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

13:1G-11. Violations; investigation; order to cease; enforcement; corrections by violator; hearings Whenever the department has cause to believe that any person is violating any code, rule or regulation promulgated by the department, the department shall cause a prompt investigat…

13:1G-12. Hearings; testimony; copies of transcript or record The testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any tr…

13:1G-13. Hearings; hearing officer; powers Any hearing required by this act to be held before the department shall be held before the commissioner or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance, administer …

13:1G-14. Injunctive relief; penalties 14. If any person violates any of the provisions of this act or any rule, regulation or order promulgated pursuant to the provisions of this act, the department may institute an action in a court of competent jurisdiction for injunctive reli…

13:1G-15. Judicial review Review of any final decision or action by the department or review of the validity of any code, rule or regulation of the department shall be in accordance with the rules of court. L.1971, c. 418, s. 15, eff. Jan. 24, 1972.

13:1G-16. Cooperation and agreements with other governmental agencies The department shall cooperate with the Departments of Labor and Industry, Health, Community Affairs, Transportation, and Agriculture, with the State Division of Motor Vehicles, with the Federal Aviation Admini…

13:1G-17. Noise control council There is hereby created in the Department of Environmental Protection a Noise Control Council, which shall consist of 13 members, four of whom shall be the Commissioner of Community Affairs or a member of the Department of Community Affairs designa…

13:1G-18. Powers and duties of council The Noise Control Council shall: a. Request from the commissioner information concerning the noise control program. b. Consider any matter relating to the preservation and improvement of the noise control program and advise the commissioner …

13:1G-19. Consultation by commissioner with council on proposed code, rule or regulation The commissioner shall consult with the council to afford them an opportunity to express their opinion concerning any proposed code, rule or regulation at least 30 days prior to the public ad…

13:1G-2. Legislative findings The Legislature finds and determines that the people of the State are entitled to and should be insured an environment free from noise which unnecessarily degrades the quality of life; that the levels of noise in the community have reached such a deg…

13:1G-20. Inapplicability of act to limit powers, duties and functions vested under other laws related to community noise control The powers, duties and functions vested in State Government under the provisions of this act shall not be construed to limit in any manner the powers,…

13:1G-21. Validity of existing civil or criminal remedies; validity of ordinances or resolutions stricter than this act No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this act or any code, rules, regulations or orders promulga…

13:1G-21.1. Definitions 1. As used in this act: "Handgun" means a pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand. "Rifle" means a firearm designed to be fired from the shoulder and using the energy of the explosive in…

13:1G-21.2. Immunity from liability 2. Notwithstanding the provisions of section 21 of P.L.1971, c.418 (C.13:1G-21) to the contrary, an owner of a handgun, rifle, shotgun, skeet shooting or trapshooting range in this State shall be immune from liability where the liability is bas…

13:1G-21.3. Applicability 3. This act shall apply only to a handgun, rifle, shotgun, skeet shooting or trapshooting range located in this State which has been maintained continuously in the same location since January 24, 1972. L.1991,c.391,s.3.

13:1G-22. Construction of act This act shall be liberally construed to effectuate the purpose and intent thereof. L.1971, c. 418, s. 22, eff. Jan. 24, 1972.

13:1G-23. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be aff…

13:1G-3. Definitions For the purposes of this act, the following words shall have the following meanings: a. "Commissioner" means the Commissioner of the State Department of Environmental Protection. b. "Council" means the Noise Control Council created under this act. c. "Departm…

13:1G-4. Codes, rules and regulations; contents; promulgation; enforcement The department, in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) shall, from time to time, adopt, amend, repeal and enforce reasonable codes, rules and regulati…

13:1G-4.1. Curfew hour alarms It shall not be a violation of the "Noise Control Act of 1971" P.L. 1971, c. 418 (C. 13:1G-1 et seq.) or any rule or regulation promulgated by the Department of Environmental Protection pursuant to that act, for a municipality to sound an alarm by si…

13:1G-4.2. Use of sirens near schools restricted; exceptions 1. a. A siren or other sound emitting device used to alert firefighters or other emergency services personnel of a fire or other emergency shall be located no closer than 250 feet from any elementary school or adjacent …

13:1G-4.3 Exceptions to the "Noise Control Act of 1971." 1. a. (1) (a) It shall not be a violation of the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.), or any rule or regulation established pursuant thereto, for a person to operate a beach bar, located outside…

13:1G-5. Powers of department The department, in addition to its power to make and enforce codes, rules or regulations promulgated by it, and in furtherance of said power, shall also have the power to: a. Conduct and supervise research programs for the purpose of determining the …

13:1G-6. Motor vehicles; control of noise; codes, rules and regulations The department, after consultation with the Director of the Division of Motor Vehicles, shall have the power to formulate, promulgate, amend and repeal codes, rules and regulations establishing standards and …

13:1G-7. Application of code, rule or regulation to motor vehicles Any code, rule or regulation establishing standards and requirements for the control of noise from motor vehicles shall be applicable to such classification of motor vehicles as the department shall determine to b…

13:1G-8. Motor vehicles; inspections; compliance with standards of noise control Any motor vehicle which is subject to inspection by the Division of Motor Vehicles or any other duly authorized body shall, as a condition of compliance with said inspection, pass such tests as may b…

13:1G-9. Motor vehicles; operation in violation of noise standards; penalty Any person who operates a motor vehicle or owns a motor vehicle which he permits to be operated upon the public highways of this State which generates noise in excess of standards adopted by the departmen…

13:1H-1. Short title This act shall be known and may be cited as the "Environmental Aid Act." L.1972, c. 49, s. 1, eff. June 1, 1972.

13:1H-10. Definitions As used in this act: a. "Department" means the Department of Environmental Protection. b. "Eligible municipality" means a municipality eligible for aid pursuant to P.L.1978, c. 14 (C. 52:27D-178 et seq.) or pursuant to the "Depressed Rural Centers Aid Act," …

13:1H-11. State aid to environmental agency for projects in eligible municipalities The department may grant up to $10,000.00 per year in State aid to any environmental agency for a project or projects addressing urban environmental concerns within an eligible municipality. The c…

13:1H-2. Definitions The following words shall have the following meanings: a. "Department" means the Department of Environmental Protection. b. "Local environmental agency" means (1) a municipal environmental commission or joint environmental commission established by two or mor…

13:1H-3. Purposes for grant State aid may be granted by the department to a local environmental agency for any purpose that the agency is authorized to perform by law and for the preparation of an environmental index. L.1972, c. 49, s. 3, eff. June 1, 1972.

13:1H-4. Environmental index defined An environmental index shall be a report on environmental conditions within the locality and community objectives concerning open areas, parks, water supply, solid waste, wildlife protection, soil resources, air pollution, water pollution and …

13:1H-5. Application for state aid Local environmental agencies shall submit applications for environmental aid to the department. The application shall include such information as the department may require. L.1972, c. 49, s. 5, eff. June 1, 1972.

13:1H-6. Technical assistance The department may provide technical assistance in addition to or in lieu of State aid to any local environmental agency for the purpose indicated in this act. L.1972, c. 49, s. 6, eff. June 1, 1972.

13:1H-7. Limitation on state aid The department may grant up to $2,500.00 in State aid per year to any local environmental agency, except that such aid to a joint environmental commission may be up to $2,500.00 for each municipality participating in such joint environmental commi…

13:1H-8. Short title This act shall be known and may be cited as the "Aid for Urban Environmental Concerns Act." L.1979, c. 56, s. 1, eff. March 27, 1979.

13:1H-9. Legislative findings and declarations The Legislature hereby finds and declares that urban communities, where the high population and building densities, aged housing stock, economic decline and incidence of poverty present special problems, have unique environmental con…

13:1I-1. Short title This act shall be known as and may be cited as the "Waste Control Act." L.1973, c. 39, s. 1.

13:1I-2. Legislative findings The Legislature finds and determines that the volume of solid and liquid waste is rapidly increasing, that the treatment and disposal of these wastes poses a threat to the quality of the environment, that the quality of New Jersey's environment is be…

13:1I-3. Definitions For the purposes of this act, unless the context clearly requires a different meaning: a. "Commissioner" means the Commissioner of Environmental Protection; b. "Department" means the Department of Environmental Protection; c. "Solid waste" means garbage, refu…

13:1I-4. Treatment or disposal of waste originating or collected outside state; rules and regulations a. The commissioner shall have the power to formulate and promulgate, amend and repeal orders, rules and regulations prohibiting, conditioning and controlling the incineration or…

13:1I-5. Injunctive relief; penalties 5. If any person violates any of the provisions of this act or any rule, regulation or order promulgated pursuant to the provisions of this act, the department may institute an action in a court of competent jurisdiction for injunctive relief…

13:1I-6. Limitation on powers, duties and functions vested in department under this act The powers, duties and functions vested in the department under the provisions of this act shall not be construed to limit in any manner the powers, duties and functions vested therein under a…

13:1I-7. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affe…

13:1I-8. Construction of act This act shall be liberally construed to effectuate the purpose and intent thereof. L.1973, c. 39, s. 8.