reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:10-23.28 - Loading of vessels with materials disposable at sea; rules and regulations

58:10-23.28. Loading of vessels with materials disposable at sea; rules and regulations
The commissioner shall have the power to formulate and promulgate, amend and repeal rules and regulations preventing, conditioning and controlling the loading of a vessel within the State with materials of any composition whatsoever and the handling of such materials which if disposed of at sea cause, or may tend to cause, adverse effects on the waters of the State.
L.1971, c. 177, s. 4, eff. June 1, 1971.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:10-23.29 - Loading of vessels or handling of materials for disposition at sea; permit; fees for services

58:10-23.29. Loading of vessels or handling of materials for disposition at sea; permit; fees for services
a. The commissioner may by rule or regulation require that the person responsible for the loading of a vessel or the handling of materials of any composition whatsoever which are to be disposed of at sea first obtain a permit.
The department may, in accordance with a fee schedule adopted as a rule or regulation, establish and charge fees for any of the services it performs in connection with this act, including the issuance of permits, which fees shall be annual or periodical as the department shall deem. The fees charged by the department pursuant to this section shall not be less than $100.00 nor more than $1,500.00 based on criteria contained in the fee schedule.
b. The permit required by this section may be conditioned upon compliance with all rules and regulations adopted pursuant to this act.
L.1971, c. 177, s. 5, eff. June 1, 1971.