Title 58, Title 58: WATERS AND WATER SUPPLY

58:10A-72 Violations, penalties. 3. a. A person or entity who violates this act shall be subject to a penalty of not more than $500 for each offense, to be collected by the Commissioner of Environmental Protection in a civil action by a summary proceeding under the "Penalty Enfor…

58:10A-73 Preemption of ordinance, resolution of local government entity. 4. The provisions of this act shall preempt any ordinance or resolution of a municipality, county or any other local government entity concerning synthetic plastic microbeads. L.2015, c.28, s.4.

58:10A-8. Establishment of more stringent effluent limitations for point source or group of point sources Whenever the commissioner finds that discharges from a point source or a group of point sources with the application of the effluent limitations authorized in this act, which…

58:10A-9. Applications for permits; fees; public notice; public inspection; hearing; employees to administer act Applications for permits shall be submitted within such times, on such forms, and with such signatures as may be prescribed by the commissioner and shall contain such …

58:10B-1 Definitions. 23. As used in sections 23 through 43 and section 45 of P.L.1993, c.139 (C.58:10B-1 et seq.), as may be amended and supplemented: "Area of concern" means any location where contaminants are or were known or suspected to have been discharged, generated, manuf…

58:10B-1.1. Short title 1. Sections 23 through 43 and section 45 of P.L.1993, c.139 (C.58:10B-1 et seq.), as may be amended and supplemented, shall be known and may be cited as the "Brownfield and Contaminated Site Remediation Act." L.1997,c.278,s.1.

58:10B-1.2. Findings, declarations relative to remediation of contaminated sites 2. The Legislature finds and declares that due to New Jersey's industrial history, large areas in the State's urban and suburban areas formerly used for commercial and industrial purposes are underus…

58:10B-1.3 Remediation of discharge of hazardous substance; requirements. 30. a. An owner or operator of an industrial establishment subject to the provisions of P.L.1983, c.330 (C.13:1K-6 et al.), the discharger of a hazardous substance or a person in any way responsible for a h…

58:10B-10. Legal responsibility of applicant for compliance 32. a. The lack of sufficient moneys in the remediation fund to satisfy all financial assistance or grant applications shall not affect in any way an applicant's legal responsibility to comply with the requirements of P.…

58:10B-11 Remediation funding source surcharge. 33. a. There is imposed upon every person who is required to establish a remediation funding source pursuant to section 25 of P.L.1993, c.139 (C.58:10B-3) a remediation funding source surcharge. The remediation funding source surcha…

58:10B-12 Adoption of remedial standards. 35. a. The Department of Environmental Protection shall adopt minimum remediation standards for soil, groundwater, and surface water quality necessary for the remediation of contamination of real property. The remediation standards shall …

58:10B-12.1 Green and sustainable practices encouraged. 9. The department shall encourage the use of green and sustainable practices during the remediation of a contaminated site. The use of green and sustainable practices shall not alter the requirement that the remediation be p…

58:10B-13 Use of nonresidential standards or other controls, requirements. 36. a. When real property is remediated to a nonresidential soil remediation standard or engineering or institutional controls are used in lieu of remediating a site to meet an established remediation stan…

58:10B-13.1 No further action letter; covenant not to sue. 6. a. Whenever on or after October 16, 2009 the Department of Environmental Protection issues a no further action letter pursuant to a remediation, the person responsible for conducting the remediation shall be deemed by …

58:10B-13.2 Covenant not to sue, provisions. 31. a. After a licensed site remediation professional issues a response action outcome to the person responsible for conducting the remediation, the person shall be deemed, by operation of law, to have received a covenant not to sue wi…

58:10B-14. Development of guidance document 38. Within 12 months of the effective date of this act, the department shall develop a guidance document for the remediation of contaminated soils. The guidance document shall include a description of remedial actions the department det…

58:10B-15 Responsibility for prior discharges, exemptions; penalties. 39. a. Any person who, before the effective date of P.L.1993, c.139 (C.13:1K-9.6 et al.), has discharged a hazardous substance in violation of P.L.1976, c.141, and: (1) has not been issued a directive to remove…

58:10B-16. Access to property to conduct remediation 40. a. (1) Any person who undertakes the remediation of suspected or actual contamination and who requires access to conduct such remediation on real or personal property that is not owned by that person, may enter upon the pro…

58:10B-17. Review of department decision concerning remediation 41. a. Any person conducting a remediation of a contaminated site may dispute a decision by the department concerning the remediation in accordance with the guidelines developed pursuant to subsection b. of this sect…

58:10B-17.1 Commencement of civil actions under environmental laws, limitations; definitions. 5. a. (1) Except where a limitations provision expressly and specifically applies to actions commenced by the State or where a longer limitations period would otherwise apply, and subjec…

58:10B-18. Preparation, distribution of informational materials 42. The Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Environmental Protection and Energy, shall prepare, and the department shall distribute, for the…

58:10B-19. Implementation of interim response action 43. The owner or operator of an industrial establishment who has submitted a notice to the department pursuant to subsection a. of section 4 of P.L.1983, c.330 (C.13:1K-9), or any person who has discharged a hazardous substance…

58:10B-2 Rules, regulations, deviations from regulations. 24. a. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing criteria and standards necessary for the submission, evaluation an…

58:10B-2.1 Departmental oversight of cleanup, remediation; fee, costs, certain, permitted. 1. a. In the case of an owner or operator of an industrial establishment or any other person required to perform remediation activities pursuant to P.L.1983, c.330 (C.13:1K-6 et al.), or a …

58:10B-20 Remediation Guarantee Fund. 45. a. There is created in the Department of Environmental Protection a special, revolving fund to be known as the Remediation Guarantee Fund. The fund shall be credited with all remediation funding source surcharges imposed pursuant to secti…

58:10B-21 Investigation, determination of extent of contamination of aquifers. 3. a. The Department of Environmental Protection shall investigate and determine the extent of contamination of every aquifer in this State. The department shall prioritize its investigations of aquife…

58:10B-22 Investigation, mapping of historic fill areas. 4. a. Within 270 days of the effective date of P.L.2003, c.224, the Department of Environmental Protection shall investigate and map those areas of the State at which large areas of historic fill exist. The department shall…

58:10B-23. "Brownfield's Redevelopment Task Force"; duties 5. a. There is created the "Brownfields Redevelopment Task Force." The task force shall consist of seven representatives from State agencies and six public members. The State agency representatives shall be from each of t…

58:10B-23.1 Findings, declarations relative to redevelopment of brownfield sites. 1. The Legislature finds and declares that the redevelopment of brownfield sites provides an alternative to the development of undeveloped land; that the redevelopment of brownfield sites would rein…

58:10B-23.2 Preparation of inventory of brownfield sites; definitions. 2. a. In accordance with section 5 of P.L.1997, c.278 (C.58:10B-23), the Brownfields Redevelopment Task Force shall continue to prepare an inventory of brownfield sites in the State , and shall expedite its ef…

58:10B-24. Duties of Department of Environmental Protection 25. The Department of Environmental Protection shall: (1) Prepare materials for dissemination to the public that explain the environmental and health risks associated with site remediations in general and which are desig…

58:10B-24.1 Written notification of contaminated site remediation. 1. a. Prior to the initiation of the remedial investigation phase of the remediation of a contaminated site, any person who is responsible for conducting a remediation of the contaminated site, including the Depar…

58:10B-24.2 Copies of documents, reports, data to municipality, county. 2. Upon request of a municipality, any person who is responsible for conducting a remediation of a contaminated site shall submit a copy of a remedial action workplan, any other workplan, report, or validated…

58:10B-24.3 Notification to public of remediation of contaminated site, response to inquiries; requirements. 3. a. Any person who is responsible for conducting a remediation of a contaminated site shall be responsible for notifying the public of the remediation of the contaminate…

58:10B-24.4 Definitions relative to remediation of contaminated sites. 4. For the purposes of P.L.2006, c.65 (C.58:10B-24.1 et seq.): "Local health agency" means a "local health agency" as defined in section 3 of P.L.1966, c.36 (C.26:2F-3). "Oversight document" means any document…

58:10B-24.5 Notification of master list of known hazardous discharge sites; DEP website. 5. Within 30 days after the date of enactment of this act, the Department of Environmental Protection shall notify the governing body of each municipality in the State and each county health …

58:10B-24.6 Definitions relative to procedures concerning soil contamination on school property. 1. As used in this act: "Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.). "Contamination" means any discharged hazardous substance as defi…

58:10B-24.7 Provision of notice to parent, guardian, staff. 2. a. Within 10 business days after the discovery of soil contamination on school property that has been found by the Department of Environmental Protection or a licensed site remediation professional to exceed the direc…

58:10B-25. Designation of State environmental agency under federal law 48. Pursuant to section 941 of the federal "Taxpayer Relief Act of 1997," Pub. L. 105-34, the Governor shall designate the Department of Environmental Protection as the appropriate State environmental agency t…

58:10B-25.1 Guidelines for designation of brownfield development areas. 7. The Department of Environmental Protection shall establish guidelines to establish a procedure for the designation of brownfield development areas. In establishing criteria for the establishment of a brown…

58:10B-25.2 Grant expenditures for remedial action constitutes debt of property owner to fund; lien. 8. Any expenditure of grant moneys for a remedial action in a brownfield development area by a municipality, county, or redevelopment entity on property in which the municipality,…

58:10B-25.3 Pilot program for awarding grants to nonprofit organizations; conditions. 9. a. The Department of Environmental Protection, in consultation with the New Jersey Economic Development Authority, shall develop a pilot program to award grants from the Hazardous Discharge S…

58:10B-26 Definitions relative to redevelopment agreements. 34. As used in sections 34 through 39 of P.L.1997, c.278 (C.58:10B-26 through 58:10B-31): "Contamination" or "contaminant" means any discharged hazardous substance as defined pursuant to section 3 of P.L.1976, c.141 (C.5…

58:10B-27 Terms and conditions of agreements. 35. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer may enter into a redevelopment agreement with the State pursuant to the provisions of this section.…

58:10B-27.1 State may enter into certain redevelopment agreements at certain landfill sites. 5. a. The provisions of any other law, or any rule or regulation adopted pursuant thereto to the contrary notwithstanding, the State may enter into a redevelopment agreement pursuant to s…

58:10B-27.2 Entry of State into redevelopment agreement, certain circumstances. 1. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the State may enter into a redevelopment agreement pursuant to sections 35 and 3…