Title 58, Title 58: WATERS AND WATER SUPPLY

58:10A-37.8 Rules, regulations relative to application procedure. 8. a. The authority shall adopt, pursuant to the"Administrative Procedure Act,"P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to: (1) require an applicant: (a) to submit documentation or other informat…

58:10A-37.9 Enforcement action prohibited; exceptions. 9. a. The department and the Office of the Attorney General may not take any enforcement action pursuant to section 12 of P.L.1986, c.102 (C.58:10A-32) against the owner or operator of a regulated tank for failure to upgrade …

58:10A-38. Findings, determinations The Legislature finds that contaminated sludges are often ocean dumped; that land-based disposal methods for sludge are environmentally preferable to the current practice of ocean dumping; that land-based disposal of sludge requires the removal…

58:10A-39. Definitions As used in this act: "Land-based sludge management criteria" means those standards established by the department in the Statewide Sludge Management Plan adopted pursuant to the "Solid Waste Management Act," P.L. 1970, c. 39 (C. 13:1E-1 et seq.), or establis…

58:10A-4. Rules and regulations The commissioner shall have power to prepare, adopt, amend, repeal and enforce, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), reasonable codes, rules and regulations to prevent, control or abate water polluti…

58:10A-40. Pollutant discharge limits All pretreatment permits shall include limits on the discharge of pollutants, which limits shall be based on the attainment of land-based sludge management criteria for sludge from the municipal treatment works. Sludge that meets the land-bas…

58:10A-41. Conformance to land-based sludge management criteria On or after March 17, 1991, all sludge generated in this State by municipal treatment works shall conform to the land-based sludge management criteria. P.L. 1988, c. 56, s. 4.

58:10A-42. Plan for land-based management Each municipal treatment works shall prepare a plan for the land-based management of sludges currently disposed of in the ocean. The plan shall provide for the termination of ocean disposal by March 17, 1991 and shall include, but need no…

58:10A-43. Compliance schedules The Department of Environmental Protection shall establish compliance schedules for municipal treatment works. The compliance schedules shall include deadlines for submittal of the permit application or applications for the chosen land-based sludge…

58:10A-44. Short title This act shall be known and may be cited as the "Ocean Sludge Dumping Elimination Act." P.L. 1988, c. 57, s. 1.

58:10A-45. Findings The Legislature finds that 2.8 million wet tons (1 million dry pounds) of sewage sludge generated by six New Jersey municipal treatment works each day are ocean disposed at the federally designated 106-mile dump site; that these sludges are ocean rather than l…

58:10A-46. Ocean disposal prohibited The provisions of any other law, rule or regulation to the contrary notwithstanding, municipal treatment works are prohibited from disposing of sludge in ocean waters by March 17, 1991. P.L. 1988, c. 57, s. 3.

58:10A-47. Short title This act shall be known and may be cited as the "Ocean Dumping Enforcement Act." P.L. 1988, c. 61, s. 1.

58:10A-48. Definitions As used in this act: "Dump" or "dumping" means the disposition of material. Dumping does not mean: (1) the disposition of any effluent from any outfall structure to the extent that the disposition is regulated under the provisions of the State "Water Pollut…

58:10A-48.1 Dumping material in ocean prohibited. 2. No person may intentionally dump any material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction of this State, which material enters the ocean waters within the jurisdictio…

58:10A-49 Crime of third degree; penalty; reward. 3. a. (1) A person who intentionally dumps any material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction of this State, which material enters the ocean waters within the juri…

58:10A-49.1 Actions by commissioner. 3. a. Whenever the Commissioner of Environmental Protection finds that a person has intentionally dumped material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction of this State, which mat…

58:10A-5 Powers of department. 5. The department is empowered to: a. Exercise general supervision of the administration and enforcement of this act and all rules, regulations and orders promulgated hereunder; b. Assess compliance of a discharger with applicable requirements of St…

58:10A-50. Necessary dumping The provisions of this act do not apply when the dumping of any material is necessary to secure the safety of human life or of vessels, aircraft, platforms, or other man-made structures at sea in cases of force majeure caused by stress of weather, or …

58:10A-51. Submission of proposals The Attorney General shall submit to the Administrator of the federal Environmental Protection Agency whatever proposals may be necessary pursuant to 33 U.S.C. s.1416 in order to allow enforcement of the provisions of this act. P.L. 1988, c. 61,…

58:10A-52. Short title This act shall be known, and may be cited, as the "Clean Ocean Education Act." P.L. 1988, c. 62, s. 1.

58:10A-53. Findings, declarations The Legislature finds and declares that the presence of plastic and other non-biodegradable materials in coastal waters has an adverse effect on the quality of ocean waters, on sea mammals and other marine life, and potentially on human health; t…

58:10A-54. Educational materials The Department of Environmental Protection, in consultation with the Department of Education and citizen, educational and environmental groups, shall prepare educational materials concerning the deleterious effects of plastics and other forms of p…

58:10A-55. Distribution to school districts The Department of Education shall distribute the educational materials prepared by the Department of Environmental Protection pursuant to section 3 of this act to each school district in the State. Local school boards are encouraged to …

58:10A-56. Sewage discharge prohibited No person may discharge sewage from a watercraft into any coastal water area designated as a "no discharge" area by the Administrator of the federal Environmental Protection Agency pursuant to an application filed by the Department of Enviro…

58:10A-57. Sewage pumpout devices, portable toilet emptying receptacles a. Within 90 days of the effective date of this act, the Department of Environmental Protection shall conduct a study of the availability and location of, and demand or need for, sewage pumpout devices for Ty…

58:10A-58. Submittal of assessment study, recommendations Not later than May 1, 1989, the department shall submit to the Assembly Environmental Quality Committee and the Senate Energy and Environment Committee the assessment study required pursuant to section 2 of this act, along…

58:10A-59. Penalties for violation A person who violates the provisions of section 1 of this act, or who violates the provisions of any rule and regulation adopted by the department pursuant to section 2 of this act, shall be subject to the penalty provisions of section 10 of P.L…

58:10A-6 Permits; issuance; exemptions; prohibitions; requirements. 6. a. It shall be unlawful for any person to discharge any pollutant, except as provided pursuant to subsections d. and p. of this section, or when the discharge conforms with a valid New Jersey Pollutant Dischar…

58:10A-6.1. Schedule of compliance; administrative consent order; public hearing a. Every schedule of compliance shall require the permittee to demonstrate to the commissioner the financial assurance, including the posting of a bond or other security approved by the commissioner,…

58:10A-6.2. Findings, declarations, determinations 3. The Legislature finds and declares that to enhance and improve the quality of the environment and to protect and foster the public health of the citizens of New Jersey it is altogether fitting and proper to allow private entit…

58:10A-6.3. Installation, etc. of water pollution control facilities during pendency of permit application 4. Except where specifically prohibited under the "Federal Water Pollution Control Act Amendments of 1972" (33 U.S.C. s.1251 et seq.) or any other such federal requirement, …

58:10A-6.4 Definitions relative to certain hazardous discharge sites. 1. As used in P.L.2003, c.196 (C.58:10A-6.4 et seq.): "Discharge" means an intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or…

58:10A-6.5 Discharge of untreated, pre-treated wastewater, prohibited in certain municipalities. 2. a. The operator of a hazardous discharge site in the State that is: (1) situated within a municipality of the second class which is located within a county of the second class with…

58:10A-6.6 Regulations relative to handling of radionuclides. 4. If there are radionuclides in or about the waters at or near a former landfill that is situated within a municipality of the second class which is located within a county of the second class with a population densit…

58:10A-60. Application for approval The department shall apply, within six months of the effective date of this act, to the United States Environmental Protection Agency for such approval as is necessary to implement the provisions of section 1 of this act. P.L. 1988, c. 117, s. …

58:10A-61 Definitions relative to the application, sale, use of fertilizer. 1. As used in sections 1 through 9 of this act: "Commercial farm" means the same as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3). "Department" means the Department of Environmen…

58:10A-62 Actions prohibited when applying fertilizer. 2. a. No person shall: (1) apply fertilizer to turf when a heavy rainfall, as shall be defined by the Office of the New Jersey State Climatologist at Rutgers, the State University, is occurring or predicted or when soils are …

58:10A-63 Additional requirements. 3. a. In addition to the requirements set forth in section 2 of this act, no person, other than a professional fertilizer applicator, shall: (1) apply fertilizer to turf in an amount that is more than an annual total of 3.2 pounds of total nitro…

58:10A-64 Fertilizer application certification program. 4. a. The New Jersey Agricultural Experiment Station at Rutgers, the State University, shall, in consultation with the Department of Environmental Protection, establish a fertilizer application certification program. The cer…

58:10A-65 Violations, penalties. 5. a. Any professional fertilizer applicator who violates this act, or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of $500 for the first offense and up to $1,000 for the second and each subsequent offense, …

58:10A-66 Program of public education. 6. a. The New Jersey Agricultural Experiment Station shall, in consultation with the Department of Environmental Protection, develop a program of public education which shall include but need not be limited to the dissemination of informatio…

58:10A-67 Preemption of existing ordinances, resolutions. 7. The provisions of this act, and the rules and regulations adopted pursuant thereto, shall preempt any ordinance or resolution of a municipality, county or local health agency concerning the application of fertilizer to …

58:10A-68 Inapplicability to commercial farms. 8. Sections 1 through 9 of this act shall not apply to the application of fertilizer to commercial farms. L.2010, c.112, s.8.

58:10A-69 Rules, regulations. 9. The Department of Environmental Protection, in consultation with the Department of Agriculture, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement sections 1 through …

58:10A-7. Term of permit; modification, suspension or revocation; causes; notice; contested cases a. All permits issued under this act shall be for fixed terms not to exceed five years. Any permittee who wishes to continue discharging after the expiration date of his permit must …