Title 58, Title 58: WATERS AND WATER SUPPLY

58:10-23.11d4. Renewal of plans Each DPCC plan and contingency plan shall be renewed every five years with the department unless the department requires a more frequent submission. Applications for plan renewals shall be accompanied by a summary of all unauthorized discharges at …

58:10-23.11d5. Retention of evidence of financial responsibility of cleanups. The owner or operator of a major facility or transmission pipeline shall, at all times, retain on file with the department evidence of financial responsibility for cleaning up and removing a discharge o…

58:10-23.11d6. Regulation of submitted plans, renewals, amendments The department shall prescribe, by regulation, the manner, form and contents of the plans, renewals, amendments, and other submissions required to be filed pursuant to P.L.1990, c.78 (C.58:10-23.11d1 et al.) so as…

58:10-23.11d7. Filing of plans with local emergency prevention or planning committees A copy of a DPCC plan and contingency plan, or plan renewal, and all plan amendments shall be filed by the owner or operator of a major facility or transmission pipeline with the local emergency…

58:10-23.11d8. Distribution of submission, filing of plans The owner or operator of a major facility or transmission pipeline who has on file with the department as of the date of adoption of rules or regulations pursuant to section 14 of P.L.1990, c.78 (C.58:10-23.11d14) a DPCC …

58:10-23.11d9. Review of plans filed a. Except as otherwise provided in subsection b. of this section, the department shall, as soon as practicable, but not later than six months following a filing of a DPCC plan, contingency plan, or a renewal thereof, or, in the case of plan am…

58:10-23.11e. Person responsible for discharge; notice to department Any person who may be subject to liability for a discharge which occurred prior to or after the effective date of the act of which this act is amendatory shall immediately notify the department. Failure to so no…

58:10-23.11e1. Hazardous discharge by aircraft to be reported Whenever an aircraft discharges fuel into the airspace over the land or waters of this State, the operator shall note the amount of fuel discharged, location in flight path of the discharge, wind speed and direction, a…

58:10-23.11e2 Publication of information relative to contribution suit settlement. 2. At least 60 days prior to its agreement to any administrative or judicially approved settlement entered into pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.), the Department of Environmental …

58:10-23.11f Cleanup and removal of hazardous substances. 7. a. (1) Whenever any hazardous substance is discharged, the department may, in its discretion, act to clean up and remove or arrange for the cleanup and removal of the discharge or may direct the discharger to clean up a…

58:10-23.11f1 Illumination for non-daylight hazardous substance transfers An owner or operator of a refinery, storage, transfer terminal, or pipeline facility, or a vessel that transports a hazardous substance, shall provide during non-daylight hours illumination for any transfer…

58:10-23.11f10. Definitions 3. As used in this act: "Department" means the Department of Environmental Protection. "Division" means the Division of Purchase and Property within the Department of the Treasury. "Engineering services" means services or creative work such as consulta…

58:10-23.11f11. Indemnification of the contractor; conditions 4. As part of a response action contract awarded by or on behalf of the department, the department may agree to defend and indemnify the contractor against claims and judgments for death or bodily injury to persons or …

58:10-23.11f12. Indemnification agreements 5. a. An indemnification agreement entered into between the State and a response action contractor shall specify and allocate the responsibility of the parties for the payment of claims or judgments covered by the indemnification agreeme…

58:10-23.11f13. Initiation of defense and indemnification, cooperation 6. A contractor shall not, except for good and substantial cause, be entitled to legal defense and indemnification by the Attorney General pursuant to this act unless within 10 calendar days of receipt of any …

58:10-23.11f14. Notice of claim, periods of limitations 7. a. Notwithstanding the provision of any other law to the contrary, a person shall be barred from recovering against a response action contractor indemnified pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.) for injury …

58:10-23.11f15. Representation other than by Attorney General; intervention 8. a. In the event the Attorney General determines that (1) appearing and defending a contractor pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.) involves an actual or potential conflict of interest b…

58:10-23.11f16. Submission of judgment to Attorney General 9. A certified copy of any judgment or settlement entered into pursuant to section 8 of P.L.1991, c.373 (C.58:10-23.11f15) shall be submitted to the Attorney General for a determination as to whether the judgment is final…

58:10-23.11f17. Award for damages 10. A judgment or settlement against a contractor, where indemnification is provided shall be subject to such applicable limitations or conditions as are set forth in N.J.S.59:9-2 through 59:9-5. In determining the amount of an award for damages …

58:10-23.11f18. Subrogation; construction with other law 11. a. The State is subrogated to any rights of a claimant paid by the State for an indemnified claim or judgment, including court and legal costs, against a discharger or person in any way responsible for a discharge pursu…

58:10-23.11f19. Performance surety bond 17. a. When hazardous substance remediation is to be undertaken under contract with the department, and a surety bond is required pursuant to N.J.S.2A:44-143, the officer or agent contracting on behalf of the department shall require a perf…

58:10-23.11f2. Transfer of hazardous liquids regulated a. On the 31st day following the adoption of rules and regulations pursuant to section 5 of this act, no owner or operator of a refinery, storage, transfer terminal, or pipeline facility, or a vessel while in the waters of th…

58:10-23.11f20. Rules, regulations 19. Within 120 days of the effective date of this act, the State Treasurer and the Attorney General as necessary shall, pursuant to "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), respectively adopt rules and regulations to…

58:10-23.11f21. Act not applicable to certain contracts or agreements 20. The provisions of this amendatory and supplementary act shall not affect any contract or agreement for legal defense and indemnification entered into by the Department of Environmental Protection with a con…

58:10-23.11f22 Owners of certain contaminated real property, immunity from liability. 1. a. The provisions of any other law, or any rule or regulation adopted pursuant thereto to the contrary notwithstanding, a person, who owns real property acquired on or after the effective dat…

58:10-23.11f3. Identification of hazardous liquids; use of containment device; prevention, response measures a. The department shall identify individual or categories or classes of hazardous liquids, or the circumstances of a transfer of a hazardous liquid for which a containment…

58:10-23.11f4. County, municipal ordinances etc., superseded Any ordinance, resolution, or regulation of a county or municipality inconsistent with the provisions of this act, including rules and regulations adopted hereunder, shall be of no effect upon final adoption of rules an…

58:10-23.11f5. Violations, penalties Any person violating the provisions of this act shall be subject to the penalty and injunctive relief provisions of section 22 of P.L.1976, c.141 (C.58:10-23.11u). L.1990,c.76,s.4.

58:10-23.11f6. Rules, regulations Within one year of the effective date of this act, the department shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of this act. Nothing in …

58:10-23.11f7. Use of New Jersey Spill Compensation Fund monies for program costs The department may use monies from the New Jersey Spill Compensation Fund, as authorized pursuant to paragraph (2) of subsection b. of section 9 of P.L.1976, c.141 (C.58:10-23.11h), for program cost…

58:10-23.11f8. Short title 1. This act shall be known and may be cited as the "Hazardous Substance Response Action Contractors Indemnification Act." L.1991,c.373,s.1; per s.22, section expired January 10, 1995.

58:10-23.11f9. Findings and declarations 2. The Legislature finds and declares that it is the public policy of this State to safely and expeditiously handle, treat, remove and dispose of hazardous substances released or spilled to the environment or at hazardous waste sites where…

58:10-23.11g Liability for cleanup and removal costs. 8. a. The fund shall be strictly liable, without regard to fault, for all cleanup and removal costs and for all direct and indirect damages no matter by whom sustained, including but not limited to: (1) The cost of restoring, …

58:10-23.11g1. Hazardous discharge cleanup liability 1. The provisions of P.L. 1976, c. 141 (C. 58:10-23.11 et seq.), or any other law, rule or regulation to the contrary notwithstanding, the liability of any person performing hazardous discharge mitigation or cleanup services in…

58:10-23.11g10. Discharges on certain public property; definitions 1. a. As used in this section: "Governmental unit" means the State, a municipality, county, or other political subdivision of the State, or any agency thereof authorized to administer, protect and maintain lands o…

58:10-23.11g11. Immunity from liability for certain discharges 6. Any person who has a defense to liability pursuant to paragraphs (2) and (5) of subsection d. of section 8 of P.L.1976, c.141 (C.58:10-23.11g) shall not be liable for the payment of compensation for damage to, or l…

58:10-23.11g12 Exemption from liability for cleanup and removal costs, certain; limitations. 2. a. (1) Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g), any rule or regulation adopted pursuant thereto, or any other law to the contrary, any person wh…

58:10-23.11g2. Owners, operators of vessels shall assure financial resources for cleanup costs, enforcement The owners and operators of vessels shall establish and maintain evidence of financial responsibility for the purpose of assuring adequate financial resources to pay for th…

58:10-23.11g3. No liability for cleanup and removal costs for actions taken with respect to discharge of petroleum 1. a. Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g) or any other law, including common law, to the contrary, a person is not liable…

58:10-23.11g4. Definitions 1. For purposes of sections 1 through 5 of P.L.1993, c.112 (C.58:10-23.11g4 through 58:10-23.11g8): "Active participation in the management" or "participation in the management" means actual participation in the management or operational affairs by the …

58:10-23.11g5. Liability for cleanup costs, damages 2. A person who maintains indicia of ownership of a vessel, facility, or underground storage tank facility primarily to protect a security interest in a vessel, facility, or underground storage tank facility and who does not par…

58:10-23.11g6. Status and liability of holders after foreclosure 3. The indicia of ownership, held after foreclosure, continue to be maintained primarily as a protection for a security interest provided that the holder did not participate in management prior to foreclosure and th…

58:10-23.11g7. Departmental rights retained; violations, penalties 4. a. Nothing in sections 1 through 5 of P.L.1993, c.112 (C.58:10-23.11g4 through 58:10-23.11g8) shall be deemed to prohibit or limit the rights of the Department of Environmental Protection to clean up a property…

58:10-23.11g8. Environmental inspection not required 5. Nothing in sections 2 through 4 of this act shall be construed to require a holder of a security interest to conduct or require an environmental inspection and the liability of the holder of the security interest pursuant to…

58:10-23.11g8a. Compliance not required; loss of exemption 33. A holder of an interest in an underground storage tank shall not be required to comply with the provisions of P.L.1986, c.102 (C.58:10A-21 et seq.) unless the holder loses the exemption under P.L.1993, c.112 (C.58:10-…

58:10-23.11g9. Obligations of trusts, estates 6. In the event of the discharge of a hazardous substance from a vessel, facility, or underground storage tank facility, which vessel, facility , or underground storage tank facility is all or part of a trust, receivership estate, gua…