 / Chapter 9 / Section 9-44.11
Short title.
Status: in_force

1. This act shall be known, and may be cited, as the "Prescribed Burn Act." L.2018, c.107, s.1.
N.J. Stat. § 13:1G-11 — NJ Code / Title 13 / Chapter 1G / Section 1G-11
Violations; investigation; order to cease; enforcement; corrections by violator; hearings
Status: in_force

Whenever the department has cause to believe that any person is violating any code, rule or regulation promulgated by the department, the department shall cause a prompt investigation to be made in connection therewith. If upon inspection the department discovers a condition which is in violation of any provision of this act or any code, rule or regulation promulgated pursuant thereto, it shall be authorized to order such violation to cease and to take such steps necessary to enforce such an order. The said order shall state the items which are in violation and shall provide a reasonable specified time within which the violation must cease. The person responsible shall make the corrections necessary to comply with the requirements of this act or code, rule or regulation promulgated pursuant thereto within the time specified in the order. Nothing herein shall be deemed to prevent the department from prosecuting any violation of this act or any code, rule or regulation promulgated pursuant thereto notwithstanding that such violation is corrected in accordance with its order. The department shall not be prevented from directly prosecuting any violations of this act or any code, rule, or regulation promulgated pursuant thereto, without the necessity of first issuing an order. Any person aggrieved by an order of the department under this act may, upon application made within 15 days after notice thereof, be entitled to a hearing before the department which shall within 30 days thereafter hold a hearing of which at least 15 days' written notice shall be given to such persons. Within 30 days after such hearing the department shall issue an appropriate order modifying, approving or disapproving its prior order. A copy of such order shall be served upon all interested parties. Pending the determination by the department and upon application therefor the department may stay the operation of such order upon such terms and conditions as it may deem proper. L.1971, c. 418, s. 11, eff. Jan. 24, 1972.
N.J. Stat. § 13:19-49 — NJ Code / Title 13 / Chapter 19 / Section 19-49
Certain offshore development, production prohibited.
Status: in_force

3. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary: (1) offshore oil or natural gas exploration, development, and production shall be prohibited in State waters; and (2) no tidal or submerged lands in State waters shall be leased for the purposes of oil or natural gas exploration, development, or production. b. The Department of Environmental Protection shall not: (1) issue any permit or other approval pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), R.S.12:5-3, the federal "Coastal Zone Management Act of 1972," 16 U.S.C. s.1451 et seq., or any other State or federal law, rule, or regulation, for any development associated with offshore drilling for oil or natural gas, whether proposed for in State waters or outside of State waters; (2) permit, approve, or otherwise authorize any oil or natural gas exploration, development, or production in State waters; or (3) develop, adopt, or endorse any plans for the exploration, development, or production of oil and natural gas in State waters. c. As used in this section, "development" means, but is not necessarily limited to, any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Jersey State waters, and any land-based support facilities for offshore oil or natural gas production facilities located in the Atlantic Ocean. L.2018, c.7, s.3.
N.J. Stat. § 13:8C-60 — NJ Code / Title 13 / Chapter 8C / Section 8C-60
Certain covenants deemed void.
Status: in_force

3. a. Whenever a governmental entity acquires land to be preserved for recreation and conservation purposes, and the deed for the land includes any covenant authorizing the owner of the land and other landowners whose deeds include the same covenant to form an association or other common interest community for a common purpose, which may or may not also authorize dues, fees, or other obligations to be charged or imposed in connection therewith, the covenant shall be void in all respects and unenforceable with regard to the land acquired by the governmental entity, provided that the governmental entity: (1) acquires the land before any such association or other common interest community has been formed or after the dissolution or discontinuation of any previously existing association or other common interest community; and (2) owns land preserved for recreation and conservation purposes that is contiguous to the land acquired, or the contiguous land is owned by another governmental entity for such purposes. b. Nothing in subsection a. of this section shall be construed to prohibit an association or other common interest community in existence at the time of acquisition of land by a governmental entity that will preserve the land for recreation and conservation purposes, from voluntarily and permanently exempting the governmental entity, or otherwise releasing the land, from operation or enforcement of a covenant like that described in subsection a. of this section, including but not limited to, any requirement therein to pay dues or other fees or comply with any other obligation. c. Whenever a governmental entity acquires land in the manner described in this act, the governmental entity shall not permit public access to, or use of, the subject of the covenant, such as, for example: (1) a private road that leads to or passes by the acquired land, or (2) a private lake. L.2019, c.174, s.3.
N.J. Stat. § 13:8-35 — NJ Code / Title 13 / Chapter 8 / Section 8-35
Establishment and designation; recreation and scenic trails; Appalachian trail; connecting or side trails
Status: in_force

a. The department may establish and designate recreation and scenic trails over lands administered by it. b. There is hereby established as the initial scenic trail the Appalachian trail, which shall be administered primarily as footpath by the department, provided however, that nothing herein contained shall be construed as amending, repealing or superseding the provisions of P.L.1973, c. 54 (C. 13:8-29), except as specifically provided herein. c. Connecting or side trails within park, forest, and other recreation areas or natural areas may be established, designated and marked as components of a recreation or scenic trail. L.1974, c. 159, s. 6, eff. Nov. 14, 1974.
N.J. Stat. § 13:19-24 — NJ Code / Title 13 / Chapter 19 / Section 19-24
Definitions
Status: in_force

3. As used in this act: "Department" means the Department of Environmental Protection. "Program volunteer" means any group, organization, business, or individual who has adopted a section of beach or shore for cleanup in accordance with this act. L.1992,c.213,s.3.
N.J. Stat. § 13:1E-99.80 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.80
Report by commissioner to the Legislature
Status: in_force

22. a. The commissioner shall prepare a report to the Legislature concerning the implementation of this act, including recommendations as to whether the collection, transportation, recycling or disposal methods prescribed in this act are the most appropriate means to ensure the environmentally sound collection, transportation, recycling or proper disposal of used dry cell batteries. The report shall be transmitted to the Legislature not later than two years following the effective date of this act. b. The report shall include, but need not be limited to, recommendations concerning: (1) A requirement that manufacturers further reduce the cadmium, lead or mercury concentration levels in dry cell batteries: (a) For alkaline manganese dry cell batteries, except for button or coin shaped batteries, not more than one part per million by weight (0.0001%); and (b) For button or coin shaped alkaline manganese dry cell batteries, not more than five milligrams of mercury per battery; (2) The practicability and feasibility of providing for the collection of used dry cell batteries by requiring a deposit on, and establishing a refund value for, any dry cell battery sold or offered for promotional purposes in this State; and (3) The practicability and feasibility of ensuring the proper disposal of used dry cell batteries by imposing a pre-disposal surcharge on the sale of dry cell batteries. L.1991,c.521,s.22.
N.J. Stat. § 13:18A-15 — NJ Code / Title 13 / Chapter 18A / Section 18A-15
Pinelands development applications
Status: in_force

Subsequent to the adoption of the comprehensive management plan, the commission is hereby authorized to commence a review, within 15 days after any final municipal or county approval thereof, of any application for development in the pinelands area. Upon determining to exercise such authority, the commission shall transmit, by certified mail, written notice thereof to the person who submitted such application. The commission shall, after public hearing thereon, approve, reject, or approve with conditions any such application within 45 days of transmitting such notice; provided, however, that such application shall not be rejected or conditionally approved unless the commission determines that such development does not conform with the comprehensive management plan or the minimum standards contained therein, as applicable to the county or municipality wherein such development is located, or that such development could result in substantial impairment of the resources of the pinelands area. Such approval, rejection or conditional approval shall be binding upon the person who submitted such application, shall supersede any municipal or county approval of any such development, and shall be subject only to judicial review as provided in section 19 of this act. The number of low or moderate income housing units provided for in the application for development shall not be used as a criterion for the approval or rejection of the application. L. 1979, c. 111, s. 14; amended by L. 1987, c. 267, s. 2.
N.J. Stat. § 13:8-58 — NJ Code / Title 13 / Chapter 8 / Section 8-58
Funds expendable for acquisition of lands or scenic easements
Status: in_force

The commissioner may use any sum hereafter appropriated by any act from the proceeds of the sale of bonds under the "New Jersey Green Acres and Recreation Opportunities Bond Act of 1974" (P.L.1974, c. 102), which is intended for the State acquisition of lands or interests in lands for recreation and conservation purposes, and such other sums as may be appropriated for like purposes for the acquisition of lands or scenic easements thereto for the purposes of this act. L.1977, c. 236, s. 14, eff. Sept. 28, 1977.
N.J. Stat. § 13:1F-4.2 — NJ Code / Title 13 / Chapter 1F / Section 1F-4.2
Definitions.
Status: in_force

1. As used in sections 1 through 3 of P.L.2021, c.386 (C.13:1F-4.2 et seq.): "Agricultural plant" means any plant, or part thereof, grown, maintained, or otherwise produced for commercial purposes, including any plant grown, maintained, or otherwise produced for sale or trade, for research or experimental purposes, or for use in part or their entirety in another location. "Agricultural plant" includes, but is not limited to, grains, fruits, and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. "Agricultural plant" does not include pasture or rangeland used for grazing. "Environmental emergency" means an occurrence of any pest which presents a significant risk of harm or injury to the environment, or significant harm, injury, or loss to agricultural crops, including, but not limited to, any exotic or foreign pest which may need preventative quarantine measures to avert or prevent that risk, as determined by the Department of Environmental Protection in consultation with the New Jersey Department of Agriculture and Rutgers, the State University. "Neonicotinoid pesticide" means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, flonicamid, imidacloprid, nitenpyram, nithiazine, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals. "Restricted use pesticide" means a pesticide that can be purchased and used only by a certified and licensed pesticide applicator, as determined by the department pursuant to the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.), or persons working under the direct supervision of a certified and licensed pesticide applicator. L.2021, c.386, s.1.
N.J. Stat. § 13:1B-15.135 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.135
Legislative findings and declarations
Status: in_force

The Legislature finds and declares that opportunities for access to recreational open space are rapidly diminishing and that, in an effort to explore alternative techniques to provide that access, the State should aid private landowners permitting public recreational use of their land. The Legislature further finds and declares that administering a program to aid private landowners, informing the public of recreational opportunities and evaluating the operation of the program would best be implemented by establishing an Open Lands Management Program, and by empowering the Department of Environmental Protection to provide financial assistance and in kind services to assist private landowners in maintaining and increasing public recreational opportunities, all as hereinafter provided. L.1983, c. 560, s. 3, eff. Jan. 17, 1984.
N.J. Stat. § 13:8A-22 — NJ Code / Title 13 / Chapter 8A / Section 8A-22
Use of moneys
Status: in_force

The commissioner shall use the sum appropriated by this act from the proceeds of the sale of bonds under the New Jersey Green Acres Land Acquisition Act of 1971, and such other sums as may be appropriated from time to time for like purposes, to acquire lands for recreation and conservation purposes and to make grants to assist local units to acquire lands for such purposes, subject to the conditions and limitations prescribed by this act. L.1971, c. 419, s. 4, eff. Jan. 24, 1972.
N.J. Stat. § 13:1E-99.74 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.74
Adoption of district household hazardous waste management plan.
Status: in_force

16. Whenever a county prepares and adopts a district household hazardous waste management plan, the commissioner may require the plan to be adopted as an amendment to the district solid waste management plan required pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.). Any district household hazardous waste management plan adopted by a county shall be subject to approval by the department. a. Each district household hazardous waste management plan, subject to approval by the department, shall identify the county strategy or strategies for the collection and disposal of household hazardous waste, which shall, at a minimum: (1) provide for the collection and disposal of used mercuric oxide batteries, nickel-cadmium rechargeable batteries and sealed lead rechargeable batteries at least once every 90 days; (2) be consistent with the provisions of the district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13); (3) designate, if necessary, one or more collection sites within the county for household hazardous waste collection and disposal; and (4) include such other information as may be prescribed in rules or regulations of the department. b. A district household hazardous waste management plan, subject to approval by the department, may provide for the collection and disposal of any used dry cell batteries, cathode ray tubes from used computer monitors or television sets. c. Household hazardous waste shall be collected, stored and transported in accordance with all applicable standards for such wastes adopted as rules or regulations by the department pursuant to P.L.1970, c.39, or as prescribed under any other applicable federal or State law. d. The department may use a portion of the moneys available in the State Recycling Fund pursuant to paragraph (2) of subsection b. of section 5 of P.L.1981, c.278 (C.13:1E-96) for the purposes of providing to counties technical assistance and training in proper used dry cell battery management. L.1991,c.521,s.16; amended 2002, c.106, s.6.
N.J. Stat. § 13:1L-17.5 — NJ Code / Title 13 / Chapter 1L / Section 1L-17.5
Community Forestry Council, establishment, membership, powers
Status: in_force

5. a. There is established in the department a Community Forestry Council, which shall consist of 20 members, appointed by the State Forester, all of whom shall be citizens with expertise or interest in trees, forestry, or tree or forest management, maintenance or care. Each of the members appointed shall serve for a term of three years and until a successor is appointed and qualified, except that of the members first appointed, seven shall serve terms of one year and seven shall serve terms of two years. All vacancies, except those created through the expiration of term, shall be filled for the unexpired term only, and in the same manner as the original appointment. Each member shall be eligible for reappointment, but may be removed by the commissioner or the State Forester for cause. b. A majority of the membership of the council shall constitute a quorum for the transaction of council business. Action may be taken and motions and resolutions adopted by the council at any meeting thereof by the affirmative vote of a majority of the full membership of the council. c. Members of the council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties. d. The State Forester shall appoint a chairperson and vice-chairperson and the council may elect such other officers as may be necessary. The council may appoint such staff or hire such experts as it may require within the limits of appropriations made for these purposes. e. The council may call to its assistance such employees as are necessary and made available to it from any agency or department of the State or its political subdivisions. f. The council may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the department, any rules and regulations necessary to carry out its responsibilities pursuant to P.L.1996, c.135 (C.13:1L-17.1 et al.). g. The council shall advise the State Forester, the Division of Parks and Forestry and the department on issues concerning community forestry and assist with such other functions as may be authorized pursuant to P.L.1996, c.135 (C.13:1L-17.1 et al.) or any other law. L.1996,c.135,s.5.
N.J. Stat. § 13:1L-8.6 — NJ Code / Title 13 / Chapter 1L / Section 1L-8.6
New Jersey State Parks and Open Space Foundation, real property.
Status: in_force

6. The foundation shall not have the authority to accept real property and shall direct all offers of real property to the department. L.2023, c.256, s.6.
N.J. Stat. § 13:1B-15.177 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.177
Donations.
Status: in_force

8. Any person may donate to the department, or to a county, municipality, or school, funds, supplies, or services for use in the "Milkweed for Monarchs" program, and the department and any county, municipality, or school are authorized to accept such donations. L.2017, c.252, s.8.
N.J. Stat. § 13:1E-99.21 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.21
Use of leaf composting, vegetative waste composting facilities or recycling center
Status: in_force

a. After April 20, 1989, all leaves collected by a municipality pursuant to the provisions of section 14 of P.L.1987, c.102 (C.13:1E-99.22) shall be transported to a leaf composting facility, vegetative waste composting facility or recycling center authorized or approved by the department. Each district recycling plan shall identify the leaf composting facility, vegetative waste composting facility or recycling center to be utilized by each municipality within the county. Any two or more counties may negotiate an interdistrict agreement for the development or use of a regional leaf composting facility, vegetative waste composting facility or recycling center. Notwithstanding the provisions of section 18 of P.L.1975, c.326 (C.13:1E-27) or any other law, rule or regulation to the contrary, the Board of Public Utilities shall not have jurisdiction over, or otherwise regulate the tariffs or return of, a leaf composting facility, vegetative waste composting facility or recycling center authorized or approved by the department. b. No solid waste facility in this State, other than a leaf composting facility, vegetative waste composting facility or recycling center, shall accept for final disposal truckloads containing leaves at any time, except that leaves source separated from solid waste may be accepted by a sanitary landfill facility in those instances where the facility has provided and maintains for that purpose separate leaf composting facilities, and the composted leaves are utilized as part of the final vegetative cover for the landfill, or for other uses as a soil conditioning material. c. No person shall transport leaves to an out-of-State facility except in those instances where the out-of-State facility is designed and operated for the purpose of accepting leaves for recycling and the facility is designated in the district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13). L.1987,c.102,s.13; amended 1989,c.151,s.2.
N.J. Stat. § 13:1E-99.115a — NJ Code / Title 13 / Chapter 1E / Section 1E-99.115a
Schools, delivery, process, compostable, anaerobically digestible food waste, parameters; Department of Environmental Protection, guidance, rules, regulations.
Status: in_force

1. a. Except as provided in subsection d. of this section, notwithstanding the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et seq.), or rule or regulation adopted pursuant thereto, or a district solid waste management plan adopted pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.) to the contrary, a school may deliver, or provide for the delivery of, compostable or anaerobically digestible food waste generated by the school to another school in the State, and a school in the State may accept and process compostable or anaerobically digestible food waste, provided that the receiving school: (1) accepts the food waste; (2) composts the food waste using an on-site, in-vessel composting system or digests the food waste using an on-site anaerobic digestion system; (3) does not accept food waste in excess of the capacity of its in-vessel composting system or anaerobic digestion system; and (4) notifies the Department of Environmental Protection and applicable local government entities of its intent to begin accepting food waste from another school via a form provided by the department. b. A school that receives food waste pursuant to subsection a. of this section shall not be required by the Department of Environmental Protection to obtain a permit, approval, or other authorization issued by the department pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.), or any rules or regulations adopted pursuant thereto, in connection with the receipt of the food waste or the processing of food waste generated on-site. c. Notwithstanding the provisions of any State law or rule or regulation adopted pursuant thereto, a school that composts food waste generated on-site or received pursuant to subsection a. of this section using an on-site, in-vessel composting system, or digests such food waste using an on-site anaerobic digestion system, shall not be subject to any fees to obtain any permits required for such an on-site, in-vessel composting system or anaerobic digestion system pursuant to the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), any other State law, or any rule or regulation adopted pursuant thereto. d. The provisions of this section shall not apply to a school that is subject to the provisions of P.L.2020, c.24 (C.13:1E-99.122 et al.). A school that is subject to the provisions of P.L.2020, c.24 (C.13:1E-99.122 et al.) shall dispose of its food waste in accordance with that law. e. In order to ensure that a school's composting or anaerobic digestion of food waste is conducted in a manner that avoids public health and environmental impacts, the Department of Environmental Protection shall issue guidance for school composting and anaerobic digestion systems addressing odor control, vessel siting, operational standards, and record keeping. The Department of Environmental Protection may promulgate such rules and regulations as are necessary to implement the requirements of P.L.2023, c.193 (C.13:1E-99.115a). f. As used in this section: "Anaerobically digestible" means capable of undergoing anaerobic biological decomposition such that the material breaks down into a slurry fraction of digestate and a gaseous fraction of biogas. "Anaerobic digestion system" means a system of anaerobically digesting anaerobically digestible waste in which the waste is entirely enclosed, except for ventilation ducts or other means of ventilation, such that the material breaks down into, or otherwise becomes part of, liquid and solid digestate in addition to biogas. "Compostable" means capable of undergoing aerobic biological decomposition such that the material breaks down into, or otherwise become part of, usable compost in a safe and timely manner. "In-vessel composting system" means a system of composting compostable waste in which the waste is entirely enclosed, except for ventilation ducts or other means of ventilation, within a building, container, or other vessel. "School" means a public or nonpublic elementary or secondary school offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements. L.2023, c.193.
N.J. Stat. § 13:1L-35 — NJ Code / Title 13 / Chapter 1L / Section 1L-35
Forest sustainability criteria, indicators.
Status: in_force

7. a. The department, utilizing guidance provided by the United States Forest Service and in consultation with the forest stewardship advisory committee established pursuant to subsection d. of section 8 of P.L.2009, c.256 (C.13:1L-36), and with the benefit of public comment, shall develop and establish forest sustainability criteria and indicators appropriate to the circumstances encountered in New Jersey, as a basis for monitoring, recording, and assessing the extent, condition, and sustainability of all New Jersey forests, whether publicly or privately owned. The department shall prepare a report setting forth the findings and assessments based on these forest sustainability criteria and indicators by February 1 of the third year after the date of enactment of P.L.2009, c.256 (C.13:1L-29 et al.), and every seven years thereafter, which report shall include any recommendations for legislative or administrative action. The Commissioner of Environmental Protection shall transmit the report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. b. The department shall consider the findings and assessments set forth in the forest sustainability criteria and indicators report prepared pursuant to subsection a. of this section to determine how to adapt the rules and regulations adopted pursuant to section 8 of P.L.2009, c.256 (C.13:1L-36) to ensure the sustainability of forest lands, to set priorities for the management of State-owned forest lands, and to assist in establishing priorities for the use of State funds for the acquisition of forest lands. L.2009, c.256, s.7.
N.J. Stat. § 13:1G-6 — NJ Code / Title 13 / Chapter 1G / Section 1G-6
Motor vehicles; control of noise; codes, rules and regulations
Status: in_force

The department, after consultation with the Director of the Division of Motor Vehicles, shall have the power to formulate, promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of noise from motor vehicles. L.1971, c. 418, s. 6, eff. Jan. 24, 1972.
N.J. Stat. § 13:1L-11.1 — NJ Code / Title 13 / Chapter 1L / Section 1L-11.1
Findings, declarations relative to designating High Point State Park as High Point State Park and New Jersey Veterans Memorial.
Status: in_force

1. The Legislature finds and declares that: a. In 1918, the New Jersey Department of Conservation and Development proposed the creation "on the Kittatinny Mountains in Sussex and Warren counties a great forest park for the benefit of the whole people." b. In 1920, Director Alfred Gaskil of the Division of Parks and Forestry suggested "that the park be established as the State's memorial to its sons who had made the supreme sacrifice in the Great War." c. Colonel Anthony Kuser deeded his mountaintop summer estate at High Point to the State in 1923 for a public park and avian sanctuary. d. In November 1927, Colonel Kuser further donated $500,000 to erect a granite-clad obelisk on New Jersey's highest peak to honor the veterans of all wars. e. The High Point Monument was dedicated to the "Glory and Honor and Eternal Memory of New Jersey's heroes by land, sea, and air, in all wars of our Country" in June 1930. f. Although the High Point Monument is one of the most visible and best known landmarks in the State, and is a symbol of the State's parks and forests, the purpose for which it was built has diminished over time, and the surrounding park is only known by the name High Point State Park. g. It is therefore appropriate to rename the entire park to match the honoring of veterans for which the iconic monument was dedicated, and thereby show respect to the men and women who have given their lives to protect this country. L.2019, c.99, s.1.
N.J. Stat. § 13:1B-27 — NJ Code / Title 13 / Chapter 1B / Section 1B-27
Director of Division of Fish and Game
Status: in_force

The Division of Fish and Game shall be under the immediate supervision of a director, who shall be a person with special training and experience in wild life management and otherwise qualified to direct the work of such division. The director of such division shall be appointed by the Fish and Game Council, subject to the approval of the Governor, and shall, unless sooner removed by the Governor as hereinafter provided, serve at the pleasure of such council and until the director's successor is appointed and has qualified. He shall receive such salary as shall be provided by law. The director shall administer the work of such division under the direction and supervision of the commissioner. L.1948, c. 448, p. 1799, s. 29, eff. Oct. 25, 1948.
N.J. Stat. § 13:8C-42 — NJ Code / Title 13 / Chapter 8C / Section 8C-42
Rules, regulations; contracts; study of utility easements
Status: in_force

42. a. The Department of Environmental Protection, the State Agriculture Development Committee, the New Jersey Historic Trust, and the Department of the Treasury shall each adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement and carry out the goals and objectives of Article VIII, Section II, paragraph 7 of the State Constitution and this act. b. Notwithstanding the provisions of any law to the contrary, any rules and regulations of the Department of Environmental Protection, the State Agriculture Development Committee, the New Jersey Historic Trust, and the Department of the Treasury that have been adopted pursuant to the "Administrative Procedure Act" and are in effect as of the date of enactment of this act, that are not inconsistent with the provisions of this act, and that pertain to the Green Acres, farmland preservation, and historic preservation programs continued pursuant to this act, shall continue in effect until amended or supplemented and readopted as necessary to reflect the provisions and requirements of Article VIII, Section II, paragraph 7 of the State Constitution and this act. c. In order to implement the funding provisions provided for in this act, the State Treasurer, the Department of Environmental Protection, the State Agriculture Development Committee, the New Jersey Historic Trust, and the Garden State Preservation Trust are hereby authorized to enter into one or more contracts. The contracts shall commence in the State fiscal year beginning July 1, 1999, and provide for the credit to the Garden State Preservation Trust Fund Account in the amounts provided for in section 17 of this act and for the payment to the Garden State Preservation Trust of the amounts credited to the Garden State Preservation Trust Fund Account in accordance with the provisions of section 17 of this act. The contracts shall also provide for the payment by the Garden State Preservation Trust of the amounts provided for in section 18 of this act and for expenditures from the Garden State Green Acres Preservation Trust Fund, the Garden State Farmland Preservation Trust Fund, and the Garden State Historic Preservation Trust Fund, as provided in section 18 of this act. The contract or contracts shall be on terms and conditions as determined by the parties and may contain terms and conditions necessary and desirable to secure the bonds, notes and other obligations of the Garden State Preservation Trust, provided, however, that the incurrence of any obligation by the State under the contract or contracts, including any payments to be made thereunder from the Garden State Preservation Trust Fund Account, the Garden State Green Acres Preservation Trust Fund, the Garden State Farmland Preservation Trust Fund, or the Garden State Historic Preservation Trust Fund, as provided in sections 17, 19, 20, and 21 of this act, shall be subject to and dependent upon appropriations being made from time to time by the Legislature for the purposes of this act. d. Within one year after the date of enactment of this act, the Department of Environmental Protection, the State Agriculture Development Committee, and the State House Commission established pursuant to R.S.52:20-1 et seq. shall conduct a study of the process by which easements are granted to public utilities, as defined in Title 48 of the Revised Statutes, on lands acquired for recreation and conservation purposes or for farmland preservation purposes, and prepare and submit to the Legislature a written report of the study findings together with any recommendations for legislative or administrative action that would improve that process. The agencies shall jointly hold at least one public hearing to receive testimony on the issue prior to preparation of the report. L.1999,c.152,s.42.
N.J. Stat. § 13:1E-99.41 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.41
Material code labels on bottles, containers; required
Status: in_force

a. On or after January 1, 1991, no person shall sell, offer for sale, or distribute any plastic bottle or plastic container in this State unless the bottle or container is labeled with a material code indicating the plastic resin used to produce the bottle or container. Any plastic bottle or plastic container with a label or basecup affixed thereto, the composition of which consists of a different material than the bottle or container itself, shall be coded by its basic material. b. The material code shall consist of a uniform symbol and identification number, and an acronym comprising no more than five letters. The symbol shall consist of a triangular-shaped configuration of three arrows with a specific number placed within the center of the symbol to indicate the composition of the material used to produce the bottle or container. The acronym shall be placed below the triangle of arrows. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. c. The material code shall consist of an identification number and acronym as follows: (1) Polyethylene terephthalate: "1" and "PETE"; (2) High density polyethylene: "2" and "HDPE"; (3) Vinyl: "3" and "V"; (4) Low density polyethylene: "4" and "LDPE"; (5) Polypropylene: "5" and "PP"; (6) Polystyrene: "6" and "PS"; and (7) All other plastic resins and laminates: "7" and "OTHER". d. The commissioner shall maintain on file in the department for public inspection copies of the material code provided in subsection c. of this section. The department shall provide a copy to any person upon request. L.1989, c.268, s.2.
N.J. Stat. § 13:1E-99.105e — NJ Code / Title 13 / Chapter 1E / Section 1E-99.105e
"Electronic Waste Management Fund."
Status: in_force

11. a. There is created in the Department of Environmental Protection, a special non-lapsing fund to be known as the "Electronic Waste Management Fund." The monies in the fund are dedicated and shall be used only to carry out the purposes enumerated in subsection b. of this section. The fund shall be credited with all revenues collected and deposited in the fund pursuant to section 17 of P.L.2007, c.347 (C.13:1E-99.110), and sections 6, 8, and 10 of P.L.2016, c.87 (C.13:1E-99-105a, C.13:1E-99.105b, and C.13:1E-99.105d), all interest and other income received from the investment of monies in the fund, and any monies which, from time to time, may otherwise become available for the purposes of the fund. Pending the use thereof pursuant to the provisions of subsection b. of this section, the monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the fund shall be credited to the fund for use as set forth in subsection b. of this section for other monies in the fund. b. Monies deposited in the "Electronic Waste Management Fund" shall be used only for: (1) the administration and enforcement of P.L.2007, c.347 (C.13:1E-99.94 et seq.); and (2) any costs associated with the collection, transportation, and recycling of covered electronic devices pursuant to section 6 of P.L.2016, c.87 (C.13:1E-99.105a); and (3) the proper removal and disposition of covered electronic devices that have been improperly abandoned, discarded, or otherwise disposed of on the lands or waters of the State. L.2016, c.87, s.11.
N.J. Stat. § 13:1J-1 — NJ Code / Title 13 / Chapter 1J / Section 1J-1
Legislature's findings and declarations
Status: in_force

The Legislature finds and declares that the exploration, mining or milling of fissionable source materials poses a significant danger to the public health, safety and welfare; that the hazards associated with these activities cannot now be prevented or satisfactorily minimized; that, therefore, unprecedented caution is needed in determining public policy pertaining to the exploration, mining and milling of fissionable source materials; and that the prohibition of these activities is necessary at this time to insure the protection of the public health, safety and welfare. L.1981,c.130,s.1; amended 1989,c.146,s.1.
N.J. Stat. § 13:8C-48.1 — NJ Code / Title 13 / Chapter 8C / Section 8C-48.1
Allocation of repayments.
Status: in_force

10. Notwithstanding the provisions of paragraph (2) of subsection b. of section 18 of P.L.1999, c.152 (C.13:8C-18) or any Green Acres bond act to the contrary, any repayments of the principal and interest on loans issued to local government units for the acquisition or development of lands for recreation and conservation purposes pursuant to subsection b. of section 27 of P.L.1999, c.152 (C.13:8C-27) or any Green Acres bond act, as applicable, shall be allocated only for the issuance of additional grants or loans to local government units for the acquisition or development of lands for recreation and conservation purposes. L.2019, c.136, s.10.
N.J. Stat. § 13:17-74.1 — NJ Code / Title 13 / Chapter 17 / Section 17-74.1
Hackensack Meadowlands Tax Sharing Stabilization Fund established
Status: in_force

2. There is established the Hackensack Meadowlands Tax Sharing Stabilization Fund in the Hackensack Meadowlands Development Commission. The fund shall be comprised of revenues made available from interest payments on sanitary landfill closure accounts maintained by the commission or such other revenues which are made available for these purposes. Moneys in the fund shall be used to fully compensate municipalities from excessive fluctuations in payments to or from the intermunicipal account in 1999 and subsequent years, as provided hereunder. In the event that there are insufficient monies in the fund to fully compensate all municipalities in any year, the amount paid to each municipality shall constitute the same proportion of the total amount of money available to all municipalities as each municipality would receive if the amount of money in the fund were sufficient to fully compensate all municipalities in that year. For the purposes of this section, any increase in the payment required to be made by a constituent municipality to the intermunicipal account which is in excess of five percent over the previous year's payment shall be considered an "excessive fluctuation." Any decrease in a payment required to be made from the intermunicipal account to a constituent municipality which is in excess of five percent below the previous year's payment shall also be considered an "excessive fluctuation." L.1999,c.178,s.2.
N.J. Stat. § 13:1E-13 — NJ Code / Title 13 / Chapter 1E / Section 1E-13
Tax exemption
Status: in_force

All property acquired or utilized by the department to implement the provisions of this act shall be exempt from all taxation, State and local. L.1970, c. 39, s. 13, eff. May 6, 1970.
N.J. Stat. § 13:1L-8.2 — NJ Code / Title 13 / Chapter 1L / Section 1L-8.2
"New Jersey State Parks and Open Space Foundation" established.
Status: in_force

2. a. There is established a nonprofit, educational, and charitable organization to be known as the New Jersey State Parks and Open Space Foundation. The foundation shall be devoted to the raising of funds to be used for (1) improvements to natural or artificial assets, including the planning, design, construction, installation, renovation, repair, or restoration thereof, which are designed to expand and enhance the utilization of State parks and open space, and county and municipal parks and open space, for recreation and conservation purposes and the equitable access thereto; and (2) activities, beyond the routine operations of State parks and open space, or county and municipal parks and open space, which are intended to enhance public programming and recreational and educational offerings, restore or maintain public accessibility to the natural resources of the State, or support operation and maintenance activities attendant thereto. Funds raised by the foundation shall be supplementary to State and federal funds received by the department for these purposes. b. The foundation shall be incorporated as a New Jersey nonprofit corporation pursuant to N.J.S.15A:1-1 et seq., and shall be organized and operated in such manner as to be eligible under applicable federal law for tax-exempt status and for the receipt of tax-deductible contributions. The foundation shall be a separate and independent entity from the State and any State department, and shall have all of the rights and powers of a corporation organized under N.J.S.15A:1-1 et seq. c. The department may provide financial assistance and the services of employees of the department as may be required to form and incorporate the foundation within the limits of funds appropriated to the department or otherwise made available to the department for these purposes. Once the foundation is incorporated, the foundation may apply for grants-in-aid from any department or instrumentality of the State as may be necessary to supplement other funding raised by or otherwise made available to the foundation. L.2023, c.256, s.2.
N.J. Stat. § 13:1E-99.144 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.144
Certain exemptions for postconsumer recycled content requirements.
Status: in_force

10. a. A package or container that contains milk products, plant-based products with names that include the names of dairy foods such as "milk," medical food, food for special dietary use, or infant formula shall be exempt from the postconsumer recycled content requirements of this act. b. (1) A package or container that contains food shall be exempt from the postconsumer recycled content requirements of this act for a period of five years beginning on the effective date of this act, except that the exemption provided in this paragraph shall not apply to a plastic beverage container or a glass container filled with a beverage. (2) The department may, in its discretion, extend the five-year exemption provided in paragraph (1) of this subsection. Upon expiration of the exemption, a manufacturer shall be subject to the applicable postconsumer recycled content requirements in effect at the time of the expiration, unless the manufacturer applies to, and receives from, the department a waiver pursuant to section 11 of this act. c. As used in this section: "Food for special dietary use" means the same as the term is defined in 21 U.S.C. s.350. "Medical food" and "infant formula" mean the same as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s.301 et seq. "Milk product" means the same as that term is defined by the United States Food and Drug Administration. L.2021, c.391, s.10.
N.J. Stat. § 13:1H-7 — NJ Code / Title 13 / Chapter 1H / Section 1H-7
Limitation on state aid
Status: in_force

The department may grant up to $2,500.00 in State aid per year to any local environmental agency, except that such aid to a joint environmental commission may be up to $2,500.00 for each municipality participating in such joint environmental commission. The contribution by the department shall not exceed 50% of the cost of the project which qualifies for assistance under this act. L.1972, c. 49, s. 7, eff. June 1, 1972. Amended by L.1975, c. 334, s. 7, eff. March 3, 1976.
N.J. Stat. § 13:18A-44 — NJ Code / Title 13 / Chapter 18A / Section 18A-44
Delegation of authority to county
Status: in_force

The board may delegate any authority granted it by this act to any county which creates a county board pursuant to the provisions of this act if: a. The commission has approved the master plan for the county; b. The governing body of the county has requested that this delegation be made; and c. The governing body of the county can demonstrate that it has the financial resources necessary to meet the obligations of this delegation. L. 1985, c. 310, s. 15, eff. Aug. 28, 1985.
N.J. Stat. § 13:1B-15.149 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.149
Fees
Status: in_force

The Commissioner of Environmental Protection is authorized to charge and collect fees in an amount sufficient to cover the costs of any services performed pursuant to this act. Such fees shall be in addition to any appropriation received by the department for this program and shall be devoted entirely and exclusively to carrying out the purposes and provisions of this act. L. 1988, c. 127, s. 4.
N.J. Stat. § 13:1A-6.1 — NJ Code / Title 13 / Chapter 1A / Section 1A-6.1
Power to arrest without warrant; law enforcement training program.
Status: in_force

1. The Commissioner of Environmental Protection shall have the power to vest in the conservation police officers of the Division of Fish and Wildlife and the park police officers and law enforcement operation officers of the Division of Parks and Forestry at all times the power to arrest without warrant any person violating any law of this State committed in their presence and bring the offender before any court having jurisdiction to receive the complaint of such violation. The Department of Environmental Protection, with the approval of the Attorney General, shall establish and maintain a suitable law enforcement training program for such personnel. L.1977, c.167, s.1; amended 2003, c.147, s.1; 2005, c.216, s.3; 2019, c.407, s.4.
N.J. Stat. § 13:1K-28 — NJ Code / Title 13 / Chapter 1K / Section 1K-28
Insurance information release
Status: in_force

a. The department may institute an administrative procedure to determine whether an owner of a facility which generates, stores, or handles any extraordinarily hazardous substances should be required to authorize the insurance carrier or carriers which underwrite environmental liability or workers' compensation insurance for that facility to release to the department information relevant to the risks posed by the facility's management of the substance or substances. If so authorized, the insurance carrier or carriers shall release the information within the period of time established by the department, but in no case less than two weeks. b. An insurance carrier or its representative shall not be held liable in a civil proceeding for any statement made or action taken voluntarily or in response to an authorization or request from the client facility pursuant to this section unless actual malice on the part of the insurer or its representative is present. This immunity shall extend to protect an insurance carrier or its representative from being held liable to any party who sustains any loss or injury as a direct or consequential result of the carrier's or its representative's compliance, noncompliance, or attempt to comply with this act. c. The department is authorized to disclose information obtained from an insurance carrier or its representative pursuant to this section only to its own employees or agents to assist in enforcing the provisions of this act, or for use in a civil or criminal proceeding, if so ordered by a court. d. A person who, as required by this section, knowingly and willfully refuses to release information required under this act, or fails to hold information received under this act in confidence, is liable for a penalty not to exceed $5,000.00, to be collected and enforced in a summary manner under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The proceedings may be brought by the department or by a person or an insurer injured by a failure to keep the information confidential. If a money judgment is rendered against the defendant, it shall be paid to the plaintiff. A reasonable and good faith effort to comply with the provisions of this section shall be a defense to an alleged violation of this section. L. 1985, c. 403, s. 10, eff. Jan. 8, 1986.
N.J. Stat. § 13:9-52 — NJ Code / Title 13 / Chapter 9 / Section 9-52
Drought; closing of forests and suspension or curtailment of open seasons for game and fish; proclamation of commissioner
Status: in_force

Notwithstanding the provisions of any other law to the contrary: Whenever, by reason of drought, the forests of the State are in danger of fires, the commissioner shall have the authority to forbid by proclamation any person or persons, except those authorized by such proclamation, from entering forests in such parts of the State as the department deems the public interest requires, and may by such proclamation suspend or curtail any open season for taking fish, game birds, game animals and furbearing animals, or any of them, therein. Such proclamation shall be in effect at such time as the commissioner may determine after notice is given in the manner the commissioner may determine and remain in force and effect until rescinded by the commissioner. It shall be unlawful for any person or persons, except those authorized by written permission of the commissioner, to enter such forests while such proclamation shall be in effect. L.1948, c. 11, p. 59, s. 1, eff. April 5, 1948. Amended by L.1981, c. 369, s. 33, eff. Dec. 30, 1981.
N.J. Stat. § 13:1F-31 — NJ Code / Title 13 / Chapter 1F / Section 1F-31
Development, availability of form for certifying compliance
Status: in_force

13. The department shall develop and make available to commercial pesticide applicators a form which a commercial pesticide applicator may request an integrated pest management coordinator to sign prior to the application of a pesticide, other than a low impact pesticide, on school property. The form developed pursuant to this section shall set forth a certification by the integrated pest management coordinator that the notice and posting requirements for the application of a pesticide established pursuant to section 7 and section 8 of this act, or the posting requirement established pursuant to section 10 of this act, as appropriate, have been complied with. Upon being presented by a commercial pesticide applicator with a form pursuant to this section, the signature of the integrated pest management coordinator shall be required as a condition for the application of the pesticide. L.2002,c.117,s.13.
N.J. Stat. § 13:8C-58 — NJ Code / Title 13 / Chapter 8C / Section 8C-58
Findings, declarations.
Status: in_force

1. The Legislature finds and declares that: a. Enhancing the quality of life of the citizens of New Jersey is a paramount policy of the State, and open space protects the natural beauty and resources of the State and provides its citizens and visitors to New Jersey with greater opportunities for recreation, relaxation, and education, all of which contribute greatly to the quality of life; b. A broad diversity of animal and plant species is essential to sustaining both the environment and the economy of the Garden State, and the conservation of adequate habitat for those species, and especially for those that are endangered, threatened, or rare, is necessary to preserve this biodiversity; c. Acquiring and preserving land for recreation and conservation purposes also helps protect water supply and quality, which is critical to the existence of all life; d. Whenever land becomes available for acquisition by a governmental entity for potential preservation as open space, it is incumbent upon the governmental entity to make every possible effort to acquire that land, especially when the land is contiguous to other preserved land and the sale price is reasonable or even discounted; e. Antiquated or unnecessary covenants of very little or no economic value persist in some deeds to properties located in unformed, dissolved, or discontinued common interest communities, encumbering the titles in such a way that prevents their conveyance to a governmental entity to be preserved as open space; f. Examples of such covenants are those that authorize owners of contiguous or closely associated properties to form an association or other common interest community for the purpose of constructing and maintaining a private road to serve the property owners, or maintaining a private lake that the property owners all may access and enjoy; however, in many circumstances these property owners have never formed an association or other common interest community or, if one was formed, it has since been dissolved or discontinued; g. Notwithstanding that such an association or other common interest community may never have been formed or, if formed, has since been dissolved or discontinued, a governmental entity may be reluctant to acquire and preserve a property subject to such a deed covenant because it does not wish to risk the possibility, remote as it may be, of eventually having to pay dues or other fees or comply with any other obligation as may be required by the covenant, or engage in potentially costly or lengthy litigation on the issue; h. Such uncertainty makes it difficult for a governmental entity to know exactly what financial or other commitment it is making for the benefit of the public, and for that reason, may cause the governmental entity to decide, out of an abundance of appropriate caution in conserving its financial and other assets, to not acquire the property at issue; i. Such a result is unacceptable for the public policy reasons cited above; and j. Therefore, it is appropriate and necessary for the State to declare and provide by law that any such covenant is void in all respects and unenforceable with regard to land that is acquired by a governmental entity for preservation as open space for recreation and conservation purposes. L.2019, c.174, s.1.
N.J. Stat. § 13:1D-138 — NJ Code / Title 13 / Chapter 1D / Section 1D-138
Rules, regulations adopted by DEP
Status: in_force

1. The Department of Environmental Protection, in consultation with the Department of Labor, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations that: a. identify the categories of employers, entities, establishments or facilities contained in those Standard Industrial Classification codes that are included in the definition of "business entity," "employer," "industrial establishment," "industrial facility," or "private firm," regulated under P.L.1991, c.235 (C.13:1D-35 et seq.), P.L.1983, c.330 (C.13:1K-6 et seq.), P.L.1984, c.210 (C.13:1K-15 et seq.), P.L.1993, c.381 (C.58:28-1 et seq.), P.L.1983, c.315 (C.34:5A-1 et seq.), or P.L.1986, c.142 (C.52:27D-222 et seq.); and b. identify the universe of those employers, entities, establishments, or facilities under the North American Industry Classification System of codes that are generally equivalent to those identified in subsection a. of this section. L.2003,c.157,s.1.
N.J. Stat. § 13:1F-16 — NJ Code / Title 13 / Chapter 1F / Section 1F-16
Violations; securement or impoundment; hearing; disposition
Status: in_force

a. Any pesticide that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State may be secured or impounded by order of the department if it is in violation of any other provision of this act. b. Any person aggrieved by an order of the department to secure or impound a pesticide who shall apply for a hearing within 15 days after the issuance of the order, shall be granted a hearing in accordance with law. c. If upon hearing it shall appear that the pesticide was offered or exposed for sale, or had in possession with intent to distribute or sell, or was intended for distribution or sale in violation of any provisions of this act, it shall be confiscated and disposed of by destruction or sale as the court or judge may direct, but no such articles shall be sold contrary to any provisions of this act. The proceeds of any sale, less the legal costs and charges, shall be paid into the Environmental Services Fund. d. In case the article seized is of such character that when properly marked or branded its sale is not prohibited by this act, such article shall be delivered to the owner upon the payment of the costs of the proceeding and the execution and delivery to the department as obligee, of a good and sufficient bond to the effect that such article shall not be sold or otherwise disposed of contrary to the provisions of this act or the laws of any state, territory, district of the United States, or of the United States. L.1981, c. 538, s. 4, eff. Jan. 12, 1982.
N.J. Stat. § 13:1E-99.148 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.148
Compliance, certification, proof of exemption.
Status: in_force

14. a. (1) Beginning three years and six months after the effective date of this act, and annually thereafter, each manufacturer shall certify, in writing, to the department whether or not the rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, or plastic trash bags, as applicable, sold, offered for sale, or used in association with the sale or offer for sale of a product in the State, are in compliance with the postconsumer recycled content requirements of this act, or are otherwise exempt or have been approved for a waiver from the requirements. If the manufacturer claims an exemption from the requirements of this act, the manufacturer shall set forth the specific basis upon which the exemption is claimed, and submit such proof as the department determines necessary. The certification shall be signed by an authorized representative of the manufacturer. A manufacturer shall submit the certification, in the form and manner determined by the department, under penalty of perjury. The certification shall include the amount, in pounds, of virgin plastic, glass, or paper and the amount, in pounds, of postconsumer recycled material used by the manufacturer for any products subject to the requirements of this act, and any other information as the department deems necessary. The department shall establish an electronic certification process on its Internet website; however, the lack of an electronic certification process shall not negate the requirement for a manufacturer to certify its compliance pursuant to this subsection. (2) The department may, in consultation with manufacturers, study: (a) whether there exist independent, third-party verification organizations that can verify manufacturers' compliance with the requirements of this act; and (b) appropriate accreditation standards for such organizations. The department may prepare and submit a report including its findings to the Governor, to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the members of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors. b. Each manufacturer shall maintain records, in a form prescribed by the department, that demonstrate, for all rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, or plastic trash bags generated or produced by the manufacturer, whether and how the manufacturer has complied with the postconsumer recycled content requirements, or whether the manufacturer qualifies for an exemption or waiver from the postconsumer recycled content requirements. The department may adopt specific requirements for the records required to be maintained pursuant to this subsection and may request the records from a manufacturer at any time. A manufacturer shall submit records to the department no later than 30 days after receipt of a request, unless the department extends that timeframe. c. The department may audit or investigate a manufacturer, at any time, to assess the manufacturer's compliance with the requirements of this act. Each year, the department may audit, or cause to be audited, a random sample of manufacturers in order to determine compliance with this act. A manufacturer shall cooperate fully with any audit or investigation conducted pursuant to this section. The department may require a manufacturer to pay the costs of an audit conducted pursuant to this subsection. d. The department shall annually publish a list of registered manufacturers, their compliance status, and other information the department deems appropriate on the department's Internet website. L.2021, c.391, s.14.
N.J. Stat. § 13:1K-33 — NJ Code / Title 13 / Chapter 1K / Section 1K-33
Hazardous material discharge initial emergency response training program
Status: in_force

Within 180 days of the effective date of this act and annually thereafter, the Division of State Police in the Department of Law and Public Safety and the Department of Environmental Protection shall establish and operate a hazardous material discharge initial emergency response training program for municipal and county agents or officers involved in investigating suspected hazardous material discharges. The training program shall be a one day program offered in different regions of the State in order to be accessible to all municipalities and counties. Each municipality and county shall, every two years, send to the training program that individual primarily responsible for activating the municipality's or county's hazardous material emergency response program or that individual's designee. Each municipality and county may send any other individuals with similar responsibilities as may be deemed necessary. A municipality's responsibility pursuant to this section shall not be fulfilled if the individual sent to the training program serves as a regional response agent for hazardous material discharges for more than one municipality. L. 1987, c. 220, s. 1.
N.J. Stat. § 13:1H-2 — NJ Code / Title 13 / Chapter 1H / Section 1H-2
Definitions
Status: in_force

The following words shall have the following meanings: a. "Department" means the Department of Environmental Protection. b. "Local environmental agency" means (1) a municipal environmental commission or joint environmental commission established by two or more municipalities, (2) a county environmental commission and (3) a soil conservation district. L.1972, c. 49, s. 2, eff. June 1, 1972. Amended by L.1975, c. 334, s. 6, eff. March 3, 1976.
N.J. Stat. § 13:1E-126 — NJ Code / Title 13 / Chapter 1E / Section 1E-126
Legislative findings and declarations
Status: in_force

The Legislature hereby finds and declares to be the public policy of this State: That the collection, transportation, treatment, storage, and disposal of solid waste are critical components of the economic structure of this State and, when properly controlled and regulated, make substantial contributions to the general welfare, health and prosperity of the State and its inhabitants by minimizing the serious health and environmental threats inherent in the management of these wastes; That the regulatory provisions of this act are designed to extend strict State regulation to those persons involved in the operations of these licensed activities so as to foster and justify the public confidence and trust in the credibility and integrity of the conduct of these activities; That the solid and hazardous waste industries in New Jersey can attain, maintain, and retain integrity, public confidence, and trust, and promote the general public interest, only under a system of control and regulation that precludes the participation therein of persons with known criminal records, habits, or associations, and excludes or removes from any position of authority or responsibility any person known to be so deficient in reliability, expertise, or competence with specific reference to the solid or hazardous waste industries that his participation would create or enhance the dangers of unsound, unfair, or illegal practices, methods, and activities in the conduct of the business of these industries; That, notwithstanding the fact that the major percentage of operators involved in these industries are respectable and responsible and that there exists in New Jersey a substantial waste industry capable of meeting the licensing standards, the solid and hazardous waste industries remain vulnerable to corrupting influences; and Therefore, that it is vital to the interests of the State to prevent entry, direct or indirect, into the operations of the solid or hazardous waste industries of persons who have pursued economic gains in an occupational manner or context violative of the criminal code or civil public policies of the State, and it is to the end of excluding such persons that the regulatory and investigatory powers and duties provided in this supplementary act shall be exercised to the fullest extent consistent with law. L.1983, c. 392, s. 1.
N.J. Stat. § 13:17-43 — NJ Code / Title 13 / Chapter 17 / Section 17-43
Improvements; resolution of intention; notice and hearing; resolution of determination
Status: in_force

If in its judgment, public necessity or interest demands the construction of improvements which would benefit lands within improvement district, the commission shall pass a resolution of its intention to undertake such improvement or improvements and shall give notice of such intention by advertising in one or more newspapers circulating in such district and such advertisement shall fix a time and place, not earlier than 2 weeks after notice, for a hearing on said proposed action and prior to said hearing, the commission shall prepare a tentative assessment which shall be presented at such hearing and shall be open to inspection. Any person desiring to be heard in regard thereto shall be given a hearing. After said hearing, if the commission shall decide to carry out said improvements, it shall pass a resolution declaring such determination and proceed to make such improvements. L.1968, c. 404, s. 42.
N.J. Stat. § 13:1E-99.13a — NJ Code / Title 13 / Chapter 1E / Section 1E-99.13a
Adoption of model ordinance on recycling in multifamily housing
Status: in_force

2. The Commissioner of Environmental Protection, in cooperation with the Commissioner of Community Affairs, shall, within 90 days of the effective date of this act, adopt a model ordinance requiring approval by the planning board of either subdivisions or site plans, or both, pursuant to paragraph (15) of subsection b. of section 29 of P.L.1975, c.291 (C.40:55D-38), as provided herein. The department shall submit the model ordinance to the Legislature for review upon its adoption. A municipality shall adopt an ordinance which is substantially similar to the model ordinance within 12 months of the adoption of the model ordinance. The model ordinance shall set forth standards governing the inclusion, in all new multifamily housing developments which require subdivision or site plan approval, of collection or storage facilities which allow for the source separation of all recyclable materials required by the district recycling plan adopted pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13). For the purposes of this section, "multifamily housing" shall mean housing in which three or more units of dwelling space are occupied, or are intended to be occupied, by three or more persons who live independently of one another. L.1993,c.81,s.2.
N.J. Stat. § 13:1K-5 — NJ Code / Title 13 / Chapter 1K / Section 1K-5
Burden of proof
Status: in_force

a. The burden of proof required for in rem forfeiture proceedings under this act is by a preponderance of the evidence. b. It shall not be necessary for the State to negate any exemption or exception set forth in any proceeding under this act, and the burden of proof for any such exemption or exception shall be upon the person claiming its benefit. L.1981, c. 387, s. 5, eff. Jan. 6, 1982.
N.J. Stat. § 13:16-4 — NJ Code / Title 13 / Chapter 16 / Section 16-4
Application for grant; determination of eligibility
Status: in_force

Any nonprofit corporation, organization or association which is engaged in economic development programs to expand, locate or relocate industry and improve commerce or trade in its area of responsibility may make application to the commissioner for a grant in accordance with the provisions of this act. Upon a determination of eligibility of said nonprofit corporation, organization or association by the commissioner, the commissioner may make a grant to said applicant for the purposes specified in this act. The commissioner may reject an application which substantially duplicates or overlaps another economic development program for the county, municipality or region and recommend a joint application and undertaking if appropriate. L.1966, c. 130, s. 4, eff. June 17, 1966.
N.J. Stat. § 13:1L-8.5 — NJ Code / Title 13 / Chapter 1L / Section 1L-8.5
Powers, funds, New Jersey State Parks and Open Space Foundation.
Status: in_force

5. a. The New Jersey State Parks and Open Space Foundation shall have the following powers, in particular: (1) to solicit and accept monetary donations, gifts, grants, devises, bequests, legacies, endowments, personal property, or services from any public or private sources, and, unless otherwise specified by the person making such a donation, gift, grant, devise, legacy, bequest, or endowment, to invest or reinvest the same in whole or in part in accordance with the provisions of subsection c. of this section; and (2) to apply all moneys, assets, property, or other things of value it may receive incident to its operation or pursuant to the general purposes of the foundation. b. (1) All funds received by the foundation, other than those necessary to pay for the expenses of the foundation, shall be used exclusively for: (a) improvements to natural or artificial assets, including the planning, design, construction, installation, renovation, repair, or restoration thereof, which are designed to expand and enhance the utilization of State parks and open space, and county and municipal parks and open space, for recreation and conservation purposes and the equitable access thereto; and (b) activities, beyond the routine operations of State parks and open space, or county and municipal parks and open space, which are intended to enhance public programming and recreational and educational offerings, restore or maintain public accessibility to the natural resources of the State, or support operation and maintenance activities attendant thereto. (2) The foundation shall develop an open and transparent process governing the solicitation of funding and the method by which funding shall be made available to the department for the purposes set forth in this act. The process shall ensure that any attribution or recognition for a donation is minimal and equal regardless of the size of a donation. Except as otherwise provided in subsection k. of section 3 of this act, all funding shall be made available to the department for use, consistent with paragraph (1) of this subsection, in the areas of greatest need, as determined by the department in its sole discretion. c. All monetary donations or other financial contributions received by the foundation shall be invested and reinvested by the foundation in such obligations, securities, or other permitted investments as the board shall deem prudent, to the same extent that trust funds in the custody of the State Treasurer are invested and reinvested, and in a manner that is consistent with the purposes and provisions of this act and with other State and federal law. All interest or other income or earnings derived from the investment or reinvestment of moneys by the foundation shall be credited to the foundation to be used in accordance with the provisions of this act. L.2023, c.256, s.5.
N.J. Stat. § 13:9-16 — NJ Code / Title 13 / Chapter 9 / Section 9-16
Obstruction, threat, abuse, assault, injury or interference with firewarden, deputies or assistants
Status: in_force

No person shall obstruct, threaten, abuse, assault, injure or in anywise interfere with any firewarden, his deputies or assistants, or any one or more of them, in the performance of any duty under this chapter. Amended by L.1981, c. 369, s. 22, eff. Dec. 30, 1981.
N.J. Stat. § 13:8C-5 — NJ Code / Title 13 / Chapter 8C / Section 8C-5
Purpose of trust
Status: in_force

5. It shall be the sole purpose of the trust established pursuant to this act to: a. Provide funding to the Department of Environmental Protection, the State Agriculture Development Committee, and the New Jersey Historic Trust for all or a portion of the cost of projects undertaken by those entities or by grant or loan recipients in accordance with the purposes and procedures established by Article VIII, Section II, paragraph 7 of the State Constitution and this act; and b. Perform such other duties and responsibilities as authorized pursuant to this act or any other law. L.1999,c.152,s.5.
N.J. Stat. § 13:1E-12 — NJ Code / Title 13 / Chapter 1E / Section 1E-12
Revocation or suspension of registration
Status: in_force

The department, after hearing, may revoke or suspend the registration issued to any person engaged in the solid waste collection or solid waste disposal upon a finding that such person: a. Has violated any provision of this act or any rule, regulation, or administrative order promulgated hereunder; or b. Has violated any provision of any laws related to pollution of the waters, air or land surfaces of the State; or c. Has refused or failed to comply with any lawful order of the department. L.1970, c. 39, s. 12, eff. May 6, 1970.
N.J. Stat. § 13:1B-15.8 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.8
Duty of council to advise commissioner
Status: in_force

The council shall advise the commissioner in matters relating to the administration of this act and shall co-operate with the section: (a) In the development of rules and regulations to establish standards for the acquisition, maintenance and operation of lands under the administration of the section; and (b) In the formation of an over-all program of land acquisition. L.1961, c. 51, p. 526, s. 5, eff. June 3, 1961.
N.J. Stat. § 13:1E-211 — NJ Code / Title 13 / Chapter 1E / Section 1E-211
DEP evaluation demonstration project; report.
Status: in_force

4. a. The Department of Environmental Protection, pursuant to State and federal law, and in consultation with manufacturers, retailers and distributors of computers and other electronic equipment, and environmental groups, shall organize and coordinate a cooperative public-private demonstration project to evaluate the practicability and feasibility of requiring the Statewide mandatory source separation and recycling of used computer monitors, used consumer electronic equipment or used television sets or other cathode ray tube-containing devices, found to be of particular concern to the department, as a means of encouraging the recycling rather than disposal of these items. b. The department shall investigate the availability of, and apply for, funds available from the federal government, or any private or public source, to finance the costs of the demonstration project. c. The department shall prepare and submit a report to the Governor, to the Legislature, and to the Chairmen of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee or their successor committees no later than two years following the effective date of this act. The report shall describe the progress of the demonstration project and shall include recommendations for further administrative or legislative action. L.2002,c.106,s.4.
N.J. Stat. § 13:1B-15.115e — NJ Code / Title 13 / Chapter 1B / Section 1B-15.115e
Repayment of loans
Status: in_force

All repayments of loans made pursuant to this act, and interest thereon, shall be deposited in the "Historic Preservation Revolving Loan Fund." Earnings received from monies in the fund shall be credited to the fund. L.1991,c.41,s.5.
N.J. Stat. § 13:19-5 — NJ Code / Title 13 / Chapter 19 / Section 19-5
Development permits required
Status: in_force

5. A permit issued pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) shall be required for: a. A development located in the coastal area on any beach or dune; b. A development located in the coastal area between the mean high water line of any tidal waters, or the landward limit of a beach or dune, whichever is most landward, and a point 150 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, that would result, either solely or in conjunction with a previous development, in: (1) A development if there is no intervening development with an above ground structure, excluding any shore protection structure or sand fencing, that is either completed or under active construction between the proposed site of the development and the mean high water line of any tidal waters; (2) A residential development having three or more dwelling units if there is an intervening development with an above ground structure, excluding any shore protection structure or sand fencing, that is either completed or under active construction between the proposed site of the dwelling units and the mean high water line of any tidal waters; (3) A commercial development having five or more parking spaces if there is an intervening development with an above ground structure, excluding any shore protection structure or sand fencing, that is either completed or under active construction between the proposed site of the commercial development and the mean high water line of any tidal waters; or (4) A public development or industrial development; c. A development located in the coastal area between a point greater than 150 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, and a point 500 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, which is located within the boundaries of a municipality which meets the criteria of a "qualifying municipality" pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census, that would result, either solely or in conjunction with a previous development, in: (1) A residential development having 25 or more dwelling units; (2) A commercial development having 50 or more parking spaces; or (3) A public development or industrial development; d. A development located in the coastal area at a point beyond 500 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, and which is located within the boundaries of a municipality which meets the criteria of a "qualifying municipality" pursuant to section 1 of P.L.1978, c.14 (C.52:27D-178), or which is located within the boundaries of a city of the fourth class with a population of over 30,000 persons according to the latest federal decennial census, that would result, either solely or in conjunction with a previous development, in: (1) A residential development having 75 or more dwelling units; (2) A commercial development having 150 or more parking spaces; or (3) A public development or industrial development; or e. Except as otherwise provided in subsection c. and subsection d. of this section, a development in the coastal area at a point beyond 150 feet landward of the mean high water line of any tidal waters or the landward limit of a beach or dune, whichever is most landward, that would result, either solely or in conjunction with a previous development, in: (1) A residential development having 25 or more dwelling units; (2) A commercial development having 50 or more parking spaces; or (3) A public development or industrial development. L.1973,c.185,s.5; amended 1993,c.190,s.5.
N.J. Stat. § 13:1E-99.157 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.157
Assessment of implementation, report to the Governor, Legislature, Senate Environment and Energy Committee, Assembly Environment and Solid Waste Committee.
Status: in_force

23. No later than five years after the effective date of this act, the department shall prepare and submit a report to the Governor, to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the members of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors, assessing the implementation of this act, evaluating the act's effectiveness in stimulating the recycling markets in the State, and making any recommendations for legislative or administrative action necessary to further the purposes of this act, including recommendations for whether and how the State should encourage, require, or support other uses of recycled material. L.2021, c.391, s.23.
N.J. Stat. § 13:8C-50.1 — NJ Code / Title 13 / Chapter 8C / Section 8C-50.1
Owner, operator, lessee, permanently preserved farmland, management, farmland stewardship wildlife fencing grant committee, eligibility; rules, regulations.
Status: in_force

1. a. Notwithstanding any rule or regulation adopted pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.) to the contrary, a person who is the owner, operator, or lessee of permanently preserved farmland and who regularly engages in the operation and management of the farming operation on the preserved farmland shall be eligible to apply to the committee for a farmland stewardship wildlife fencing grant for the preserved farmland made available with funding allocated by the committee for stewardship activities pursuant to paragraph (2) of subsection b. of section 8 of P.L.2016, c.12 (C.13:8C-50), provided that an applicant who is an operator or lessee has written approval to install wildlife fencing on the land from the owner of the land on which the wildlife fencing is to be installed. b. Notwithstanding any other provision of P.L.2016, c.12 (C.13:8C-43 et seq.), any rule or regulation adopted pursuant thereto, the provisions of N.J.A.C.2:76-20.4, or any other rule, regulation, or requirement established by the committee concerning grant programs for stewardship activities on land acquired for farmland preservation purposes, grant amounts available to applicants for wildlife fencing farmland stewardship activities may be up to 50 percent of eligible costs, not to exceed $50,000 per application. L.2023, c.223, s.1.
N.J. Stat. § 13:1E-36 — NJ Code / Title 13 / Chapter 1E / Section 1E-36
Exemption of construction and operation of planned disposal facility from provisions of act
Status: in_force

Any board of chosen freeholders which has prepared a solid waste management plan, purchased land therefore, contracted for the purchase and installation of processing or recycling machinery or equipment, and received an approved registration for a solid waste disposal facility from the department prior to the effective date of this act, shall be exempt from any provision of this act which would delay the construction and operation of such a planned disposal facility. L.1975, c. 326, s. 29.
N.J. Stat. § 13:8-68 — NJ Code / Title 13 / Chapter 8 / Section 8-68
Rules and regulations
Status: in_force

The Commissioner of Environmental Protection may propose, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), necessary rules and regulations and prescribe procedures to effect and enforce compliance with this act. L.1982, c. 167, s. 5, eff. Nov. 4, 1982.
N.J. Stat. § 13:17-68 — NJ Code / Title 13 / Chapter 17 / Section 17-68
Computation of guarantee payment payable by intermunicipal account to each constituent municipality
Status: in_force

(a) The guarantee payment payable by the intermunicipal account to each constituent municipality in any adjustment year shall be computed as follows: (1) If there is a decrease in the aggregate true value of taxable real property of any constituent municipality, as determined pursuant to subsection (a) of section 65 of this act, the commission shall, subject to the provision of subsection (b) of this section, calculate the amount of decreased aggregate true value, occurring in the comparison year, by reason of the acquisition, through purchase, eminent domain or gift, during the year preceding the comparison year, of taxable real property by a governmental body or agency to be used for a public purpose, whereby said taxable real property parcels or portions thereof became exempt from local real property taxes. Such decreased aggregate true value shall be calculated in the same manner as aggregate true value is determined pursuant to subsection (a) of section 65 of this act and shall be based on the assessed value in the year of acquisition, of the parcels or portions thereof affected. (2) There shall be payable as a guarantee payment from the intermunicipal account to each municipality, an amount to be calculated by multiplying the lesser of (i) the amount of the decrease in aggregate true value determined pursuant to subsection (a) of section 65 of this act and (ii) the amount of the decrease, if any, in aggregate true value calculated to be attributable to conversion of taxable property to exempt status, specified in paragraph (1) of this subsection, by the apportionment rate, as defined in subsection (g) of section 59.1 of this act, determined for the comparison year. If, in any comparison year and with respect to any constituent municipality, no amount of decrease in aggregate true value is found to be attributable to the conversion from taxable to exempt status specified in paragraph (1) of this section, no guarantee payment shall be payable to such municipality in the applicable adjustment year. (b) The commission shall not be required to make the calculation prescribed in paragraph (1) of subsection (a) of this section, unless the governing body of any constituent municipality claiming a decrease in aggregate true value attributable to the conversion of real property from a taxable to an exempt status specified in paragraph (1) of subsection (a) of this section shall, no later than December 1 in the comparison year, file with the commission a statement to such effect, setting forth a description of the parcels, or portions thereof, involved, together with such other information as may be pertinent, in such form as the commission shall prescribe. L.1968, c. 404, s. 66. Amended by L.1972, c. 103, s. 5, eff. July 19, 1972.
N.J. Stat. § 13:17-49 — NJ Code / Title 13 / Chapter 17 / Section 17-49
Report certifying assessments and awards of damages; map
Status: in_force

Assessments for benefits for any improvement together with any accompanying awards for incidental damages and all awards of damages for land or interests therein taken from any improvement, shall be certified by the officer making the same to the commission by a report in writing signed by the officer. The report shall be accompanied by a map showing the land taken, damaged or benefited by the improvement and for which damages or benefits have been assessed. L.1968, c. 404, s. 48.
N.J. Stat. § 13:8A-5 — NJ Code / Title 13 / Chapter 8A / Section 8A-5
Considerations to guide commissioner in acquiring lands and making grants
Status: in_force

In acquiring lands and making grants to assist local units to acquire lands the commissioner shall: (a) seek to achieve a reasonable balance among all areas of the State in consideration of the relative adequacy of area recreation and conservation facilities at the time and the relative anticipated future needs for additional recreation and conservation facilities; (b) insofar as practicable, limit acquisition to predominantly open and natural land to minimize the cost of acquisition and the subsequent expense necessary to render land suitable for recreation and conservation purposes; (c) wherever possible, select land for acquisition which is suitable for multiple recreation and conservation purposes; (d) give due consideration to co-ordination with the plans of other departments of State Government with respect to land use or acquisition. For this purpose, the commissioner is authorized to use the facilities of any interdepartmental committee or other agency suitable to assist in such co-ordination. L.1961, c. 45, p. 479, s. 5.
N.J. Stat. § 13:9-44.16 — NJ Code / Title 13 / Chapter 9 / Section 9-44.16
Prescribed burn deemed to be in public interest; immunity from liability.
Status: in_force

6. a. A prescribed burn, including the smoke and ash and other air pollution deriving therefrom, conducted in accordance with the requirements of this act and an approved prescribed burn plan, shall be deemed to be in the public interest and shall not constitute arson, trespass, or a public or private nuisance. b. A landowner or lessee who conducts or authorizes a prescribed burn in accordance with an approved prescribed burn plan, the requirements of this act, and the rules and regulations adopted pursuant thereto shall not be liable in a civil action for any damages or injury to persons or property from fire or the resulting smoke or ash caused by the prescribed burn, unless it is proven that the landowner or lessee was negligent in starting, executing, or controlling the prescribed burn. c. Any person who conducts or authorizes a prescribed burn in accordance with an approved prescribed burn plan, the requirements of this act, and the rules and regulations adopted pursuant thereto shall not be liable for any penalties for violations of the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.). d. In a private civil action arising from the conducting of a prescribed burn and any damages or injury caused by the fire or the resulting smoke or ash, proof of compliance with the requirements and standards established pursuant to this act shall be admissible evidence that the duty of care for conducting of a prescribed burn has been met. e. No provision of this act shall be construed to relieve a landowner or lessee of the obligation to reimburse the department for the reasonable and normal costs associated with a prescribed burn, regardless of whether fire escapes from the prescribed burn conducted or authorized to be conducted by the landowner or lessee and the fire requires intervention by the Forest Fire Service. If the fire escapes due to the negligence of the landowner or lessee, the landowner or lessee shall also be subject to penalties established by the department by rule or regulation for such negligence. Any reimbursement of costs paid pursuant to this subsection shall be credited to a special dedicated account in the General Fund and appropriated to the Forest Fire Service to pay for the administration and operation of its forest fire programs. f. Without affecting any other limitations on liability that may be applicable, and notwithstanding the provisions of any other law, the department and any designee, agent, or employee thereof shall be immune from liability for any damages or injury arising from or related to any act or omission taken in the good faith performance of the department and any designee, agent, or employee thereof in carrying out the provisions of this act. L.2018, c.107, s.6.
N.J. Stat. § 13:1K-39 — NJ Code / Title 13 / Chapter 1K / Section 1K-39
Burning, disposal of certain creosote products prohibited.
Status: in_force

4. On or after July 1, 2007 neither creosote nor any wood or other product treated with or containing creosote shall be burned in any manner in this State, including in fireplaces and stoves, or shall be disposed of in this State, except in a landfill properly lined to prevent groundwater contamination. L.2007, c.113, s.4.
N.J. Stat. § 13:1M-9 — NJ Code / Title 13 / Chapter 1M / Section 1M-9
Location change
Status: in_force

The location of a well drilling operation may be changed after the issuance of a permit under section 2 of this act only with the approval of the department. Requests for a change of location shall be accompanied by an amended application. Drilling shall not be commenced at a new location until the amended permit, approved by the department, is posted at the well site. L. 1985, c. 432, s. 9, eff. Jan. 13, 1986.
N.J. Stat. § 13:1F-28 — NJ Code / Title 13 / Chapter 1F / Section 1F-28
Emergency use of certain pesticides
Status: in_force

10. a. A pesticide, other than a low impact pesticide, may be applied on school property in response to an emergency, without complying with the provisions of sections 7 and 8 of this act, provided the requirements of subsection b. of this section are met. b. Within 24 hours after the application of a pesticide pursuant to this section, or on the morning of the next school day, whichever is earlier, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall provide to each parent or guardian of a student enrolled at the school, and staff member of the school, notice of the application of the pesticide for emergency pest control that includes: (1) the information required for a notice under section 7 of this act; (2) a description of the problem and the factors that qualified the problem as an emergency that threatened the health or safety of a student or staff member; and (3) if necessary, a description of the steps that will be taken in the future to avoid emergency application of a pesticide pursuant to this section. c. The local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, may provide the notice required by subsection b. of this section by: (1) written notice sent home with the student and provided to the staff member; (2) a telephone call; (3) direct contact; or (4) electronic mail. d. When a pesticide is applied pursuant to this section, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall post a sign warning of the pesticide application at the time of the application of the pesticide, in accordance with the provisions of section 8 of this act. e. If there is an application of a pesticide pursuant to this section, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall modify the school integrated pest management policy of the school or school district if necessary, to minimize the future emergency applications of pesticides under this section. L.2002,c.117,s.10.
N.J. Stat. § 13:1E-22 — NJ Code / Title 13 / Chapter 1E / Section 1E-22
Prohibition of solid waste facilities competitive with facilities of public authority; agreements or contracts; authorization
Status: in_force

In order to preserve and maintain the State's pledges and covenants with the holders of any bonds issued by any public authority, no solid waste management plan shall include provisions for establishing any solid waste facility in competition with such facilities operated, or for which bonds have been issued, by any such public authority; provided, however, that every board of chosen freeholders and the Hackensack Commission is hereby authorized and empowered in the development and formulation of a solid waste management plan to enter into any contract or agreement with any public authority within any solid waste management district providing for or relating to solid waste collection and solid waste disposal. Any such contract or agreement may provide for the furnishing of solid waste facilities either by or to the solid waste management district, or the joint construction or operation of solid waste facilities. Every such contract or agreement shall conform to all the requirements of law for contracts or agreements made by any public authority, and may include such provisions for rates and charges, and for the furnishing of solid waste facilities, as the board of chosen freeholders or the Hackensack Commission, as the case may be, deems necessary in the development and formulation of a solid waste management plan to coordinate all activities relating to solid waste collection and solid waste disposal within the solid waste management district, and for the furnishing of adequate and suitable solid waste facilities therein. Every board of chosen freeholders and the Hackensack Commission, as the case may be, is hereby further authorized and empowered to purchase the bonds of any public authority, and to purchase any solid waste facilities of any public authority upon a contract or agreement therewith for any such solid waste facility purchase. L.1975, c. 326, s. 13.
N.J. Stat. § 13:1E-99.140 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.140
Paper carryout bags, percentage of postconsumer recycled content increase.
Status: in_force

6. Beginning two years after the effective date of this act, all paper carryout bags sold or offered for sale in the State by a manufacturer shall contain, on average, at least 40 percent postconsumer recycled content; except that a paper carryout bag that holds eight pounds or less shall only be required to contain, on average, at least 20 percent postconsumer recycled content. L.2021, c.391, s.6.
N.J. Stat. § 13:1E-99.21a — NJ Code / Title 13 / Chapter 1E / Section 1E-99.21a
Authorization to own or operate leaf composting facility
Status: in_force

a. No person shall own or operate a leaf composting facility located on agricultural or horticultural land, or on lands owned or operated by a recognized academic institution, unless that person shall have obtained authorization or approval thereof from the Department of Environmental Protection. b. To be eligible for authorization pursuant to this act, the proposed leaf composting facility shall be located on land which qualifies for differential property tax assessment pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), or on lands owned or operated by a recognized academic institution as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12). L.1989,c.151,s.5.
N.J. Stat. § 13:1E-48.13 — NJ Code / Title 13 / Chapter 1E / Section 1E-48.13
State regulated medical waste management plan
Status: in_force

a. The departments shall study the issue of regulated medical waste in the State and prepare a comprehensive State regulated medical waste management plan addressing the immediate, interim, and long-term needs of the State with respect to the disposal of regulated medical waste in a manner that will protect the public health and the environment. The departments, within one year of the effective date of this act, shall transmit to the Governor and the Legislature the comprehensive State regulated medical waste management plan. b. The comprehensive State regulated medical waste management plan shall include: (1) an inventory of the number and types of generators of regulated medical waste within the State, and of the composition and quantities of regulated medical waste generated thereby, together with a recommendation with respect to the advisability, practicability and feasibility of exempting certain small quantity generators from the manifest requirements imposed by this act; (2) a projection of the number and types of generators of regulated medical waste within the State for the next 30 years following enactment of this act, and the composition and quantities of regulated medical waste to be generated thereby; (3) an evaluation of the impact of out-of-state generators upon the present and future regulated medical waste disposal capacity within the State; (4) an evaluation, to be undertaken in conjunction with the Board of Public Utilities, of the status of the regulated medical waste collection and disposal industries, and whether they are of sufficient size and competitiveness to meet the needs of the State, and, if not, recommendations of ways to increase the size and competitiveness thereof; (5) an inventory and appraisal, including the identity, location, and life expectancy, of all existing and approved incineration or non-incineration disposal capacity which is anticipated to be available to each county in this State for its regulated medical waste disposal needs, including all commercial and noncommercial regulated medical waste disposal facilities, and solid waste facilities within the State and in nearby states permitted to accept regulated medical waste for disposal; (6) an updated projection of the anticipated regulated medical waste disposal capacity shortfall in each county in this State in the next five years from the date of enactment of this act; (7) a recommendation of the regulated medical waste disposal strategy to be applied in the State, which strategy shall include the maximum practicable use of existing and approved incineration capacity for regulated medical waste, particularly pathology specimens, resource recovery procedures, recycling, and consideration of the establishment of regional regulated medical waste disposal facilities; (8) recommendations of any statutory and regulatory changes deemed necessary to implement the comprehensive State regulated medical waste management plan and assure utilization of the most sanitary, efficient, and economical methods for the tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of regulated medical waste; and (9) an evaluation of the environmental and public health impacts of all reasonably available regulated medical waste treatment and disposal technologies, and a recommendation concerning the extent to which non-incineration technologies may be utilized as an alternative to incineration technologies. L. 1989, c. 34, s. 13.
N.J. Stat. § 13:1E-99.40 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.40
Definitions
Status: in_force

As used in this act: "Beverage" means milk, alcoholic beverages, including beer or other malt beverages, liquor, wine, vermouth and sparkling wine, and nonalcoholic beverages, including fruit juice, mineral water and soda water and similar nonalcoholic carbonated and noncarbonated drinks intended for human consumption; "Beverage container" means an individual, separate, hermetically sealed, or made airtight with a metal or plastic cap, bottle or can composed of glass, metal, plastic or any combination thereof, containing a beverage; "Commissioner" means the Commissioner of Environmental Protection; "Department" means the Department of Environmental Protection; "Plastic bottle" means any plastic beverage container having a capacity of at least 16 fluid ounces but less than 5 United States gallons, and composed of thermoplastic synthetic polymeric material; "Plastic container" means any formed or molded and hermetically sealed, or made airtight with a metal or plastic cap, rigid container, other than a plastic bottle, intended for single-use and having a capacity of at least 8 ounces but less than 5 United States gallons with a minimum wall thickness of not less than 0.010 inches, and composed primarily of thermoplastic synthetic polymeric material. L.1989, c.268, s.1.
N.J. Stat. § 13:8C-9 — NJ Code / Title 13 / Chapter 8C / Section 8C-9
Pledges made by the trust
Status: in_force

9. Any pledge of revenues, moneys, funds or other property made by the trust shall be valid and binding from the time when the pledge is made; the revenues, moneys, funds or other property so pledged and thereafter received by the trust shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the trust, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge of revenues, moneys or funds is created need be filed or recorded, except in the records of the trust. L.1999,c.152,s.9.
N.J. Stat. § 13:1E-170 — NJ Code / Title 13 / Chapter 1E / Section 1E-170
Definitions
Status: in_force

As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of all measures required by the department, pursuant to law, in order to prevent, minimize or monitor pollution or health hazards resulting from sanitary landfill facilities subsequent to the termination of operations at any portion thereof, including, but not limited to, the costs of the placement of final earthen or vegetative cover, and the installation of methane gas vents or monitors and leachate monitoring wells or collection systems at the site of any sanitary landfill facility; except that the costs which are incurred prior to the commencement of acceptance of solid waste for disposal at any portion of a sanitary landfill facility, including, but not limited to, the initial grading and installation of liners and leachate collection systems, and the costs associated with the normal operations of a sanitary landfill facility, including, but not limited to, the placement of daily and intermediate cover and the construction of ongoing environmental improvements, shall not be included as closing costs. Any such activities which will be undertaken subsequent to the cessation of acceptance of solid waste for disposal at the sanitary landfill facility shall be considered closure activities; "Department" means the Department of Environmental Protection; "Local government unit" means any county or municipality, or any agency, instrumentality, authority or corporation of any county or municipality, including, but not limited to, sewerage, utility and improvement authorities, or any public body having local or regional jurisdiction over solid waste disposal, including, but not limited to, solid waste management districts, or any political subdivision of the State, authority or agency authorized pursuant to law to own or operate sanitary landfill facilities or to provide for the environmentally sound disposal of solid waste; "Owner or operator" means and includes, in addition to the usual meanings thereof, every owner of record of any interest in land whereon a sanitary landfill facility is or has been located; any operator of a sanitary landfill facility; and any person or corporation which owns a majority interest in any other corporation which is the owner or operator of any sanitary landfill facility. The foregoing also includes any local government unit which is the owner or operator of any sanitary landfill facility or which is required in the utilization of any facility to pay any portion of closure costs through the payment of rates and charges for the disposal of solid waste at any sanitary landfill facility; "Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste. L. 1985, c. 368, s. 2, eff. Nov. 12, 1985.
N.J. Stat. § 13:18A-1 — NJ Code / Title 13 / Chapter 18A / Section 18A-1
Short title
Status: in_force

This act shall be known and may be cited as the "Pinelands Protection Act." L.1979, c. 111, s. 1, eff. June 28, 1979.
N.J. Stat. § 13:8B-4 — NJ Code / Title 13 / Chapter 8B / Section 8B-4
Privity of estate or contract; enforceability of restrictions; recording
Status: in_force

No conservation restriction or an historic preservation restriction held by the State or a local unit or by a charitable conservancy, shall be unenforceable by reason of lack of privity of estate or contract, or lack of benefit to particular land, or an account of the benefit being assignable or being assigned to any other governmental body or charitable conservancy with like purposes. All such restrictions shall be duly recorded and indexed in the registry of deeds for the county where the land lies so as to affect its title, in the manner of other conveyances of interests in land, and shall describe the land subject to said restrictions by adequate legal description or by reference to a recorded plan showing its boundaries. L.1979, c. 378, s. 4, eff. Feb. 5, 1980.
N.J. Stat. § 13:19-51 — NJ Code / Title 13 / Chapter 19 / Section 19-51
Review of proposed activity.
Status: in_force

5. The Department of Environmental Protection shall review any proposed oil or natural gas lease, license, permit, or plan for exploration, development, or production of oil and natural gas in the Atlantic region of the exclusive economic zone of the United States to determine if the proposal can reasonably be expected to affect State waters, particularly in terms of proximity to State waters or to the Gulf Stream south of State waters. Whenever a review pursuant to this section results in an affirmative finding, the commissioner shall advise the Governor thereof and take all actions necessary to initiate a consistency review under the federal "Coastal Zone Management Act of 1972," as amended, 16 U.S.C. s.1451 et seq. L.2018, c.7, s.5.
N.J. Stat. § 13:10-5 — NJ Code / Title 13 / Chapter 10 / Section 10-5
Reports of state geologist; printing, distribution and sale
Status: in_force

The state geologist shall make to the governor an annual administrative report of the operation of the geological survey; and he shall, from time to time, prepare or cause to be prepared such scientific reports as are pertinent to the work of the geological survey. The state purchasing commissioner may, upon the recommendation of the board of conservation and development, order printed any or all of such scientific reports. The cost of printing such reports shall be paid from the appropriation for printing public documents. Should the general demand for the publication of the annual or other reports of the geological survey make it advisable, the state purchasing commissioner may, on recommendation of the board, furnish the same at the cost of paper, printing and distribution, or may authorize the sale thereof by duly appointed agents, on like terms. All moneys received from sales authorized by this section shall be paid into the state treasury.
N.J. Stat. § 13:1E-179 — NJ Code / Title 13 / Chapter 1E / Section 1E-179
Definitions.
Status: in_force

3. As used in this act: "Class of low-level radioactive waste" means a designation of low-level radioactive waste by the United States Nuclear Regulatory Commission based on the concentration of specific radionuclides in the waste; "Commission" means the Northeast Interstate Low-Level Radioactive Waste Commission created pursuant to Article IV of P.L.1983, c.329 (C.32:31-5); "Department" means the Department of Environmental Protection; "Disposal" means the isolation of low-level radioactive waste from the biosphere for the hazardous life of the waste; "Facility" means the land, buildings, equipment, and improvements used or developed for the treatment, storage, or disposal of the low-level radioactive wastes generated within the party states to the Northeast Interstate Low-Level Radioactive Waste Management Compact; "Low-level radioactive waste" means radioactive waste that (1) is neither high-level waste nor spent fuel, nor by-product material as defined in paragraph (2) of subsection (e) of 42 U.S.C. s.2014; and (2) is classified by the federal government as low-level waste, consistent with existing law; but does not include waste generated as a result of atomic energy defense activities of the federal government, as defined in the "Low-Level Radioactive Waste Policy Act," Pub.L.96-573 (42 U.S.C. s.2021b et seq.) and the "Low-Level Radioactive Waste Policy Amendments Act of 1985," Pub.L.99-240 (42 U.S.C. s.2021b et seq.) or federal research and development activities; "Plan" means the Low-Level Radioactive Waste Disposal Plan adopted by the department pursuant to section 10 of P.L.1987, c.333 (C.13:1E-186); "Region" means the geographical area encompassed by the combined jurisdictions of the party states to the Northeast Interstate Low-Level Radioactive Waste Management Compact; "Site" means both the physical location with a buffer zone and the technology employed to isolate low-level radioactive waste at that location; and "Generator" means any person, association, public utility, hospital, clinic, research laboratory, corporation, society, radiopharmaceutical facility, academic facility, or nuclear medical research facility that produces low-level radioactive waste, or any other entity identified by the board that produces low-level radioactive waste, or that is licensed by the United States Nuclear Regulatory Commission to use, possess, handle or dispose of radioactive materials. L.1987,c.333,s.3; amended 1991, c.166, s.1; 2002, c.105, s.1.
N.J. Stat. § 13:19-30 — NJ Code / Title 13 / Chapter 19 / Section 19-30
Donations
Status: in_force

9. Any person may donate to the department, or to a county or municipality, funds, supplies, or services for use in the "Adopt a Beach" program, and the department and any county or municipality are authorized to accept such donations. L.1992,c.213,s.9.
N.J. Stat. § 13:1E-99.19 — NJ Code / Title 13 / Chapter 1E / Section 1E-99.19
Written determination
Status: in_force

a. Within 18 months of the effective date of this amendatory and supplementary act, the department shall make a written determination as to whether a convenient and economically feasible mechanism for the collection, recycling, and marketing of plastic or bi-metal beverage containers is available to counties and municipalities in this State. A determination by the department that such a mechanism is available shall be based upon a finding that the manufacturers of plastic or bi-metal beverage containers and the beverage manufacturing industries have achieved, by the end of the previous 12 months, the recycling, on a percentage basis, of plastic or bi-metal beverage containers at a rate at least equal to the recovery rates achieved for glass or aluminum beverage containers during that one-year period, whichever is less. b. In the event that the department makes a written determination that the manufacturers of plastic or bi-metal beverage containers and the beverage manufacturing industries have not achieved the recycling of plastic or bi-metal beverage containers at a recovery rate at least equal to that achieved for glass or aluminum beverage containers as provided in subsection a. of this section, the department shall transmit its findings to the Governor and the Legislature, including appropriate recommendations for the proper disposition or recycling of these containers. L. 1987, c. 102, s. 11.
N.J. Stat. § 13:8C-55 — NJ Code / Title 13 / Chapter 8C / Section 8C-55
Submission of list of projects recommended to receive funding.
Status: in_force

13. a. At least once each State fiscal year, the Department of Environmental Protection, the State Agriculture Development Committee, and the New Jersey Historic Trust shall each submit to the Garden State Preservation Trust a list of projects recommended to receive funding pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.). Except as otherwise provided by P.L.2016, c.12 (C.13:8C-43 et seq.), such funding recommendations shall be based upon the same respective priority systems, ranking criteria, and funding policies as those established pursuant to sections 23, 24, 26, 27, and 37 through 42 of P.L.1999, c.152 (C.13:8C-23, C.13:8C-24, C.13:8C-26, C.13:8C-27, and C.13:8C-37 through C.13:8C-42), section 7 of P.L.2005, c.178 (C.13:8C-38.1), and sections 1 and 2 of P.L.2001, c.405 (C.13:8C-40.1 and C.13:8C-40.2), and any rules or regulations adopted pursuant thereto. b. The Garden State Preservation Trust shall review the project lists submitted pursuant to subsection a. of this section, and prepare, and submit to the Governor and to the President of the Senate and the Speaker of the General Assembly for introduction in the Legislature, proposed legislation appropriating moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.) to fund projects on any such list. The Legislature may approve one or more appropriation bills containing a project list or lists submitted by the Garden State Preservation Trust pursuant to this subsection. L.2016, c.12, s.13; amended 2019, c.136, s.6.
N.J. Stat. § 13:1D-58 — NJ Code / Title 13 / Chapter 1D / Section 1D-58
Nonapplicability of C.13:1D-51 et seq.; hearing, determination.
Status: in_force

1. a. The provisions of P.L.1993, c.38 (C.13:1D-51 et seq.) shall not apply in the case of conveyances by the State or the department involving an exchange of lands within the pinelands area, as defined in section 10 of P.L.1979, c.111 (C.13:18A-11), or within the Hackensack Meadowlands District, as defined in section 4 of P.L.1968, c.404 (C.13:17-4), or within the Highlands Region as defined in section 3 of P.L.2004, c.120 (C.13:20-3), to the federal government or any agency or entity thereof, another State agency or entity, or a local unit, provided the lands to be conveyed are used for recreation or conservation purposes, shall continue to be used for recreation or conservation purposes and it has been determined pursuant to subsection c. of this section that the proposed recreation and conservation purposes for the lands do not significantly alter the ecological and environmental value of the lands being exchanged. b. Prior to any conveyance of lands that is exempted from the provisions of P.L.1993, c.38 (C.13:1D-51 et seq.) pursuant to subsection a. of this section, the Department of Environmental Protection shall conduct at least one public hearing on the proposed conveyance in the municipality in which the lands proposed to be conveyed are located. The local unit proposing the recreation or conservation use of the lands being exchanged shall present its proposal for the use of the lands being exchanged at the public hearing, including a description of the proposed recreation or conservation use of the lands and any proposed alterations to the lands for the recreation or conservation purposes. c. As a condition of any conveyance of lands that is exempted from the provisions of P.L.1993, c.38 (C.13:1D-51 et seq.) pursuant to subsection a. of this section, and prior to any public hearing required pursuant to subsection b. of this section, the Pinelands Commission, the New Jersey Meadowlands Commission, or the Highlands Water Protection and Planning Council, as appropriate, after consultation with the local units in which the lands to be conveyed are located, shall determine that the proposed recreation or conservation purpose does not significantly alter the ecological and environmental value of the lands being exchanged. The appropriate commission or council shall determine that the proposed recreation or conservation purpose does not significantly alter the ecological and environmental value of the lands being exchanged, if: (1) the appropriate commission or council determines that any proposed recreation or conservation use of the lands being exchanged is consistent with the law, rules and regulations governing the protection and development of the pinelands area or pinelands preservation area, as appropriate and as defined in section 10 of P.L.1979, c.111 (C.13:18A-11), the Hackensack Meadowlands District, as defined in section 4 of P.L.1968, c.404 (C.13:17-4), or the Highlands Region, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), and the requirements of the law, rules or regulations have been met to the satisfaction of the appropriate commission or council; and (2) a portion of the lands would be maintained in an undeveloped or pre-conveyance state and no wetlands would be negatively affected in violation of State or federal law, or any rules or regulations adopted pursuant thereto. The determinations required pursuant to this subsection shall be made available to the public at the time of the public hearing required pursuant to subsection b. of this section. d. For the purposes of this section, "local unit" means a municipality, county, or other political subdivision of the State, or any agency thereof authorized to administer, protect, develop and maintain lands for recreation and conservation purposes. L.1995,c.306,s.1; amended by L.2004, c.120, s.49.
N.J. Stat. § 13:1E-99.134d — NJ Code / Title 13 / Chapter 1E / Section 1E-99.134d
Education campaign, benefits of reducing single-use utensils, condiments.
Status: in_force

4. The department shall develop a 180-day education campaign to educate citizens of the State on the financial and environmental benefits of reducing the amount of single-use utensils and condiments offered without necessity and to encourage responsible use by reminding individuals not to take more items than needed from a self-serve condiment station or utensil dispenser. L.2025, c.298, s.4.
N.J. Stat. § 13:1F-1 — NJ Code / Title 13 / Chapter 1F / Section 1F-1
Short title
Status: in_force

This act shall be known, and may be cited, as the "Pesticide Control Act of 1971." L.1971, c. 176, s. 1, eff. June 1, 1971.
N.J. Stat. § 13:1L-6 — NJ Code / Title 13 / Chapter 1L / Section 1L-6
Grant of authority to operate facilities for private profit; acquisition of interest in lands
Status: in_force

a. Notwithstanding any other law, rule or regulation to the contrary, the department shall have the authority to grant such rights or privileges to individuals or corporations for the construction, operation and maintenance for private profit of any facility, utility or device upon the State parks and forests, lands and waters as the department shall find necessary and proper for the use and enjoyment of the lands by the public. Such rights and privileges shall include, but not be limited to, concessions, franchises, licenses, permits and other rights and privileges deemed by the department to be appropriate in the utilization of the lands for the public benefit. The grant or award of such rights or privileges shall be made in the name of the State of New Jersey and executed by the department, at such price and upon such terms and conditions as shall be fixed by the department. b. The department shall have the authority to acquire rights and privileges in lands owned by individuals or corporations where the department deems it necessary or useful, for the proper implementation of the provisions of this amendatory and supplementary act, that an interest in such lands be acquired. Such rights and privileges shall include, but not be limited to, leases, licenses, concessions, franchises and permits. Any rights or privileges acquired hereunder and the considerations therefor shall be subject to terms and conditions fixed by the department. L.1983, c. 324, s. 6, eff. Sept. 1, 1983.
N.J. Stat. § 13:1K-2 — NJ Code / Title 13 / Chapter 1K / Section 1K-2
Seizure of conveyance
Status: in_force

When in the presence of a law enforcement officer, a department official shall seize and secure any such conveyance upon process issued pursuant to a summary hearing and upon a determination that such conveyance was used in violation of this act by any court having jurisdiction over the property, or having final jurisdiction over a related criminal proceeding under this act except that seizure without such process may be made when: a. It is not inconsistent with the Constitution of this State and the United States; b. The property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunctive relief or forfeiture proceeding under this act; c. The department or any person charged with enforcement of this act has probable cause to believe that the property has been used or intended to be used in violation of this act. In the event of seizure pursuant to this subsection proceedings shall be promptly instituted. L.1981, c. 387, s. 2, eff. Jan. 6, 1982.
N.J. Stat. § 13:16-17 — NJ Code / Title 13 / Chapter 16 / Section 16-17
Partial invalidity
Status: in_force

If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent jurisdiction to be invalid such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered. L.1966, c. 130, s. 17.
N.J. Stat. § 13:1E-177 — NJ Code / Title 13 / Chapter 1E / Section 1E-177
Short title
Status: in_force

This act shall be known and may be cited as the "Regional Low-Level Radioactive Waste Disposal Facility Siting Act." L. 1987,c.333, s.1.
N.J. Stat. § 13:1K-38 — NJ Code / Title 13 / Chapter 1K / Section 1K-38
Sale, use of certain creosote products prohibited.
Status: in_force

3. On or after July 1, 2007 neither creosote nor any wood or other product treated with or containing creosote shall be sold, offered for sale, or used in this State. Nothing in this section shall prohibit the removal, demolition or repair of existing structures that contain products treated with or containing creosote. L.2007, c.113, s.3.
N.J. Stat. § 13:9B-19 — NJ Code / Title 13 / Chapter 9B / Section 9B-19
Consideration for tax purposes
Status: in_force

If the department denies an application for a freshwater wetlands permit, the owner of record of the property affected may request, and the local tax assessor shall provide, that this fact be taken into account when the property is valued, assessed, and taxed for property tax purposes. L. 1987, c. 156, s. 19.
N.J. Stat. § 13:1B-15.151 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.151
Short title
Status: in_force

This act shall be known and may be cited as the "Endangered Plant Species List Act." L.1989, c.56, s.1.
N.J. Stat. § 13:1H-11 — NJ Code / Title 13 / Chapter 1H / Section 1H-11
State aid to environmental agency for projects in eligible municipalities
Status: in_force

The department may grant up to $10,000.00 per year in State aid to any environmental agency for a project or projects addressing urban environmental concerns within an eligible municipality. The contribution by the department shall not exceed 80% of the cost of the project which qualifies for assistance under this act. L.1979, c. 56, s. 4, eff. March 27, 1979.
N.J. Stat. § 13:1B-15.12a1 — NJ Code / Title 13 / Chapter 1B / Section 1B-15.12a1
Natural areas system; standards for inclusion of area
Status: in_force

For inclusion in the system, it is not necessary that an area be wholly unmarked by man, but that the impact of man be not permanent, not seriously destructive of the area's potential for developing natural values, and not obtrusively apparent to the casual observer, and is of such character that the lessening of human impact will allow the land or water to recover natural values of interest. Notwithstanding the above definition and criteria, lands subject to the noise of vehicular traffic and of commercial and industrial operations, and subject to air and water pollution as the result of the activities of man, may nevertheless be designated as parts of the system if they lie on the perimeters of primary natural areas within the system, and if the purpose of their inclusion within the system is to protect or buffer the primary natural areas. L.1975, c. 363, s. 2, eff. March 3, 1976.
N.J. Stat. § 13:8C-47 — NJ Code / Title 13 / Chapter 8C / Section 8C-47
Deposit of amount credited.
Status: in_force

5. a. In State fiscal year 2017 through and including State fiscal year 2019, of the amount credited by the State Treasurer to the Preserve New Jersey Fund Account pursuant to paragraph (1) of subsection a. of section 4 of this act:
(1) 60 percent shall be deposited into the Preserve New Jersey Green Acres Fund established pursuant to section 6 of this act; (2) 4 percent shall be deposited into the Preserve New Jersey Blue Acres Fund established pursuant to section 7 of this act;
(3) 31 percent shall be deposited into the Preserve New Jersey Farmland Preservation Fund established pursuant to section 8 of this act; and
(4) 5 percent shall be deposited into the Preserve New Jersey Historic Preservation Fund established pursuant to section 9 of this act.
b. In State fiscal year 2017 through and including State fiscal year 2019, of the amount credited by the State Treasurer to the Preserve New Jersey Fund Account pursuant to paragraph (2) of subsection a. of section 4 of this act, each State park, forest, or wildlife management area shall receive an amount equal to the amount of revenue annually derived from leases or conveyances of lands at that State park, forest, or wildlife management area, as appropriate, to be used for recreation and conservation purposes at that State park, forest, or wildlife management area. L.2016, c.12, s.5