reglab/housing_qa huggingface dataset:
NJ Rev Stat § 13:1K-1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-1 - Conveyances used in willful discharge; forfeiture; exceptions

13:1K-1. Conveyances used in willful discharge; forfeiture; exceptions  All conveyances which are used or intended for use in the willful discharge of harmful or destructive substances shall be subject to forfeiture to the State, except that: a. No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this act unless it appears that the owner or person in charge of such conveyance was a consenting party or privy to a violation of this act. The term conveyance shall mean aircraft, vessels, vehicles, other equipment or containers; b. No conveyance shall be forfeited by reason of any act or omission, established by the owner thereof, to have been committed or omitted without his knowledge by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal law of the United States or of any state; c. The forfeiture of any conveyance encumbered by a bona fide security interest shall remain subject to the interest of the secured party if he had no knowledge of the act or omission. L.1981, c. 387, s. 1, eff. Jan. 6, 1982.
NJ Rev Stat § 13:1K-2 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-2 - Seizure of conveyance

13:1K-2. Seizure of conveyance  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.
NJ Rev Stat § 13:1K-3 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-3 - Status and disposition of confiscated or detained property

13:1K-3. Status and disposition of confiscated or detained property  Property confiscated or detained pursuant to this act shall be deemed to be in the custody of the State and subject only to the judgments and orders of the court. Whenever property is seized under this provision the State may: a. Detain such conveyance by affixing thereto a statement or other appropriate marking, giving notice that it is being confiscated. b. Require that the department take custody of the property and remove it to an appropriate location for disposition in accordance with law. L.1981, c. 387, s. 3, eff. Jan. 6, 1982.
NJ Rev Stat § 13:1K-4 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-4 - Disposition after forfeiture

13:1K-4. Disposition after forfeiture  Whenever any property is forfeited under this act, its disposition shall be determined at the discretion of the commissioner including official use by the department, or referral to the Director of the Division of Purchase and Property for disposal in the following manner: a. Any public entity or political subdivision may make application to the Director of the Division of Budget and Accounting in the State Department of Treasury, to take title to such property by demonstrating the need to do so and the use to which it will be put. b. The Director, Division of Budget and Accounting shall review applications submitted pursuant to this section, make determinations regarding final disposition, and notify the applicant and the Director of Purchase and Property accordingly. c. In the event that no disposition is made under a. or b. above, the director of Purchase and Property shall dispose of the property in the manner authorized by law for disposal of surplus property. L.1981, c.387, s. 4, eff. Jan. 6, 1982.
NJ Rev Stat § 13:1K-5 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-5 - Burden of proof

13:1K-5. Burden of proof  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.
NJ Rev Stat § 13:1K-6 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-6 - Short title.

13:1K-6 Short title.  1. This act shall be known and may be cited as the "Industrial Site Recovery Act."  L.1983,c.330,s.1; amended 1993,c.139,s.1.
NJ Rev Stat § 13:1K-7 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-7 - Findings, declarations

13:1K-7. Findings, declarations  2. The Legislature finds that discharges of toxic chemicals dating back to early industrialization have left a legacy of contaminated industrial property in this State; that in 1983, due to the growing public awareness and concern of the risks to the public health and the environment and the potential costs to the State to clean up abandoned contaminated sites, the "Environmental Cleanup and Responsibility Act" was enacted. The Legislature also finds that the act's imposition of a cleanup plan approval before the transfer or upon the closing of an industrial establishment and the requirement to establish a funding source for the cleanup are in the general public interest by ensuring the discovery of contamination, by assuring that funding for cleanup is set aside at the time it is available from a transfer or closing, and by assuring that contaminated property is not abandoned to the State for cleanup. The Legislature further finds that at the time of the act's passage, the extent of the State's industrial contamination and the cost and complexity of remediations were not well understood; that in the intervening years, there has been a significant advance in the body of knowledge concerning how to remediate contaminated sites effectively and how to manage the remediation efficiently; that the regulated and financial communities are now more familiar with the liabilities involving contaminated property and with the necessity to discover and remediate that contamination; and that it is in the interest of the environment and the State's economic health to promote certainty in the regulatory process by incorporating that knowledge to create a more efficient regulatory structure and to allow greater privatization of that process where it is possible to do so without incurring unnecessary risks to the public health or the environment.  The Legislature therefore declares that it is the policy of this State to protect the public health, safety, and the environment, to promote efficient and timely cleanups, and to eliminate any unnecessary financial burden of remediating contaminated sites; that these policies can be achieved by streamlining the regulatory process, by establishing summary administrative procedures for industrial establishments that have previously undergone an environmental review, and by reducing oversight of those industrial establishments where less extensive regulatory review will ensure the same degree of protection to public health, safety, and the environment; and that the new procedures established pursuant to this act shall be designed to guard against redundancy from the regulatory process and to minimize governmental involvement in certain business transactions.  L.1983,c.330,s.2; amended 1993,c.139,s.2.
NJ Rev Stat § 13:1K-9.1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.1 - Tax sale, foreclosure as decision to close operations

13:1K-9.1. Tax sale, foreclosure as decision to close operations  1. Upon the date set for the sale of a tax sale certificate, or the provision of legal notice by a municipality of its intent to foreclose the right of redemption from a previously issued certificate, for failure to pay taxes, assessments and other municipal charges, on property on which an industrial establishment is located, the owner or operator of that establishment shall be deemed to be planning to close operations pursuant to P.L.1983, c.330 (C.13:1K-9), and the sale of the tax sale certificate or the provision of the legal notice of the municipality's intent to foreclose shall have the same effect as a public release of a decision to close operations. A municipality shall notify the department of all actions undertaken by the municipality pursuant to this section.  L.1991,c.238,s.1.
NJ Rev Stat § 13:1K-9.2 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.2 - Owner, operator required to remediate industrial establishment

13:1K-9.2. Owner, operator required to remediate industrial establishment  2. The acquiring of title to an industrial establishment by a municipality pursuant to a foreclosure action pertaining to a certificate of tax sale purchased and held by the municipality shall not relieve the previous owner or operator of the industrial establishment of his duty to remediate the industrial establishment as required pursuant to P.L.1983, c.330.  L.1991,c.238,s.2; amended 1993,c.139,s.5.
NJ Rev Stat § 13:1K-9.3 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.3 - Remediation of industrial establishment by municipality, debt of immediate past owner or operator

13:1K-9.3. Remediation of industrial establishment by municipality, debt of immediate past owner or operator  3. If a municipality undertakes a remediation of an industrial establishment, the title to which the municipality acquired pursuant to a foreclosure action pertaining to a certificate of tax sale, all expenditures incurred in the remediation shall be a debt of the immediate past owner or operator of the industrial establishment. The debt shall constitute a lien on all property owned by the immediate past owner or operator when a notice of lien, incorporating a description of the property subject to the remediation and an identification of the amount of remediation and related costs expended by the municipality is duly filed with the clerk of the Superior Court. The clerk shall promptly enter upon the civil judgment or order docket the name and address of the immediate past owner or operator and the amount of the lien as set forth in the notice of lien. Upon entry by the clerk, the lien shall attach to the revenues and all real and personal property of the immediate past owner or operator, whether or not he is insolvent. The notice of lien filed pursuant to this section which affects any property of an immediate past owner or operator shall have priority from the day of the filing of the notice of the lien, but shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien pursuant to this section.  L.1991,c.238,s.3; amended 1993,c.139,s.6.
NJ Rev Stat § 13:1K-9.4 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.4 - Certain provisions not applicable to governmental unit, agent

13:1K-9.4. Certain provisions not applicable to governmental unit, agent  4. The provisions of P.L.1983, c.330 (C.13:1K-6 et seq.) shall not apply to a governmental unit or agent thereof, pursuing foreclosure proceedings against the owner or operator of an industrial establishment to satisfy a delinquent tax liability of the owner or operator. However, when the governmental unit seeks to issue a tax sale certificate for the property on which is located an industrial establishment to satisfy a delinquent tax liability, or seeks to convey any parcel of such property acquired by it, the governmental unit shall notify prospective purchasers in writing that the property may be subject to the provisions of the "Environmental Cleanup Responsibility Act," P.L.1983, c.330 (C.13:1K-6 et seq.), the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.), and the "Water Pollution Control Act," P.L.1977, c.44 (C.58:10A-1 et seq.). When a governmental unit seeks to issue a tax sale certificate for the property on which is located an industrial establishment to satisfy a delinquent tax liability, or seeks to convey any parcel of such property acquired by it, the governmental unit shall not consider prospective purchasers who are, or were in any way connected to the previous owner or operator of the site.  L.1991,c.238,s.4.
NJ Rev Stat § 13:1K-9.5 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.5 - Remediation by municipality, approval

13:1K-9.5. Remediation by municipality, approval  5. If a municipality undertakes a remediation of an industrial establishment, the municipality shall undertake that remediation and shall obtain all approvals required by the Department of Environmental Protection and Energy.  L.1991,c.238,s.5; amended 1993,c.139,s.7.
NJ Rev Stat § 13:1K-9.6 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.6 - Review, approval of remediation

13:1K-9.6. Review, approval of remediation  8. Upon the submission of the complete and accurate results of a phase of the remediation pursuant to section 4 of P.L.1983, c.330 (C.13:1K-9) or of any other document required to be submitted that requires the department's review and approval in order to comply with P.L.1983, c.330, the department shall review and approve, approve with conditions, or disapprove the submission or other documents in accordance with the review schedules established pursuant to section 2 of P.L.1991, c.423 (C.13:1D-106).  L.1993,c.139,s.8.
NJ Rev Stat § 13:1K-9.7 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-9.7 - Transfer, close of operations without compliance; conditions

13:1K-9.7. Transfer, close of operations without compliance; conditions  9. The owner or operator of an industrial establishment may, upon submission of a written notice to the department, transfer ownership or operations or close operations without complying with the provisions of section 4 of P.L.1983, c.330 (C.13:1K-9) if the total quantity of hazardous substances and hazardous wastes generated, manufactured, refined, transported, treated, stored, handled, or disposed of at the industrial establishment at any one time during the owner's or operator's period of ownership or operations:  (a) does not exceed 500 pounds or 55 gallons; (b) if a hazardous substance or hazardous waste is mixed with nonhazardous substances, the total quantity in the mixture does not exceed 500 pounds or 55 gallons; or  (c) if, in the aggregate, hydraulic or lubricating oil, does not exceed 220 gallons.  L.1993,c.139,s.9.
NJ Rev Stat § 13:1K-10 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-10 - Rules, regulations; department access

13:1K-10. Rules, regulations; department access  5. a. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing: (1) criteria and minimum standards necessary for the submission, evaluation and approval of plans or results of preliminary assessments, site investigations, remedial investigations, and remedial action workplans and for the implementation thereof. The documents for the preliminary assessment, site investigation, remedial investigation, and remedial action workplan required to be submitted for a remediation shall not be identical to the criteria and standards used for similar documents submitted pursuant to federal law, except as may be required by federal law. In establishing criteria and minimum standards for these terms, the department shall strive to avoid duplicate or unnecessarily costly or time consuming conditions or standards; (2) a fee schedule, as necessary, reflecting the actual costs associated with the review of plans for or results of negative declarations, preliminary assessments, site investigations, remedial investigations, and remedial actions, and review of the implementation thereof and for any other review or approval required by the department; (3) standards and procedures for remediation agreements authorized pursuant to subsection e. of section 4 of P.L.1983, c.330 (C.13:1K-9); and (4) any other provisions or procedures necessary to implement this act.  b. The owner or operator shall allow the department reasonable access to the industrial establishment and to offsite areas under the owner's or operator's control to inspect the premises, review records, and to take soil, groundwater, or other samples or measurements as deemed necessary by the department to verify the results of any submission made to the department and to verify the owner's or operator's compliance with the requirements of this act.  L.1983,c.330,s.5; amended 1993,c.139,s.10.
NJ Rev Stat § 13:1K-11.1 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-11.1 - Obligations of trust, estate to remove discharge

13:1K-11.1. Obligations of trust, estate to remove discharge  7. In the event of the closing, termination or transfer of an industrial establishment, which industrial establishment is all or part of a trust, receivership estate, guardianship estate or estate of a deceased person, only the assets of the trust or estate, or assets of any discharger other than the fiduciary of such trust or estate shall be subject to the obligation to remove the discharge as set forth in P.L.1983, c.330 (C.13:1K-6 et al.).  L.1993,c.112,s.7; amended 1993,c.139,s.46.
NJ Rev Stat § 13:1K-11.4 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-11.4 - Application for area of concern waiver

13:1K-11.4. Application for area of concern waiver  15. a. The owner or operator of an industrial establishment who is required to perform a remediation at an industrial establishment pursuant to subsection b. of section 4 of P.L.1983, c.330 (C.13:1K-9) may apply to the department for an area of concern waiver. Approval of the area of concern waiver shall relieve the owner or operator of the requirement to perform a remediation pursuant to subsection b. of section 4 of P.L.1983, c.330 (C.13:1K-9) for any area of concern at that industrial establishment for which a remediation has previously been conducted and approved by the department. An application pursuant to this subsection shall include:  (1) a certification that the department or the United States Environmental Protection Agency, pursuant to the "Resource Conservation and Recovery Act," 42 U.S.C. s.6901 et seq. or the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. s.9601 et seq., or any other law, has previously approved a remediation at an area of concern and has issued a no further action letter or an equivalent approval of a remediation for that area of concern;  (2) a copy of the most recent no further action letter or equivalent approval for that area of concern, approved by the department; and  (3) a certification that the owner or operator has performed remediation activities at that area of concern that are consistent with current regulations established by the department, and based on those remediation activities, that subsequent to the issuance of the no further action letter or equivalent approval described in paragraph (1) of this subsection, there has been no discharge of a hazardous substance or hazardous waste at that area of concern.  b. Upon submission of a complete and accurate application and after an inspection, if necessary, the department shall approve the application for an area of concern waiver upon a finding that the information in the certifications submitted pursuant to subsection a. of this section is accurate. Upon a disapproval of the application by the department pursuant to this section, the owner or operator shall perform a remediation of the subject area of concern as may be required pursuant to subsection b. of section 4 of P.L.1983, c.330.  L.1993,c.139,s.15.
NJ Rev Stat § 13:1K-11.5 (2021)
2021 New Jersey Revised Statutes|Title 13 - Conservation and Development--Parks and Reservations|Section 13:1K-11.5 - Application for closing, transfer when remediation is already in progress

13:1K-11.5. Application for closing, transfer when remediation is already in progress  16. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at an industrial establishment without obtaining departmental approval of a remedial action workplan or a negative declaration or without the approval of a remediation agreement as provided in subsection e. of section 4 of P.L.1983, c.330 (C.13:1K-9), if the industrial establishment is already in the process of a remediation pursuant to subsection b. of section 4 of P.L.1983, c.330 (C.13:1K-9) or a remediation equivalent to that performed pursuant to the provisions of P.L.1983, c.330, including a cleanup being performed under the "Resource Conservation and Recovery Act," 42 U.S.C. s.6901 et seq. or the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. s.9601 et seq.. The application shall include:  (1) the notice required pursuant to the provisions of subsection a. of section 4 of P.L.1983, c.330;  (2) a certification that there has been no discharge of any hazardous substance or hazardous waste at the industrial establishment during the applicant's period of operation or ownership or that the remediation of any discharge of a hazardous substance or hazardous waste that occurred during the applicant's period of ownership or operation was approved by the department;  (3) a certification by the owner or operator that a remediation funding source for the cost of the remediation or the implementation of the remedial action workplan at the industrial establishment has been established as required pursuant to section 25 of P.L.1993, c.139 (C.58:10B-3); and  (4) a certification, as applicable, that any transferee of the industrial establishment has been notified that the industrial establishment is the subject of a remediation.  b. Upon the submission of a complete application, and upon a finding that the information submitted is accurate, the department shall authorize, in writing, that the applicant may close operations or transfer ownership or operations of the industrial establishment.  L.1993,c.139,s.16.