Title 58, Title 58: WATERS AND WATER SUPPLY

58:10A-32. Penalties A person violating the provisions of this act is liable to the penalties prescribed in section 10 of P.L. 1977, c. 74 (C. 58:10A-10). L. 1986, c. 102, s. 12, eff. Sept. 3, 1986.

58:10A-33. Exemption The owner or operator of a facility equipped with a monitoring system who has obtained a permit for groundwater discharges pursuant to section 6 of P.L. 1977, c. 74 (C. 58:10A-6) is exempt from the requirements of section 9 of this act. L. 1986, c. 102, s. 13…

58:10A-34. Other powers unaffected Nothing in this act shall be construed to limit the department's authority to respond to, or remove or clean up, a discharge pursuant to the provisions of any other State or federal law. L. 1986, c. 102, s. 14, eff. Sept. 3, 1986.

58:10A-35. Local laws superseded a. It is the intent of the Legislature that the program established by this act for the regulation of underground storage tanks constitute the only program regulating underground storage tanks in this State. To this end no municipality, county, or…

58:10A-37.1 Short title. 1. This act shall be known and may be cited as the "Underground Storage Tank Finance Act." L.1997,c.235,s.1.

58:10A-37.10 Terms of loans. 10. a. All loans awarded from the fund shall be for a term not to exceed ten years. Except as provided in subsection b. of section 5 of P.L.1997, c.235 (C.58:10A-37.5), all loans shall be at a rate between two percent and the prime rate at the time of…

58:10A-37.11 Insurance coverage for costs of remediation. 11. Notwithstanding any other provision of P.L.1997, c.235 (C.58:10A-37.1 et seq.), if an owner or operator maintains environmental liability or other insurance coverage for the remediation of a discharge, the insurance co…

58:10A-37.12 Memorandum of agreement relative to powers, responsibilities. 12. The authority and the department may enter into a memorandum of agreement whereby any of the powers or responsibilities that the authority may exercise pursuant to P.L.1997, c.235 (C.58:10A-37.1 et seq…

58:10A-37.13 Joint application filing, review and approval procedure. 13. The authority shall establish a joint application filing, review and approval procedure whereby a person who is eligible for financial assistance from the fund, created pursuant to section 3 of P.L.1997, c.…

58:10A-37.14 Authority's right of subrogation, recovery. 14. a. Payment of any grant from the fund, or of a loan from the fund where the loan is in default and is uncollectible, for any costs relating to a remediation, shall be conditioned upon the authority being subrogated to a…

58:10A-37.15 Violations, penalties. 15. a. A person who purposely, knowingly, recklessly, or negligently provides false documents or false information to the authority or to the department, or withholds documents or information, in relation to an application for financial assista…

58:10A-37.16 Liens for financial assistance. 16. a. In addition to any other financial assistance requirements imposed by the authority pursuant to P.L.1997, c.235 (C.58:10A-37.1 et seq.), any award of financial assistance from the fund except for any grant awarded pursuant to pa…

58:10A-37.17 Rules, regulations. 17. a. Within 180 days of the effective date of this act, the New Jersey Economic Development Authority shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations for the administration…

58:10A-37.18 Imposition of annual surcharge. 18. There is imposed upon the owner or operator of a facility who is required to maintain evidence of financial responsibility pursuant to section 5 of P.L.1986, c.102 (C.58:10A-25) or pursuant to 42 U.S.C. s.6991 et seq., and any regu…

58:10A-37.19 Joint annual report. 19. a. The New Jersey Economic Development Authority and the Department of Environmental Protection shall present a joint annual report to the presiding officers of the two houses of the Legislature and to the chairmen and members of the Assembly…

58:10A-37.2 Definitions relative to upgrade, remediation, closure of underground storage tanks. 2. As used in this act: "Applicant" means a person who files an application for financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund …

58:10A-37.20 Construction of act. 20. Nothing in P.L.1997, c.235 (C.58:10A-37.1 et seq.) shall be construed to: (1) impose any liability on the State or the authority for any claims made to, or approved from, the Petroleum Underground Storage Tank Remediation, and Closure Upgrade…

58:10A-37.21 Appropriation for Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund. 21. There is appropriated from the special account in the General Fund created pursuant to Article VIII, Section II, paragraph 6 of the New Jersey Constitution $9,900,000 to t…

58:10A-37.22 Penalty for failure to register underground storage tank; exceptions. 22. Any person who has owned or operated an underground storage tank as defined pursuant to section 2 of P.L.1986, c.102 (C.58:10A-22) who has not registered that tank pursuant to the provisions of…

58:10A-37.23. Submission of evidence of financial responsibility 24. Prior to July 1, 1997, or upon completion of the upgrade of an underground storage tank as required pursuant to P.L.1986, c.102 (C.58:10A-21 et seq.), the owner or operator of that underground storage tank shall…

58:10A-37.3 Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund, establishment. 3. a. The Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund is established in the authority as a special, revolving fund. The fund shall be administered b…

58:10A-37.3a DEP notification to municipalities of fund. 3. The Department of Environmental Protection shall notify the governing body of each municipality in the State of the existence of the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund and shall des…

58:10A-37.4 Allocation of fund; priorities. 4. a. Monies in the fund shall be allocated and used to provide financial assistance only to (1) eligible owners or operators of regulated tanks in this State in order to finance the eligible project costs of the upgrade or closure of t…

58:10A-37.5 Awarding of financial assistance. 5. a. (1) The authority may award financial assistance from the fund to an eligible owner or operator in the form of a loan or a conditional hardship grant as provided in this section. An award of financial assistance, either as a loa…

58:10A-37.5a Underground storage tank loans for school districts. 1. Notwithstanding the provisions of N.J.S.18A:20-4.2 to the contrary, a board of education of a school district may determine, by resolution, to apply to borrow money from the Petroleum Underground Storage Tank Re…

58:10A-37.5b Development of cost guidance document, publication. 4. The department shall develop a cost guidance document that establishes the maximum cost to be paid for the eligible project costs of the closure or replacement of a petroleum underground storage tank used to stor…

58:10A-37.6 Application for financial assistance; fee. 6. An eligible owner or operator seeking financial assistance from the fund shall file an application on a form to be developed by the authority. The application form shall be submitted with the application fee. The applicati…

58:10A-37.7 Conditions for awarding financial assistance. 7. a. The authority shall award financial assistance to an owner or operator of a facility only if the facility is properly registered with the department pursuant to section 3 of P.L.1986, c.102 (C.58:10A-23), where appli…

58:10A-37.8 Rules, regulations relative to application procedure. 8. a. The authority shall adopt, pursuant to the"Administrative Procedure Act,"P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to: (1) require an applicant: (a) to submit documentation or other informat…

58:10A-37.9 Enforcement action prohibited; exceptions. 9. a. The department and the Office of the Attorney General may not take any enforcement action pursuant to section 12 of P.L.1986, c.102 (C.58:10A-32) against the owner or operator of a regulated tank for failure to upgrade …

58:10A-38. Findings, determinations The Legislature finds that contaminated sludges are often ocean dumped; that land-based disposal methods for sludge are environmentally preferable to the current practice of ocean dumping; that land-based disposal of sludge requires the removal…

58:10A-39. Definitions As used in this act: "Land-based sludge management criteria" means those standards established by the department in the Statewide Sludge Management Plan adopted pursuant to the "Solid Waste Management Act," P.L. 1970, c. 39 (C. 13:1E-1 et seq.), or establis…

58:10A-4. Rules and regulations The commissioner shall have power to prepare, adopt, amend, repeal and enforce, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), reasonable codes, rules and regulations to prevent, control or abate water polluti…

58:10A-40. Pollutant discharge limits All pretreatment permits shall include limits on the discharge of pollutants, which limits shall be based on the attainment of land-based sludge management criteria for sludge from the municipal treatment works. Sludge that meets the land-bas…

58:10A-41. Conformance to land-based sludge management criteria On or after March 17, 1991, all sludge generated in this State by municipal treatment works shall conform to the land-based sludge management criteria. P.L. 1988, c. 56, s. 4.

58:10A-42. Plan for land-based management Each municipal treatment works shall prepare a plan for the land-based management of sludges currently disposed of in the ocean. The plan shall provide for the termination of ocean disposal by March 17, 1991 and shall include, but need no…

58:10A-43. Compliance schedules The Department of Environmental Protection shall establish compliance schedules for municipal treatment works. The compliance schedules shall include deadlines for submittal of the permit application or applications for the chosen land-based sludge…

58:10A-44. Short title This act shall be known and may be cited as the "Ocean Sludge Dumping Elimination Act." P.L. 1988, c. 57, s. 1.

58:10A-45. Findings The Legislature finds that 2.8 million wet tons (1 million dry pounds) of sewage sludge generated by six New Jersey municipal treatment works each day are ocean disposed at the federally designated 106-mile dump site; that these sludges are ocean rather than l…

58:10A-46. Ocean disposal prohibited The provisions of any other law, rule or regulation to the contrary notwithstanding, municipal treatment works are prohibited from disposing of sludge in ocean waters by March 17, 1991. P.L. 1988, c. 57, s. 3.

58:10A-47. Short title This act shall be known and may be cited as the "Ocean Dumping Enforcement Act." P.L. 1988, c. 61, s. 1.

58:10A-48. Definitions As used in this act: "Dump" or "dumping" means the disposition of material. Dumping does not mean: (1) the disposition of any effluent from any outfall structure to the extent that the disposition is regulated under the provisions of the State "Water Pollut…

58:10A-48.1 Dumping material in ocean prohibited. 2. No person may intentionally dump any material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction of this State, which material enters the ocean waters within the jurisdictio…

58:10A-49 Crime of third degree; penalty; reward. 3. a. (1) A person who intentionally dumps any material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction of this State, which material enters the ocean waters within the juri…

58:10A-49.1 Actions by commissioner. 3. a. Whenever the Commissioner of Environmental Protection finds that a person has intentionally dumped material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction of this State, which mat…

58:10A-5 Powers of department. 5. The department is empowered to: a. Exercise general supervision of the administration and enforcement of this act and all rules, regulations and orders promulgated hereunder; b. Assess compliance of a discharger with applicable requirements of St…