Title 58, Title 58: WATERS AND WATER SUPPLY

58:27-27. Procurement of wastewater treatment services prior to enactment 9. A public entity may enter into a contract with a private firm or public authority for the provision of wastewater treatment services, the procurement for which contract commenced prior to the effective d…

58:27-3. Definitions As used in this act: a. "Contracting unit" means a county, municipality, municipal or county sewerage or utility authority, municipal sewerage district, joint meeting or any other political subdivision of the State authorized pursuant to law to construct wast…

58:27-4. Contracts authorized The provisions of any other law, or rules and regulations adopted pursuant thereto to the contrary notwithstanding, any contracting unit may enter into a contract with a vendor for the financing, designing, construction, operation, or maintenance, or…

58:27-5 Notice of intent. 5. A contracting unit which intends to enter into a contract with a private vendor for the provision of wastewater treatment services pursuant to the provisions of this act shall notify, at least 60 days prior to issuing a request for qualifications from…

58:27-6. Request for qualifications Upon submitting the notices of intent pursuant to section 5 of this act, a contracting unit may issue a request for qualifications of vendors interested in entering into a contract with the contracting unit for the provision of wastewater treat…

58:27-7. Qualified vendors After reviewing the qualifications submitted by vendors pursuant to section 6 of this act, a contracting unit shall establish a list of all vendors responding to the request for qualifications, and shall designate the vendor or vendors which the contrac…

58:27-8. Request for proposals Upon selecting the qualified vendors pursuant to section 7 of this act, a contracting unit shall transmit a request for proposals to the qualified vendors, which shall include a detailed description of the wastewater treatment system and services re…

58:27-9. Review of proposals; revision A contracting unit shall review proposals submitted by vendors pursuant to section 8 of this act in such a manner as to avoid disclosure of the contents of any proposal to vendors submitting competing proposals. If provided for in the reques…

58:28-1. Definitions 1. As used in this act: "Private firm" means a corporation or other business entity that owns or operates, as of the effective date of this act, an industrial facility engaging in manufacturing operations having a Standard Industrial Classification number wit…

58:28-2. Contracts with private firms for water supply 2. The provisions of any other law, rule or regulation to the contrary notwithstanding, a single municipality which owns and operates a municipal water utility system may, within six months of the effective date of this act, …

58:28-3. Contracts exempt from certain regulation 3. a. Any partnership or copartnership agreement entered into after the effective date of this act pursuant to a contract authorized under section 2 of P.L.1993, c.381 (C.58:28-2) involving a private firm not previously subject to…

58:28-4 Definitions relative to water supply, wastewater treatment services 3. As used in sections 3 through 6 of P.L.2002, c.47 (C.58:28-4 through 58:28-7): "Board" means the Board of Public Utilities. "Concession fee" means a payment from a duly incorporated nonprofit associati…

58:28-5 Published notice of intent to enter into contract 4. a. The governing body of a city of the first class shall publish notice of its intent to enter into a contract pursuant to sections 1 and 2 of P.L.2002, c.47 (C.40A:12-17.1 and 40A:11-5.1) in at least one newspaper of g…

58:28-6 Public hearing on contract 5. a. The governing body of a city of the first class that intends to enter into a contract with a duly incorporated nonprofit association for the provision of water supply services as defined in subsection (16) of section 15 of P.L.1971, c.198 …

58:28-7 Approval, conditional approval of application 6. a. Within 45 days of receipt of the application, the board and division shall approve, or conditionally approve, an application submitted by a governing body pursuant to subsection f. of section 5 of P.L.2002, c.47 (C.58:28…

58:29-1 Short title. 1. This act shall be known and may be cited as the "Watershed Protection and Management Act of 1997." L.1997,c.261,s.1.

58:29-2 Findings, declarations relative to watershed protection and management. 2. The Legislature finds and declares that, on November 5, 1996, the voters overwhelmingly approved an amendment to the New Jersey Constitution dedicating the equivalent of 4 percent of the revenues a…

58:29-3 Definitions relative to watershed protection and management. 3. As used in this act: "Department" means the Department of Environmental Protection; "Federal Act" means the federal "Clean Water Act" (33 U.S.C. s.1251 et seq.); "Total maximum daily load" means the sum of in…

58:29-4 "Watershed Management Fund," established. 4. The "Watershed Management Fund," hereinafter referred to as the "fund," is hereby established as a nonlapsing, revolving fund in the Department of Environmental Protection. The fund shall be credited annually with all monies ap…

58:29-5 Purposes of fund. 5. Monies in the fund shall be used only for the following purposes: a. The development and adoption of a priority list of water quality limited waterbodies pursuant to the requirements of section 303(d)(1)(A) of the Federal Act (33 U.S.C. s.1313); b. Th…

58:29-6 Loan and grant program. 6. a. (1)The department shall establish a loan and grant program to assist watershed management groups in the funding of watershed management activities. A watershed management group may apply to the department for a loan or grant pursuant to this …

58:29-7 Use of appropriated funds. 7. a. Any monies appropriated to the department pursuant to Article VIII, Section II, paragraph 6, subparagraph (a) of the New Jersey Constitution, and deposited in the fund, shall be used to support the purposes set forth in section 5 of this a…

58:29-8 Annual appropriation to municipalities for lands subject to moratorium on conveyance of watershed lands. 1. There shall be appropriated each State fiscal year from the "Highlands Protection Fund" created pursuant to section 19 of P.L.2004, c.120 (C.54:1-85) to each munici…

58:30-1 Short title. 1. Sections 1 through 9 of this act shall be known and may be cited as the "Water Infrastructure Protection Act." L.2015, c.18, s.1.

58:30-2 Findings, declarations relative to water and wastewater treatment and conveyance systems. 2. The Legislature finds and declares that: a. The maintenance and operation of water and wastewater treatment and conveyance systems is vital to ensuring the protection of water qua…

58:30-3 Definitions relative to water and wastewater treatment and conveyance systems. 3. As used in this act, "Board" means the Board of Public Utilities. "Capable private or public entity" means any private or public water system owner who, at the time of submitting a proposal …

58:30-4 Sale, long-term lease of assets. 4. If an owner determines that emergent conditions exist, the owner may long-term lease or sell its water or wastewater assets to a capable private or public entity pursuant to the provisions of sections 5 through 9 of P.L.2015, c.18 (C.58…

58:30-5 Determination of existence of emergent conditions. 5. a. The determination that emergent conditions exist shall be made by certification of the mayor, the mayor's designee of the municipality, and a licensed engineer. b. Emergent conditions shall exist if at least one of …

58:30-6 Request for qualifications. 6. a. A request for qualifications from a capable private or public entity wishing to be considered for the long-term lease or sale of the owner's system shall be advertised after the emergent conditions certification pursuant to subsection e. …

58:30-7 Negotiations for a contract for lease or sale. 7. a. After the designated respondent is selected, negotiations for a contract for the lease or sale of the water or wastewater assets may commence between the owner and the designated respondent. b. (1) Every proposed contra…

58:30-8 Contract for long-term lease or sale. 8. After the proposed contract and proposed use of proceeds have been approved pursuant to subsection c. of section 7 of P.L.2015, c.18 (C.58:30-7), the governing body of the owner may, by resolution adopted by at least two-thirds of …

58:30-9 Requirements for contractor, subcontractor. 9. Any contractor or subcontractor hired by the designated respondent, in the performance of a contract entered into pursuant to section 8 of P.L.2015, c.18 (C.58:30-8), shall: a. (1) be paid, or pay any worker employed by the c…

58:31-1 Short title. 1. This act shall be known and may be cited as the "Water Quality Accountability Act." L.2017, c.133, s.1.

58:31-10 Report card publication on website. 9. No later than one year after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), and annually thereafter, the department shall develop and publish on its Internet website a report card for each water purveyor in the State, i…

58:31-10.1 Public access, mitigation plan, certification, report, asset management, water purveyors. 1. a. The department shall publish on its Internet website, in an easily accessible format, and update as appropriate: (1) each mitigation plan submitted by a water purveyor pursu…

58:31-11 Report to the Governor. 10. No later than 18 months after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), and every three years thereafter, the department shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14…

58:31-12 Rules, regulations. 11. The department and the board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to carry out the provisions of P.L.2017, c.133 (C.58:31-1 et seq.). L.2021, c.26…

58:31-2 Definitions relative to operation, management of public water systems. 2. As used in P.L.2017, c.133 (C.58:31-1 et seq.): "Board" means the Board of Public Utilities. "Cybersecurity incident" means an event occurring on or conducted through a computer network that jeopard…

58:31-3 Inspections, testing by water purveyor. 3. a. Each water purveyor shall inspect each valve in its public community water system in accordance with the provisions of subsection b. of this section in order to determine (1) accessibility of the valve for operational purposes…

58:31-4 Development of cybersecurity system; exemptions. 4. a. Within 120 days after the effective date of P.L.2017, c.133 (C.58:31-1 et seq.), each water purveyor shall develop a cybersecurity program, in accordance with requirements established by the New Jersey Cybersecurity a…

58:31-4.1 Update of cybersecurity program; revision; proof of compliance; audit. 3. a. In addition to the requirements of section 4 of P.L.2017, c.133 (C.58:31-4), and the requirements established by the board pursuant thereto, no later than 180 days after the effective date of P…

58:31-4.2 Purveyor's water report; audit. 4. a. Beginning 90 days after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), a water purveyor shall report to the New Jersey Cybersecurity and Communications Integration Cell, promptly after an employee is made aware of a cyb…

58:31-5 Violations; mitigation. 5. In addition to any other requirements in law, or any rule or regulation adopted pursuant thereto, whenever a water purveyor is issued , pursuant to section 10 of P.L.1977, c.224 (C.58:12A-10) , three notices of violation for any reason or two no…

58:31-6 Additional certifications. 6. a. In addition to any other certifications required pursuant to law, rule, or regulation, the responsible corporate officer of the public community water system, if privately held, executive director, if an authority, or mayor or chief execut…

58:31-7 Asset management plan; report. 7. a. Beginning no later than 18 months after the effective date of P.L.2017, c.133 (C.58:31-1 et seq.), every water purveyor shall implement an asset management plan designed to inspect, maintain, repair, and renew its infrastructure consis…

58:31-8 Asset management plan revision. 7. a. In addition to the requirements of section 7 of P.L.2017, c.133 (C.58:31-7), no later than 18 months after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), each water purveyor shall revise its asset management plan develope…