Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1K-11.10 Notification of transfer, avoidance of penalty. 21. a. Any person who, prior to the effective date of P.L.1993, c.139, violated the provisions of P.L.1983, c.330 by closing operations or transferring ownership or operations of an industrial establishment without recei…

13:1K-11.11. Audit of negative declarations and remedial action workplans 22. a. Within one year of the effective date of P.L.1993, c.139, the Department of Environmental Protection and Energy shall conduct an audit of the negative declarations and remedial action workplans that …

13:1K-11.2 Application for expedited review. 13. a. The owner or operator of an industrial establishment planning to close operations or transfer ownership or operations of an industrial establishment may, in lieu of complying with the provisions of subsection b. of section 4 of …

13:1K-11.3. Application for limited site review 14. a. The owner or operator of an industrial establishment planning to close operations or transfer ownership or operations of the industrial establishment may, in lieu of complying with the provisions of subsection b. of section 4…

13:1K-11.4. Application for area of concern waiver 15. a. The owner or operator of an industrial establishment who is required to perform a remediation at an industrial establishment pursuant to subsection b. of section 4 of P.L.1983, c.330 (C.13:1K-9) may apply to the department…

13:1K-11.5. Application for closing, transfer when remediation is already in progress 16. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at an industrial establishment without obtaining d…

13:1K-11.6. Application for closing, transfer when discharges are from regulated underground storage tank 17. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at an industrial establishment…

13:1K-11.7. Application for closing, transfer when discharges are of minimal environmental concern. 18. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at an industrial establishment witho…

13:1K-11.8. Application for certificate of limited conveyance 19. a. The owner of an industrial establishment may transfer a portion of the real property on which an industrial establishment is situated without conducting a remediation of the entire industrial establishment pursu…

13:1K-11.9. Responsibilities of owner as landlord, operator as tenant 20. a. Where the owner of an industrial establishment is a landlord and the operator of the industrial establishment is a tenant, the landlord shall be responsible for providing any information that is requeste…

13:1K-12. Obligations imposed by act not affected by bankruptcy proceedings and constitute continuing regulatory obligations imposed by state No obligations imposed by this act shall constitute a lien or claim which may be limited or discharged in a bankruptcy proceeding. All obl…

13:1K-13 Grounds for voiding sale. 8. Failure of the transferor to perform a remediation and obtain department approval thereof as required pursuant to the provisions of this act is grounds for voiding the sale or transfer of an industrial establishment or any real property utili…

13:1K-13.1 Violations; actions, penalties. 3. a. Whenever the Commissioner of Environmental Protection finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant thereto, or knowingly makes a false statement, representation, or certific…

13:1K-14. Residential property contaminated with radon gas or radon progeny; inspection and testing; removal; certification; costs a. The Department of Environmental Protection shall, upon a determination after inspection and testing that the premises of any residential property …

13:1K-15. Definitions As used in this act: a. "Hazardous substances" means those elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection, after public hearing, and which shall be consistent to the maximum exten…

13:1K-16. Industrial establishment; owners' or operators' inspection and reporting requirement; violations; penalty; injunctions; liability of reporter a. An owner or operator of an industrial establishment, or real property which once was the site of an industrial establishment …

13:1K-17. Notice to local bodies and verification of hazardous discharge; list of reported discharges; notification of department by local bodies a. When the Department of Environmental Protection obtains any information which leads it to suspect that a hazardous discharge has oc…

13:1K-18. Rules and regulations The department shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) the rules and regulations necessary to carry out the provisions of this act. L.1984, c. 210, s. 4, eff. Dec. 10, 1984.

13:1K-19. Short title This act shall be known and may be cited as the "Toxic Catastrophe Prevention Act." L. 1985, c. 403, s. 1, eff. Jan. 8, 1986.

13:1K-2. Seizure of conveyance When in the presence of a law enforcement officer, a department official shall seize and secure any such conveyance upon process issued pursuant to a summary hearing and upon a determination that such conveyance was used in violation of this act by …

13:1K-20. Findings, declarations The Legislature finds and declares that a number and variety of industrial facilities and related operations generate, store, handle, and transport extremely hazardous substances; that some of those operations may represent a catastrophic threat t…

13:1K-21. Definitions As used in this act: a. "Extraordinarily hazardous accident risk" means a potential for release of an extraordinarily hazardous substance into the environment, which could produce a significant likelihood that persons exposed may suffer acute health effects …

13:1K-22. Extraordinarily hazardous substance list a. The following chemicals or chemical compounds, in the quantities indicated, shall constitute the initial extraordinarily hazardous substance list: hydrogen chloride (HCl) and allyl chloride in quantities of 2,000 pounds or mor…

13:1K-23. Risk management program a. If the owner or operator of a facility that submitted a registration form pursuant to section 4 of this act has established a risk management program, the department shall provide for the submission and review of the risk management program be…

13:1K-24. Risk reduction work plan Upon review of all registrations and accompanying materials submitted pursuant to this section, the department shall, in cooperation with the facility owner or operator, develop an Extraordinarily Hazardous Substance Risk Reduction Work Plan for…

13:1K-25. Accident risk assessment The owner or operator of every facility registered with the department pursuant to section 4 of this act shall submit those operations in the facility concerned with the generation, storage, handling or safeguarding of any extraordinarily hazard…

13:1K-26. Risk reduction plan; review, hearing a. Upon review of the Extraordinarily Hazardous Substance Accident Risk Assessment for each facility, the department shall, if appropriate, order the owner or operator of the facility to undertake an extraordinarily hazardous substan…

13:1K-27. Right-of-entry; recordkeeping a. The department has the right to enter any facility at any time in order to verify compliance with the provisions of this act and the quality of all work performed pursuant to this act except that facility owners or operators shall be und…

13:1K-28. Insurance information release a. The department may institute an administrative procedure to determine whether an owner of a facility which generates, stores, or handles any extraordinarily hazardous substances should be required to authorize the insurance carrier or ca…

13:1K-29. Internal management of confidential information a. The department shall, pursuant to regulation, adopt principles, guidelines, and procedures governing the internal management of confidential information supplied to the department pursuant to this act. The regulations s…

13:1K-3. Status and disposition of confiscated or detained property Property confiscated or detained pursuant to this act shall be deemed to be in the custody of the State and subject only to the judgments and orders of the court. Whenever property is seized under this provision …

13:1K-30. Violations; penalties a. If any person violates any of the provisions of sections 4 through 8 of this act or any rule, regulation or order promulgated or issued pursuant thereto, the department may institute a civil action in a court of competent jurisdiction for injunc…

13:1K-31. Fee schedule The department is authorized to charge and collect fees from facility owners registered pursuant to section 4 of this act, in accordance with a schedule adopted as a rule or regulation, which schedule shall reflect the costs to the department of reviewing i…

13:1K-32. Involvement of other entities The department shall make every effort to involve hazardous materials advisory councils, where they exist; local government officials, and other pertinent entities in explaining actions taken in regard to facilities in their areas. Local or…

13:1K-33. Hazardous material discharge initial emergency response training program Within 180 days of the effective date of this act and annually thereafter, the Division of State Police in the Department of Law and Public Safety and the Department of Environmental Protection sha…

13:1K-34. Purpose of program The hazardous material discharge training program shall be designed to enable its participants to competently: a. Verify if a hazardous material discharge has occurred; b. Identify the type and amount of the hazardous material; c. Insure timely notifi…

13:1K-35. Annual appropriation for continued implementation of program There shall be annually appropriated to the Division of State Police in the Department of Law and Public Safety from the General Fund such sums as the Legislature deems necessary to continue implementing this …

13:1K-36 Findings, declarations, determinations relative to sale, use, burning of creosote. 1. The Legislature finds and declares that creosote, commonly used as a wood preservative to repel insects and prevent rot and water damage of wood and wooden structures, is a hazardous su…

13:1K-37 "Creosote," "utility company" defined. 2. As used in this act: "Creosote" means the substance produced by the high temperature treatment of coal tar and used primarily as a wood preservative. "Utility company" means any public utility company as defined by R.S.48:2-13. L…

13:1K-38 Sale, use of certain creosote products prohibited. 3. On or after July 1, 2007 neither creosote nor any wood or other product treated with or containing creosote shall be sold, offered for sale, or used in this State. Nothing in this section shall prohibit the removal, d…

13:1K-39 Burning, disposal of certain creosote products prohibited. 4. On or after July 1, 2007 neither creosote nor any wood or other product treated with or containing creosote shall be burned in any manner in this State, including in fireplaces and stoves, or shall be disposed…

13:1K-4. Disposition after forfeiture Whenever any property is forfeited under this act, its disposition shall be determined at the discretion of the commissioner including official use by the department, or referral to the Director of the Division of Purchase and Property for di…

13:1K-40 Inapplicability of act. 5. The provisions of this act shall not apply to: a. the operation, use or maintenance of railroad and railroad shipping facilities, including but not limited to, the right of way, tracks, track siding, team tracks and bridges; or b. the operation…

13:1K-41 Violations, penalties, civil actions. 6. a. Any person who violates this act shall be subject to a civil penalty of $500 for the first offense and $1,000 for the second or subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty En…

13:1K-42 Rules, regulations; temporary waivers. 7. a. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations, as appropriate, to implement the provisions of this act. b. T…

13:1K-43 Definitions; Department of Environmental Protection, program established, provide for the collection, safe disposal, Class B firefighting foams containing intentionally added PFAS, certain. 2. a. As used in this section: "Class B firefighting foam" means the same as defi…