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

13:1D-35. Short title 1. Sections 1 through 16 of this act shall be known, and may be cited, as the "Pollution Prevention Act." L.1991,c.235,s.1.

13:1D-36. Findings, declarations 2. The Legislature finds and declares that thousands of tons of a multitude of hazardous substances, the environmental and health effects of which are largely unknown, are discharged into the environment of the State each year; that most of these …

13:1D-37 Definitions. 3. As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection. "Consume" means to change or alter the molecular structure of a hazardous substance within a production process. "Department" means the Department of…

13:1D-38. Office of Pollution Prevention established; programs; reports 4. a. There is established in the Department of Environmental Protection the Office of Pollution Prevention. The office shall be under the immediate supervision of an administrator appointed by the commission…

13:1D-4. Division of fish, game and shell fisheries; fish and game council; shell fisheries council a. All the functions, powers and duties of the Division of Fish and Game of the existing Department of Conservation and Economic Development, of the Fish and Game Council therein, …

13:1D-40. Rules, regulations 6. a. Within 18 months of the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this act. b. Within 1…

13:1D-41. Information required in pollution prevention plan 7. a. The information required by the department in a pollution prevention plan shall cover the previous calendar year and be reported in two parts. b. Part I of a pollution prevention plan shall consist of a comprehensi…

13:1D-42. Preparation of pollution prevention plan, submission of summary; progress reports 8. a. The owner or operator of each priority industrial facility having a Standard Industrial Classification, as designated by the federal Office of Management and Budget, within Major Gro…

13:1D-43. Department authorized to require submission of pollution prevention plan, summary, progress report 9. a. The department shall have the authority to require the owner or operator of a priority industrial facility to prepare and submit a pollution prevention plan and subm…

13:1D-44. Department may direct owner of non-priority industrial facility to submit pollution prevention plan, summary, progress report 10. a. The department, pursuant to the criteria established in rules and regulations adopted pursuant to subsection c. of section 6 of this act,…

13:1D-45. Department research on pollution prevention trends 11. The department shall conduct research on pollution prevention trends within each of the Standard Industrial Classification industry groups represented by priority industrial facilities. This research shall include a…

13:1D-46. Department may enter industrial facility to obtain information about pollution prevention practices 12. The department may enter any industrial facility for the purpose of obtaining information concerning the industrial facility's pollution prevention practices, reviewi…

13:1D-47. Omission of trade secrets from pollution plan, summary 13. a. Any owner or operator of an industrial facility required to prepare a pollution prevention plan and submit to the department a pollution prevention plan summary may omit from the pollution prevention plan or …

13:1D-48. Designation of priority industrial facilities to receive permit 14. a. Within 18 months of adoption of the rules and regulations required pursuant to section 6 of this act, the department shall designate no fewer than 10 but not more than 15 individual priority industri…

13:1D-49. Violations, penalties 15. a. Whenever, on the basis of information available to the commissioner, the commissioner finds that a person is in violation of this act, the commissioner shall: (1) Issue an order in accordance with subsection b. of this section requiring the …

13:1D-5. Division of environmental quality The Division of Clean Air and Water established by Executive Notice No. 109, dated February 16, 1967, and Executive Notice No. 132 dated July 1, 1968 of the State Commissioner of Health pursuant to P.L.1947, chapter 177, section 5 (C. 26…

13:1D-50. "Pollution Prevention Fund" established 16. There is established in the department a nonlapsing fund to be known as the "Pollution Prevention Fund," hereinafter referred to as "the fund." The fund shall be credited with all fees imposed and collected by the Department o…

13:1D-51. Definitions 1. As used in sections 1 through 7 of this amendatory and supplementary act: "Commissioner" means the Commissioner of the Department of Environmental Protection. "Convey" means to sell, exchange, lease for a term of 25 years or more, grant, or agree to sell,…

13:1D-52. Conditions for conveyance of lands; fees 2. a. No lands acquired or developed by the State with Green Acres funds, or acquired or developed by the State in any other manner and administered by the Department of Environmental Protection, or any agency of the department, …

13:1D-53. Notice of public hearing 3. In addition to any other applicable requirements of law, rule, or regulation, the department shall provide notice of any public hearing required pursuant to paragraph (4) of subsection a. of section 2 of this amendatory and supplementary act …

13:1D-54. Information included in notices 4. The department shall include the following information in all notices required pursuant to section 3 of this amendatory and supplementary act: a. A general description and the location of the lands proposed to be conveyed, including th…

13:1D-55. Submission of summary, transcripts of public hearing 5. The appropriate agency, division, or office within the department conducting a public hearing required pursuant to paragraph (4) of subsection a. of section 2 of this amendatory and supplementary act shall submit t…

13:1D-56. Valuation of lands; terms as covenants running with the land 6. a. For the purpose of determining the amount of consideration to be paid or transferred to the State in exchange for conveying lands acquired or developed by the State with Green Acres funds, or acquired or…

13:1D-57. Disposition of proceeds; management of lands 7. a. Except as provided pursuant to section 8 of P.L.1983, c.324 (C.13:1L-8) and sections 1 and 3 of P.L.1958, c.93 (C.23:8A-1 and C.23:8A-3), any proceeds obtained from the conveyance of lands acquired or developed by the S…

13:1D-58 Nonapplicability of C.13:1D-51 et seq.; hearing, determination. 1. a. The provisions of P.L.1993, c.38 (C.13:1D-51 et seq.) shall not apply in the case of conveyances by the State or the department involving an exchange of lands within the pinelands area, as defined in s…

13:1D-6. Director of division of environmental quality The Director of the Division of Environmental Quality shall be appointed by the commissioner, subject to the approval of the Governor, and shall serve at the pleasure of the commissioner. The director shall receive such salar…

13:1D-64 "Antifreeze" defined. 1. As used in this act: "Antifreeze" means any substance intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its fre…

13:1D-65 Addition of bittering agent required. 2. a. Any engine coolant or antifreeze manufactured on or after January 1, 2011 and subsequently sold in this State, and that contains more than 10 percent ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts p…

13:1D-66 Immunity from liability. 3. A manufacturer, processor, seller, distributor, or recycler of engine coolant or antifreeze that is required pursuant to this act to include a bittering agent shall not be liable to any person for any personal injury, death, damage to property…

13:1D-67 Inapplicability. 4. The provisions of this act shall not apply to any of the following: a. the sale of a motor vehicle that contains engine coolant or antifreeze; or b. a whole container of engine coolant or antifreeze containing 55 gallons or more of engine coolant or a…

13:1D-68 Violations, penalties relative to violations of C.13:1D-65. 1. a. Any person who violates any provision of section 2 of P.L.2009, c.277 (C.13:1D-65) shall be subject to a civil penalty of up to $500 , to be collected by the Commissioner of Environmental Protection in a c…

13:1D-69 Construction of act relative to C.13:1D-65. 2. Nothing set forth in P.L.2009, c.277 (C.13:1D-64 et seq.) shall be construed as creating, establishing, or authorizing a private cause of action by an aggrieved person against a person who has violated, or is alleged to have…

13:1D-7. Department of health, transfer of certain functions; clean air council; clean water council; commission on radiation protection a. All the functions, powers and duties heretofore exercised by the Department of Health, the commissioner thereof, and of the Public Health Co…

13:1D-70 Tax credits, low embodied carbon concrete, Department of Environmental Protection, Division of Taxation, Department of the Treasury; report to Governor, Legislature; definitions. 1. a. The Department of Environmental Protection, in consultation with the Director of the D…

13:1D-71 Definitions. 12. As used in sections 12 through 14 of this act: “Department” means the Department of Environmental Protection. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that include any member of the class of fluorinated organic chemicals…

13:1D-72 Management of PFAS, education, and reporting to the Governor and Legislature. 13. a. No later than one year after the effective date of this act, the department shall establish and implement a source reduction program to reduce the presence of PFAS in the State’s air, wa…

13:1D-73 PFAS-related research, monitoring, and environmental testing. 14. a. The department shall conduct PFAS-related research and comprehensive monitoring and testing of the presence and impact of PFAS on the environmental media within the State, including air, ground and surf…

13:1D-8. Department of agriculture; transfer of certain functions All the functions, powers and duties heretofore exercised by the Department of Agriculture, the Secretary thereof, and the State Chemist therein, pursuant to the "Economic Poison Act of 1951," P.L.1951, chapter 316…

13:1D-9 Powers of department. 12. The department shall formulate comprehensive policies for the conservation of the natural resources of the State, the promotion of environmental protection and the prevention of pollution of the environment of the State. The department shall in a…

13:1D-9.1. Definitions 1. As used in this act: "Department" means the Department of Environmental Protection. "Fee" means any fee, assessment or other charge imposed by the department pursuant to any law, rule or regulation for licenses, permits or other approvals, or for regulat…

13:1D-9.2. Report on department fees, requirements 2. On or before December 31, 1991 and December 31 of each year thereafter, the department shall submit to the Governor, the Legislature, and the State Auditor a written report setting forth information concerning the imposition, …

13:1D-9.3. Environmental Program Fee Fund 3. Notwithstanding any law, rule or regulation to the contrary, and beginning with each State fiscal year commencing on and after July 1 next following the effective date of this act, there shall be established in the department a non-lap…

13:1D-9.4 New Jersey "Landowner of the Year" award program. 1. a. The Department of Environmental Protection , in coordination with any agricultural or wildlife organization as determined appropriate by the department, shall establish and promote an award program to be known as t…

13:1D-9.5 Community garden grant program established. 1. a. The Department of Environmental Protection, in consultation with the Department of Agriculture, and within the limits of monies appropriated for such purposes, shall establish a program to provide grants to local governm…

13:1D-9.6 Findings, declarations. 1. The Legislature finds and declares that: a. Sustainability training and support programs offered to local governments, school districts, and other governmental entities have been shown to result in significant cost savings to those who adopt s…

13:1D-9.7 "Sustainable New Jersey Fund" established; definition. 2. a. There is established in the Department of Environmental Protection a special non-lapsing fund to be known as the "Sustainable New Jersey Fund." The department shall annually distribute moneys in the fund to a …