reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:10-23.11a (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11a - Findings and declarations

58:10-23.11a. Findings and declarations  2. The Legislature finds and declares: that New Jersey's lands and waters constitute a unique and delicately balanced resource; that the protection and preservation of these lands and waters promote the health, safety and welfare of the people of this State; that the tourist and recreation industry dependent on clean waters and beaches is vital to the economy of this State; that the State is the trustee, for the benefit of its citizens, of all natural resources within its jurisdiction; and that the storage and transfer of petroleum products and other hazardous substances between vessels, between facilities and vessels, and between facilities, whether onshore or offshore, is a hazardous undertaking and imposes risk of damage to persons and property within this State. The Legislature finds and declares that the discharge of petroleum products and other hazardous substances within or outside the jurisdiction of this State constitutes a threat to the economy and environment of this State. The Legislature intends by the passage of this act to exercise the powers of this State to control the transfer and storage of hazardous substances and to provide liability for damage sustained within this State as a result of any discharge of said substances, by requiring the prompt containment and removal of such pollution and substances, and to provide a fund for swift and adequate compensation to resort businesses and other persons damaged by such discharges, and to provide for the defense and indemnification of certain persons under contract with the State for claims or actions resulting from the provision of services or work to mitigate or clean up a release or discharge of hazardous substances. The Legislature further finds and declares that many former industrial sites in the State remain vacant or underutilized in part because they have been contaminated by a discharge of a hazardous substance; that these properties constitute an economic drain on the State and the municipalities in which they exist; that it is in the public interest to have these properties cleaned up sufficiently so that they can be safely returned to productive use; and that it should be a function of the Department of Environmental Protection to facilitate and coordinate activities and functions designed to clean up contaminated sites in this State. L.1976,c.141,s.2; amended 1986, c.59, s.1; 1991, c.373, s.12; 1997, c.278, s.27.
NJ Rev Stat § 58:10-23.11c (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11c - Hazardous substance discharge prohibited; exceptions

58:10-23.11c. Hazardous substance discharge prohibited; exceptions  4. The discharge of hazardous substances is prohibited. This section shall not apply to discharges of hazardous substances pursuant to and in compliance with the conditions of a Federal or State permit, or to any discharge of petroleum to the surface waters of the State that occurs as a result of the process of recovering, containing, cleaning up or removing a discharge of petroleum in the surface waters of the State and that is undertaken in compliance with the instructions of a federal on-scene coordinator or of the commissioner or the commissioner's designee .  L.1976,c.141,s.4; amended 1995,c.16,s.2.
NJ Rev Stat § 58:10-23.11d1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d1 - Definitions

58:10-23.11d1. Definitions  As used in this act: "Major facility" has the same meaning as set forth in section 3 of P.L.1976, c.141 (C.58:10-23.11b); "Transmission pipeline" means new and existing pipe and any equipment, facility, rights-of-way, or building used or intended for use in the transportation of a hazardous substance by a pipeline and having a throughput capacity as established by regulations adopted by the department. Transmission pipeline does not include the transportation of a hazardous substance through onshore production or flow lines, refining, or manufacturing facilities, or storage terminals or inplant piping systems associated with those facilities that are within the boundaries of a major facility.  L.1990,c.78,s.1.
NJ Rev Stat § 58:10-23.11d4 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d4 - Renewal of plans

58:10-23.11d4. Renewal of plans  Each DPCC plan and contingency plan shall be renewed every five years with the department unless the department requires a more frequent submission. Applications for plan renewals shall be accompanied by a summary of all unauthorized discharges at a major facility or transmission pipeline, and any other information as may be deemed necessary or useful by the department. Plan renewals may be limited to certifying that the existing plans on file with the department are current. Filing of a revised plan may be required by the department at the time of renewal so as to incorporate into the plan all amendments adopted since the filing of the original plan or its last renewal. Amendments to a DPCC plan, a contingency plan, or any other information required to be filed with the department pursuant to this act shall be filed within 30 days of the date of any modification of a facility or transmission pipeline necessitating a change in a plan or other information filed with the department. Plan renewals or amendments shall be certified in the same manner as the original plan.  L.1990,c.78,s.4.
NJ Rev Stat § 58:10-23.11d5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d5 - Retention of evidence of financial responsibility of cleanups.

58:10-23.11d5. Retention of evidence of financial responsibility of cleanups.  The owner or operator of a major facility or transmission pipeline shall, at all times, retain on file with the department evidence of financial responsibility for cleaning up and removing a discharge or release of a hazardous substance, and for the removal of any abandoned structure owned or operated, as the case may be, by the owner or operator of a major facility or transmission pipeline. The amount, nature, terms, and conditions of the financial responsibility shall be determined by the department. The owner or operator of a major facility or transmission pipeline shall file evidence of financial responsibility with the department within 180 days of the effective date of P.L.1990, c.78 (C.58:10-23.11d1 et al.).  L.1990,c.78,s.5.
NJ Rev Stat § 58:10-23.11d6 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d6 - Regulation of submitted plans, renewals, amendments

58:10-23.11d6. Regulation of submitted plans, renewals, amendments  The department shall prescribe, by regulation, the manner, form and contents of the plans, renewals, amendments, and other submissions required to be filed pursuant to P.L.1990, c.78 (C.58:10-23.11d1 et al.) so as to ensure the consistency of plans, specifications, maps or other submissions filed with the department pursuant to this act as to form, content, clarity, geographical reference to State plan coordinates, or any other criteria deemed necessary by the department. The department shall prescribe by regulation the amount, nature, and conditions of financial responsibility of the owner or operator of a major facility or transmission pipeline as required pursuant to section 5 of P.L.1990, c.78 (C.58:10-23.11d5). The department shall establish, as applicable, minimum performance standards or requirements for any of the DPCC or contingency plan elements. Plans, plan renewals and amendments, plan components and any other required submissions to the department shall comply with departmental regulations, and, as applicable, shall be certified by a licensed engineer or land surveyor.  L.1990,c.78,s.6.
NJ Rev Stat § 58:10-23.11d7 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d7 - Filing of plans with local emergency prevention or planning committees

58:10-23.11d7. Filing of plans with local emergency prevention or planning committees  A copy of a DPCC plan and contingency plan, or plan renewal, and all plan amendments shall be filed by the owner or operator of a major facility or transmission pipeline with the local emergency prevention or local emergency planning committee or committees.  L.1990,c.78,s.7.
NJ Rev Stat § 58:10-23.11d8 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d8 - Distribution of submission, filing of plans

58:10-23.11d8. Distribution of submission, filing of plans  The owner or operator of a major facility or transmission pipeline who has on file with the department as of the date of adoption of rules or regulations pursuant to section 14 of P.L.1990, c.78 (C.58:10-23.11d14) a DPCC plan and a contingency plan reviewed and approved pursuant to section 5 of P.L.1976, c.141 (C.58:10-23.11d), or the owner or operator of a major facility or transmission pipeline who does not have on file with the department a DPCC plan and a contingency plan reviewed and approved by the department, shall file a new DPCC plan and a contingency plan in accordance with a schedule provided by the department and promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) so as to evenly distribute the submittal and filing of DPCC plans and contingency plans.  The department shall use the following criteria to evenly distribute the submittal and filing of DPCC plans and contingency plans: size of the facility, material being stored, and proximity to environmentally sensitive areas or habitats. The schedule adopted by the department for submitting a DPCC plan or a contingency plan shall not extend beyond three years after the adoption of the rules or regulations pursuant to section 14 of P.L.1990, c.78 (C.58:10-23.11d14).  L.1990,c.78,s.8.
NJ Rev Stat § 58:10-23.11d9 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d9 - Review of plans filed

58:10-23.11d9. Review of plans filed  a. Except as otherwise provided in subsection b. of this section, the department shall, as soon as practicable, but not later than six months following a filing of a DPCC plan, contingency plan, or a renewal thereof, or, in the case of plan amendments, within 60 days of the filing of the amendments, review the filing to determine compliance with all statutory requirements, including rules and regulations adopted thereunder.  b. The department may, at any time during the plan, plan renewal or plan amendment review period approve, conditionally approve, or disapprove a plan, plan renewal, or plan amendments. If a plan, plan renewal or plan amendments are disapproved, the owner or operator of the major facility or transmission pipeline shall have 30 days from receipt of written notice of the disapproval, and the reasons therefor, within which to submit a revised plan or plan amendments. The department may, at any time after an on-site inspection of a facility or pipeline, or a discharge or other emergency at a facility or pipeline, direct the owner or operator of the major facility or transmission pipeline to submit amendments to a DPCC plan or contingency plan on file with the department, or to submit additional documentation or information in conjunction with a filed plan or amendments. If within 30 days of receipt of a written request therefor, the owner or operator of the major facility or transmission pipeline fails to file a revised plan, amendments, or requested information satisfactory to the department, or fails to contest the department's request in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the DPCC plan, contingency plan, renewal plan, or plan amendments shall be deemed to have been disapproved by the department and the owner or operator of the facility or pipeline shall be in violation of section 2 or section 3, as appropriate, of P.L.1990, c.78 (C.58:10-23.11d2 or 58:10-23.11d3). The department may, for good cause, extend by up to an additional 30 days the time period for filing a revised plan or plan amendments, or for responding to a request for information.  L.1990,c.78,s.9.
NJ Rev Stat § 58:10-23.11d10 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d10 - Report of unauthorized discharge, system malfunction

58:10-23.11d10. Report of unauthorized discharge, system malfunction  a. The owner or operator of a major facility or transmission pipeline shall immediately report any unauthorized discharge occurring at the major facility or transmission pipeline. Within 30 days of the reporting of a discharge, the owner or operator of a major facility or transmission pipeline shall provide the department with a full report on the nature and causes of the discharge, the nature and chronology of the actions taken by the owner or operator and other parties to clean up and remove the discharged hazardous substance, an evaluation of all pertinent prevention and response plans and policies in light of the discharge, and the owner's or operator's response thereto, and the measures taken to avoid a recurrence of similar discharges and to remedy shortcomings in the prevention, detection, response, containment, cleanup, or removal plan components. The report shall be accompanied by any amendments that may be required to the DPCC and contingency plans. Upon evaluation of the report, the department may direct the owner or operator of the major facility or transmission pipeline to make appropriate amendments to its DPCC or contingency plan in order to prevent a recurrence of similar discharges, to improve the response capability at the major facility or transmission pipeline, or to minimize the possible adverse impacts of any future discharges on public safety and the environment. The owner or operator of the major facility or transmission pipeline shall provide the department with any other information that may be required by the department to evaluate the prevention and response capabilities at the major facility or transmission pipeline.  b. The owner or operator of a major facility or transmission pipeline shall immediately notify the department's environmental action line of any malfunction of a leak detection or other discharge monitoring system, or other discharge prevention, safety system, or device. The owner or operator of the major facility or transmission pipeline shall provide information as to the nature of the malfunction and the measures taken to avoid a recurrence. The department may, at any time, require the installation or replacement of a leak detection, discharge monitoring system, or other discharge prevention, safety system, or device because of severe or repeated malfunctions or other failures, or that fails to satisfy the standards prescribed therefor pursuant to section 11 of P.L.1990, c.78 (C.58:10-23.11d11).  Nothing in this section shall be construed to limit the authority of the department to direct the owner or operator of a facility or pipeline at any time to take immediate measures to strengthen its prevention or response capabilities.  L.1990,c.78,s.10.
NJ Rev Stat § 58:10-23.11d12 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d12 - Inspection of facility required

58:10-23.11d12. Inspection of facility required  The owner or operator of a major facility or transmission pipeline shall visually inspect, or cause to be visually inspected, at least once each month, all above-ground pipelines, above-ground storage tanks, and above-ground enclosed storage spaces for leaks, structural and foundation weaknesses, or other maintenance needs.  L.1990,c.78,s.12.
NJ Rev Stat § 58:10-23.11d13 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d13 - Maintenance of records

58:10-23.11d13. Maintenance of records  The owner or operator of a major facility or transmission pipeline shall maintain at the major facility, or in the case of a transmission pipeline, with a registered agent of the owner or operator, for at least 10 years, records of any testing, inspection, maintenance, and repair of all structures, equipment, and detection or monitoring, prevention or safety devices related to discharge prevention and response, and shall make these records available for inspection by the department or appropriate local agencies upon request. Records of employee training and simulated drills for discharge prevention and emergency response shall also be retained and be available for inspection by the department or appropriate local agencies.  L.1990,c.78,s.13.
NJ Rev Stat § 58:10-23.11d14 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d14 - Rules, regulations

58:10-23.11d14. Rules, regulations  Within one year of the effective date of P.L.1990, c.78 (C.58:10-23.11d1 et al.), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of P.L.1990, c.78 (C.58:10-23.11d1 et al.). Pending adoption of rules and regulations, the department may require a major facility or transmission pipeline to take such action to upgrade the discharge and prevention capabilities at the facility or pipeline as the department may deem appropriate.  L.1990,c.78,s.14.
NJ Rev Stat § 58:10-23.11d15 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d15 - Compliance not deemed defense

58:10-23.11d15. Compliance not deemed defense  Compliance with any standard or plan required to be submitted or adopted pursuant to P.L.1990, c.78 (C.58:10-23.11d1 et al.) shall not be deemed a defense in addition to the defenses enumerated in subsection d. of section 8 of P.L.1976, c.141 (C. 58:10-23.11g).  L.1990,c.78,s.15.
NJ Rev Stat § 58:10-23.11d16 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d16 - Submission of status report

58:10-23.11d16. Submission of status report  Eighteen months after the adoption of regulations pursuant to section 14 of P.L.1990, c.78 (C.58:10-23.11d14) the department shall prepare and submit to the Senate Environmental Quality Committee, the Assembly Energy and Environment Committee, or their successors, and to the library of the New Jersey Office of Legislative Services, a status report on the submittals of the DPCC and contingency plans required to be adopted pursuant to P.L.1990, c.78 (C.58:10-23.11d1 et al.). The status report shall contain, but need not be limited to, a copy of the schedule of DPCC and contingency plan submittals, the number of major facilities, the number of submittals received, and the submittal schedule for plans not yet received.  L.1990,c.78,s.16.
NJ Rev Stat § 58:10-23.11d17 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11d17 - Maps filed with DEP before June 5, 1998 under P.L. 1990, c.78

58:10-23.11d17 Maps filed with DEP before June 5, 1998 under P.L. 1990, c.78  4. Notwithstanding the provisions of section 6 of P.L.1990, c.78 (C.58:10-23.11d6) or any other law, rule or regulation to the contrary, the Department of Environmental Protection shall not require a map required to be filed pursuant to P.L.1990, c.78 (C.58:10-23.11d1 et al.) and filed with the department on or before the effective date of this section to be resubmitted in digital form prior to January 1, 2000. L.1998,c.23,s.4.
NJ Rev Stat § 58:10-23.11e (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11e - Person responsible for discharge; notice to department

58:10-23.11e. Person responsible for discharge; notice to department  Any person who may be subject to liability for a discharge which occurred prior to or after the effective date of the act of which this act is amendatory shall immediately notify the department. Failure to so notify shall make persons liable to the penalty provisions of section 22 of this act. L.1976, c. 141, s. 6. Amended by L.1979, c. 346, s. 3.
NJ Rev Stat § 58:10-23.11e1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11e1 - Hazardous discharge by aircraft to be reported

58:10-23.11e1. Hazardous discharge by aircraft to be reported  Whenever an aircraft discharges fuel into the airspace over the land or waters of this State, the operator shall note the amount of fuel discharged, location in flight path of the discharge, wind speed and direction, and area likely to be affected by the discharge. The operator shall include this information in its report of a hazardous discharge to the department. Whenever the department receives notice of a discharge from an overhead aircraft, the department shall notify the governing body of each affected municipality of the discharge.  L.1989, c.246, s.1.
NJ Rev Stat § 58:10-23.11e2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11e2 - Publication of information relative to contribution suit settlement.

58:10-23.11e2 Publication of information relative to contribution suit settlement.  2. At least 60 days prior to its agreement to any administrative or judicially approved settlement entered into pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.), the Department of Environmental Protection shall publish in the New Jersey Register and on the New Jersey Department of Environmental Protection's website the name of the case, the names of the parties to the settlement, the location of the property on which the discharge occurred, and a summary of the terms of the settlement, including the amount of any monetary payments made or to be made. The Department of Environmental Protection shall provide written notice of the settlement, which shall include the information listed above, to all other parties in the case and to any other potentially responsible parties of whom the department has notice at the time of the publication.  L.2005, c.348, s.2; amended 2009, c.60, s.36; 2015, c.166, s.1.
NJ Rev Stat § 58:10-23.11f1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f1 - Illumination for non-daylight hazardous substance transfers

58:10-23.11f1 Illumination for non-daylight hazardous substance transfers  An owner or operator of a refinery, storage, transfer terminal, or pipeline facility, or a vessel that transports a hazardous substance, shall provide during non-daylight hours illumination for any transfer of the hazardous substance between the facility and such vessel, or among two or more vessels. Illumination shall be provided at each transfer connection point in use, and for adjacent facility or vessel areas, and surrounding waters. The intensity and area of illumination shall be sufficient in the estimation of the department, to permit the visual detection of a discharge of a hazardous substance into the land or waters of the State. To the extent practicable and necessary to effectuate the purposes of this section, the department may require illumination of locations at which underwater transmission pipelines emerge onto the lands of the State.  The department shall, within one year of the effective date of this act, adopt guidelines for the implementation of its provisions. The guidelines shall, to the maximum extent practicable, be consistent with applicable United States Coast Guard standards or requirements adopted for hazardous substance transfers from vessels during non-daylight hours.  The department may use monies from the New Jersey Spill Compensation Fund, as authorized pursuant to paragraph (2) of subsection b. of section 9 of P.L.1976, c.141 (C.58:10-23.11h), for program costs incurred in implementing the provisions of this act.  L.1990,c.80,s.1.