reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:10C-28 - Establishment of mandatory remediation timeframes.

58:10C-28 Establishment of mandatory remediation timeframes.
28. a. The department shall establish mandatory remediation timeframes, and expedited site specific timeframes when necessary, to protect the public health and safety and the environment, for each of the following:
(1) a receptor evaluation;
(2) control of ongoing sources of contamination;
(3) establishment of interim remedial measures;
(4) addressing immediate environmental concern conditions;
(5) the performance of each phase of the remediation including preliminary assessment, site investigation, remedial investigation and remedial action;
(6) completion of remediation; and
(7) any other activities deemed necessary by the department to effectuate timely remediation.
b. In establishing remediation timeframes pursuant to subsection a. of this section, the department shall take the following into account:
(1) the potential risk to the public health, safety, and the environment;
(2) the results of the receptor evaluation;
(3) the ongoing industrial or commercial operations at the site;
(4) whether, for operating industrial or commercial facilities, there are no releases of contamination to the groundwater or surface water from the site; and
(5) the complexity of the contaminated site.
c. The department shall grant an extension to a mandatory remediation timeframe as a result of:
(1) a delay by the department in reviewing or granting a permit, provided that there was a timely filing of a technically and administratively complete permit application;
(2) a delay in the provision of State funding for remediation, provided that there was a timely filing of a technically and administratively complete application for funding; or
(3) a delay by the department for an approval or permit required for long-term operation, maintenance and monitoring of an engineering control at the site provided the request for approval or permit application is technically and administratively complete.
d. The department may grant an extension to a mandatory remediation timeframe on a case-by case basis as a result of:
(1) a delay in obtaining access to property, provided the person responsible for conducting the remediation demonstrates that good faith efforts have been undertaken to gain access, access has not been granted by the property owner, and, after good faith efforts have been exhausted, a complaint was filed with the Superior Court to gain access, in accordance with applicable rules and regulations;
(2) other circumstances beyond the control of the person responsible for conducting the remediation, such as fire, flood, riot, or strike; or
(3) other site-specific circumstances that may warrant an extension as determined by the department.
L.2009, c.60, s.28.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:10C-29 - Adoption of interim rules, regulations.

58:10C-29 Adoption of interim rules, regulations.
29. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department shall adopt, after notice, interim rules and regulations establishing a program that provides for the responsibilities of persons responsible for conducting a remediation and licensed site remediation professionals in the remediation of contaminated sites pursuant to the provisions of P.L.2009, c.60 (C.58:10C-1 et al.), no later than 180 days after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.). The interim rules and regulations may include amendments to rules and regulations adopted pursuant to other laws, in order to make them consistent with the provisions of P.L.2009, c.60 (C.58:10C-1 et al.). The interim rules and regulations shall be effective immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the department in accordance with the provisions of the "Administrative Procedure Act."
L.2009, c.60, s.29.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.1 - Definitions of words and phrases

58:11-9.1. Definitions of words and phrases
Definitions. As used in this act:
"Water supply system" means a system comprising structures which operating alone or with other structures result in the derivation, conveyance (or transmission), or distribution of water for potable or domestic purposes.
"Approved public potable water supply" means a water supply which has been approved by the Department of Health of the State of New Jersey under the provisions of article 1 of chapter 10 of Title 58 and article 1 of chapter 11 of Title 58 of the Revised Statutes, and is operating under said sections.
"Unapproved water supply" means a water supply which is not approved by the Department of Health of the State of New Jersey under the provisions of article 1 of chapter 10 of Title 58 and article 1 of chapter 11 of Title 58 of the Revised Statutes.
"A physical connection" means any cross-connection, by-pass, valve, pipeline, auxiliary intake, or any device which permits or may permit any flow of water into an approved public potable water supply from an unapproved water supply.
"Approved physical connection" means an installation constituting of a physical connection installed, owned, maintained, and operated in accordance with rules and regulations of the State department.
"State department" means State Department of Health.
L.1942, c. 308, p. 1139, s. 1. Amended by L.1966, c. 47, s. 1, eff. May 24, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.2 - Permits for connections required; expiration

58:11-9.2. Permits for connections required; expiration
No person, corporation, or municipality shall maintain, own, or operate a physical connection between an approved public potable water supply and an unapproved water supply, unless the person, corporation, or municipality first obtains a permit from the State Department. All such permits shall expire on April first of each year unless an earlier date is specified in the permit.
L.1942, c. 308, p. 1140, s. 2.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.3 - Prerequisites to issuance of permit

58:11-9.3. Prerequisites to issuance of permit
The State department, before it issues any permit under the provisions of this act, shall be satisfied of the following facts:
(a) That the physical connection between an approved public potable water supply and an unapproved water supply is protected by an approved physical connection.
(b) That the physical connection has the approval of the local board of health of the municipality whose approved public potable water supply may be affected; and
(c) That the physical connection has the approval of the person, corporation, or municipality owning the approved public potable water supply which may be affected.
L.1942, c. 308, p. 1140, s. 3. Amended by L.1966, c. 47, s. 2, eff. May 24, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.4 - Forms; rules and regulations

58:11-9.4. Forms; rules and regulations
The State department shall establish such rules and regulations, as in its judgment may be necessary for the design, installation, testing and maintenance of an approved physical connection, and shall establish such form or forms as in its judgment may be necessary to ascertain the facts that the approved physical connection is of the standard required and is operating in a satisfactory manner in accordance with the rules, regulations, or statutes set forth in section 3 of this act, and such other forms as may be necessary to the proper administration of this act.
Each application for the installation of an approved physical connection, and for the continuance of the approved physical connection, shall be made upon forms supplied by the State department.
L.1942, c. 308, p. 1141, s. 4. Amended by L.1966, c. 47, s. 3, eff. May 24, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.5 - Revocation of permit restoration

58:11-9.5. Revocation of permit restoration
Upon evidence duly ascertained by the State department, or by the commissioner of health, or furnished to the department by any local board of health, or by the owner of an approved public water supply, that the person authorized under a permit issued under the provisions of this act to maintain an approved physical connection, is violating any of the rules, regulations, or statutes governing such physical connection, the State department or the commissioner of health shall, upon hearing, revoke such permit.
No such permit shall be renewed or restored until the State department is satisfied that all the provisions of this act are or have been strictly complied with.
L.1942, c. 308, p. 1141, s. 5. Amended by L.1966, c. 47, s. 4, eff. May 24, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.6 - Renewal of permit, prerequisites to

58:11-9.6. Renewal of permit, prerequisites to
The State department, before it renews any permit, shall be satisfied of the following facts:
(a) That the approved physical connection has been tested for tightness under prevailing pressure conditions at least every 3 months;
(b) That the approved physical connection has been subjected to an internal inspection within 6 months prior to the application; and
(c) That the local board of health, the State department, and the owner of the water supply set forth in section 3 of this act, have determined that the approved physical connection was functioning satisfactorily.
L.1942, c. 308, p. 1141, s. 6. Amended by L.1966, c. 47, s. 5, eff. May 24, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.7 - Inspection of connection

58:11-9.7. Inspection of connection
The physical connection provided for in section two of this act shall be inspected by the engineers or inspectors of the State Department, by the local board of health whose approved public potable water supply may be affected, or, by the owner of the approved public potable water supply which may be affected.
L.1942, c. 308, p. 1142, s. 7.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.8 - Violations; other laws respecting remedies not affected

58:11-9.8. Violations; other laws respecting remedies not affected
Whoever violates any of the provisions of section two of this act shall be liable to a penalty of one hundred dollars ($100.00) for each offense, and each day's continuance of a violation after notice to abate or remove the unapproved physical connection shall have been given by the State Department, the local board of health having jurisdiction over the place where such violation was committed, or, the owner of the approved public potable water supply which is or may be affected by such violation, shall constitute a separate offense. Nothing in this section shall be construed to modify or otherwise affect any other law or statute conferring upon any local board of health or the owner of any approved public potable water supply the power or authority to institute any proceedings in any court of this State for the recovery of any penalty for, or obtaining any injunction against, the pollution of any of the public supplies of potable waters in this State.
L.1942, c. 308, p. 1142, s. 8.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.9 - Recovery of penalties, procedure

58:11-9.9. Recovery of penalties, procedure
9. Any penalty incurred under any of the provisions of section 8 of this act shall be recovered in a civil action in the name of the State department, a local board of health, or the owner of the supply specified in said section eight. Such action may be maintained in the Superior Court or any municipal court, and jurisdiction is conferred upon said courts, within their respective territorial jurisdictions, to hear and determine such actions.
L.1942,c.308,s.9; amended 1953,c.54,s.21; 1991,c.91,s.529.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.10 - Injunctive relief against violations

58:11-9.10. Injunctive relief against violations
If any person, corporation, or municipality, or any municipal authority shall violate any of the provisions of sections two and five of this act, the State department, whether or not the penalty prescribed by section eight of this act shall have been sued for or recovered, may institute a civil action in the Superior Court in the name of the State on the relation of the department for injunctive relief to prohibit the further violation of said sections two and five.
The local board of health having jurisdiction over the place where such offense was committed, or the owner of the potable water supply which is or may be affected by such offense, whether or not such penalty shall have been sued for or recovered, may institute a civil action in the Superior Court in the name of such board or owner for injunctive relief to prohibit further violation of the said sections two and five.
L.1942, c. 308, p. 1143, s. 10. Amended by L.1953, c. 54, p. 959, s. 22.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-9.11 - Approval of application by local board or owner not required

58:11-9.11. Approval of application by local board or owner not required
Nothing in this article shall be construed as requiring the local board of health or the owner of the supply specified in section three of this act, to approve an application to establish a physical connection.
L.1942, c. 308, p. 1143, s. 11.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-24 - Definitions

58:11-24. Definitions
As used in this act, unless the context clearly indicates otherwise, the following words shall have the following meanings:
(a) "Approved potable water supply" means water supply which has been approved by the State Department of Environmental Protection pursuant to Title 58 of the Revised Statutes, or any other law.
(b) "Approved sewer system" means a sanitary sewer system which has been approved by the State Department of Environmental Protection pursuant to Title 58 of the Revised Statutes, or any other law.
(c) "Water supply system" means any installation or structure designed to provide domestic or potable water supply.
(d) "Sewerage facilities" means any installation or structure designed to provide for the collection and disposal of sewage.
(e) "Realty improvement" means any proposed new residence or other building the useful occupancy of which shall require the installation or erection of a water supply system or sewerage facilities, other than one which is to be served by an approved water supply and an approved sewerage system. For the purposes of this act, each family unit in a proposed multiple family dwelling shall be construed to be a separate realty improvement.
(f) "Board" or "board of health" means the board of health of any municipality or the boards, bodies or officers in such municipality lawfully exercising any of the powers of a board of health under the laws governing such municipality, and includes any consolidated board of health or county board of health created and established pursuant to law.
(g) "State department" means the State Department of Environmental Protection.
(h) "Professional engineer" means a person licensed to practice professional engineering in this State.
L.1954, c. 199, p. 746, s. 2. Amended by L.1971, c. 386, s. 1, eff. Jan. 7, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-24.1 - Establishment of septic system density standard.

58:11-24.1 Establishment of septic system density standard.
40. Notwithstanding the provisions of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) and the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection, pursuant to section 34 of P.L.2004, c.120 (C.13:20-32), shall establish a septic system density standard at a level to prevent the degradation of water quality or to require the restoration of water quality, as required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) or the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.), or any rule or regulation adopted pursuant thereto, and to protect ecological uses from individual, secondary, and cumulative impacts, in consideration of deep aquifer recharge available for dilution, which standard shall be applied to any major Highlands development as defined in section 3 of P.L.2004, c.120 (C.13:20-3) located in the Highlands preservation area as defined in section 3 of P.L.2004, c.120 (C.13:20-3).
L.2004,c.120,s.40.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-25 - Proposed system or facility; compliance with standards of construction

58:11-25. Proposed system or facility; compliance with standards of construction
No building permit for the construction of a realty improvement shall be issued by any municipal or other authority in this State nor shall the construction of any realty improvement be begun until the board of health having jurisdiction shall have certified that the proposed water supply system and sewerage facilities for the proposed realty improvements are in compliance with the provisions of this act and the standards for construction of such water supply and sewerage facilities promulgated by the State Department as herein provided and those established by local ordinances, where such local ordinances prescribe higher standards than those promulgated by the State Department.
L.1954, c. 199, p. 747, s. 3.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-25a - Definitions

58:11-25a. Definitions
As used in this act:
a. "Acceptable alternative greywater system" means a system for the treatment and disposal of wastewater which normally does not receive human body wastes or industrial waste and is approved for use by a local health department.
b. "Acceptable alternative waste treatment system" means a waste system which has been approved for use by the State department and which is properly operated and maintained so as not to cause a health hazard or nuisance. An acceptable alternative waste treatment system may include an organic waste treatment system or compost toilet which operates on the principle of decomposition of heterogeneous organic materials by aerobic and facultatively anerobic organisms and utilizes an effectively anaerobic composting process which produces a stabilized humus. Acceptable alternative waste treatment system does not include a septic tank--drain field system or other system that results in a discharge to the ground or surface water of this State.
c. "Structure" means a building in which toilet, kitchen, laundry, bathing, or other facilities which generate less than 2,000 gallons per day of water-carried sanitary sewage are used or are available for use for household, commercial, industrial, or other purposes.
L.1983, c. 26, s. 1, eff. Jan. 25, 1983.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-25b - Installation and use of alternative waste treatment systems and greywater systems

58:11-25b. Installation and use of alternative waste treatment systems and greywater systems
Notwithstanding any other law, rule, regulation or ordinance to the contrary, a person may install and use in a structure an acceptable alternative waste treatment system or an acceptable alternative waste treatment system in combination with an acceptable alternative greywater system. Installation and use of an acceptable alternative waste treatment system or an acceptable alternative waste treatment system in combination with an acceptable alternative greywater system shall be subject to local health department regulation and inspection by the appropriate subcode official in accordance with the State Uniform Construction Code, pursuant to P.L.1975, c. 217 (C. 52:27D-119 et seq.).
L.1983, c. 26, s. 2, eff. Jan. 25, 1983.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-25c - Special assessments against alternative system users

58:11-25c. Special assessments against alternative system users
A person who installs and uses an acceptable alternative waste treatment system or an acceptable alternative waste treatment system in combination with an acceptable alternative greywater system shall not be exempt from any special assessments levied by a municipality for the purpose of financing the construction of an approved sanitary sewer system and sewerage facilities.
L.1983, c. 26, s. 3, eff. Jan. 25, 1983.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-25d - Standards regarding installation and use of alternative systems

58:11-25d. Standards regarding installation and use of alternative systems
Within 180 days of the effective date of this act, the Department of Environmental Protection and the Department of Community Affairs shall jointly establish minimum standards regarding the appropriate installation and use of acceptable alternative waste treatment systems and acceptable alternative waste treatment systems in combination with acceptable alternative greywater systems.
L.1983, c. 26, s. 4, eff. Jan. 25, 1983.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-25.1 - Subdivision approval to cover 50 or more realty improvements; certification of proposed water supply and sewerage facilities

58:11-25.1. Subdivision approval to cover 50 or more realty improvements; certification of proposed water supply and sewerage facilities
No subdivision approval shall be granted by any municipal or other authority in the State to cover 50 or more realty improvements, or less than 50 where the subdivision extends into an adjoining municipality or municipalities and will, in the aggregate, cover 50 or more realty improvements, until the State Department of Environmental Protection has certified that the proposed water supply and sewerage facilities for realty improvements comply with applicable State standards.
L.1971, c. 386, s. 2, eff. Jan. 7, 1972. Amended by L.1973, c. 136, s. 1, eff. May 17, 1973.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-26 - Certification of compliance

58:11-26. Certification of compliance
Any board of health which has in its employ a licensed health officer or sanitary inspector of the first grade licensed by the State Department or a professional engineer shall issue certifications as provided in section 3 of this act if such health officer, sanitary inspector or professional engineer certifies to the board that the application and accompanying engineering data are in compliance with this act and the standards for construction hereinbefore referred to.
A board of health not having personnel as described above may issue such certification, if an applicant for certification files with the board a certificate made by a professional engineer stating that the proposed water supply system and sewerage facilities are in compliance with this act and said standards for construction.
L.1954, c. 199, p. 747, s. 4.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-27 - Application for certification

58:11-27. Application for certification
Application for certification shall be in writing and shall be made on a formal application blank when such blanks are provided by the board, and each application shall include such engineering data as shall be prescribed by said standards for construction.
Copies of all applications and the accompanying engineering data for certifications to cover 50 or more realty improvements shall be filed with or mailed to the State Department on the date on which application is made to the board.
Copies of all certifications by boards of health covering 50 or more realty improvements shall be mailed to the State Department by the board issuing the same on the date of issue.
L.1954, c. 199, p. 748, s. 5.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-28 - Issuance or denial of certification; time; statement of reasons for denial

58:11-28. Issuance or denial of certification; time; statement of reasons for denial
The board of health shall issue or deny certification within 15 days after receiving an application for certification except that, in case the board finds the data submitted by an applicant incomplete, the time for acting thereon shall be extended by 15 days beyond the date of submission of adequate supplementary or amendatory data. Denial of certification shall be supported by a statement of the reasons for such action.
L.1954, c. 199, p. 748, s. 6.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-29 - Revocation of certification by state department in certain cases; time; statement of reasons

58:11-29. Revocation of certification by state department in certain cases; time; statement of reasons
The State Department may revoke any certification covering 50 or more realty improvements; provided, that such action is taken within 15 days of the date of certification by the board of health; and provided, that such action is supported by a statement of the reasons therefor. If after revocation of any certification by the State Department, or denial of certification by the board, in any such case, such application is amended or supplemented, a copy thereof shall be filed with or mailed to the department on the date of its submission.
L.1954, c. 199, p. 748, s. 7.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-30 - Change in condition of land affecting operations covered by certification

58:11-30. Change in condition of land affecting operations covered by certification
If any change in the physical conditions of any lands of a realty improvement, which will materially affect the operation of the water supply system or sewerage facilities covered by any certification issued under this act, shall be made after certification, the certification shall become null and void and a new certification shall be obtained before construction shall proceed. If 50 or more realty improvements are covered by such a voided certificate a copy of the application for a new certificate shall be mailed to the State Department on the date upon which it is submitted to the board.
L.1954, c. 199, p. 749, s. 8.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-31 - Revocation or denial of certification; hearing

58:11-31. Revocation or denial of certification; hearing
In case any certification is denied by the board of health or is denied or revoked by the State department, a hearing shall be held thereon before the board or the State department, as the case may be, within 15 days after request therefor is made by the applicant and upon such hearing the board of health or the State department, as the case may be, shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
L.1954, c. 199, p. 749, s. 9. Amended by L.1971, c. 386, s. 3, eff. Jan. 7, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-32 - Inspection and tests; right of entry

58:11-32. Inspection and tests; right of entry
A board of health or the State department shall have power to make, or cause to be made, such inspections and tests as may be necessary to carry out the purposes of this act and its authorized representatives shall at all times have the right to enter upon lands of realty improvements for said purposes.
L.1954, c. 199, p. 749, s. 10. Amended by L.1971, c. 386, s. 4, eff. Jan. 7, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-33 - Covering sewerage facilities; permission

58:11-33. Covering sewerage facilities; permission
No septic tank, tile field, seepage pit or system or structure designed to provide sewerage facilities to any realty improvement shall be covered from view until the same has been inspected by an authorized representative of the board of health and permission to cover the same has been given by the board or its authorized representative.
L.1954, c. 199, p. 749, s. 11.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-34 - Filing ordinances establishing similar requirements and minimum standards for construction

58:11-34. Filing ordinances establishing similar requirements and minimum standards for construction
Copies of any ordinances, which have been or shall be adopted by any municipality, establishing requirements equivalent to those required by this act and minimum standards for construction equivalent to those promulgated or to be promulgated by the State Commissioner of Health under this act, shall be filed with the State Department within 10 days after the effective date of this act or within 10 days after the adoption thereof, whichever shall be later.
L.1954, c. 199, p. 749, s. 12.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-35 - Advisory committee; duties; personnel

58:11-35. Advisory committee; duties; personnel
There shall be appointed biennially an advisory committee to draft and recommend standards for the construction of water supply systems and sewerage facilities for realty improvements in order to insure their safety, adequacy and propriety for the purposes for which they are to be installed. One member of such committee shall be appointed by the Commissioner of Conservation and Economic Development from his department, 1 member shall be appointed by the State Commissioner of Health from his department and 1 member shall be appointed by the State Commissioner of Health from each list of 3 persons submitted by each of the following associations, namely:
New Jersey Association of Real Estate Boards,
New Jersey Health Officers Association,
New Jersey Society of Professional Engineers,
New Jersey State League of Municipalities,
New Jersey Home Builders Association,
New Jersey Institute of Municipal Attorneys, and
New Jersey Title Insurance Association.
In event that any of said associations shall fail to submit a list of such names within 10 days after written request to it by the State Commissioner of Health, the State Commissioner of Health may make the appointment according to his own discretion.
L.1954, c. 199, p. 750, s. 13.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-36 - Standards for construction; minimum requirements; promulgation

58:11-36. Standards for construction; minimum requirements; promulgation
Such draft of recommended standards shall be submitted to the State Commissioner of Health who, having given due consideration to the same, shall promulgate standards for the construction of water supply systems and sewerage facilities for realty improvements in order to insure their safety, adequacy and propriety for the purposes for which they are to be installed, which standards shall constitute the minimum requirements to be met by applicants for certifications under this act. The standards shall specify the engineering data required to be submitted with applications for certification which shall include a plan of the land to be used for the realty improvement, elevations of existing and proposed physical features, reasonable details on surface and subsurface soil conditions, and, details of the type of construction and the physical features of the proposed water and sewerage facilities, and shall specify minimum requirements for the construction or erection of proposed water supply systems and sewerage facilities. Amendments of standards for construction shall be made in the manner prescribed for the establishment of the original standards and the advisory committee shall be consulted on all proposed amendments.
L.1954, c. 199, p. 750, s. 14.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-36.1 - DEP precluded from imposing certain certification requirements on installers of individual subsurface sewage disposal systems.

58:11-36.1 DEP precluded from imposing certain certification requirements on installers of individual subsurface sewage disposal systems.
1. a. Notwithstanding the provisions of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.), or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection shall not require an installer of an individual subsurface sewage disposal system, using products approved by the department in lieu of laterals or filter material, to be in possession of a valid Certified Installer of Onsite Wastewater Treatment Systems (CIOWTS) Advanced Level certification from the National Environmental Health Association (NEHA).
b. The provisions of subsection a. of this section shall become inoperative upon the adoption, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), of rules and regulations by the department instituting credential requirements for all installers of individual subsurface sewage disposal systems.
L.2017, c.112, s.1.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-37 - Appeal by advisory committee

58:11-37. Appeal by advisory committee
In case the State Commissioner of Health shall not concur in any of the advisory committee's recommendations as to the standards for construction or any amendments thereof or supplements thereto, and shall promulgate standards not in accord with the committee's recommendations, the committee may appeal to the State Public Health Council thereon and shall be entitled to a hearing before the Council. After such hearing the Council shall make appropriate recommendations to the State Commissioner of Health who shall in turn make such changes, if any, in the standards for construction promulgated by him, as he deems in the interest of the public health.
L.1954, c. 199, p. 751, s. 15.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-38 - Violations

58:11-38. Violations
No person or corporation shall construct or install any water supply system or sewerage facilities for a realty improvement, which are not in accordance with the provisions of the application or any amendment thereof or supplement thereto, made for any certification on which a certification shall be issued as herein provided, and any person or corporation violating any provisions of this section shall be subject to the penalties and remedies hereinafter provided for, which may be recovered and enforced by the board of health having jurisdiction in the municipality in which such violation shall occur.
L.1954, c. 199, p. 751, s. 16.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-39 - Penalties

58:11-39. Penalties
Any person or corporation violating any provision of this act shall be liable to a penalty of $200.00 for each offense and an additional penalty of $25.00 for each day of continuance of violation after notice of the violation shall have been given to such person or corporation by the State department or the board of health having jurisdiction in the municipality in which such violation occurs, to be collected and enforced by summary proceedings for the collection of penalties pursuant to the "Penalty Enforcement Law."
L.1954, c. 199, p. 752, s. 17. Amended by L.1966, c. 143, s. 7, eff. June 18, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-40 - Right of board to order work stoppage; service of copy of order; violations; penalties

58:11-40. Right of board to order work stoppage; service of copy of order; violations; penalties
The board of health having jurisdiction on the municipality in which any violation of any provision of this act occurs shall have the right to order all further work in and about any water supply system or sewerage facilities, which is being erected or installed in violation of this act, to be stopped forthwith, except such work as shall be necessary to remedy such violation, and, thereafter, to continue such work without any violation of any of the provisions of this act, and after the issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such water supply system or sewerage facilities, or any part thereof, no further work shall be done thereon except as aforesaid and any person or corporation who, after having been served with a copy of such an order, shall do any work or cause or permit any work to be done in or about the same, except such as is hereinbefore provided, shall be liable to a penalty of $200.00 to be collected and enforced by summary proceedings for the collection of penalties pursuant to the "Penalty Enforcement Law."
L.1954, c. 199, p. 752, s. 18.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-41 - Injunction

58:11-41. Injunction
In case any water supply system or sewerage facilities or any part thereof is about to be, or is, or has been, erected or installed after the effective date of this act in violation of any of the provisions of this act as aforesaid, such erection or installation is hereby declared to be a nuisance and the State department or the board having jurisdiction in the municipality in which the realty improvement is situate, may institute a civil action for an injunction to prohibit the further violations of this act in any court of competent jurisdiction, which court shall have power to order an abatement of such nuisance, and to prevent its further maintenance, and any further violation of this act, by injunction or otherwise according to the practice of said court, and the court may proceed in a summary manner.
L.1954, c. 199, p. 752, s. 19. Amended by L.1966, c. 143, s. 8, eff. June 18, 1966; L.1971, c. 386, s. 5, eff. Jan. 7, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-43 - Study to determine restriction as to types of sewerage facilities

58:11-43. Study to determine restriction as to types of sewerage facilities
The State department shall study the various geographical areas of the State, from time to time, to determine whether any such areas should be restricted as to the types of sewerage facilities which may be thereafter constructed in such areas. In conducting such a study, the State department shall give consideration to factors such as soil conditions, ground-water table levels, population densities and projected growth trends and such other factors which could affect the safe and proper operation of sewerage facilities in the area under study.
L.1966, c. 143, s. 1, eff. June 18, 1966.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-44 - Designation of critical areas by regulation

58:11-44. Designation of critical areas by regulation
If the State department shall determine that it is essential to the public health and well-being of the inhabitants residing in the area to restrict or regulate the type or types of sewerage facilities which may thereafter be constructed in such area, it shall by appropriate regulation designate the area as a critical area for sewerage purpose.
L.1966, c. 143, s. 2.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-45 - Contents of regulation

58:11-45. Contents of regulation
A regulation designating an area as a critical area for sewerage purposes shall specify the specific geographical area contained within such critical area and the type or types of sewerage facilities which may thereafter be constructed in the critical area.
L.1966, c. 143, s. 3.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-46 - Notice and hearing

58:11-46. Notice and hearing
Prior to promulgation of such regulation, the State department shall hold a public hearing thereon within such area. The State department shall cause to be published at least once not less than 15 days prior to such hearing in each of the municipalities within the critical area proposed to be designated as such by the department, in a newspaper published in each of said municipalities, or if no newspaper be published in any such municipalities, then in a newspaper circulated in such municipalities, a notice of such hearing specifying the time when and place where such hearing will be held, together with a description of the area proposed to be designated as a critical area and a brief summary of the type or types of sewerage facilities which may thereafter be constructed therein.
L.1966, c. 143, s. 4.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-47 - Adoption of regulations; publication

58:11-47. Adoption of regulations; publication
Following such hearing and after consultation with the Department of Conservation and Economic Development, the State department shall adopt such regulations designating a critical area and specify the geographical area contained within such critical area, as well as the type or types of sewerage facilities which may thereafter be constructed therein, as may be reasonable and necessary to protect public health. No such regulations shall be promulgated until at least 60 days after the State department has conducted its public hearing. Such rules and regulations shall be published and distributed to local governing bodies and local boards of health in all designated critical areas.
L.1966, c. 143, s. 5.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-48 - Violation; penalties

58:11-48. Violation; penalties
Any person who violates any of the provisions of this act or the rules and regulations adopted hereunder shall be liable to the penalties set forth in section 17 of the act of which this act is a supplement.
L.1966, c. 143, s. 6.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-49 - Legislative findings

58:11-49. Legislative findings
The Legislature finds, determines and declares that sewage treatment plants are unable to adequately treat certain sewage discharged into the systems because of the characteristics and composition of the waste, that certain potent discharges have interfered with and damaged the sewage treatment plant processes, and that these occurrences should be prevented by the adoption and enforcement of rules and regulations requiring the treatment of certain wastes prior to their discharge into sewerage systems.
L.1972, c. 42, s. 1, eff. June 1, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-50 - Definitions

58:11-50. Definitions
As used in this act, unless otherwise clearly indicated or required by the context:
a. "Department" means the State Department of Environmental Protection.
b. "Commissioner" means the State Commissioner of Environmental Protection.
c. "Public sewage treatment plant" means any structure or structures by means of which domestic or industrial wastes are subjected to any artificial process in order to remove or so alter constituents as to render the wastes less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State before the discharge of the plant effluent into any of the waters of this State.
d. "Sewage" means any domestic or industrial waste which is or is intended, required or proposed to be subjected to treatment in a public sewage treatment plant. It shall include but not be limited to substances which are (a) nondegradable (b) highly toxic and (c) radioactive.
e. "Pretreatment standards" means those standards as to physical, chemical or biological characteristics to which sewage must conform before it may lawfully be discharged into a public sewage treatment plant under the provisions of this act.
f. "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 or any agencies or instrumentalities thereof.
L.1972, c. 42, s. 2, eff. June 1, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-51 - Rules and regulations; establishment, alteration or abolition

58:11-51. Rules and regulations; establishment, alteration or abolition
The commissioner shall have the power to establish and from time to time alter or abolish rules and regulations establishing pretreatment standards to which sewage must conform before it may lawfully be discharged into the collection system of a public sewage treatment plant in this State. In establishing, altering or abolishing such rules and regulations, the commissioner shall give due consideration to: (1) the treatment capabilities and operating efficiency of the plant or plants to which they apply and (2) the standards required of the effluent of such plant or plants in conformity with established policy of the State and existing rules of the department concerning the prevention and abatement of water pollution.
L.1972, c. 42, s. 3, eff. June 1, 1972.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-51.1 - Findings, declarations

58:11-51.1. Findings, declarations
The Legislature finds and declares that only the most contaminated sludges are ocean disposed; that these sludges are generated by sewage treatment plants, which receive large quantities of contaminated industrial wastewater; that land-based disposal of sludge requires the removal of these contaminants from the waste stream; that even if ocean dumping of sludge continues, it is prudent to minimize the presence of contaminants in the sludge; that the removal of contaminants from industrial wastewater requires additional standards, which the Department of Environmental Protection is singularly qualified to develop; and that to develop these stricter standards, the department requires additional resources.
P.L. 1988, c. 63, s. 1.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-51.2 - Pretreatment of industrial discharges

58:11-51.2. Pretreatment of industrial discharges
The Department of Environmental Protection shall accelerate the industrial wastewater pretreatment program, hire additional personnel, develop stricter standards for industrial discharges, and increase enforcement and monitoring of pretreatment permittees.
P.L. 1988, c. 63, s. 2.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:11-52 - Effective date of standards; persons subject to standards

58:11-52. Effective date of standards; persons subject to standards
After the effective date of any pretreatment standards established as provided in this act, no person, firm or corporation, public or private, or any public agency or instrumentality shall discharge into the collection system of a public sewage treatment plant under the operation or control of any county or municipality, or of any public agency or instrumentality established by or pursuant to any law of this State and having as its purpose or one of its purposes the operation of a public sewage treatment plant, or permit to be discharged into the collection system of any such treatment plant under its operation or control, any sewage which does not comply with the aforesaid pretreatment standards. In setting a date for the conformance to pretreatment standards by public sewage treatment plants and their users the commissioner shall provide a reasonable amount of time to remedy the existing situation and to comply with the pretreatment standards.
L.1972, c. 42, s. 4, eff. June 1, 1972.