reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:10-23.11k1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11k1 - Claim for cost recovery filed by local unit

58:10-23.11k1. Claim for cost recovery filed by local unit  If a local unit files a claim pursuant to section 12 of P.L.1976, c.141 (C. 58:10-23.11k) seeking to recover cleanup, removal and related costs incurred as a result of an emergency response action, including costs related to the prevention, containment, or mitigation of a discharge, the administrator shall approve or deny the claim for reimbursable costs incurred pursuant to an emergency response action, without regard to the requirements of sections 13, 14, or 15 of P.L.1976, c.141, within 120 days of the filing of a completed claim, including all supportive information or documentation required by the administrator; provided, however, that the local unit shall obtain the approval of the department prior to initiating cleanup or removal, including prevention, containment or mitigation, activities. If the administrator fails to approve, in whole or in part, or deny the claim within the 120-day period, all costs in the claim shall be deemed approved. If the administrator denies the claim or approves only part of the costs claimed, the local unit shall not be precluded from seeking recovery of the costs denied by the administrator under any other provision of statutory law or in accordance with any remedies available under the common law.  L.1991,c.85,s.1.
NJ Rev Stat § 58:10-23.11l (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11l - Settlement between claimant and alleged discharger

58:10-23.11l. Settlement between claimant and alleged discharger  The administrator shall attempt to promote and arrange a settlement between the claimant and the person responsible for the discharge. If the source of the discharge can be determined and liability is conceded, the claimant and the alleged discharger may agree to a settlement which shall be final and binding upon the parties and which will waive all recourse against the fund. L.1976, c. 141, s. 13.
NJ Rev Stat § 58:10-23.11m (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11m - Settlement of claim against fund

58:10-23.11m. Settlement of claim against fund  If the source of the discharge is unknown or cannot be determined, the claimant and the administrator shall attempt to arrange a settlement of any claim against the fund. The administrator is authorized to enter and certify payment of such settlement subject to such proof and procedures contained in regulations promulgated by the administrator. L.1976, c. 141, s. 14.
NJ Rev Stat § 58:10-23.11q (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11q - Payment of cleanup costs or damages arising from single incident

58:10-23.11q. Payment of cleanup costs or damages arising from single incident  Payment of any cleanup costs or damages by the fund arising from a single incident shall be conditioned upon the administrator acquiring by subrogation all rights of the claimant to recovery of such costs or damages from the discharger or other responsible party. The administrator shall then seek satisfaction from the discharger or other responsible party in the Superior Court if the discharger or other responsible party does not reimburse the fund. In any such suit, except as provided by subsection d. of section 8 of P.L.1976, c.141 (C.58:10-23.11g.), the administrator need prove only that an unlawful discharge occurred which was the responsibility of the discharger or other responsible party or that a hazardous substance was removed pursuant to subsection b. of section 7 of P.L.1976, c.141 (C.58:10-23.11f) for which the person was in any way responsible. The administrator is hereby authorized and empowered to compromise and settle the amount sought for costs and damages from the discharger or other responsible party and any penalty arising under this act.  L.1976,c.141,s.18; amended 1991,c.85,s.6.
NJ Rev Stat § 58:10-23.11r (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11r - Awards in excess of current balance of fund; payment on pro rata basis; priorities

58:10-23.11r. Awards in excess of current balance of fund; payment on pro rata basis; priorities  In the event that the total awards for a specific occurrence exceed the current balance of the fund, the immediate award shall be paid on a prorated basis, and all claimants paid on a prorated basis shall be paid, as determined by the administrator, a pro rata share of all funds received by the fund until the total amount of the proven damages is paid to the claimant or claimants. The administrator may also provide through regulation to fix the priority for the payment of claims based on extreme hardship. L.1976, c. 141, s. 19.
NJ Rev Stat § 58:10-23.11s (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11s - Actions against bond, insurer or other person providing evidence of financial responsibility

58:10-23.11s. Actions against bond, insurer or other person providing evidence of financial responsibility  Any claims for costs of cleanup, civil penalties or damages by the State, and any claim for damages by any injured person, may be brought directly against the bond, the insurer, or any other person providing evidence of financial responsibility. L.1976, c. 141, s. 20.
NJ Rev Stat § 58:10-23.11t (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11t - Rules and regulations

58:10-23.11t. Rules and regulations  The commissioner, the State Treasurer and the director, respectively, are authorized to adopt, amend, repeal, and enforce such rules and regulations pursuant to the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) as they may deem necessary to accomplish their respective purposes and responsibilities under this act. L.1976, c. 141, s. 21.
NJ Rev Stat § 58:10-23.11u1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11u1 - Additional civil penalties

58:10-23.11u1. Additional civil penalties  In addition to the penalties, charges, or other liabilities imposed pursuant to the provisions of P.L.1976, c.141 (C.58:10-23.11 et seq.), any person whose intentional or unintentional act or omission proximately results in an unauthorized releasing, spilling, pumping, pouring, emitting, emptying, or dumping of 100,000 gallons or more of a hazardous substance, or combination of hazardous substances, into the waters or onto the lands of the State, or entering the lands or waters of the State from a discharge occurring outside the jurisdiction of the State, is liable to a civil administrative penalty or civil penalty of not more than $10,000,000, to be collected in accordance with the procedures set forth in section 22 of P.L.1976, c.141 (C.58:10-23.11u). The penalty provisions of this section are in addition to assessments authorized by law for costs incurred by the State or local governmental agencies in the cleanup and removal of an unauthorized release or discharge, including supervision or oversight of the violator's cleanup activities, or compensation or damages recoverable for the loss of wildlife or destruction of the environment, and the restoration thereof. In assessing a penalty pursuant to this section, the department shall take into account the circumstances of the discharge, the conduct and culpability of the discharger, or both, prior to, during, and after the discharge, and the extent of the harm resulting from the discharge to persons, property, wildlife, or natural resources.  The provisions of this section shall not apply to any discharge which is contained in a containment area or areas approved by, or otherwise meeting the requirements of, the department, or which containment area is designed to, and reasonably capable of preventing the hazardous substance from entering the waters of the State or otherwise entering the lands of the State, except where 100,000 or more gallons of one or more hazardous substances escape beyond the containment area.  L.1990,c.75,s.2.
NJ Rev Stat § 58:10-23.11v (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11v - Inapplicability of act to pursuit of other remedy; double compensation for same damages or costs; prohibition

58:10-23.11v. Inapplicability of act to pursuit of other remedy; double compensation for same damages or costs; prohibition  Nothing in this act shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies provided in this act are in addition to those provided by existing statutory or common law, but no person who receives compensation for damages or cleanup costs pursuant to any other State or Federal law shall be permitted to receive compensation for the same damages or cleanup costs under this act. L.1976, c. 141, s. 23.
NJ Rev Stat § 58:10-23.11w (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11w - Severability

58:10-23.11w. Severability  If any section, subsection, provision, clause or portion of this act is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this act shall not be affected thereby. L.1976, c. 141, s. 24.
NJ Rev Stat § 58:10-23.11x (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11x - Liberal construction

58:10-23.11x. Liberal construction  This act, being necessary for the general health, safety, and welfare of the people of this State, shall be liberally construed to effect its purposes. L.1976, c. 141, s. 25.
NJ Rev Stat § 58:10-23.11y (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11y - Annual report

58:10-23.11y. Annual report  The commissioner shall make an annual report to the Legislature and Governor, which shall describe the quality and quantity of spills of hazardous substances, the costs and damages paid by and recovered for the fund, and the economic and environmental impacts on the State as a result of the administration of this act.  L. 1976, c. 141, s. 26. Amended by L. 1985, c. 115, s. 7.
NJ Rev Stat § 58:10-23.11y1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11y1 - Annual report

58:10-23.11y1. Annual report  The department shall annually submit a written report to the Senate Energy and Environment Committee and to the Assembly Environmental Quality Committee, or their successors, which shall include the information required pursuant to section 26 of P.L. 1976, c. 141 (C. 58:10-23.11y) as well as the list transmitted to the Director of the Division of Taxation in the Department of the Treasury pursuant to section 3 of this amendatory and supplementary act and the list compiled by the department pursuant to section 4 of this amendatory and supplementary act.  L. 1986, c. 143, s. 5, eff. Nov. 12, 1986, operative Nov. 12, 1986.
NJ Rev Stat § 58:10-23.11z (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11z - Recommendations for amendments to this act to conform with federal legislation

58:10-23.11z. Recommendations for amendments to this act to conform with federal legislation  If the United States Congress enacts legislation providing compensation for the discharge of petroleum and hazardous products, the commissioner shall determine to what degree that legislation provides the needed protection for our citizens, businesses and environment and shall make the appropriate recommendations to the Legislature for amendments to this act. L.1976, c. 141, s. 27.
NJ Rev Stat § 58:10-23.12 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.12 - Legislative findings and declarations

58:10-23.12. Legislative findings and declarations  The Legislature finds and declares that the incidence of hazardous waste discharges into the environment is increasing at an alarming rate; that public concern over the potential adverse health effects of exposure to such waste is growing; that estimation of risk to a community of exposure to toxic chemicals and the determination of any health consequences that may result from the exposure require sophisticated and costly biomedical and epidemiological investigation; that there is currently no Federal, State, or local program that provides the medical or financial assistance required to protect potential victims; and that a State program to conduct diagnostic examination of victims of exposure, evaluate the potential adverse health effects on affected communities of the exposure, and plan to reduce the risk of environmental contamination in areas with high potential for hazardous discharges is therefore necessary and appropriate. L.1981, c. 456, s. 1, eff. Jan. 11, 1982.
NJ Rev Stat § 58:10-23.13 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.13 - Hazardous waste health care task force; establishment; duties

58:10-23.13. Hazardous waste health care task force; establishment; duties  There is established within the Division of Epidemiology and Disease Control in the Department of Health a Hazardous Waste Health Care Task Force. It shall be the duty of this task force to develop and implement a program to classify and evaluate the threats to health posed by exposure to hazardous discharges, to determine those at greatest risk, to conduct such initial diagnostic testing as may be necessary or appropriate to identify potential victims of any hazardous discharge, and to plan to reduce the dangers to communities at high risk. L.1981, c. 456, s. 2, eff. Jan. 11, 1982.
NJ Rev Stat § 58:10-23.14 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.14 - Rules and regulations

58:10-23.14. Rules and regulations  The Commissioner of Health shall, within 45 days of the effective date of this supplementary act and in accordance with the provisions of the "Administrative Procedure Act" (P.L.1968, c. 410; C. 52:14B-1 et seq.) adopt rules and regulations necessary to carry out the purposes of this supplementary act. L.1981, c. 456, s. 3, eff. Jan. 11, 1982.
NJ Rev Stat § 58:10-23.15 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.15 - Definitions

58:10-23.15. Definitions  As used in this act: a. "Department" means the Department of Environmental Protection. b. "Hazardous discharge" means a discharge of hazardous substances as defined in section 3 of P.L.1976, c. 141 (C. 58:10-23.11b) or a hazardous discharge as defined in P.L.1981, c. 275. L.1982, c. 202, s. 1, eff. Dec. 16, 1982.
NJ Rev Stat § 58:10-23.16 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.16 - Database listing known hazardous discharge sites, cases, areas of concern; ranking system.

58:10-23.16 Database listing known hazardous discharge sites, cases, areas of concern; ranking system.  2. The department shall prepare and maintain a database that lists all known hazardous discharge sites, cases, and areas of concern. The database shall comprise an inventory of all the known hazardous discharge sites, cases, and areas of concern in the State. No later than one year after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.) the department shall establish a ranking system that establishes categories in which to rank sites based upon the level of risk to the public health, safety, or the environment, the length of time the site has been undergoing remediation, the economic impact of the contaminated site on the municipality and on surrounding property, and any other factors deemed relevant by the department. The database shall include information concerning each site that identifies the location of the known or suspected contaminated site, the status of the remediation, the contaminants of concern, and whether institutional or engineering controls are in use at the site. The department shall provide public access to reports from the database on its internet website. L.1982, c.202, s.2; amended 2009, c.60, s.39.
NJ Rev Stat § 58:10-23.17 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.17 - Procedure for preparation and adoption

58:10-23.17. Procedure for preparation and adoption  The department shall prepare and adopt a master list as follows, the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) or any other law to the contrary notwithstanding: a. Within 6 months of the effective date of this act, the department shall prepare a proposed master list and make it available to the governing body of each municipality in which there is located a hazardous discharge site, and to all other interested persons. b. Within 8 months of the effective date of this act, the department shall conduct public hearings in the several geographic areas of the State on the proposed master list. Notice of these hearings shall be published at least 30 days in advance of the hearing in at least two newspapers circulating in the specific geographic area where the hearing will be held. c. Within 1 year of the effective date of this act, the department shall consider all the testimony presented at the public hearings, make such revisions to the proposed master list as it deems necessary or appropriate, and adopt the master list. L.1982, c. 202, s. 3, eff. Dec. 16, 1982.
NJ Rev Stat § 58:10-23.18 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.18 - Removal and cleanup of hazardous discharge site by municipality; reimbursement of costs

58:10-23.18. Removal and cleanup of hazardous discharge site by municipality; reimbursement of costs  Any governing body of a municipality, which, after receiving approval from the department, removes and cleans up, or causes to be removed and cleaned up, a hazardous discharge site included on the master list prepared and adopted by the department pursuant to this act, shall be reimbursed from appropriate funding sources for the costs of that cleanup and removal, as established pursuant to the provisions of section 5 of this act. The reimbursement shall be made when funds are made available and, pursuant to the ranking of the hazardous discharge sites on the master list, the department would have acted to clean up and remove the hazardous discharge. L.1982, c. 202, s. 4, eff. Dec. 16, 1982.
NJ Rev Stat § 58:10-23.19 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.19 - Plan for cleanup and removal by municipality; submission to and disposition by department

58:10-23.19. Plan for cleanup and removal by municipality; submission to and disposition by department  a. The governing body of any municipality which intends to remove or clean up a hazardous discharge site included on the master list shall submit to the department a plan for the cleanup and removal, which shall include a written estimate of the cost of the cleanup or removal. b. The department shall, within 30 days of the receipt of the plan, approve, modify or disapprove the plan. L.1982, c. 202, s. 5, eff. Dec. 16, 1982.
NJ Rev Stat § 58:10-23.20 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.20 - Legislative findings and declarations

58:10-23.20. Legislative findings and declarations  The Legislature finds and declares that: a. The recognition of the threat of serious, and in some cases irreversible, environmental pollution by toxic chemicals stored, legally or otherwise, at various sites around the State has prompted the recent need for a systematic and consistent approach to the detoxification of those sites; b. Pioneering efforts in responding to those environmental threats have been undertaken by agencies of this State thereby adding to the store of knowledge and experience necessary for prompt and efficient hazardous discharge response; c. Serious allegations have been made that efforts to detoxify sites of hazardous discharge have been fraught with ineffective administration, resulting in less than the most cost effective approach to the cleanup of those sites, and the waste of funds made precious by scarcity and the large number of sites needing remedial action; d. To assure the adequate and most cost effective response to chemical contamination, it is altogether fitting and proper to utilize the expertise of industry, academia and environmentally concerned citizens to study prior cleanup efforts, identify programmatic inefficiencies and ineffectiveness, and to recommend a contingency response plan which shall serve as the basis for a Statewide master plan for the cleanup of chemical contamination. L.1983, c. 222, s. 1, eff. June 27, 1983.
NJ Rev Stat § 58:10-23.21 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.21 - Definitions

58:10-23.21. Definitions  As used in this act: a. "Department" means the Department of Environmental Protection; b. "Hazardous discharge" means a discharge of hazardous substances as defined in subsection h. of section 3 of P.L.1976, c. 141 (C. 58:10-23.11b); c. "Sites of chemical contamination" means abandoned or retired sites of hazardous substance disposal posing present or imminent threats to public health, property or the natural environment, the owners of which are not identifiable or are judgment proof. L.1983, c. 222, s. 2, eff. June 27, 1983.
NJ Rev Stat § 58:10-23.24 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.24 - Hazardous substance contingency response master plan.

58:10-23.24 Hazardous substance contingency response master plan.  5. The department shall adopt, within 10 months of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a Hazardous Substance Contingency Master Plan. L.1983, c.222, s.5; amended 2007, c.39, s.27.
NJ Rev Stat § 58:10-23.25 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.25 - Short title

58:10-23.25. Short title  This act shall be known and may be cited as the "Clean Ocean Act." L.1971, c. 177, s. 1, eff. June 1, 1971.
NJ Rev Stat § 58:10-23.26 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.26 - Legislative findings

58:10-23.26. Legislative findings  The Legislature finds and determines that the ocean off the coast of the State is being used increasingly for the disposal of wastes, including sewage sludge, industrial wastes and dredged spoils; that ocean-dumped wastes contain materials which may have adverse effects on the public health, safety, and welfare; that many of these materials are toxic to human and marine life, and are damaging to the fish population and the food chain supporting all life including man, as well as to other valuable natural and economic resources; and that therefore the State must regulate and control this practice and encourage the development and utilization of advanced methods of waste disposal which do not utilize the ocean as the repository for harmful materials. L.1971, c. 177, s. 2, eff. June 1, 1971.
NJ Rev Stat § 58:10-23.27 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.27 - Definitions

58:10-23.27. Definitions  For the purposes of this act unless the context clearly indicates another meaning: a. "Commissioner" means the Commissioner of Environmental Protection; b. "Department" means the Department of Environmental Protection; c. "Vessel" means every description of watercraft or any other artificial contrivance used, or capable of being used, as a means of transportation on or into water; d. "Person" means and shall include corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, and shall also include all political subdivisions of this State, and any other state, or any agencies or instrumentalities thereof. L.1971, c. 177, s. 3, eff. June 1, 1971.