Title 58, Title 58: WATERS AND WATER SUPPLY

58:10-27. Action by commission to prevent escape of pipe line contents; notice The commission, if in its opinion any pipe line is so constructed that there is danger of the escape of the contents thereof into any fresh water of this state, shall give notice in writing of such opi…

58:10-28. Notice of decision of commission If, after having afforded the owners or users of such pipe line an opportunity to be heard on such notice, the commission decides that the portion of the pipe line specified in the notice is so constructed that there is danger of the esc…

58:10-29. Specifications for reconstruction of pipe line Within fifteen days after service of notice of the decision, the owners or users of such pipe line shall submit to the commission written specifications for the reconstruction of the portion of the pipe line specified in th…

58:10-30. Removal of pipe line on failure to reconstruct The reconstruction, in the manner approved by the commission, of the portion of such pipe line specified in its decision, shall be begun within thirty days after service of the notice required by section 58:10-29 of this ti…

58:10-31. Right of commission to enter upon lands; damages For the purpose of removing or causing the removal of the pipe line as aforesaid, the commission may enter upon any lands, bridges or structures and shall not be liable for any damage done thereto by such removal, nor for…

58:10-32. Review of commission's decisions Any order, decision, judgment or proceeding of the commission under the provisions of this article may be reviewed by the Superior Court by a proceeding in lieu of prerogative writ, and the court may reverse or modify such order, decisio…

58:10-33. Remedy for injury to waters by pipe line In any case where, by the rupture or leakage of a pipe line, injury is done to any fresh water of this State, the commission may apply directly to any court of competent jurisdiction for an immediate remedy, as it may deem advisa…

58:10-34. Unlawful construction or maintenance of pipe line; penalty Any owner or user of a pipe line who shall construct or maintain the same across any fresh water stream of this state, except in the manner approved by the commission, shall be liable to a penalty of five hundre…

58:10-35. Damages for breakage or leakage of pipe line Nothing shall be so construed in this article as to relieve the owners or users of pipe lines from liability for damages which may ensue by reason of breakage or leakage, notwithstanding such pipes were constructed according …

58:10-35.1. Permit required No person shall drill, bore, drive, dig, or otherwise conduct any operation for the purpose of obtaining access to a pocket or other underground area or place for the purpose of storing natural or artificial gas or petroleum products and their derivati…

58:10-35.2. Rules and regulations; restrictions in permits; violations The said commissioner shall prescribe rules and regulations to effectuate the provisions of this act and any such permit may contain such restrictions as the said commissioner shall determine to be necessary i…

58:10-35.3. Application for permit; map Every application for a permit shall be accompanied by not less than two copies of an accurate map prepared by a competent engineer or geologist showing the location, extent and depth of the proposed storage place and of all wells drilled o…

58:10-35.4. Application of act The provisions of this act shall be applicable to any operation of drilling, boring, driving or digging heretofore commenced, as well as to any such operation hereafter commenced. L.1951, c. 80, p. 472, s. 4.

58:10-46. Definitions As used in this act: "Department" means the Department of Environmental Protection; "Federal act" means the "Hazardous Liquid Pipeline Safety Act of 1979," 49 U.S.C. s.2001 et seq.; "Hazardous liquid" means a hazardous liquid as defined pursuant to the feder…

58:10-47. Adoption of regulations requiring registration of pipeline facility Within 18 months of the effective date of this act, the department shall adopt regulations requiring that the owner or operator of each pipeline facility register with the department. Every owner or ope…

58:10-48. Study on feasibility and necessity of certain actions Within 36 months of the effective date of this act, the department shall complete a study on the feasibility and necessity, if any, of the following actions: a. Adopting the pipeline facility safety standards regulat…

58:10-49. Submission of written report to Governor, Legislature Within three months of the completion of the study required pursuant to section 3 of this act, the department shall submit to the Governor and the Legislature a written report summarizing the results of the study, in…

58:10-50. Application of act to intrastate pipeline facilities The provisions of this act shall apply to intrastate pipeline facilities and the transportation of hazardous liquids associated with those facilities. This act shall not apply to the transportation of a hazardous liqu…

58:10A-1. Short title This act shall be known and may be cited as the "Water Pollution Control Act." L.1977, c. 74, s. 1.

58:10A-10. Violation of act; penalty a. Whenever the commissioner finds that any person is in violation of any provision of this act, he shall: (1) Issue an order requiring any such person to comply in accordance with subsection b. of this section; or (2) Bring a civil action in …

58:10A-10.1. Mandatory civil administrative penalties a. The provisions of section 10 of P.L.1977, c.74 (C.58:10A-10), or any rule or regulation adopted pursuant thereto to the contrary notwithstanding, the department shall assess, with no discretion, a mandatory minimum civil ad…

58:10A-10.10. Commissioner to take action against owner of municipal treatment works exceeding effluent limitations Whenever the commissioner finds that effluent limitations under a discharge permit, issued pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.), are being exceeded by a …

58:10A-10.11. Affirmative defense against liability for certain violations 2. a. A permittee shall be entitled to an affirmative defense against liability for any penalty assessable pursuant to section 10 of P.L.1977, c.74 (C.58:10A-10) or section 6 of P.L.1990, c.28 (C.58:10A-10…

58:10A-10.12 Additional penalties for illegal, improper disposal of regulated medical waste. 6. If a violation of P.L.1977, c.74 (C.58:10A-1 et seq.) involves the willful, illegal or improper disposal of regulated medical waste, as defined pursuant to section 3 of P.L.1989, c.34 …

58:10A-10.2. Affirmative defenses to liability a. A person may be entitled to an affirmative defense to liability for a mandatory assessment of a civil administrative penalty pursuant to section 6 of P.L.1990, c.28 (C.58:10A-10.1) for a violation of an effluent limitation occurri…

58:10A-10.3. Request by department for information; testimony of witnesses a. The department may request that any person whom the department has reason to believe has, or may have, information relevant to a discharge or potential discharge of a pollutant, including, but not limit…

58:10A-10.4. Department of Environmental Protection authorized to issue summons The Department of Environmental Protection or a delegated local agency may issue a summons for a violation of any provision of P.L.1977, c.74 (C.58:10A-1 et seq.), including, in the case of a delegate…

58:10A-10.5. Delegated local agency authorized to issue civil administrative penalty; hearing A delegated local agency may, after consultation with a compliance officer designated by the department, issue a civil administrative penalty for any violation of the provisions of P.L.1…

58:10A-10.6. Report on decision upon conclusion of administrative hearing; exceptions, objections, replies Upon conclusion of an administrative hearing held pursuant to section 2 of P.L.1991, c.8 (C.58:10A-10.5), the administrative law judge shall prepare and transmit a recommend…

58:10A-10.7. Final decision by delegated local agency A final decision or order of the head of the delegated local agency shall be in writing or stated in the record. A final decision shall include separately stated findings of fact and conclusions of law, based upon the evidence…

58:10A-10.8. Appeal of civil administrative penalty, collection, interest charged a. A person appealing a civil administrative penalty or assessment levied in accordance with section 2 of P.L.1991, c.8 (C.58:10A-10.5), whether contested as a contested case pursuant to P.L.1968, c…

58:10A-10.9. Adoption of schedule of reimbursement The Director of the Office of Administrative Law shall establish by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a schedule of reimbursement for the costs to that office…

58:10A-11. Person with delegated responsibility to approve permits; qualifications Notwithstanding any contrary provision of State law, no person to whom the commissioner has delegated responsibility to approve permits or portions thereof may accept this responsibility if such pe…

58:10A-12. Liberal construction; severability This act shall be construed liberally. 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 …

58:10A-13. Pending actions or proceedings, orders, regulations and rules; effect of act This act shall not affect, impair or invalidate any action or proceeding, civil or criminal, brought by or against the department, pending on the effective date of this act: all such actions o…

58:10A-14. Legislative oversight committees The Senate Committee on Energy and Environment and the Assembly Committee on Agriculture and Environment are hereby designated as the Legislative Oversight Committees for the Water Pollution Control Act. The Department of Environmental …

58:10A-14.1. Report on implementation and enforcement actions; notice of significant noncompliers in newspaper a. On or before March 15, 1992, and annually thereafter, the department shall prepare a report on implementation and enforcement actions taken during the preceding calen…

58:10A-14.2. Contents of annual report a. The annual report provided pursuant to section 9 of P.L.1990, c.28 (C.58:10A-14.1) shall include, but need not be limited to, the following information for the preceding calendar year: (1) the number of facilities permitted by the departm…

58:10A-14.3. Guidelines The department shall adopt guidelines to be utilized by delegated local agencies, the Attorney General and county prosecutors in providing information to the department for inclusion in the report to be prepared in accordance with section 10 of this act, a…

58:10A-14.4. Clean Water Enforcement Fund There is created, in the Department of Environmental Protection, a special nonlapsing fund, to be known as the "Clean Water Enforcement Fund." Except as otherwise provided in P.L.1989, c.122, all monies from penalties, fines, or recoverie…

58:10A-14.5. Wastewater Treatment Operators' Training Account There is created in the Department of Environmental Protection a special nonlapsing account, to be known as the "Wastewater Treatment Operators' Training Account." Monies deposited in the account shall be used to provi…

58:10A-14.6. Advisory Committee on Water Supply and Wastewater Licensed Operator Training There is established in the Department of Environmental Protection an Advisory Committee on Water Supply and Wastewater Licensed Operator Training. Committee members shall be appointed by th…

58:10A-15. Legislative findings The Legislature finds that certain halogenated hydrocarbon chemicals and aromatic hydrocarbon chemicals used as sewage system cleaners are a significant and unnecessary source of water pollution and groundwater contamination. These chemicals are to…

58:10A-16. Definitions As used in this act: a. "Sewage system cleaner" means any solid or liquid material intended or used primarily for the purpose of cleaning, treating, degreasing, unclogging, disinfecting or deodorizing any part of a sewage system but excluding those liquid o…

58:10A-17. Sewage system cleaner containing restricted chemical material; distribution or sale, or use, introduction or application; prohibition a. No person shall distribute, sell, offer or expose for sale in this State any sewage system cleaner containing any restricted chemica…

58:10A-18. Regulations; identification and quantification of ingredients; information by manufacturers; deletion or addition to list of restricted chemical material a. The commissioner shall, within 90 days of the effective date of this act, promulgate regulations establishing me…