Title 58, Title 58: WATERS AND WATER SUPPLY

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…

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. "Acc…

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…

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 f…

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 ins…

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…

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 …

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 incom…

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…

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 certifica…

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 …

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 …

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 …

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 con…

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 pr…

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 sys…

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 Ac…

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 …

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 certif…

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 pers…

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 …

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 installat…

58:11-42. Effective date This act shall take effect September 1, 1954. L.1954, c. 199, p. 753, s. 20.

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 b…

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 …

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 crit…

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 municipaliti…

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 wit…

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.

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 in…

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 treatmen…

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 disch…

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 dis…

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 o…

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 coll…

58:11-53. Enforcement by agencies; application by users; rules and regulations; inspection For the purpose of enforcing the provisions of this act and the rules and regulations adopted pursuant thereto, the municipalities, authorities, commissions, or any public bodies or agencie…

58:11-54. Violations; injunction If any person, corporation or municipality violates any of the provisions of this act or rules and regulations promulgated thereunder, the department or any county, municipality, authority, commission, or any other public body or agency owning, op…

58:11-55. Enforcement a. Any person, corporation, or municipality who shall violate any of the provisions of this act or any rules or regulations promulgated thereunder shall be subject to the applicable provisions of section 10 of P.L.1977, c.74 (C.58:10A-10) and section 6 of P.…

58:11-56. Violations; closing off of use of sewerage connections If any county, municipality, authority, commission, or other public body or agency owning, operating or controlling, separately or jointly, a public sewage treatment plant or the department finds that any person, co…

58:11-57. Necessity for issuance of permit for use if capacity of plant exceeded; additional pretreatment standards Nothing in this act shall be construed as requiring any public sewage treatment plant to grant a connection or permit the discharge into its treatment facilities of…

58:11-58. Severability 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 without the invalid provision or application, and to this end …

58:11-59 Failure to comply by small water, sewer companies. 1. a. Whenever a small water company or a small sewer company, or both, are found to have failed to comply with any unstayed order of the Department of Environmental Protection concerning the availability of water, the p…

58:11-60 Compensation for acquisition of small water, sewer company. 2. a. Compensation for the acquisition of a small water company, small sewer company, or both, shall be determined: (1) By agreement between the parties, subject to the approval of the Board of Public Utilities,…

58:11-61 Order for acquisition of small water, sewer company. 3. a. The Department of Environmental Protection and the Board of Public Utilities, upon a determination that the costs of improvements to and the acquisition of the small water company, small sewer company, or both, a…

58:11-62 Acquisition, improvements to assure compliance. 4. Any water company, sewer company, municipal utilities authority or other suitable public or private entity which receives an order pursuant to section 3 of P.L.1981, c.347 (C.58:11-61) shall acquire the small water compa…

58:11-63 Collection of differential rate from customers of acquired company. 1. Whenever the Department of Environmental Protection and the Board of Public Utilities order the acquisition of a small water company, small sewer company, or both, by the most suitable public or priva…