Title 58, Title 58: WATERS AND WATER SUPPLY

58:1B-3. Definitions As used in this act: a. "Authority" means the New Jersey Water Supply Authority created by this act; b. "Bonds" means bonds, notes, or other obligations issued or authorized pursuant to this act; c. "Compensating reservoir" means the structures, facilities an…

58:1B-4. Establishment; members; officers; quorum; vote necessary; bonds; approval; veto of any action by Governor; official bond; reimbursement of expenses; dissolution a. There is established in but not of the Department of Environmental Protection a public body corporate and p…

58:1B-5 Water supply facilities operated by authority, disposition of revenue. 5. a. All water supply facilities, owned or operated by the State, either now or hereafter, are transferred to the authority. The authority shall operate these facilities pursuant to the statutory auth…

58:1B-6 Powers and duties of authority. 6. a. The authority is hereby empowered to design, initiate, acquire, construct, maintain, repair and operate projects or cause the same to be operated pursuant to a lease, sublease, or agreement with any person or governmental agency, and …

58:1B-7 Powers. 7. Except as otherwise limited by P.L.1981, c.293 (C.58:1B-1 et seq.), the authority shall have power: a. To sue and be sued. b. To have an official seal and alter the same at pleasure. c. To make and alter bylaws for its organization and internal management and f…

58:1B-8. Eminent domain; determination of compensation; public utility facilities; relocation or removal a. Upon the exercise of the power of eminent domain, the compensation to be paid thereunder shall be ascertained and paid in the manner provided in P.L.1971, c. 361 (C. 20:3-1…

58:1B-9 Issuance of bonds. 9. a. The authority is hereby empowered from time to time to issue its bonds in the principal amounts as in the opinion of the authority shall be necessary to provide sufficient funds for any of its corporate purposes, including the payment, funding or …

58:1B-9.1 Annual appropriation to authority for certain energy or water expenses. 6. a. In order to defray the additional, reasonable energy or water expenses incurred by the New Jersey Water Supply Authority in replenishing the water released from the Round Valley reservoir for …

58:1B-9.2 New Jersey Water Supply Authority Round Valley Fund. 7. a. The New Jersey Water Supply Authority Round Valley Fund is established as a nonlapsing, special fund in the Department of the Treasury. The moneys in the fund are specifically dedicated and allocated to, and sha…

58:2-1. Payment in the case of diversion of surface water supplies; exception Every municipality, corporation or private person diverting the waters of streams or lakes with outlets for the purpose of a public water supply shall make annual payments on May first to the state trea…

58:2-2. Fixing of charges for surface waters diverted; review Payment for water diverted as provided in R.S. 58:2-1 shall be deemed to be a license and its amount shall be fixed by the department at a rate of not less than $1.00 nor more than $10.00 per million gallons. If at all…

58:2-3. Certification and collection of amounts due; disposition The department shall annually certify to the State Comptroller, as soon as practicable after January first, and not later than February fifteenth, the names of all municipalities, corporations or private persons owi…

58:2-4. Payment in the case of condemnation of subsurface, well or percolating water supplies In the case of the condemnation of subsurface, well or percolating water supplies, there shall be charged by the State a fee of $1.00 per million gallons from that portion of the supply …

58:2-5. Saving clause Nothing in this chapter shall be construed to confer upon any municipality, corporation or person, any franchise not already possessed by said municipality, corporation or person, but the approval of the department contained in its decision as provided in th…

58:4-1 Reservoir, dam restrictions. 58:4-1. a. No municipality, corporation or person shall, without the consent of the Commissioner of Environmental Protection, hereafter in this chapter designated as the commissioner, build any reservoir or construct any dam, or repair, alter o…

58:4-10. Hearing on petition; fixing low-water mark; maintenance expenses 58:4-10. When a petition has been filed protesting against the removal of any reservoir, water or dam or against the decommissioning of any reservoir or dam as provided in R.S.58:4-9, the commissioner shall…

58:4-11 Findings, declarations relative to dam repair, lake dredging and stream cleaning. 1. The Legislature finds and declares that the condition of many dams, lakes, and streams throughout the State has been deteriorating at an alarming rate due to a chronic lack of maintenance…

58:4-12 "Dam, Lake and Stream Project Fund." 2. a. There is established in the Department of Environmental Protection a dedicated, nonlapsing fund, designated the "Dam, Lake and Stream Project Fund." Moneys in the fund shall be used for the purpose of supplementing the department…

58:4-13 Annual report. 3. On or before October 1, 2001, and on or before October 1 of each succeeding year, the Department of Environmental Protection shall submit a written report to the Joint Budget Oversight Committee, or its successor, specifying the nature and location of ea…

58:4-14 Archaeological findings on reservoir lands protected. 5. a. (1) Except as may be provided pursuant to subsection c. of this section, no person may alter, deface, destroy, disturb, or remove any archaeological findings on any reservoir lands administered by the Department …

58:4-2. Approval of plans of reservoirs and dams Every municipality, corporation or person, before constructing any reservoir or dam subject to the provisions of this chapter shall apply to the commissioner for the approval of the plans of such reservoir or dam, which approval th…

58:4-3. Descriptions, surveys and plans of existing reservoirs and dams Every municipality, corporation or person owning and maintaining or having control of any reservoir or dam shall, upon written request therefor, furnish to the commissioner as full, true and particular descri…

58:4-4. Inspection of reservoirs and dams Upon written application by any person owning or representing property liable to be injured or destroyed by the breaking of any reservoir or dam, or upon application by the mayor or governing body of any municipality on account of possibl…

58:4-5 Alterations, additions and repairs of unsafe reservoirs or dams; duties of owner. 58:4-5. a. An owner or person having control of a reservoir or dam shall: (1) Implement all measures required pursuant to this chapter or the provisions of P.L.1981, c.249 (C.58:4-8.1 et seq.…

58:4-6 Enforcement powers of department, civil, criminal; violations, penalties. 58:4-6. a. Whenever, on the basis of available information, the Commissioner of Environmental Protection finds that a person has violated any provision of the "Safe Dam Act," P.L.1981, c.249 (C.58:4-…

58:4-8. Personnel to conduct inspections The commissioner may, when provided with sufficient funds, employ personnel for the inspection of existing reservoirs and dams and the supervision of the erection of new reservoirs and dams in this State or between this and any other state…

58:4-8.1. Short title This act shall be known and may be cited as the "Safe Dam Act." L.1981, c. 249, s. 1, eff. Aug. 6, 1981.

58:4-8.2. Periodic dam safety inspection and reporting procedure The Commissioner of Environmental Protection shall, by rule, establish a periodic dam safety inspection and reporting procedure, on an annual or longer term basis, for the owner of any dam meeting the criteria conta…

58:4-9. Maintenance of existing reservoirs and dams; petition against abandonment 58:4-9. Where a reservoir or dam has been in existence 20 years and the owners of land along the shores above the dam or on the reservoir have made or shall have made permanent improvements on the l…

58:4A-10 Powers, duties of board. 6. The board shall be vested with the following powers and duties: a. It shall be the duty of the board to recommend and consent to examination questions, review applications to ascertain the experience and qualifications of persons applying for …

58:4A-11 Licenses, issuance; classifications, requirements, rules, regulations, standards; continuing education requirements. 7. a. (1) The department shall, upon recommendation of the board and payment of the required fee, issue new licenses to persons to engage in well drilling…

58:4A-12. Suspension, revocation of license; charges; hearing; final agency action 8. The board may, after conducting a hearing, recommend that the commissioner revoke indefinitely or suspend for a period of less than one year the license of any well driller or pump installer, if…

58:4A-13. On-site supervision required 9. a. Any operation on the drilling, boring, coring, driving, jetting, digging, sealing or other construction or repair of wells shall be under the immediate on-site supervision of a licensed well driller of the proper class, and the name of…

58:4A-14. Permit required, application; fees 10. a. (1) Except in the case of an emergency or a general permit, no well requiring a permit shall be constructed until a permit has been issued therefor by the department. Application for a permit shall be made upon forms prescribed …

58:4A-14.1. Expedited permit processing service, account established 15. a. The department shall establish an expedited permit processing service for well permit applications. This service shall accept properly completed permit applications by electronic media, including but not …

58:4A-16. Licensing without examination 12. The department may license without examination, upon payment of the required license fee, applicants who are duly licensed under the laws of any other state having requirements deemed by the department to be at least equivalent to those…

58:4A-17. Expiration of license 13. Every license issued under the authority of P.L.1947, c.377 (C.58:4A-5 et seq.), unless sooner revoked, shall expire on the thirtieth day of June three years following the date of issuance of such license, except that any license issued prior t…

58:4A-18 Renewal of license. 14. a. No license shall be renewed unless the renewal applicant submits satisfactory evidence to the board that the renewal applicant has successfully completed the continuing education requirements established by the department pursuant to section 7 …

58:4A-19 Fee schedule. 15. a. (Deleted by amendment, P.L.2005, c.134). b. The department shall adopt, and may periodically amend, by regulation, a fee schedule setting forth reasonable fees for license applications and examinations, and for issuance and renewal of any license in …

58:4A-20. Powers, rights of department 16. The department shall have the power to make such inspections and take such samples as may be deemed necessary for the investigation of the construction, sealing, and repair of wells throughout the State. The department shall also have th…

58:4A-20.1. Authority of master well driller 16. A master well driller shall have the authority to certify that the well, including well pumping equipment and appurtenances thereto, has been constructed to meet the standards promulgated pursuant to P.L.1954, c.199 (C.58:11-23 et …

58:4A-23. Definitions relative to well drilling 19. As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Well" means a hole or excavation larger than a minimum diameter and depth established by department regulations pursuant to section 1 of P.…

58:4A-24. Violations, penalties 20. a. Any person who shall engage in the trade, business, or calling of a well driller, or who shall operate a well drilling machine without having a New Jersey license, except in the presence and under the immediate on-site supervision of a New J…

58:4A-27. Partial invalidity If any part, section, subsection, sentence, clause or phrase of this act shall be held unconstitutional or void for any reason, such decisions shall not affect the validity of the remaining portions of this act. L.1947, c. 377, p. 1199, s. 23.

58:4A-28. Effective date This act shall take effect immediately, except that section twenty shall be inoperative until ninety days thereafter. L.1947, c. 377, p. 1199, s. 24.

58:4A-29. Rules, regulations 24. Within 18 months of the effective date of P.L.1995, c.312 (C.58:4A-4.2a et al.), 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 necessary to implement …