reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:10-23.11f19 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f19 - Performance surety bond

58:10-23.11f19. Performance surety bond  17. a. When hazardous substance remediation is to be undertaken under contract with the department, and a surety bond is required pursuant to N.J.S.2A:44-143, the officer or agent contracting on behalf of the department shall require a performance surety bond with good and sufficient sureties, with an additional obligation for the payment by the contractor, and by all subcontractors and suppliers having a direct, contractual relationship with the response action contractor, or with the owner of the site, as the case may be, for all labor performed or materials, provisions, provender, or other supplies, fuels, oils, implements, or machinery used or consumed in such remediation work. When such contract is to be performed for a sum not exceeding $20,000, the department may at its discretion waive the bond requirement of this section.  b. A surety's obligation shall not extend to any claim for damages based upon alleged negligence that resulted in personal injury, wrongful death, or damage to real or personal property, and no bond shall in any way be construed as a liability insurance policy. The surety shall in no event be liable on bonds to indemnify or compensate the obligee for loss or liability arising from personal injury or property damage whether or not caused by a breach of the bonded contract. Nothing herein shall relieve the surety's obligation to guarantee the contractor's performance of all conditions of the contract. Only the obligee named on the bond, and any person performing labor for a contractor or subcontractor covered by the surety bond, or any person providing materials for remediation work for which the bond is required pursuant to this section, shall have any claim against the surety under the bond. Unless otherwise provided for by the division in the bond, in the event of a default, the surety's liability on a performance bond shall be only for the cost of completion of the contract work in accordance with the plans and specifications, less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond.  L.1991,c.373,s.17.
NJ Rev Stat § 58:10-23.11f20 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f20 - Rules, regulations

58:10-23.11f20. Rules, regulations  19. Within 120 days of the effective date of this act, the State Treasurer and the Attorney General as necessary shall, pursuant to "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), respectively adopt rules and regulations to implement the provisions of this act.  L.1991,c.373,s.19; per s.22, section expired January 10, 1995.
NJ Rev Stat § 58:10-23.11f21 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11f21 - Act not applicable to certain contracts or agreements

58:10-23.11f21. Act not applicable to certain contracts or agreements  20. The provisions of this amendatory and supplementary act shall not affect any contract or agreement for legal defense and indemnification entered into by the Department of Environmental Protection with a contractor pursuant to P.L.1986, c.59 prior to the effective date of P.L.1991, c.373 (C.58:10-23.11f8 et al.).  L.1991,c.373,s.20.
NJ Rev Stat § 58:10-23.11g1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g1 - Hazardous discharge cleanup liability

58:10-23.11g1. Hazardous discharge cleanup liability  1. The provisions of P.L. 1976, c. 141 (C. 58:10-23.11 et seq.), or any other law, rule or regulation to the contrary notwithstanding, the liability of any person performing hazardous discharge mitigation or cleanup services in accordance with procedures established pursuant to State or federal law and a surety who issues a bid, performance or payment bond for such person for such services for any injury to a person or property caused by or related to these services shall be limited to acts or omissions of the person or surety during the course of performing these services which can be shown, based on a preponderance of the evidence, to have been negligent. For the purposes of this act, the demonstration that acts or omissions of a person or surety performing mitigation or cleanup services were in accordance with generally accepted practice and state-of-the-art scientific knowledge, and utilized the best technology reasonably available to the person at the time the mitigation or cleanup services were performed shall create a rebuttable presumption that the acts or omissions were not negligent.  L.1985,c.461,s.1; amended 1991,c.373,s.16.
NJ Rev Stat § 58:10-23.11g2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g2 - Owners, operators of vessels shall assure financial resources for cleanup costs, enforcement

58:10-23.11g2. Owners, operators of vessels shall assure financial resources for cleanup costs, enforcement  The owners and operators of vessels shall establish and maintain evidence of financial responsibility for the purpose of assuring adequate financial resources to pay for the cost of cleanup and removal of a discharged hazardous substance as a result of the transportation of a hazardous substance by vessel or a transfer of that hazardous substance between a refinery, storage, transfer, or pipeline facility and a vessel or between two vessels. Evidence of financial responsibility shall be established by a method set forth under s.108 of the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (42 U.S.C. s.9607) or s.1016 of the "Oil Pollution Act of 1990", any regulation adopted pursuant thereto, or any other federal law requiring evidence of financial responsibility to operate a vessel in the waters of the United States.  The evidence of financial responsibility required by this section shall be the only evidence required by the State that a vessel has the ability to meet the liabilities incurred for a violation of P.L.1976, c.141, but nothing in this section shall be construed to limit the liability of any person for a discharge of a hazardous substance for which the person is liable pursuant to P.L.1976, c.141 or under any other law or under common law. The State Police shall have the power to inspect any vessel and to require the display of evidence of financial responsibility in order to ensure compliance with this section. The State Police may deny entry to any vessel to any place in the State, or to the navigable waters under the jurisdiction of the State, or detain at the place, any vessel that, upon request, does not produce the evidence of financial responsibility required for that vessel pursuant to this section. Any vessel subject to the requirements of this section which is found in the navigable waters of the State without the necessary evidence of financial responsibility for the vessel shall be subject to seizure by and forfeiture to the State.  L.1991,c.58,s.2.
NJ Rev Stat § 58:10-23.11g3 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g3 - No liability for cleanup and removal costs for actions taken with respect to discharge of petroleum

58:10-23.11g3. No liability for cleanup and removal costs for actions taken with respect to discharge of petroleum  1. a. Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g) or any other law, including common law, to the contrary, a person is not liable for any cleanup and removal costs or damages of any kind, direct or indirect no matter by whom sustained, which result from actions taken or not taken in the course of rendering care, assistance, or advice with respect to the discharge or threatened discharge of petroleum into the State's surface waters where the care, assistance, or advice is consistent with or pursuant to any of the following:  (1) the federal National Contingency Plan prepared pursuant to 33 U.S.C. s.1321;  (2) a State contingency plan; (3) a State or federal vessel-specific contingency plan; (4) the direction of a federal on-scene coordinator or an appropriate State official; or  (5) the emergency request of a person who is attempting to prevent the threatened discharge of petroleum from a vessel or who is otherwise liable for cleanup and removal costs of the initial discharge from the vessel pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g), provided that a person rendering care, assistance, or advice shall provide notification of the threatened discharge or emergency, to the extent actually known to such person, to the United States Coast Guard or an appropriate federal or State official, as soon as practicable (although not of necessity before rendering care, assistance or advice) in the event such person is attempting to unload petroleum from a vessel to prevent or mitigate a discharge, or to tow, push, maneuver or otherwise physically move a vessel transporting petroleum to end the emergency.  b. The defense from liability granted pursuant to subsection a. of this section shall not apply (1) to a person otherwise liable for cleanup and removal costs of the initial discharge pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g), (2) with respect to personal injury or wrongful death, or (3) if the person is grossly negligent or engages in willful misconduct.  c. A person liable for the initial discharge or threat of discharge pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g) is liable for any cleanup and removal costs and damages that another person is relieved of under this section.  d. Nothing in this section shall limit other defenses or immunities to liability that may exist in P.L.1976, c.141.  e. For the purposes of this section "petroleum" does not include dredged spoil.  L.1991,c.260,s.1; amended 1993,c.382.
NJ Rev Stat § 58:10-23.11g5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g5 - Liability for cleanup costs, damages

58:10-23.11g5. Liability for cleanup costs, damages  2. A person who maintains indicia of ownership of a vessel, facility, or underground storage tank facility primarily to protect a security interest in a vessel, facility, or underground storage tank facility and who does not participate in the management of the vessel or facility or underground storage tank facility is not deemed to be an owner or operator of the vessel, facility, or underground storage tank facility, shall not be deemed the discharger or responsible party for a discharge from the vessel, facility, or underground storage tank facility and shall not be liable for cleanup costs or damages resulting from discharges from the vessel or facility pursuant to sections 8, 18, and 22 of P.L.1976, c.141 (C.58:10-23.11g, 58:10-23.11q and 58:10-23.11u), section 2 of P.L.1990, c.75 (C.58:10-23.11u1), or section 8 of P.L.1986, c.102 (C.58:10A-28) except to the extent that liability may still apply to holders after foreclosure as set forth in section 3 of P.L. 1993, c.112 (C.58:10-23.11g6). L.1993,c.112,s.2; amended 1997, c.278, s.30.
NJ Rev Stat § 58:10-23.11g8 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g8 - Environmental inspection not required

58:10-23.11g8. Environmental inspection not required  5. Nothing in sections 2 through 4 of this act shall be construed to require a holder of a security interest to conduct or require an environmental inspection and the liability of the holder of the security interest pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.) shall not be based on or affected by a failure to conduct an environmental inspection.  L.1993,c.112,s.5.
NJ Rev Stat § 58:10-23.11g8a (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g8a - Compliance not required; loss of exemption

58:10-23.11g8a. Compliance not required; loss of exemption  33. A holder of an interest in an underground storage tank shall not be required to comply with the provisions of P.L.1986, c.102 (C.58:10A-21 et seq.) unless the holder loses the exemption under P.L.1993, c.112 (C.58:10-23.11g4 et seq.). L.1997,c.278,s.33.
NJ Rev Stat § 58:10-23.11g9 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g9 - Obligations of trusts, estates

58:10-23.11g9. Obligations of trusts, estates  6. In the event of the discharge of a hazardous substance from a vessel, facility, or underground storage tank facility, which vessel, facility , or underground storage tank facility 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 pay for the cleanup of the discharge as set forth in the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.) or subject to any obligations imposed pursuant to P.L.1986, c.102 (C.58:10A-21 et seq.). L.1993,c.112,s.6; amended 1997, c.278, s.45.
NJ Rev Stat § 58:10-23.11g10 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g10 - Discharges on certain public property; definitions

58:10-23.11g10. Discharges on certain public property; definitions  1. a. As used in this section: "Governmental unit" means the State, a municipality, county, or other political subdivision of the State, or any agency thereof authorized to administer, protect and maintain lands or structures for recreation or conservation purposes; "Recreation or conservation purposes" means the use of lands for parks, natural areas, ecological and biological study, historic areas, historic buildings or structures, forests, trails, camping, fishing, water reserves, wildlife preserves, hunting, boating, winter sports and similar uses for either public outdoor recreation or conservation of natural resources, or both. b. A governmental unit that holds an easement interest in any real property for recreation or conservation purposes on which there has been a discharge of a hazardous substance, shall not be liable pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.), any other law, or common law, for cleanup and removal costs, or for any direct or indirect damages, due to the discharge of a hazardous substance on the property. The provisions of this section shall not apply to a governmental unit if that entity has caused or contributed to the discharge of a hazardous substance on the property. L.1995,c.270,s.1.
NJ Rev Stat § 58:10-23.11g11 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11g11 - Immunity from liability for certain discharges

58:10-23.11g11. Immunity from liability for certain discharges  6. Any person who has a defense to liability pursuant to paragraphs (2) and (5) of subsection d. of section 8 of P.L.1976, c.141 (C.58:10-23.11g) shall not be liable for the payment of compensation for damage to, or loss of, natural resources due to the discharge of a hazardous substance. L.2001,c.154,s.6.
NJ Rev Stat § 58:10-23.11h1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11h1 - List of major facilities

58:10-23.11h1. List of major facilities  a. The Department of Environmental Protection shall compile a list of facilities which, based on all information made available to or collected by the department pursuant to any State or federal law, may have sufficient storage capacity to be classified as a major facility.  b. The department shall transmit this list to the Director of the Division of Taxation in the Department of the Treasury on January 1 of the year next following the enactment of this act and annually thereafter, provided that the department may update the list more frequently as it deems appropriate.  c. The director shall utilize the list compiled by the department to notify the owners or operators of the facilities thereon that they may be liable for the tax levied pursuant to section 9 of P.L. 1976, c. 141 (C. 58:10-23.11h).  d. The owner or operator of a facility so notified by the director shall pay the tax or provide an explanation as to why the facility should not be classified as a major facility.  L. 1986, c. 143, s. 3, eff. Nov. 12, 1986, operative Nov. 12, 1986.
NJ Rev Stat § 58:10-23.11h2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11h2 - List of facilities for nonpetroleum products

58:10-23.11h2. List of facilities for nonpetroleum products  The department shall compile a list of facilities which, based on all information made available to or collected by the department pursuant to any State or federal law, would be classified as a major facility if storage capacity therefor were set at 5,000 gallons of hazardous substances which are not petroleum or petroleum products.  L. 1986, c. 143, s. 4, eff. Nov. 12, 1986, operative Nov. 12, 1986.
NJ Rev Stat § 58:10-23.11i (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11i - Spill Compensation Fund

58:10-23.11i. Spill Compensation Fund  The New Jersey Spill Compensation Fund is hereby established as a nonlapsing, revolving fund in the department to carry out the purposes of this act. The fund shall be credited with all taxes and penalties related to this act. Interest received on moneys in the fund shall be credited to the fund.  L. 1976, c. 141, s. 10. Amended by L. 1985, c. 115, s. 3.
NJ Rev Stat § 58:10-23.11j (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j - Administrator

58:10-23.11j. Administrator  The commissioner shall appoint and supervise an administrator of the fund. The administrator shall be the chief executive of the fund and shall have the following powers and duties:  a. To represent the State in meetings with the alleged discharger and claimants concerning liability for the discharge and the amount of the claims; b. To determine if boards of arbitration are needed to settle particular claims;  c. To administer boards of arbitration;  d. To certify the amount of claims and names of claimants to the commissioner.  L. 1976, c. 141, s. 11. Amended by L. 1985, c. 115, s. 4.
NJ Rev Stat § 58:10-23.11j1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j1 - Transfer to Environmental Protection

58:10-23.11j1. Transfer to Environmental Protection  a. Except as otherwise provided by this amendatory and supplementary act, all the functions, powers and duties of the administrator in the Department of the Treasury are continued in the administrator in the Department of Environmental Protection.  b. All files, books, papers, records, equipment and other property of the administrator in the Department of the Treasury are transferred to the administrator in the Department of Environmental Protection.  c. The rules, regulations and orders of the administrator in the Department of the Treasury shall continue with full force as the rules, regulations and orders of the administrator in the Department of Environmental Protection until amended or repealed.  L. 1985, c. 115, s. 8.
NJ Rev Stat § 58:10-23.11j2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j2 - Moneys transferred

58:10-23.11j2. Moneys transferred  After consultation between the commissioner and the State Treasurer, all relevant appropriations, grants and other moneys available to the administrator in the Department of the Treasury shall be transferred to the administrator in the Department of Environmental Protection and shall remain available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by federal or State law.  L. 1985, c. 115, s. 9.
NJ Rev Stat § 58:10-23.11j3 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j3 - Transfer of employees

58:10-23.11j3. Transfer of employees  After consultation between the commissioner and State Treasurer, the employees of the administrator, including the administrator, in the Department of the Treasury may be transferred to the Department of Environmental Protection. Nothing in this amendatory and supplementary act shall be construed to deprive these employees of any rights or protection provided them by the civil service, pension or retirement laws of this State.  L. 1985, c. 115, s. 10.
NJ Rev Stat § 58:10-23.11j4 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j4 - Substitution

58:10-23.11j4. Substitution  Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the administrator in the Department of the Treasury, the same shall be considered to mean and refer to the administrator in the Department of Environmental Protection.  L. 1985, c. 115, s. 11.
NJ Rev Stat § 58:10-23.11j5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j5 - Pending proceedings unaffected

58:10-23.11j5. Pending proceedings unaffected  This amendatory and supplementary act shall not affect actions or proceedings, civil or criminal, brought by or against the administrator in the Department of the Treasury and pending on the effective date of this amendatory and supplementary act, but these actions or proceedings may be further prosecuted or defended in the same manner and to the same effect by the administrator in the Department of Environmental Protection.  L. 1985, c. 115, s. 12.
NJ Rev Stat § 58:10-23.11j6 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j6 - "Agency Transfer Act" applicable

58:10-23.11j6. "Agency Transfer Act" applicable  The transfers directed by this amendatory and supplementary act, except as otherwise provided herein, shall be made in accordance with the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.).  L. 1985, c. 115, s. 14.
NJ Rev Stat § 58:10-23.11j7 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11j7 - Services of other State agencies

58:10-23.11j7. Services of other State agencies  In order to effectuate the purposes of this act, the Department of Environmental Protection may call to its assistance and avail itself of the services of any State department, board, commission or agency as may be required.  L. 1985, c. 115, s. 15.
NJ Rev Stat § 58:10-23.11k (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10-23.11k - Claims; limitations; forms and procedures; false information; misdemeanor; notice

58:10-23.11k. Claims; limitations; forms and procedures; false information; misdemeanor; notice  Claims shall be filed with the administrator not later than one year after the date of discovery of damage. The administrator shall prescribe appropriate forms and procedures for such claims, which shall include a provision requiring the claimant to make a sworn verification of the claim to the best of his knowledge. Any person who knowingly gives or causes to be given any false information as a part of any such claim shall, in addition to any other penalties herein or elsewhere prescribed, be guilty of a misdemeanor. Upon receipt of any claim, the administrator shall as soon as practicable inform all affected parties of the claim. L.1976, c. 141, s. 12. Amended by L.1984, c. 142, s. 3, eff. Sept. 6, 1984.