reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:10-23.11f2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f2 - Transfer of hazardous liquids regulated

58:10-23.11f2. Transfer of hazardous liquids regulated  a. On the 31st day following the adoption of rules and regulations pursuant to section 5 of this act, no owner or operator of a refinery, storage, transfer terminal, or pipeline facility, or a vessel while in the waters of the State, shall transfer, or authorize or allow to be transferred any hazardous liquid between any such facility and a vessel, or among two or more vessels, unless, as prescribed by the department, either a boom or other containment device is in place as hereinafter provided, or the containment device is available, along with trained personnel, at the site of transfer operations on a stand-by basis for immediate deployment in the event of a discharge, spill or release during the transfer.  In the case of (1) a transfer of a hazardous liquid between a land-based facility and a vessel, or between two or more vessels at a facility, the owner or operator of the facility shall be responsible for the containment device, trained personnel, or other containment or mitigation measures required by the department, or (2) a vessel-to-vessel transfer occurring away from a land-based facility, the owner or operator of each of the vessels involved shall be responsible therefor.  b. If a containment device is required by the department to be in place during a transfer of a hazardous liquid, the device shall be deployed not less than 15 feet from the vessel or vessels prior to commencement of the transfer operation, except that in the case of a docked vessel the dock may be used to complete the encirclement of a vessel with a containment device.  The provisions of this act shall not apply to the transfer of a hazardous liquid to be used solely as fuel to power a vessel. As used in this act, "hazardous liquid" shall mean a hazardous substance as such term is defined in section 3 of P.L.1976, c.141 (C.58:10-23.11b) that is in liquid form at the time of transfer of the hazardous substance from facility to vessel or from vessel-to-vessel; "list hazardous liquid" means a hazardous liquid placed on a list prepared by the department pursuant to subsection a. of section 2 of this act.  L.1990,c.76,s.1.
NJ Rev Stat § 58:10-23.11f3 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f3 - Identification of hazardous liquids; use of containment device; prevention, response measures

58:10-23.11f3. Identification of hazardous liquids; use of containment device; prevention, response measures  a. The department shall identify individual or categories or classes of hazardous liquids, or the circumstances of a transfer of a hazardous liquid for which a containment device may be usefully and safely deployed without posing a substantial danger to the safety of a vessel or its crew. A list of all such hazardous liquids shall be identified and published by the department in the New Jersey Register.  b. The department (1) may require all facilities or vessels either to deploy, or to maintain on a stand-by basis a containment device during a transfer of any hazardous liquid listed by the department pursuant to subsection a. of this section, or (2) may require a particular facility or vessel to deploy a containment device during transfer operations for one or more list hazardous liquids, based upon the past record of the facility, or the owner or operator of a vessel, the nature of the hazards involved, including the characteristics of the hazardous liquid, the size, complexity or circumstances of the transfer, or the potential dangers to public health and safety, or to environmentally sensitive areas in reasonable proximity to the transfer operations.  c. In addition to requiring a containment device to be deployed or maintained on a stand-by basis during transfer operations for a list hazardous liquid, the department shall require such other equipment or chemicals to be maintained on a stand-by basis at the site of the transfer during the transfer of a hazardous liquid from any facility or vessel for purposes of minimizing the amount of a discharge, spill or release, and containing, removing or mitigating the adverse effects therefrom. The provisions of this subsection shall also apply to any hazardous liquid whether or not a list hazardous liquid.  d. The discharge prevention, control and countermeasure plan, and the discharge response, cleanup and removal contingency plan of a major facility shall set forth all of the prevention and response measures required by the department pursuant to this act. The department may, at any time, require amendments to plan provisions for transfer operations at a major facility in order to improve the discharge prevention and response capabilities of a facility.  L.1990,c.76,s.2.
NJ Rev Stat § 58:10-23.11f4 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f4 - County, municipal ordinances etc., superseded

58:10-23.11f4. County, municipal ordinances etc., superseded  Any ordinance, resolution, or regulation of a county or municipality inconsistent with the provisions of this act, including rules and regulations adopted hereunder, shall be of no effect upon final adoption of rules and regulations by the department pursuant to section 5 of this act.  L.1990,c.76,s.3.
NJ Rev Stat § 58:10-23.11f5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f5 - Violations, penalties

58:10-23.11f5. Violations, penalties  Any person violating the provisions of this act shall be subject to the penalty and injunctive relief provisions of section 22 of P.L.1976, c.141 (C.58:10-23.11u).  L.1990,c.76,s.4.
NJ Rev Stat § 58:10-23.11f6 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f6 - Rules, regulations

58:10-23.11f6. Rules, regulations  Within one year of the effective date of this act, the department shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of this act. Nothing in this act shall be construed to limit the authority of the department pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.) to require a major facility, as defined in section 3 of P.L.1976, c.141 (C.58:10-23.11b), to take all necessary measures pursuant thereto to improve the discharge or prevention capabilities of the facility prior to, or after the adoption of rules and regulations by the department pursuant to this act.  L.1990,c.76,s.5.
NJ Rev Stat § 58:10-23.11f7 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f7 - Use of New Jersey Spill Compensation Fund monies for program costs

58:10-23.11f7. Use of New Jersey Spill Compensation Fund monies for program costs  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.76,s.6.
NJ Rev Stat § 58:10-23.11f8 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f8 - Short title

58:10-23.11f8. Short title  1. This act shall be known and may be cited as the "Hazardous Substance Response Action Contractors Indemnification Act."  L.1991,c.373,s.1; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f9 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f9 - Findings and declarations

58:10-23.11f9. Findings and declarations  2. The Legislature finds and declares that it is the public policy of this State to safely and expeditiously handle, treat, remove and dispose of hazardous substances released or spilled to the environment or at hazardous waste sites where no responsible party has been identified or has undertaken a cleanup; that the availability of an adequate supply of private contractors for performing the design, engineering and construction of cleanup or mitigation of sites contaminated by hazardous substances is essential for assuring both the expeditious cleanup of such sites and a competitive marketplace for contractor services; that hazardous substance response action contractors continue to experience considerable difficulties in obtaining environmental liability insurance at affordable prices; that even when environmental liability insurance coverage is available it is being written on a claims-made basis for limited durations; and that the interests of the State would be promoted by permitting the Department of Environmental Protection to offer indemnification to cleanup contractors where necessary to solicit qualified contractors.  L.1991,c.373,s.2; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f10 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f10 - Definitions

58:10-23.11f10. Definitions  3. As used in this act: "Department" means the Department of Environmental Protection. "Division" means the Division of Purchase and Property within the Department of the Treasury.  "Engineering services" means services or creative work such as consultation, investigation, the evaluation, planning, and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications, the adequate performance of which requires engineering education, training, and experience, and the application of special knowledge of the mathematical, physical, and engineering sciences.  "Hazardous substance" means a hazardous substance as defined in section 3 of P.L.1976, c.141 (C.58:10-23.11b).  "Remediation" means the cleanup, removal, mitigation, control or management of a discharge of a hazardous substance.  "Response action contract" or "contract" means a contract entered into by a response action contractor with the department, or any other agency of the State, or with the division on behalf of the department to provide services or work for, or relating to, the remediation, or attempted remediation, of a hazardous substance, or to prevent or mitigate damages to the public health, safety, or welfare, including damages to public or private property, pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.), which services or work shall include evaluation, planning, engineering, surveying, design, construction, or other related services or work.  "Response action contractor" or "contractor" means a person, including an employee or subcontractor of a person, who enters into a response action contract, and, for the purposes of indemnification by the department, a surety that issues a bid, performance, or payment bond for the contractor on the response action contract, and who begins activities to meet the obligations under such bond but only in connection with such activities or obligations.  L.1991,c.373,s.3; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f11 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f11 - Indemnification of the contractor; conditions

58:10-23.11f11. Indemnification of the contractor; conditions  4. As part of a response action contract awarded by or on behalf of the department, the department may agree to defend and indemnify the contractor against claims and judgments for death or bodily injury to persons or loss and damage to property resulting from the contamination of the environment by hazardous substances as a direct consequence of the performance of the response action contract. This provision applies only to contracts wholly funded with State monies, including monies in the New Jersey Spill Compensation Fund established pursuant to section 10 of P.L.1976, c.141 (C.58:10-23.11i).  The department may determine to offer indemnification when it is deemed necessary to solicit qualified contractors and to promote adequate competition among qualified bidders. The department may offer indemnification of up to $25 million per occurrence and $50 million per contract as it deems necessary to solicit qualified contractors, depending on the nature, risk and size of the job. Any indemnification offered by the department shall be subject to the exemptions and deductible limits established herein and to terms and conditions established by the department with the advice of the Attorney General.  As part of a bidding process, the department may give preference to the extent a bidder is covered by an occurrence based policy of environmental impairment liability insurance. Any such preference shall be based on determinations articulated in the bid documents as to the relative value and cost to the State of insurance and indemnification.  Nothing in this act shall be construed to: (1) limit the right of an eligible claimant to pursue any remedy available under statutory or common law against a discharger or person in any way responsible for a discharge pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g.), for any claim amount in excess of the liability limits established pursuant to this act; or (2) authorize indemnification of a response action contractor for a claim by a person in the employment of the contractor, including any subcontractor engaged by the contractor, or any employee thereof.  Nothing in this act shall be construed to authorize indemnification of a discharger or person in any way responsible for a discharge or of a response action contractor engaged in a remediation action on behalf of a discharger or person in any way responsible for a discharge whether or not the remediation action is funded in part by the State.  L.1991,c.373,s.4; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f13 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f13 - Initiation of defense and indemnification, cooperation

58:10-23.11f13. Initiation of defense and indemnification, cooperation  6. A contractor shall not, except for good and substantial cause, be entitled to legal defense and indemnification by the Attorney General pursuant to this act unless within 10 calendar days of receipt of any summons, complaint, process, notice, demand or pleading subject to legal defense and indemnification, the contractor delivers, by certified mail or personal delivery, the original or a copy of the summons, complaint, process, notice, demand or pleading to the department or other contracting agency, and the Attorney General. Delivery of notice shall constitute an agreement by the contractor that the Attorney General shall be responsible for the conduct of the defense for the claim amount in excess of the contractor's deductible in a manner that the Attorney General deems to be in the best interests of the contractor and the State, including authority to enter into a negotiated settlement of that excess amount. The contractor shall cooperate fully with the Attorney General's defense.  The Attorney General shall submit a certified voucher to the State for payment of the amount of the judgment or settlement and court costs.  No settlement shall be entered into by a contractor or his authorized representative if the amount of the settlement exceeds the contractor's deductible unless the settlement is approved by the Attorney General. If the contractor enters into such a settlement without the Attorney General's approval, this shall be deemed a waiver by the contractor of any right to indemnification for the settlement.  L.1991,c.373,s.6; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f14 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f14 - Notice of claim, periods of limitations

58:10-23.11f14. Notice of claim, periods of limitations  7. a. Notwithstanding the provision of any other law to the contrary, a person shall be barred from recovering against a response action contractor indemnified pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.) for injury to persons, or damage to, or loss of, property if:  (1) the claimant fails to file a notice of claim with the contractor within 90 days of accrual of the claim, except that the Superior Court may permit a claimant to file a notice at any time within one year of accrual of the claim provided that the contractor and the State are not substantially prejudiced thereby, and provided further that the claimant shows sufficient reasons for his failure to file a notice of claim within the 90 days;  (2) two years have elapsed since accrual of the claim and the claimant has failed to file an action therefor; or  (3) the claimant or his authorized representative entered into a settlement with respect to the claim.  b. The provisions of this section shall not apply to a claim not subject to legal defense and indemnification pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.). Nothing in this section shall prohibit an infant or incompetent person from commencing an action under this act within the time limitations specified in this section, after his coming or being of full age or sane mind.  L.1991,c.373,s.7; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f15 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f15 - Representation other than by Attorney General; intervention

58:10-23.11f15. Representation other than by Attorney General; intervention  8. a. In the event the Attorney General determines that (1) appearing and defending a contractor pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.) involves an actual or potential conflict of interest between the State and the contractor, or (2) the act or omission giving rise to the claim is either not within the scope of the contract, or involves gross negligence, willful misconduct, fraud, intentional tort, bad faith, intentional breach of contract, or criminal misconduct by the contractor, the Attorney General shall decline in writing to appear or defend, or shall promptly withdraw as attorney for the contractor. The contractor thereupon may employ his own attorney to appear and defend against the claim.  b. If the Attorney General declines to appear and defend a contractor by reason of an actual or potential conflict of interest, the Attorney General shall authorize indemnification of the contractor for the amount of the judgment in excess of the amount of contractor's indemnification deductible and less the copayment, and reasonable legal expenses and court costs incurred by the contractor in defending against the amount of the claim or judgment in excess of the contractor's deductible.  c. If the Attorney General declines to appear and defend, or withdraws from defending, on the grounds that the act or omission giving rise to the claim or costs was not within the scope of the contract, or was the result of gross negligence, willful misconduct, fraud, intentional tort, bad faith, intentional breach of contract, or criminal misconduct on the part of the contractor, but the court finds that the act or omission was within the scope of the contract, or was not the result of gross negligence, willful misconduct, fraud, intentional tort, bad faith, intentional breach of contract, or criminal misconduct on the part of the contractor, the Attorney General shall authorize indemnification of the contractor for the amount of the judgment in excess of the amount of the contractor's indemnification deductible, and reasonable legal expenses and court costs incurred by the contractor in defending against the amount of the claim or judgment in excess of the contractor's deductible.  d. The State shall have the right to intervene in any case that may involve State indemnification and the court shall, at the request of the State, make a finding as to whether the contractor's actions were a result of gross negligence, willful misconduct, fraud, intentional tort, bad faith, intentional breach of contract, or criminal misconduct.  L.1991,c.373,s.8; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f16 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f16 - Submission of judgment to Attorney General

58:10-23.11f16. Submission of judgment to Attorney General  9. A certified copy of any judgment or settlement entered into pursuant to section 8 of P.L.1991, c.373 (C.58:10-23.11f15) shall be submitted to the Attorney General for a determination as to whether the judgment is final and subject to indemnification. If the judgment is final and subject to indemnification, the Attorney General shall submit a certified voucher to the State for payment of the amount in the manner specified in section 8.  L.1991, c.373.s.9; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f17 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f17 - Award for damages

58:10-23.11f17. Award for damages  10. A judgment or settlement against a contractor, where indemnification is provided shall be subject to such applicable limitations or conditions as are set forth in N.J.S.59:9-2 through 59:9-5. In determining the amount of an award for damages to property subject to the provisions of this section, the court may reduce the amount of the award for damages to property by all or a portion of the enhancement value resulting from the remediation action taken or paid for by the State.  L.1991, c.373.s.10; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f18 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f18 - Subrogation; construction with other law

58:10-23.11f18. Subrogation; construction with other law  11. a. The State is subrogated to any rights of a claimant paid by the State for an indemnified claim or judgment, including court and legal costs, against a discharger or person in any way responsible for a discharge pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g).  b. Nothing in P.L.1991, c.373 (C.58:10-23.11f8 et al.) shall be construed to limit the liability of a party responsible for a discharge for all costs recoverable pursuant to section 8 of P.L.1976, c.141 (C.58:10-23.11g).  c. Nothing in this act shall be construed to affect any of the defenses and immunities available to the State pursuant to the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., or any other provisions contained therein, for claims against the State or any of its employees.  L.1991, c.373.s.11; per s.22, section expired January 10, 1995.