Title 58, Title 58: WATERS AND WATER SUPPLY

58:10-23.11g4. Definitions 1. For purposes of sections 1 through 5 of P.L.1993, c.112 (C.58:10-23.11g4 through 58:10-23.11g8): "Active participation in the management" or "participation in the management" means actual participation in the management or operational affairs by the …

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 par…

58:10-23.11g6. Status and liability of holders after foreclosure 3. The indicia of ownership, held after foreclosure, continue to be maintained primarily as a protection for a security interest provided that the holder did not participate in management prior to foreclosure and th…

58:10-23.11g7. Departmental rights retained; violations, penalties 4. a. Nothing in sections 1 through 5 of P.L.1993, c.112 (C.58:10-23.11g4 through 58:10-23.11g8) shall be deemed to prohibit or limit the rights of the Department of Environmental Protection to clean up a property…

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…

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-…

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, gua…

58:10-23.11h Imposition of tax; measurement; amount; return; filing; failure to file, penalty; presumptive evidence; powers of director. 9. a. There is hereby levied upon each owner or operator of one or more major facilities a tax to insure compensation for cleanup costs and dam…

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 …

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 …

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 receiv…

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 …

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 Enviro…

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…

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 th…

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 admin…

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 suppl…

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.…

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…

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 …

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…

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 …

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 o…

58:10-23.11n. Boards of arbitration a. Boards of arbitration shall be convened by the administrator when persons alleged to have caused the discharge, the administrator or other persons contest the validity or amount of damage claims or cleanup and removal costs presented to the …

58:10-23.11o. Disbursement of moneys from fund; purposes 16. a. Moneys in the New Jersey Spill Compensation Fund shall be disbursed by the administrator for the following purposes and no others: (1) Costs incurred under section 7 of P.L.1976, c.141 (C.58:10-23.11f); (2) Damages a…

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 co…

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…

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 insu…

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 ma…

58:10-23.11u Violations; remedies; enforcement. 22. a. (1) Whenever, on the basis of available information, the department determines that a person is in violation of a provision of P.L.1976, c.141 (C.58:10-23.11 et seq.), including any rule, regulation, plan, information request…

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 unauthorize…

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 …

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.

58:10-23.11x. Liberal construction This act, being necessary for the general health, safety, and welfare of the people of this State, shall be liberally construed to effect its purposes. L.1976, c. 141, s. 25.

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 …

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. …

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 legisla…

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 i…

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 imp…

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 nece…

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 …

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 …

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 o…

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 sit…

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 th…

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 …