Title 58, Title 58: WATERS AND WATER SUPPLY

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 …

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…

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 whic…

58:10-23.30. Injunctive relief; penalties 6. If any person violates any of the provisions of this act, or any rule or regulation promulgated pursuant to the provisions of this act, the department may institute an action in a court of competent jurisdiction for injunctive relief t…

58:10-23.31. Powers, duties and functions under other laws; effect of act The powers, duties and functions vested in the department under the provisions of this act shall not be construed to limit in any manner the powers, duties and functions vested therein or in any person unde…

58:10-23.32. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be …

58:10-23.33. Construction of act This act shall be liberally construed to effectuate the purpose and intent thereof. L.1971, c. 177, s. 9, eff. June 1, 1971.

58:10-23.34. Hazardous Discharge Site Cleanup Fund a. There is established in the Department of Environmental Protection a fund to be known as the "Hazardous Discharge Site Cleanup Fund." All interest earned on moneys in the fund shall be credited to the fund. Moneys in the fund …

58:10-24. Definitions As used in this article: "Commission" means the state commissioners of water supply appointed under chapter one hundred and eighty-nine, laws of one thousand eight hundred and eighty-two, and their successors however appointed or designated. "Fresh water" me…

58:10-25. Pipe lines across fresh water No pipe line shall be constructed across any fresh water streams of this state except in the manner to be approved by the commission.

58:10-26. Reconstruction or removal of pipe line Any pipe line so constructed that there is danger of the escape of its contents into any fresh water streams of this state shall be reconstructed or removed in accordance with the provisions of this article.

58:10-27. Action by commission to prevent escape of pipe line contents; notice The commission, if in its opinion any pipe line is so constructed that there is danger of the escape of the contents thereof into any fresh water of this state, shall give notice in writing of such opi…

58:10-28. Notice of decision of commission If, after having afforded the owners or users of such pipe line an opportunity to be heard on such notice, the commission decides that the portion of the pipe line specified in the notice is so constructed that there is danger of the esc…

58:10-29. Specifications for reconstruction of pipe line Within fifteen days after service of notice of the decision, the owners or users of such pipe line shall submit to the commission written specifications for the reconstruction of the portion of the pipe line specified in th…

58:10-30. Removal of pipe line on failure to reconstruct The reconstruction, in the manner approved by the commission, of the portion of such pipe line specified in its decision, shall be begun within thirty days after service of the notice required by section 58:10-29 of this ti…

58:10-31. Right of commission to enter upon lands; damages For the purpose of removing or causing the removal of the pipe line as aforesaid, the commission may enter upon any lands, bridges or structures and shall not be liable for any damage done thereto by such removal, nor for…

58:10-32. Review of commission's decisions Any order, decision, judgment or proceeding of the commission under the provisions of this article may be reviewed by the Superior Court by a proceeding in lieu of prerogative writ, and the court may reverse or modify such order, decisio…

58:10-33. Remedy for injury to waters by pipe line In any case where, by the rupture or leakage of a pipe line, injury is done to any fresh water of this State, the commission may apply directly to any court of competent jurisdiction for an immediate remedy, as it may deem advisa…

58:10-34. Unlawful construction or maintenance of pipe line; penalty Any owner or user of a pipe line who shall construct or maintain the same across any fresh water stream of this state, except in the manner approved by the commission, shall be liable to a penalty of five hundre…

58:10-35. Damages for breakage or leakage of pipe line Nothing shall be so construed in this article as to relieve the owners or users of pipe lines from liability for damages which may ensue by reason of breakage or leakage, notwithstanding such pipes were constructed according …

58:10-35.1. Permit required No person shall drill, bore, drive, dig, or otherwise conduct any operation for the purpose of obtaining access to a pocket or other underground area or place for the purpose of storing natural or artificial gas or petroleum products and their derivati…

58:10-35.2. Rules and regulations; restrictions in permits; violations The said commissioner shall prescribe rules and regulations to effectuate the provisions of this act and any such permit may contain such restrictions as the said commissioner shall determine to be necessary i…

58:10-35.3. Application for permit; map Every application for a permit shall be accompanied by not less than two copies of an accurate map prepared by a competent engineer or geologist showing the location, extent and depth of the proposed storage place and of all wells drilled o…

58:10-35.4. Application of act The provisions of this act shall be applicable to any operation of drilling, boring, driving or digging heretofore commenced, as well as to any such operation hereafter commenced. L.1951, c. 80, p. 472, s. 4.

58:10-46. Definitions As used in this act: "Department" means the Department of Environmental Protection; "Federal act" means the "Hazardous Liquid Pipeline Safety Act of 1979," 49 U.S.C. s.2001 et seq.; "Hazardous liquid" means a hazardous liquid as defined pursuant to the feder…

58:10-47. Adoption of regulations requiring registration of pipeline facility Within 18 months of the effective date of this act, the department shall adopt regulations requiring that the owner or operator of each pipeline facility register with the department. Every owner or ope…

58:10-48. Study on feasibility and necessity of certain actions Within 36 months of the effective date of this act, the department shall complete a study on the feasibility and necessity, if any, of the following actions: a. Adopting the pipeline facility safety standards regulat…

58:10-49. Submission of written report to Governor, Legislature Within three months of the completion of the study required pursuant to section 3 of this act, the department shall submit to the Governor and the Legislature a written report summarizing the results of the study, in…

58:10-50. Application of act to intrastate pipeline facilities The provisions of this act shall apply to intrastate pipeline facilities and the transportation of hazardous liquids associated with those facilities. This act shall not apply to the transportation of a hazardous liqu…