Title 58, Title 58: WATERS AND WATER SUPPLY

58:10A-10.11. Affirmative defense against liability for certain violations 2. a. A permittee shall be entitled to an affirmative defense against liability for any penalty assessable pursuant to section 10 of P.L.1977, c.74 (C.58:10A-10) or section 6 of P.L.1990, c.28 (C.58:10A-10…

58:10A-10.12 Additional penalties for illegal, improper disposal of regulated medical waste. 6. If a violation of P.L.1977, c.74 (C.58:10A-1 et seq.) involves the willful, illegal or improper disposal of regulated medical waste, as defined pursuant to section 3 of P.L.1989, c.34 …

58:10A-10.2. Affirmative defenses to liability a. A person may be entitled to an affirmative defense to liability for a mandatory assessment of a civil administrative penalty pursuant to section 6 of P.L.1990, c.28 (C.58:10A-10.1) for a violation of an effluent limitation occurri…

58:10A-10.3. Request by department for information; testimony of witnesses a. The department may request that any person whom the department has reason to believe has, or may have, information relevant to a discharge or potential discharge of a pollutant, including, but not limit…

58:10A-10.4. Department of Environmental Protection authorized to issue summons The Department of Environmental Protection or a delegated local agency may issue a summons for a violation of any provision of P.L.1977, c.74 (C.58:10A-1 et seq.), including, in the case of a delegate…

58:10A-10.5. Delegated local agency authorized to issue civil administrative penalty; hearing A delegated local agency may, after consultation with a compliance officer designated by the department, issue a civil administrative penalty for any violation of the provisions of P.L.1…

58:10A-10.6. Report on decision upon conclusion of administrative hearing; exceptions, objections, replies Upon conclusion of an administrative hearing held pursuant to section 2 of P.L.1991, c.8 (C.58:10A-10.5), the administrative law judge shall prepare and transmit a recommend…

58:10A-10.7. Final decision by delegated local agency A final decision or order of the head of the delegated local agency shall be in writing or stated in the record. A final decision shall include separately stated findings of fact and conclusions of law, based upon the evidence…

58:10A-10.8. Appeal of civil administrative penalty, collection, interest charged a. A person appealing a civil administrative penalty or assessment levied in accordance with section 2 of P.L.1991, c.8 (C.58:10A-10.5), whether contested as a contested case pursuant to P.L.1968, c…

58:10A-10.9. Adoption of schedule of reimbursement The Director of the Office of Administrative Law shall establish by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a schedule of reimbursement for the costs to that office…

58:10A-11. Person with delegated responsibility to approve permits; qualifications Notwithstanding any contrary provision of State law, no person to whom the commissioner has delegated responsibility to approve permits or portions thereof may accept this responsibility if such pe…

58:10A-12. Liberal construction; severability This act shall be construed liberally. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect …

58:10A-13. Pending actions or proceedings, orders, regulations and rules; effect of act This act shall not affect, impair or invalidate any action or proceeding, civil or criminal, brought by or against the department, pending on the effective date of this act: all such actions o…

58:10A-14. Legislative oversight committees The Senate Committee on Energy and Environment and the Assembly Committee on Agriculture and Environment are hereby designated as the Legislative Oversight Committees for the Water Pollution Control Act. The Department of Environmental …

58:10A-14.1. Report on implementation and enforcement actions; notice of significant noncompliers in newspaper a. On or before March 15, 1992, and annually thereafter, the department shall prepare a report on implementation and enforcement actions taken during the preceding calen…

58:10A-14.2. Contents of annual report a. The annual report provided pursuant to section 9 of P.L.1990, c.28 (C.58:10A-14.1) shall include, but need not be limited to, the following information for the preceding calendar year: (1) the number of facilities permitted by the departm…

58:10A-14.3. Guidelines The department shall adopt guidelines to be utilized by delegated local agencies, the Attorney General and county prosecutors in providing information to the department for inclusion in the report to be prepared in accordance with section 10 of this act, a…

58:10A-14.4. Clean Water Enforcement Fund There is created, in the Department of Environmental Protection, a special nonlapsing fund, to be known as the "Clean Water Enforcement Fund." Except as otherwise provided in P.L.1989, c.122, all monies from penalties, fines, or recoverie…

58:10A-14.5. Wastewater Treatment Operators' Training Account There is created in the Department of Environmental Protection a special nonlapsing account, to be known as the "Wastewater Treatment Operators' Training Account." Monies deposited in the account shall be used to provi…

58:10A-14.6. Advisory Committee on Water Supply and Wastewater Licensed Operator Training There is established in the Department of Environmental Protection an Advisory Committee on Water Supply and Wastewater Licensed Operator Training. Committee members shall be appointed by th…

58:10A-15. Legislative findings The Legislature finds that certain halogenated hydrocarbon chemicals and aromatic hydrocarbon chemicals used as sewage system cleaners are a significant and unnecessary source of water pollution and groundwater contamination. These chemicals are to…

58:10A-16. Definitions As used in this act: a. "Sewage system cleaner" means any solid or liquid material intended or used primarily for the purpose of cleaning, treating, degreasing, unclogging, disinfecting or deodorizing any part of a sewage system but excluding those liquid o…

58:10A-17. Sewage system cleaner containing restricted chemical material; distribution or sale, or use, introduction or application; prohibition a. No person shall distribute, sell, offer or expose for sale in this State any sewage system cleaner containing any restricted chemica…

58:10A-18. Regulations; identification and quantification of ingredients; information by manufacturers; deletion or addition to list of restricted chemical material a. The commissioner shall, within 90 days of the effective date of this act, promulgate regulations establishing me…

58:10A-19. Confidentiality of information from manufacturer The commissioner shall hold confidential any information obtained pursuant to subsection b. of section 4 of this act when shown by any manufacturer that the information, if made public, would divulge competitive business…

58:10A-2. Legislative findings and declarations The Legislature finds and declares that pollution of the ground and surface waters of this State continues to endanger public health; to threaten fish and aquatic life, scenic and ecological values; and to limit the domestic, munici…

58:10A-20. Violations; penalties Any person who violates any provision of this act or any rule or regulation promulgated hereunder shall be subject to the provisions of P.L.1977, c. 74, s. 10 (C. 58:10A-10). L.1981, c. 253, s. 6, eff. Aug. 12, 1981.

58:10A-21. Findings, declarations The Legislature finds and declares that millions of gallons of gasoline and other hazardous substances are stored prior to use or disposal, in underground storage tanks; that a significant percentage of these underground storage tanks are leaking…

58:10A-22 Definitions. 2. As used in this act: a. "Commissioner" means the Commissioner of the Department of Environmental Protection; b. "Department" means the Department of Environmental Protection; c. "Discharge" means the intentional or unintentional release by any means of h…

58:10A-23. Registration of underground storage facilities. 3. a. The owner or operator of a facility shall, within 180 days of the effective date of this act, on forms and in a manner prescribed by the commissioner, register that facility with the department. The department may e…

58:10A-24. Permit for modification An owner or operator of a facility proposing to replace, install, expand or substantially modify the facility shall obtain a permit therefor from the commissioner. The commissioner shall not issue a permit unless the owner or operator demonstrat…

58:10A-24.1 No tank services on underground storage tank; exceptions. 1. a. Except as provided in subsection b. of this section, a person shall not perform, except in accordance with the provisions of this act, tank services on an underground storage tank at an underground storag…

58:10A-24.2 Services on underground storage tanks by certified persons; exceptions. 2. a. A business firm shall not engage in the business of performing services on underground storage tanks at underground storage tank sites for purposes of complying with the requirements of P.L.…

58:10A-24.3 Examinations for certification to perform services on underground storage tanks. 3. a. The department shall establish and conduct examinations for certifying that a person is qualified to perform services on underground storage tanks at underground storage tank sites …

58:10A-24.4 Certification, renewal. 4. a. Certification shall be for a three-year period. Renewal of a certification, or recertification, shall be made to the department at least 60 days prior to the expiration date of the certification, and shall be accompanied by evidence of at…

58:10A-24.5 Denial, revocation, etc. of certification. 5. a. The department may deny, suspend, revoke, or refuse to renew a certification for good cause, including: (1) a violation, or abetting another to commit a violation, of any provision of this act, or of P.L.1986, c.102 (C.…

58:10A-24.6. Violations, penalties a. If a person violates any of the provisions of this act or any rule or regulation adopted, or order issued, thereunder, the department may institute a civil action in a court of competent jurisdiction for injunctive or other appropriate relief…

58:10A-24.7 Guidelines, rules, regulations. 7. The Department of Environmental Protection shall, within 120 days of the effective date of this section, establish guidelines to implement the provisions of this act, and shall, within 180 days of the effective date of this section, …

58:10A-24.8 Interim rules, regulations establishing certification program. 8. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Department of Environmental Protection shall adopt, after notice, inter…

58:10A-24.9 Required DEP submissions copied to municipality. 9. Any person who performs tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank shall provide to the governing body of…

58:10A-25. Rules, regulations 5. a. The commissioner shall, within one year of the effective date of P.L.1986, c.102 (C.58:10A-21 et seq.), adopt, pursuant to the "Administrative Procedure Act," rules and regulations which: (1) Establish a schedule for the testing of all faciliti…

58:10A-26. Monthly inspections Monitoring systems shall be installed, maintained, and operated in accordance with the manufacturer's requirements. Each monitoring system shall be inspected at least monthly to determine that it is functionally unimpaired. L. 1986, c. 102, s. 6, ef…

58:10A-27. Inventory records The owner or operator of a facility shall maintain inventory records for each underground storage tank which shall, at a minimum, record daily hazardous substance transfers and a periodic average. These records shall be maintained at the site of the f…

58:10A-28. Leaks, discharges a. If the inventory records maintained pursuant to section 7 of this act or a monitoring system indicates a leak or discharge, the owner or operator of the facility shall, within 24 hours of discovery, notify the department and the appropriate local h…

58:10A-29 Requirements to meet standards for underground storage tanks. 9. a. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (52:14B-1 et seq.), requiring the owner or operator of a facility to meet the standards …

58:10A-29.1 Requirement for contract for leak detection testing. 2. The owner or operator of any underground storage tank with a capacity of over 2,000 gallons used to store heating oil for onsite consumption in a non-residential building who does not meet the deadline for compli…