New Jersey Revised Statutes Title 13 - Conservation And Development--parks And Reservations

• Section 13:1a-6.1 - Power To Arrest Without Warrant; Law Enforcement Training Program.
  1.The Commissioner of the Department of Environmental Protection shall have the power to vest in the conservation officers of the Division of Fish and...
• Section 13:1b-2 - Commissioner Of Conservation And Economic Development; Appointment; Term; Salary
  The administrator and head of the department shall be a commissioner, who shall be known as the Commissioner of Conservation and Economic Development, and...
• Section 13:1b-3 - Duties Of Commissioner
  The commissioner, as head of the department, shall: a. Administer the work of the department; b. Appoint and remove officers and other personnel employed...
• Section 13:1b-4 - Delegation Of Powers By Commissioner
  The commissioner may delegate to subordinate officers or employees in the department such of his powers as he may deem desirable, to be exercised...
• Section 13:1b-5 - Divisions In Department; Assistants In Administrative Division; Designation Of Deputy
  a. There is hereby established in the Department of Environmental Protection, a Division of Environmental Quality, a Division of Marine Services, a Division of...
• Section 13:1b-8 - Director Of Division Of Resource Development
  The Division of Resource Development shall be under the immediate supervision of a director, who shall be a person qualified by training and experience...
• Section 13:1b-10 - Tidelands Resource Council.
  10. There shall be within the Department of Environmental Protection a Tidelands Resource Council , which shall consist of 12 members. Each member of...
• Section 13:1b-13 - Approval Of Riparian Leases, Grants.
  13. No action shall be taken by the council except upon the approval of the Commissioner of Environmental Protection. No riparian leases or grants...
• Section 13:1b-13.1 - Definitions
  As used in sections 86 through 102, inclusive, of this act. (a) "Meadowlands" means those lands, now or formerly consisting chiefly of salt water...
• Section 13:1b-13.2 - Title Studies And Surveys; Certification Of State Owned Lands
  The council is hereby directed to undertake title studies and surveys of meadowlands throughout the State and to determine and certify those lands which...
• Section 13:1b-13.3 - Consideration Of Mean High Water Line
  In making a thorough study of all such lands to determine which are State-owned lands and in making its determination the council shall take...
• Section 13:1b-13.4 - Publication Of Map; Filing; Distribution
  Upon completion of each separate study and survey, the council shall publish a map portraying the results of its study and clearly indicating those...
• Section 13:1b-13.5 - Action By Persons Aggrieved
  (a) Any person aggrieved by a designation by the council that certain parcels are State-owned lands may file with the council pertinent information, maps,...
• Section 13:1b-13.6 - Progress Reports To Governor And Legislature
  The council shall make progress reports to the Governor and Legislature at least annually and shall complete its studies and title surveys and make...
• Section 13:1b-13.7 - Conveyance Or Lease Of State's Interest; Application
  (a) Any claimant of the meadowlands who shall desire to obtain a conveyance or lease of the State's interest in such land may apply...
• Section 13:1b-13.8 - Recommendations On Application
  Within 10 days of receipt of any application for a conveyance or lease, or any extension thereof, the council or its staff shall send...
• Section 13:1b-13.9 - Approval Of Application; Fixing Of Consideration; Conveyance By Deed Of Bargain And Sale Or Quitclaim Deed
  The council shall, subject to the provisions of applicable law, approve an application for lease, conveyance, license or permit, if after investigation and a...
• Section 13:1b-13.10 - Investigation Of Applications For And Approval Of Lease, License Or Permit; Terms And Conditions; Acquisition Of State's Interest
  The council shall investigate any application for a lease, license or permit in the meadowlands and if the council is satisfied that such a...
• Section 13:1b-13.11 - Application For Or Acceptance Of Lease Not Deemed Recognition Of State's Claim Of Paramount Title
  The application for or acceptance of a lease shall not be deemed a recognition of the State's claim of paramount title by the claimant,...
• Section 13:1b-13.12 - Termination Of Lease; Vacation Of Premises; Reimbursement For Original Costs Of Reclamation And Permanent Structures
  Upon the expiration of the lease, or any renewal thereof, the lessee shall cease his activity and vacate the parcel; provided, however, that he...
• Section 13:1b-13.13 - Disposition Of Net Proceeds From Sale, Lease Or Transfer Of State's Interest In Meadowlands
  The net proceeds from the sale, lease or transfer of the State's interest in the meadowlands shall be paid to the Fund for the...
• Section 13:1b-13.14 - Approval Of Conveyances, Leases, Permits And Licenses; Validation Of Instruments
  Except as expressly provided by this act, the council shall approve conveyances, leases, permits and licenses for meadowlands in the same manner and subject...
• Section 13:1b-15.1 - Bureau Of Recreation
  There shall be within the Department of Community Affairs a Bureau of Recreation, subject to the authority of the commissioner to reorganize the department....
• Section 13:1b-15.2 - Definitions
  The term "recreation" as used in this act means any activity, voluntarily engaged in, which contributes to the physical, mental or moral development of...
• Section 13:1b-15.3 - Appropriations
  There is appropriated for the purposes of this act such amounts as may, from time to time, be included therefor in any annual or...
• Section 13:1b-15.4 - Definitions
  The following terms wherever used or referred to in this act shall have the following meanings unless a different meaning clearly appears from the...
• Section 13:1b-15.5 - Responsibility Of Department For Acquiring, Maintaining And Preserving Natural Areas
  The department is hereby vested with the responsibility of acquiring, maintaining and preserving natural areas within the State as a habitat for rare and...
• Section 13:1b-15.6 - Creation Of Natural Areas Section In Division Of Parks, Forestry And Recreation; Administration; Powers And Duties
  There is hereby created in the department a natural areas section in the Division of Parks, Forestry and Recreation, the function of which shall...
• Section 13:1b-15.7 - Natural Areas Council; Membership; Terms; Vacancies; Reimbursement For Expenses; Meetings
  There shall be within this section a natural areas council which shall consist of 7 members. The administrative head of the section shall serve...
• Section 13:1b-15.8 - Duty Of Council To Advise Commissioner
  The council shall advise the commissioner in matters relating to the administration of this act and shall co-operate with the section: (a) In the...
• Section 13:1b-15.9 - Acquisition Of Lands
  Lands acquired by the State pursuant to this act shall be acquired by the commissioner in the name of the State. They may be...
• Section 13:1b-15.10 - Rules And Regulations; Standards For Acquisition, Maintenance And Operation Of Lands
  The section, with the advice of the council, shall prescribe rules and regulations establishing standards for the acquisition, maintenance and operation of lands under...
• Section 13:1b-15.11 - Acceptance Of Grants And Gifts By Commissioner; Expenditure Of Funds
  The commissioner may accept grants and gifts of lands, money or other things of value to carry out the purpose of this act and...
• Section 13:1b-15.12 - Use Of Departmental Employees
  Insofar as possible, the section shall make use of the employees of the department in carrying out the provisions of this act. L.1961, c....
• Section 13:1b-15.12a - Short Title
  This act shall be known as, and may be cited as, the "Natural Areas System Act." L.1975, c. 363, s. 1, eff. March 3,
• Section 13:1b-15.12a1 - Natural Areas System; Standards For Inclusion Of Area
  For inclusion in the system, it is not necessary that an area be wholly unmarked by man, but that the impact of man be...
• Section 13:1b-15.12a2 - Review And Update Of Planning For Natural Areas
  The Department of Environmental Protection shall within 2 years of the effective date of this act review and update the planning for natural areas...
• Section 13:1b-15.12a3 - Establishment Of System; Inclusion Of Additional Areas
  The department shall have the authority to establish the system initially by declaring those areas designated as natural areas as of January 1, 1975...
• Section 13:1b-15.12a4 - Inclusion Of Other Additional State Lands; Study; Public Hearings; Periodic Recommendations
  The department shall as rapidly as possible study all remaining State lands that may have the required potential for natural values, and after a...
• Section 13:1b-15.12a5 - Study Of Private Lands For Inclusion
  The department shall also, as rapidly as possible study lands that are not State-owned lands to determine their natural values and potential for inclusion...
• Section 13:1b-15.12a6 - Registry Of Lands Suitable For Inclusion
  The department shall, in keeping with the findings of the studies conducted pursuant to sections 5 and 6 of this act, maintain a registry...
• Section 13:1b-15.12a7 - Limitations On Use Of Land In System
  No land in the system may be leased, sold or exchanged or be taken by any corporation, public or private, nor shall the timber...
• Section 13:1b-15.12a8 - Acquisition Of Land By Purchase, Gift Or Otherwise
  The department is authorized to acquire by purchase, gift, or otherwise any land or any interest therein that will serve to further the purposes...
• Section 13:1b-15.12a9 - Designation And Regulation Of Classifications And Uses Of Land Within System
  The department shall designate and regulate those classifications and uses of lands within the system as it shall deem proper to effectuate the purposes...
• Section 13:1b-15.12a10 - Permitted Activities And Obligation Of Users
  Swimming, canoeing, rowboating, fishing and hunting may be permitted in designated sections of the system at the discretion of the department, but only at...
• Section 13:1b-15.100 - Division Of Parks And Forestry, Director
  1. Within the Department of Environmental Protection there shall be a Division of Parks and Forestry. The division shall be under the immediate supervision...
• Section 13:1b-15.101 - Powers And Duties
  The division shall, under the direction and supervision of the commissioner: a. Develop, improve, protect, manage and administer all State forests, State parks, State...
• Section 13:1b-15.102 - Division Organization
  The functions of the division shall be administered by the director, under the direction and supervision of the commissioner, within such bureaus as may...
• Section 13:1b-15.105 - Administration Of Historic Sites And Structures Program; Functions And Duties
  In addition to other functions, powers and duties vested in it by this or any other law, the Division of Parks, Forestry and Recreation...
• Section 13:1b-15.106 - Transfer Of Moneys, Employees Or Property
  The transfer of any appropriation and other moneys available or of any employee, files, records, books, papers, tools, equipment and other property required by...
• Section 13:1b-15.107 - Repeal
  The provisions of any other act or acts inconsistent with the provisions of this act are to the extent of such inconsistency hereby repealed....
• Section 13:1b-15.108 - Historic Sites Council; Members; Terms; Compensation; Vacancies; Removal
  Within the Division of Parks, Forestry and Recreation of the Department of Conservation and Economic Development there shall be an Historic Sites Council consisting...
• Section 13:1b-15.109 - Use Of Division Employees
  Insofar as possible, the council shall make use of the employees of the division in carrying out the provisions of this act. L.1967, c....
• Section 13:1b-15.110 - Powers And Duties Of Council
  The Historic Sites Council shall consult with and advise the commissioner and the director with respect to the work of the division. The council,...
• Section 13:1b-15.111 - New Jersey Historic Trust
  4.There is hereby created and established in but not of the Department of State, a body corporate and politic with corporate succession, to be...
• Section 13:1b-15.112a - Board Of Trustees
  3. a. The powers and duties of the New Jersey Historic Trust shall vest in and be exercised by a board of 15 trustees,...
• Section 13:1b-15.113 - Compensation Of Trustees
  The trustees shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. L.1967, c. 124, s....
• Section 13:1b-15.114 - Powers
  7. The New Jersey Historic Trust shall have the power: a. to sue and be sued in its own name; b. to adopt a...
• Section 13:1b-15.115 - Additional Powers.
  8.The trust shall have power in particular to: a.solicit and accept gifts, legacies, bequests and endowments for any purpose which falls within that of...
• Section 13:1b-15.115a - "Historic Preservation Revolving Loan Fund" Created
  There is created a revolving loan fund to be known as the "Historic Preservation Revolving Loan Fund," authorized pursuant to subsection b. of section...
• Section 13:1b-15.115b - Appropriation To "Historic Preservation Revolving Loan Fund;" Approval, Terms
  2. a. There is appropriated to the "Historic Preservation Revolving Loan Fund" from the "Cultural Centers and Historic Preservation Fund" created pursuant to section...
• Section 13:1b-15.115c - Criteria For Awarding Loan
  Any loan made by the New Jersey Historic Trust pursuant to this act shall be awarded based on the criteria established pursuant to section...
• Section 13:1b-15.115d - Rules, Regulations For Expenditure Of Funds
  The expenditure of funds pursuant to this act shall be subject to the provisions and conditions of P.L.1987, c.265 and any rules and regulations...
• Section 13:1b-15.115e - Repayment Of Loans
  All repayments of loans made pursuant to this act, and interest thereon, shall be deposited in the "Historic Preservation Revolving Loan Fund." Earnings received...
• Section 13:1b-15.115f - Charge, Collection Of Application Fee, Appraisal Costs
  6. a. The New Jersey Historic Trust may charge and collect an application fee not to exceed $100 to be paid in connection with...
• Section 13:1b-15.116 - Trust Restrictions.
  9.The trust may not acquire, hold, receive or accept any moneys or other property, real or personal, tangible or intangible, which will result in...
• Section 13:1b-15.117 - Legal Counsel And Services
  The trustees may request, and upon request shall receive from the Attorney General of the State of New Jersey, all legal counsel and services...
• Section 13:1b-15.118 - Partial Invalidity
  If any section or sections of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or...
• Section 13:1b-15.119 - Natural Lands Trust
  There is hereby created and established in but not of the Division of Parks and Forestry of the Department of Environmental Protection, a body...
• Section 13:1b-15.120 - Trustees; Terms; Appointment; Chairman
  The powers and duties of the trust shall vest in and be exercised by a board of 11 trustees comprised initially of the six...
• Section 13:1b-15.121 - No Compensation; Reimbursement
  The trustees shall serve without compensation, but the trust may reimburse its members for necessary expenses incurred in the discharge of their duties. L....
• Section 13:1b-15.122 - Powers Of Trust
  The New Jersey Natural Lands Trust shall have the power: (a) To sue and be sued in its own name, but the trustees shall...
• Section 13:1b-15.123 - Particular Powers
  The trust shall have power in particular: (a) To accept gifts, legacies, bequests and endowments for any purpose which falls within that of the...
• Section 13:1b-15.124 - Annual Report; Recommendations Or Requests
  The trust shall report annually to the Governor and the Legislature of the State of New Jersey as to their activities during the preceding...
• Section 13:1b-15.125 - Approval Mandatory
  The trust may not purchase any lands directly or indirectly through the Department of Environmental Protection which will result in the incurrence of any...
• Section 13:1b-15.126 - Legal Counsel And Services; Request
  The trustees may request, and upon such request shall receive from the Attorney General of the State of New Jersey, all legal counsel and...
• Section 13:1b-15.127 - Partial Invalidity
  If any section or sections of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or...
• Section 13:1b-15.128 - New Jersey Register Of Historic Places
  A New Jersey Register of Historic Places is established in the Division of Parks, Forestry and Recreation of the Department of Environmental Protection to...
• Section 13:1b-15.129 - Approval Of Sites, Structures, Etc.; Notice To Owner
  The Commissioner of Environmental Protection, with the advice and recommendations of the Historic Sites Council, shall establish criteria for receiving and processing nominations and...
• Section 13:1b-15.130 - State Aid
  No State funds shall be expended for, or in aid of, acquisition, preservation, restoration or maintenance as a historic place or site of any...
• Section 13:1b-15.131 - Encroachment Upon Or Damage To Historic Place; Authorization; Public Hearing
  The State, a county, municipality or an agency or instrumentality of any thereof shall not undertake any project which will encroach upon, damage or...
• Section 13:1b-15.131a - Preservation Of Certain Civil War Monuments.
  1. a. The Commissioner of Environmental Protection, in consultation with the Historic Sites Council, shall use volunteer services of appropriate historical organizations and the...
• Section 13:1b-15.132 - Appropriation
  There is appropriated to the Department of Environmental Protection for the purpose of establishing and maintaining the New Jersey Register of Historic Places such...
• Section 13:1b-15.133 - Short Title
  This act shall be known and may be cited as the "Open Lands Management Act." L.1983, c. 560, s. 1, eff. Jan. 17, 1984.
• Section 13:1b-15.134 - Definitions
  As used in this act: a. "Commissioner" means the Commissioner of Environmental Protection; b. "Department" means the Department of Environmental Protection; c. "Program" means...
• Section 13:1b-15.135 - Legislative Findings And Declarations
  The Legislature finds and declares that opportunities for access to recreational open space are rapidly diminishing and that, in an effort to explore alternative...
• Section 13:1b-15.136 - Open Lands Management Program; Establishment; Purpose
  There is established in the Division of Parks and Forestry in the Department of Environmental Protection the Open Lands Management Program. The purpose of...
• Section 13:1b-15.137 - Rules And Regulations
  The commissioner is authorized to adopt and enforce, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and...
• Section 13:1b-15.138 - Public Meetings
  The department shall undertake an informational and educational effort to acquaint landowners with the basic objectives and details of the program by conducting public...
• Section 13:1b-15.139 - Projects By Private Landowners
  a. Voluntary offers to undertake certain projects shall be solicited by the department from private landowners. The department may provide a landowner with any...
• Section 13:1b-15.140 - Eligible Projects
  Projects eligible for consideration by the commissioner shall include but not necessarily be limited to: a. Installation, repair or replacement of existing protective structures,...
• Section 13:1b-15.141 - Liability Of Owner, Lessee Or Occupant
  a. An owner, lessee or occupant of land for which an access covenant has been entered into and who is participating in the program...
• Section 13:1b-15.142 - Assessment And Taxation
  The access covenant for recreational purposes shall not affect the assessment and taxation of agricultural land which is taxed pursuant to the "Farmland Assessment...
• Section 13:1b-15.143 - Appointment Of Officers, Employees; Qualifications.
  11.Subject to the provisions of Title 11A of the New Jersey Statutes, and within the limits of funds appropriated or otherwise made available, the...
• Section 13:1b-15.144 - Report
  The commissioner shall submit a written report to the Governor and to the Legislature within one year of the effective date of this act....
• Section 13:1b-15.145 - Application, Acceptance And Expenditure Of Funds
  The department may apply for, accept and expend funds from any public or private source for the purposes of planning and implementing the program...
• Section 13:1b-15.146 - Findings, Declarations
  The Legislature finds and declares that this State has a rich natural heritage which is in danger of disappearing as the State continues to...
• Section 13:1b-15.147 - Natural Heritage Program
  There is established in the Division of Parks and Forestry, Department of Environmental Protection, a Natural Heritage Program. The purpose of the program is...
• Section 13:1b-15.148 - Functions
  The functions of the program shall include, but need not be limited to: a. Maintaining and updating, through data collection and field work, a...
• Section 13:1b-15.149 - Fees
  The Commissioner of Environmental Protection is authorized to charge and collect fees in an amount sufficient to cover the costs of any services performed...
• Section 13:1b-15.150 - Administration
  With the approval of the Governor, the Commissioner of Environmental Protection may cooperate with and receive money from the federal government, or any county...
• Section 13:1b-15.151 - Short Title
  This act shall be known and may be cited as the "Endangered Plant Species List Act." L.1989, c.56, s.1.
• Section 13:1b-15.152 - Findings, Declarations
  The Legislature finds and declares that plant species have medicinal, genetic, ecological, educational and aesthetic value to the citizens of New Jersey; that the...
• Section 13:1b-15.153 - Definitions
  As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Department" means the Department of Environmental Protection; "Endangered species"...
• Section 13:1b-15.154 - Endangered Plant Species List
  Within one year of the effective date of this act, the Division of Parks and Forestry in the Department of Environmental Protection shall, on...
• Section 13:1b-15.155 - Research To Determine Eligibility
  Within the limits of funds appropriated or otherwise made available to the department for this purpose, the commissioner shall direct research and investigations relating...
• Section 13:1b-15.156 - Moneys
  The commissioner may cooperate with, and accept moneys from, the federal government, or any county or municipal government, or from any other State or...
• Section 13:1b-15.157 - Educational, Informational Programs
  Within the limits of funds appropriated or otherwise made available to the department for this purpose, the commissioner shall develop and implement any educational...
• Section 13:1b-15.158 - Rules, Regulations
  The department shall, within 90 days of the effective date of this act and pursuant to the "Administrative Procedure Act," propose rules and regulation...
• Section 13:1b-15.159 - Establishment Of Natural Resources Inventory.
  1.The Department of Environmental Protection, in cooperation with the Division of Travel and Tourism in the Department of State, in consultation with the Pinelands...
• Section 13:1b-15.160 - Pamphlet Of Information Published
  2. Within one year of the effective date of this act, the Department of Environmental Protection shall publish and make available to the public...
• Section 13:1b-15.161 - Information On Public Computer Network
  3. Within one year of the publication of the pamphlet completed pursuant to section 2 of this act, the Department of Environmental Protection shall...
• Section 13:1b-16 - Division Of Veterans' Services, Powers And Duties Transferred To
  All of the functions, powers and duties of the Division of Veterans' Services of the existing Department of Economic Development, and of the Department...
• Section 13:1b-17 - Veterans Loan Authority Transferred To Department; Powers And Duties
  The veterans loan authority created by an act entitled "An act to provide for guaranteed or insured bank loans to certain war veterans for...
• Section 13:1b-18 - Powers And Duties Of Public Housing And Development Authority To Be Performed Through Division Of Veterans' Services
  The functions, powers and duties of the public housing and development authority under and pursuant to "An act providing for housing for veterans of...
• Section 13:1b-19 - Director Of Division Of Veterans' Services
  The Division of Veterans' Services shall be under the immediate supervision of a director, who shall be a person qualified by training and experience...
• Section 13:1b-20 - Veterans' Services Council.
  22.There shall be within the Department of Military and Veterans' Affairs, a Veterans' Services Council which shall consist of twelve members and shall include...
• Section 13:1b-21 - Powers And Duties Of Veterans' Services Council.
  23.The Veterans' Services Council shall, subject to the approval of the commissioner, formulate comprehensive policies for the co-ordination of all services for the benefit...
• Section 13:1b-22 - Powers And Duties Of Economic Council To Be Performed By Veterans' Services Council
  The Veterans' Services Council shall succeed to, and shall exercise and perform, the functions, powers and duties of the Economic Council of the existing...
• Section 13:1b-23 - Division Of Fish And Game, Powers And Duties Transferred To
  All of the functions, powers and duties of the Division of Fish and Game of the existing State Department of Conservation, of the Fish...
• Section 13:1b-24 - Fish And Game Council; Members; Terms
  There shall be within the Division of Fish, Game and Wildlife, a Fish and Game Council which shall consist of 11 members, each of...
• Section 13:1b-25 - Sportsmen's Clubs Eligible For Membership
  In order to permit for the broadest possible representation of sportsmen in the making of recommendations for appointment of sportsmen to membership in the...
• Section 13:1b-26 - Chairman Of Fish And Game Council; Vacancies; Removal; Compensation; Eligibility
  Each Governor shall designate one of the members of the council as chairman of such council. Any member of the council so designated shall...
• Section 13:1b-27 - Director Of Division Of Fish And Game
  The Division of Fish and Game shall be under the immediate supervision of a director, who shall be a person with special training and...
• Section 13:1b-28 - Council To Formulate Policies; Other Duties
  In addition to its powers and duties otherwise hereinafter provided, the Fish and Game Council shall, subject to the approval of the commissioner, formulate...
• Section 13:1b-29 - Definitions
  As used in this article, unless otherwise specifically indicated: "Division" means the Division of Fish and Game in the Department of Conservation and Economic...
• Section 13:1b-30 - State Fish And Game Code
  For the purpose of providing an adequate and flexible system of protection, propagation, increase, control and conservation of fresh water fish, game birds, game...
• Section 13:1b-31 - Regulations And Amendments Thereof Relating To Fish
  Any regulation of the council or amendment thereto adopted pursuant to the provisions of this article which relates to fresh water fish, or any...
• Section 13:1b-32 - Regulations And Amendments Thereof Relating To Game
  Any regulation of the council or amendment thereto adopted pursuant to the provisions of this article which relates to game birds, game animals or...
• Section 13:1b-33 - Public Hearing On Regulations; Notice
  Prior to final adoption by the council of any regulation authorized to be established pursuant to the provisions of this article, or any amendment...
• Section 13:1b-34 - Adoption Of Regulations, Amendments Or Repealers; Publication; Evidence; Emergencies
  If after such hearing the council is satisfied that the proposed regulation, amendment or repealer, or any part of such regulation, amendment or repealer,...
• Section 13:1b-35 - Review Of Regulations, Amendments Or Repealers
  Any regulation, or amendment thereto, or repealer thereof adopted by the council pursuant to the provisions of this article shall be subject to review...
• Section 13:1b-36 - Violation Of Fish And Game Code Provisions
  It shall be unlawful for any person to violate any of the provisions of the State Fish and Game Code adopted and published in...
• Section 13:1b-37 - Cost Of Licenses, Permits Or Fees Not Affected
  The provisions of the State Fish and Game Code shall not in any manner affect, change or modify any of the provisions of Title...
• Section 13:1b-38 - Wardens And Deputies; Powers And Duties
  The fish and game wardens and deputy fish and game wardens shall enforce all the provisions of the State Fish and Game Code, and...
• Section 13:1b-39 - Pending Prosecutions; Violation Of Laws Rendered Inoperative
  The adoption by the council of any regulation pursuant to the provisions of this article shall not affect any prosecution pending on the effective...
• Section 13:1b-40 - Partial Invalidity Of Article
  If any clause, sentence, paragraph, or part of this article or the application thereof to any person or circumstance, shall, for any reason, be...
• Section 13:1b-41 - Effective Date Of Article
  The provisions of this article shall be inoperative until the first day of April, one thousand nine hundred and forty-nine. L.1948, c. 448, p....
• Section 13:1b-48 - Director Of Division Of Water Policy And Supply
  The Division of Water Policy and Supply shall be under the immediate supervision of a director, who shall be a person qualified by training...
• Section 13:1b-49.1 - Water Policy And Supply Council; Transfer Of Powers, Duties And Functions To Department Of Environmental Protection
  All of the powers, duties and functions of the Water Policy and Supply Council are transferred to the Department of Environmental Protection. Whenever the...
• Section 13:1b-49.2 - Water Supply Advisory Council.
  18. a. There is established in the department a Water Supply Advisory Council which shall consist of eleven members appointed by the Governor with...
• Section 13:1b-49.3 - Duties Of Water Supply Advisory Council
  The council shall: a. Advise the department concerning the preparation, adoption and revision of the New Jersey Statewide Water Supply Plan; b. Advise the...
• Section 13:1b-49.4 - Powers Of Water Supply Advisory Council
  The council may: a. Review any matter relating to water supply and to transmit such recommendations thereon to the department or to the New...
• Section 13:1b-63 - Grants, Conveyances, Devises, Bequests And Donations; Acceptance For State
  The department, or any of the divisions established hereunder, is authorized to accept for and in the name of the State, subject to the...
• Section 13:1b-65 - Federal Grants
  The department, or any of the divisions established hereunder, may, subject to the approval of the Governor and Commissioner of Conservation and Economic Development,...
• Section 13:1b-68 - Terms Of Directors Of Morris Canal And Banking Company To Expire; Persons To Constitute Board Until Successors Qualify
  The terms of office of the present directors of the Morris Canal and Banking Company shall expire on the effective date of this act,...
• Section 13:1b-69 - Terms, As Used In Laws, Contracts Or Documents, Defined
  Whenever the term "Department of Economic Development" occurs or any reference is made thereto in any law, contract or document, the same shall be...
• Section 13:1b-70 - Repeal
  Sections 12:9-1, 12:9-10 and 12:10-1 of the Revised Statutes are repealed. In addition thereto, all acts and parts of acts inconsistent with any of...
• Section 13:1b-71 - Short Title
  This act shall be known as, and may be cited as, the "Department of Environmental Protection Act of 1970." L.1948, c. 448, p. 1847,...
• Section 13:1c-2 - Board Of Recreation Examiners Abolished, Powers, Duties; Transferred.
  2. a. There is hereby established in the Department of Community Affairs the Board of Recreation Examiners of the State of New Jersey, which...
• Section 13:1d-1 - Reorganization Of Department Of Conservation And Economic Development
  The Department of Conservation and Economic Development heretofore established as a principal department in the Executive Branch of the State Government is hereby reorganized,...
• Section 13:1d-2 - Continuation Of Functions
  Except as otherwise provided by this act, all the functions, powers and duties of the existing Department of Conservation and Economic Development and the...
• Section 13:1d-3 - Division Of Marine Services; Natural Resource Council
  a. The Division of Marine Services, together with all of its functions, powers and duties is continued as the Division of Coastal Resources in...
• Section 13:1d-4 - Division Of Fish, Game And Shell Fisheries; Fish And Game Council; Shell Fisheries Council
  a. All the functions, powers and duties of the Division of Fish and Game of the existing Department of Conservation and Economic Development, of...
• Section 13:1d-5 - Division Of Environmental Quality
  The Division of Clean Air and Water established by Executive Notice No. 109, dated February 16, 1967, and Executive Notice No. 132 dated July...
• Section 13:1d-6 - Director Of Division Of Environmental Quality
  The Director of the Division of Environmental Quality shall be appointed by the commissioner, subject to the approval of the Governor, and shall serve...
• Section 13:1d-7 - Department Of Health, Transfer Of Certain Functions; Clean Air Council; Clean Water Council; Commission On Radiation Protection
  a. All the functions, powers and duties heretofore exercised by the Department of Health, the commissioner thereof, and of the Public Health Council relating...
• Section 13:1d-8 - Department Of Agriculture; Transfer Of Certain Functions
  All the functions, powers and duties heretofore exercised by the Department of Agriculture, the Secretary thereof, and the State Chemist therein, pursuant to the...
• Section 13:1d-9 - Powers Of Department.
  12.The department shall formulate comprehensive policies for the conservation of the natural resources of the State, the promotion of environmental protection and the prevention...
• Section 13:1d-9.1 - Definitions
  1. As used in this act: "Department" means the Department of Environmental Protection. "Fee" means any fee, assessment or other charge imposed by the...
• Section 13:1d-9.2 - Report On Department Fees, Requirements
  2. On or before December 31, 1991 and December 31 of each year thereafter, the department shall submit to the Governor, the Legislature, and...
• Section 13:1d-9.3 - Environmental Program Fee Fund
  3. Notwithstanding any law, rule or regulation to the contrary, and beginning with each State fiscal year commencing on and after July 1 next...
• Section 13:1d-10 - Division Of Economic Development; Economic Development Council; New Jersey Area Redevelopment Authority; Department Of Institutions And Agencies; Veterans' Services Council
  a. The Division of Economic Development, together with all of its functions, powers and duties, is continued, transferred and constituted the Division of Economic...
• Section 13:1d-11 - Transfer Of Appropriations, Grants And Other Moneys
  a. All appropriations, grants and other moneys available and to become available to any department, division, bureau, board, commission, council or other agency, the...
• Section 13:1d-12 - Transfer Of Employees
  a. Such employees of any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein...
• Section 13:1d-13 - Employee's Tenure Rights
  Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by...
• Section 13:1d-13.1 - Unclassified Titles
  2. a. Notwithstanding any provision of law to the contrary in Title 11A (Civil Service) of the New Jersey Statutes, the following titles in...
• Section 13:1d-13.2 - Reinstatement To Classified Service
  3. a. Any employee of the Department of Environmental Protection in the classified service holding a position on the effective date of this act...
• Section 13:1d-13.3 - Classified And Senior Executive Service
  4. a. Within 60 days of the effective date of this act, the Department of Personnel shall, pursuant to N.J.S.11A:3-1, assign or reassign, (1)...
• Section 13:1d-14 - Transfer Of Records And Equipment
  a. All files, books, papers, records, equipment and other property of any department, division, bureau, board, commission, council or other agency, the functions, powers...
• Section 13:1d-15 - Orders, Rules, Regulations
  This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, division, bureau, board, commission, council or other...
• Section 13:1d-16 - Actions And Proceedings
  This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, division, bureau, board, commission, council or other...
• Section 13:1d-17 - Reports And Certifications
  Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required...
• Section 13:1d-18 - References In Laws, Regulations, Contracts, Etc.; To Other Agencies
  With respect to the functions, powers and duties hereby transferred to the Department of Environmental Protection, whenever in any law, rule, regulation, contract, document,...
• Section 13:1d-18.1 - Use Of Terms
  Whenever the term "Division of Natural Resources" or "Director of the Division of Natural Resources" occurs or any reference is made thereto in any...
• Section 13:1d-18.2 - References Deemed To Refer To Tidelands Resource Council
  a. Whenever the term "Division of Resource Development" , "Division of Natural Resources" , or "Division of Marine Services" or the terms "Director of...
• Section 13:1d-18.3 - Office Of Recycling
  a. There is established in the Department of Environmental Protection a New Jersey Office of Recycling. All of the functions, powers and duties heretofore...
• Section 13:1d-19 - Repealer
  All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and...
• Section 13:1d-29 - Definitions
  For the purposes of this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings: a. "Commissioner"...
• Section 13:1d-30 - Application For Construction Permits; Review; Request For Additional Information
  The department shall promptly review all applications for construction permits. The department shall within 20 working days following the filing of an application for...
• Section 13:1d-31 - Application For Construction Permit; Approval Conditioning Or Disapproval; Time Period
  The department shall approve, condition or disapprove an application for a construction permit within 90 days following the date that the application is complete,...
• Section 13:1d-32 - Failure To Take Action Within Time Period; Application Deemed Approved
  4. In the event that the department fails to take action on an application for a construction permit within the 90-day period specified herein,...
• Section 13:1d-33 - Rules, Regulations; "Environmental Services Fund;" Fees
  5. a. The commissioner shall adopt, amend and repeal rules and regulations to implement the provisions of this act. The commissioner shall in accordance...
• Section 13:1d-34 - Monthly Bulletin
  The commissioner shall publicly distribute, at least monthly, a bulletin, listing the pending applications for construction permits and the status of the review of...
• Section 13:1d-35 - Short Title
  1. Sections 1 through 16 of this act shall be known, and may be cited, as the "Pollution Prevention Act." L.1991,c.235,s.1.
• Section 13:1d-36 - Findings, Declarations
  2. The Legislature finds and declares that thousands of tons of a multitude of hazardous substances, the environmental and health effects of which are...
• Section 13:1d-37 - Definitions.
  3.As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection. "Consume" means to change or alter the molecular structure...
• Section 13:1d-38 - Office Of Pollution Prevention Established; Programs; Reports
  4. a. There is established in the Department of Environmental Protection the Office of Pollution Prevention. The office shall be under the immediate supervision...
• Section 13:1d-40 - Rules, Regulations
  6. a. Within 18 months of the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410...
• Section 13:1d-41 - Information Required In Pollution Prevention Plan
  7. a. The information required by the department in a pollution prevention plan shall cover the previous calendar year and be reported in two...
• Section 13:1d-42 - Preparation Of Pollution Prevention Plan, Submission Of Summary; Progress Reports
  8. a. The owner or operator of each priority industrial facility having a Standard Industrial Classification, as designated by the federal Office of Management...
• Section 13:1d-43 - Department Authorized To Require Submission Of Pollution Prevention Plan, Summary, Progress Report
  9. a. The department shall have the authority to require the owner or operator of a priority industrial facility to prepare and submit a...
• Section 13:1d-44 - Department May Direct Owner Of Non-priority Industrial Facility To Submit Pollution Prevention Plan, Summary, Progress Report
  10. a. The department, pursuant to the criteria established in rules and regulations adopted pursuant to subsection c. of section 6 of this act,...
• Section 13:1d-45 - Department Research On Pollution Prevention Trends
  11. The department shall conduct research on pollution prevention trends within each of the Standard Industrial Classification industry groups represented by priority industrial facilities....
• Section 13:1d-46 - Department May Enter Industrial Facility To Obtain Information About Pollution Prevention Practices
  12. The department may enter any industrial facility for the purpose of obtaining information concerning the industrial facility's pollution prevention practices, reviewing a pollution...
• Section 13:1d-47 - Omission Of Trade Secrets From Pollution Plan, Summary
  13. a. Any owner or operator of an industrial facility required to prepare a pollution prevention plan and submit to the department a pollution...
• Section 13:1d-48 - Designation Of Priority Industrial Facilities To Receive Permit
  14. a. Within 18 months of adoption of the rules and regulations required pursuant to section 6 of this act, the department shall designate...
• Section 13:1d-49 - Violations, Penalties
  15. a. Whenever, on the basis of information available to the commissioner, the commissioner finds that a person is in violation of this act,...
• Section 13:1d-50 - "Pollution Prevention Fund" Established
  16. There is established in the department a nonlapsing fund to be known as the "Pollution Prevention Fund," hereinafter referred to as "the fund."...
• Section 13:1d-51 - Definitions
  1. As used in sections 1 through 7 of this amendatory and supplementary act: "Commissioner" means the Commissioner of the Department of Environmental Protection....
• Section 13:1d-52 - Conditions For Conveyance Of Lands; Fees
  2. a. No lands acquired or developed by the State with Green Acres funds, or acquired or developed by the State in any other...
• Section 13:1d-53 - Notice Of Public Hearing
  3. In addition to any other applicable requirements of law, rule, or regulation, the department shall provide notice of any public hearing required pursuant...
• Section 13:1d-54 - Information Included In Notices
  4. The department shall include the following information in all notices required pursuant to section 3 of this amendatory and supplementary act: a. A...
• Section 13:1d-55 - Submission Of Summary, Transcripts Of Public Hearing
  5. The appropriate agency, division, or office within the department conducting a public hearing required pursuant to paragraph (4) of subsection a. of section...
• Section 13:1d-56 - Valuation Of Lands; Terms As Covenants Running With The Land
  6. a. For the purpose of determining the amount of consideration to be paid or transferred to the State in exchange for conveying lands...
• Section 13:1d-57 - Disposition Of Proceeds; Management Of Lands
  7. a. Except as provided pursuant to section 8 of P.L.1983, c.324 (C.13:1L-8) and sections 1 and 3 of P.L.1958, c.93 (C.23:8A-1 and C.23:8A-3),...
• Section 13:1d-58 - Nonapplicability Of C.13:1d-51 et Seq.; Hearing, Determination.
  1. a. The provisions of P.L.1993, c.38 (C.13:1D-51 et seq.) shall not apply in the case of conveyances by the State or the department...
• Section 13:1d-64 - "Antifreeze" Defined.
  1.As used in this act: "Antifreeze" means any substance intended for use as the cooling medium, or to be added to the cooling liquid,...
• Section 13:1d-65 - Addition Of Bittering Agent Required.
  2. a. Any engine coolant or antifreeze manufactured on or after January 1, 2011 and subsequently sold in this State, and that contains more...
• Section 13:1d-66 - Immunity From Liability.
  3.A manufacturer, processor, seller, distributor, or recycler of engine coolant or antifreeze that is required pursuant to this act to include a bittering agent...
• Section 13:1d-67 - Inapplicability.
  4.The provisions of this act shall not apply to any of the following: a.the sale of a motor vehicle that contains engine coolant or...
• Section 13:1d-68 - Violations, Penalties Relative To Violations Of C.13:1d-65.
  1. a. Any person who violates any provision of section 2 of P.L.2009, c.277 (C.13:1D-65) shall be subject to a civil penalty of up...
• Section 13:1d-69 - Construction Of Act Relative To C.13:1d-65.
  2.Nothing set forth in P.L.2009, c.277 (C.13:1D-64 et seq.) shall be construed as creating, establishing, or authorizing a private cause of action by an...
• Section 13:1d-101 - Checklist Of Requirements; Permit Defined
  1. Within 180 days of the effective date of this act, the Department of Environmental Protection shall provide each applicant, or prospective applicant, for...
• Section 13:1d-102 - Reliance On Checklists; Applications Deemed Complete; Construction Of Section
  2. a. Checklists prepared pursuant to section 1 of this act shall constitute the exclusive and exhaustive list of items required to be submitted...
• Section 13:1d-103 - Applicants Advised And Informed By Department
  3. The department shall advise a prospective applicant of his right to request a pre-application conference with appropriate departmental staff, and of the estimated...
• Section 13:1d-104 - Guidance Provided, Pre-application Conference
  4. a. Within 30 days of receipt of a written request therefor, the department shall convene a pre-application conference to provide guidance to a...
• Section 13:1d-105 - Classification System For Permits
  1. Within 120 days of the effective date of this act, the Department of Environmental Protection shall establish classes or categories (hereinafter referred to...
• Section 13:1d-106 - Review Schedules For Classes Of Permits
  2. a. Within 120 days of the effective date of this act, the department shall adopt guidelines establishing review schedules for each class or...
• Section 13:1d-107 - Level Of Review, Identification
  3. Within 120 days from the effective date of this act, the department shall identify for each class or category of permit the administrative...
• Section 13:1d-108 - Publication Of Information On Classes And Review
  4. a. Within 150 days from the effective date of this act, the department shall publish in the New Jersey Register the classification and...
• Section 13:1d-108.1 - Biotechnology Permit Acceleration Task Force
  1. a. There is created within the Department of Environmental Protection a Biotechnology Permit Acceleration Task Force. In addition to the activities specifically enumerated...
• Section 13:1d-109 - Reports On Application Dispositions
  5. a. Not later than February 1 of each year for three consecutive years, beginning on February 1 next following the first full year...
• Section 13:1d-110 - Evaluation Of Applications, Notice Of Deficiencies; Definitions
  1. The Department of Environmental Protection shall, within 30 days of receipt of a permit application, evaluate each application and supporting documentation thereon, to...
• Section 13:1d-111 - Technical Manual For Each Class Of Permit, Requirements
  1. Within 12 months of the effective date of this section, the Department of Environmental Protection shall develop a technical manual for each class...
• Section 13:1d-112 - Effect Of Technical Manual On Filed Applications; Revisions
  2. a. Policies and interpretations contained in a technical manual developed pursuant to section 1 of this act and in force on the date...
• Section 13:1d-113 - Availability Of Copies; Fees
  3. The department shall make copies of technical manuals developed pursuant to this act readily available to prospective applicants for department permits and the...
• Section 13:1d-114 - Information On Permit Applications
  1. The Department of Environmental Protection shall compile information and maintain records concerning the review of, and actions taken on, permit applications filed with...
• Section 13:1d-114.1 - Use Of Permit Fee Revenues To Fund Permit Management Staff
  1. With regard to any permit defined pursuant to section 1 of P.L. 1991, c.417 (C.13:1D-114), and notwithstanding any other provision of law to...
• Section 13:1d-115 - Semi-annual Informational Reports
  2. a. The Department of Environmental Protection shall prepare, and submit to the Senate Environmental Quality Committee and the Assembly Energy and Environment Committee,...
• Section 13:1d-115.1 - Annual Report To Legislature
  23. In addition to the information required to be submitted annually to the Legislature pursuant to section 2 of P.L.1991, c.417 (C.13:1D-115), the department...
• Section 13:1d-116 - Continuing Education Seminars; Fees; Definitions
  1. a. The Department of Environmental Protection shall periodically, as necessary, but at least annually, for each class or category of permit as established...
• Section 13:1d-117 - Record Of Attendees; Conduct By Qualified Entity
  2. a. The department shall keep a record of the name of any member of a regulated profession attending a continuing education seminar conducted...
• Section 13:1d-118 - Cooperation Of Professional Licensing Boards
  3. All professional licensing boards established by law shall cooperate with the department in implementing this act. L.1991,c.419,s.3.
• Section 13:1d-119 - Reports On Backlogs Of Review Of Permit Applications
  1. a. The Department of Environmental Protection shall report, in writing, to the Assembly Energy and Environment Committee and Senate Environmental Quality Committee, or...
• Section 13:1d-120 - Findings, Declarations
  1. The Legislature finds and declares that: a. It is within the public interest to promote economic growth, to encourage and foster the development...
• Section 13:1d-121 - Definitions
  2. As used in this act: "Administrative review" means a review to determine whether all of the information which is required for a permit...
• Section 13:1d-122 - Schedule For Payment Of Fees
  3. a. The commissioner shall adopt rules and regulations establishing a schedule for the payment of fees for applications for those permits issued by...
• Section 13:1d-123 - Inapplicability Of Act
  4. The provisions of this act shall not apply to any license or certification fee charged by the department to a member of a...
• Section 13:1d-124 - Rules, Regulations
  5. The commissioner, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations setting forth...
• Section 13:1d-125 - Findings, Declarations Relative To Enforcement Of Environmental Laws
  1. The Legislature finds and declares that: The Department of Environmental Protection has historically measured the success of its enforcement programs based upon the...
• Section 13:1d-126 - Definitions
  2. As used in this act: "Department" means the Department of Environmental Protection. "Environmental law" means the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1...
• Section 13:1d-127 - Minor Violations
  3. a. Upon identification of a violation of an environmental law which, pursuant to section 5 of this act, is designated as a minor...
• Section 13:1d-128 - Failure To Correct Violation
  4. If the person responsible for the minor violation fails to correct or achieve compliance within the period of time specified in the order,...
• Section 13:1d-129 - Rules, Regulations; Violation Designation
  5. a. The department shall promulgate rules and regulations designating specific types or categories of violations within each regulatory and enforcement program of each...
• Section 13:1d-130 - Voluntary Disclosure; Nonimposition Of Penalty
  6. Whenever a person responsible for a minor violation designated as such pursuant to section 5 of this act of an environmental law voluntarily...
• Section 13:1d-131 - Violation Procedures Prior To Adopted Rules, Regulations
  7. Prior to the adoption of the rules and regulations prescribed in subsection a. of section 5 of P.L.1995, c.296 (C.13:1D-129), the department or...
• Section 13:1d-132 - Report, Contents; Recommendations
  8. The department shall annually submit to the Governor and the Legislature a report that provides the following information on each regulatory and enforcement...
• Section 13:1d-133 - Rules, Regulations; Submission To Legislature
  9. Within 180 days of the effective date of this act, the department, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968,...
• Section 13:1d-134 - Findings, Declarations Relative To Development, Promotion Of Energy, Environmental Technology.
  1.The Legislature finds and declares that it is in the public interest to encourage new businesses to locate in the State and assist existing...
• Section 13:1d-135 - Definitions Relative To Development, Promotion Of Energy, Environmental Technology.
  2.For the purposes of this act: "Corporation" means the New Jersey Corporation for Advanced Technology, a not-for-profit membership corporation, incorporated under the "New Jersey...
• Section 13:1d-136 - Performance Partnership Agreement.
  3. a. Pursuant to the performance contract authority established by subsection q. of section 12 of P.L.1970, c.33 (C.13:1D-9), the Department of Environmental Protection...
• Section 13:1d-137 - Reciprocal Environmental Technology Agreements.
  4.The department shall enter into reciprocal environmental technology agreements concerning the evaluation and verification protocols used by the corporation and the department between the...
• Section 13:1d-138 - Rules, Regulations Adopted By Dep
  1.The Department of Environmental Protection, in consultation with the Department of Labor, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
• Section 13:1d-139 - Regulated Universe Of Business Entities
  2. a. The generally equivalent universe of employers, entities, establishments, or facilities identified in the rules and regulations adopted by the Department of Environmental...
• Section 13:1d-140 - Regulation Prior To Operative Date
  3.Prior to the operative date of the rules and regulations required to be adopted by the Department of Environmental Protection pursuant to section 1...
• Section 13:1d-141 - Temporary Regulations
  4.Prior to the adoption of rules and regulations pursuant to section 1 of this act and notwithstanding the provisions of the "Administrative Procedure Act,"...
• Section 13:1d-144 - Definitions Relative To Smart Growth In Dep And Expedited Permits.
  4.As used in sections 5 and 10 of P.L.2004, c.89 (C.13:1D-145 and C.13:1D-146): "Applicant" means any person applying for a permit pursuant to sections...
• Section 13:1d-145 - Division Of Smart Growth Established In Dep.
  5. a. There is established in the Department of Environmental Protection a Division of Smart Growth under the direction of a director, who shall...
• Section 13:1d-146 - Additional Provisions Concerning Expedited Permit Mechanisms.
  10. a. In addition to the provisions of subsection c. of section 5, subsection c. of section 7 and subsection c. of section 9...
• Section 13:1d-147 - Construction Of Act Relative To Preservation Area Of Highlands Region.
  19. Nothing in this act shall be construed to apply to, or affect in any way, the preservation area of the Highlands Region as...
• Section 13:1d-148 - "Environmental Stewardship Program."
  1. a. The Commissioner of Environmental Protection shall establish a list of businesses, companies, and corporations in the State that are, as determined by...
• Section 13:1d-149 - Study Of Availability And Efficiency Of Blue And Green Roofs As Stormwater Management Tools.
  1.The Commissioner of Environmental Protection shall periodically study the availability and efficiency of blue roofs and green roofs as stormwater management tools, and make,...
• Section 13:1e-1 - Short Title
  This act shall be known, and may be cited, as the "Solid Waste Management Act." L.1970, c. 39, s. 1, eff. May 6, 1970....
• Section 13:1e-2 - Legislative Findings And Declaration Of Policy
  a. The Legislature finds that the collection, disposal and utilization of solid waste is a matter of grave concern to all citizens and is...
• Section 13:1e-3 - Definitions.
  3.As used in the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.): "Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial...
• Section 13:1e-4 - Supervision Of Solid Waste Collection Activities, Facilities, Disposal Operations.
  4.The department shall have power to supervise solid waste collection activities, solid waste facilities and solid waste disposal operations, and shall in the exercise...
• Section 13:1e-5 - Registration Statement, Engineering Design; Approval.
  5. a. No person shall engage in the collection or disposal of solid waste in this State without first filing an application for a...
• Section 13:1e-5a - Registration Renewal Of Solid Waste Collection And Disposal Vehicles.
  33.Notwithstanding sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and C.13:1E-5) and any regulations promulgated thereunder, the registration renewal of solid waste collection and...
• Section 13:1e-5.1 - Application; Notice To Municipality; Rejection Or Grant Of Tentative Approval; Transmittal With Fact Sheet; Public Hearing; Recommendations Of Administrative Law Judge; Approval Or Denial By Department
  In addition to all other standards, conditions and procedures required pursuant to law for the approval of applications for registration statements and engineering designs...
• Section 13:1e-5.2 - Facility On Site In More Than One Municipality; Notices; Affected Municipalities As Single Party
  In the event that any application review by the department pursuant to this 1983 act is for a registration statement and engineering design approval...
• Section 13:1e-5.3 - Sanitary Landfill Facility On Property Of State College; Prohibition Of Approval; Termination Of Contractual Right Or Regulatory Approval; Reimbursement
  a. Notwithstanding the provisions of any law, rule or regulation to the contrary, the Commissioner of the Department of Environmental Protection shall not approve...
• Section 13:1e-6 - Powers And Duties Of Department
  a. The department shall, in addition to such other powers as it may possess by law: (1) Undertake a program of research and development...
• Section 13:1e-7 - Advisory Council On Solid Waste Management
  7. a. There is hereby created in the department an Advisory Council on Solid Waste Management which shall consist of 14 members, four of...
• Section 13:1e-8 - Council Powers
  8. The Advisory Council on Solid Waste Management is empowered to: a. Request from the commissioner such information concerning the Statewide solid waste management...
• Section 13:1e-9 - Codes, Rules And Regulations; Enforcement; Penalties
  9. a. All codes, rules and regulations adopted by the department related to solid waste collection and disposal shall have the force and effect...
• Section 13:1e-9.1 - Surcharges
  2. The provisions of any law to the contrary notwithstanding, the owner or operator of any sanitary landfill facility may collect any fee imposed...
• Section 13:1e-9.2 - Reward For Information
  A member of the public who supplies information to an enforcing authority which proximately results in the imposition and collection of a civil penalty...
• Section 13:1e-9.3 - Disposal, Transportation Of Solid Waste; Authorization.
  2. a. No person shall, regardless of intent, engage, or be permitted to engage, in the disposal of solid waste in excess of 0.148...
• Section 13:1e-9.4 - Penalties
  3. a. Any person who violates the provisions of subsection a. or b. of section 2 of P.L.1989, c.118 (C.13:1E-9.3) commits a disorderly persons...
• Section 13:1e-9.5 - Issuance Of Emergency Order
  a. If the commissioner determines that any activity occurring at a solid waste facility, recycling center, or any other site at which solid waste...
• Section 13:1e-9.6 - Solid Waste Disposal Offenses, Degree Of Crime, Penalties.
  5. a. A person is guilty of a crime of the second degree if that person knowingly: (1)disposes of solid waste, or causes or...
• Section 13:1e-11 - Temporary Approval Of Registration
  11. a. During the first registration year of each applicant or permittee as defined in section 2 of P.L.1983, c.392 (C.13:1E-127) for approval of...
• Section 13:1e-12 - Revocation Or Suspension Of Registration
  The department, after hearing, may revoke or suspend the registration issued to any person engaged in the solid waste collection or solid waste disposal...
• Section 13:1e-13 - Tax Exemption
  All property acquired or utilized by the department to implement the provisions of this act shall be exempt from all taxation, State and local....
• Section 13:1e-14 - Liberal Construction
  This act shall be liberally construed to effectuate the purpose and intent thereof. L.1970, c. 39, s. 14, eff. May 6, 1970.
• Section 13:1e-15 - 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...
• Section 13:1e-15.1 - Hours Of Operation; Facility Within 1000 Feet Of Residential Zone
  Notwithstanding the provisions of P.L.1970, c. 40 (C. 48:13A-1 et seq.) or any other law, rule or regulation to the contrary, no solid waste...
• Section 13:1e-18 - Fees
  3. a. The department may in accordance with a fee schedule adopted as a rule or regulation establish and charge annual or periodic fees...
• Section 13:1e-19 - Solid Waste Management Districts; Designation
  Every county in the State of New Jersey and the Hackensack Meadowlands District is hereby designated a solid waste management district. L.1975, c. 326,...
• Section 13:1e-20 - Solid Waste Management Plans
  a. (1) Within 360 days after the effective date of this amendatory and supplementary act, the respective boards of chosen freeholders, in the case...
• Section 13:1e-21 - Solid Waste Management Plan; Report; Contents
  a. Every solid waste management plan shall be based upon and shall be accompanied by a report containing: (1) An inventory of the sources,...
• Section 13:1e-22 - Prohibition Of Solid Waste Facilities Competitive With Facilities Of Public Authority; Agreements Or Contracts; Authorization
  In order to preserve and maintain the State's pledges and covenants with the holders of any bonds issued by any public authority, no solid...
• Section 13:1e-23 - Adoption Of Solid Waste Management Plan; Procedure; Review
  a. Pursuant to the procedures herein contained, the respective boards of chosen freeholders, in the case of counties, and the Hackensack Commission, in the...
• Section 13:1e-24 - Submission To Commissioner; Approval, Modification Or Rejection; Certification; Adoption Of Modification By District; Filing
  a. Upon receipt by the commissioner of a solid waste management plan adopted in its entirety, and a copy of the transcript of every...
• Section 13:1e-25 - Payment Of Costs; Adoption Of County Solid Waste Disposal Financing Law
  a. Every action taken pursuant to the provisions of this amendatory and supplementary act by any county is hereby declared to be a county...
• Section 13:1e-26 - Approval By Commissioner Prior To Construction, Acquisition, Or Operation Of Facility
  17. a. Prior to the construction, acquisition, or operation of any solid waste facility in any solid waste management district pursuant to the adopted...
• Section 13:1e-27 - Solid Waste Facility Deemed Public Utility
  18. Any solid waste facility constructed, acquired or operated pursuant to the provisions of the "Solid Wast Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.)...
• Section 13:1e-28 - Annual Payment To Host Municipality
  19. a. Any municipality within which a sanitary landfill facility is located pursuant to an adopted and approved district solid waste management plan shall...
• Section 13:1e-28.1 - Transfer Station Payment To Host Municipality
  2. a. Any municipality within which a transfer station is located pursuant to an adopted and approved district solid waste management plan shall be...
• Section 13:1e-28.2 - Nonapplicability
  The provisions of section 2 of P.L.1987, c.449 (C.13:1E-28.1) shall not apply to a solid waste facility at which solid waste is received from...
• Section 13:1e-28.3 - Annual Economic Benefit For Certain Neighboring Municipalities
  2. a. Any municipality with a population density of more than 1,500 persons per square mile, according to the latest federal decennial census, that...
• Section 13:1e-29 - Issuance Of Bonds Or Modification Or Renewal Of Contracts Involving Solid Waste Facility After Effective Date Of Act
  a. The provisions of any other law to the contrary notwithstanding, no public authority, county or municipality shall issue any bonds or other obligations...
• Section 13:1e-30 - State Grant For Experiental, Landfill Mining Projects; Application; Evaluation
  21. a. The commissioner may make, or contract to make, a State grant to any person engaged in solid waste collection, disposal or utilization...
• Section 13:1e-31 - Commitments And Grants; Approval; Findings
  The commissioner may issue commitments for, and may make or contract to make, grants pursuant to section 21 of this amendatory and supplementary act,...
• Section 13:1e-32 - Change In Experimental Project; Written Approval Of Commissioner
  Any commitment issued by the commissioner and any contract based thereon shall, in addition to such other terms, covenants and conditions as the commissioner...
• Section 13:1e-33 - Inspections Of Experimental Projects
  The commissioner shall be entitled to make such inspections of any project, and lands, buildings, improvements or facilities thereon; to request and secure the...
• Section 13:1e-34 - Solid Waste Management Research And Development Fund; Creation
  25. a. There is hereby created in the Department of Environmental Protection a special fund which shall be known as the Solid Waste Management...
• Section 13:1e-34.1 - Development Of Landfill Mining Demonstration Project
  1. a. The department shall authorize the development of a landfill mining demonstration project to provide information and experience concerning landfill mining. As used...
• Section 13:1e-34.2 - Provisions Of "Pinelands Protection Act" Not Modified
  5. Nothing in sections 1 through 4 of P.L.1994, c.99 (C.13:1E-34.1 et al.), shall be construed to modify the provisions of the "Pinelands Protection...
• Section 13:1e-35 - Liberal Construction; Severability
  The object and design of this amendatory and supplementary act being the protection and preservation of public health, safety and welfare, and the creation...
• Section 13:1e-36 - Exemption Of Construction And Operation Of Planned Disposal Facility From Provisions Of Act
  Any board of chosen freeholders which has prepared a solid waste management plan, purchased land therefore, contracted for the purchase and installation of processing...
• Section 13:1e-37 - Formulation And Development Of Plan; State Aid To Districts
  The commissioner is authorized to make grants to any board of chosen freeholders and to the Hackensack Commission, subject to the availability of funds...
• Section 13:1e-38 - Definitions
  As used in this act, the following words and phrases shall have the following meanings, unless the context clearly requires another meaning: a. "Bulk...
• Section 13:1e-39 - Commercial Solid Waste Facility Near River Flood Hazard Area; Prohibition Of Disposal Of Certain Waste Materials
  After January 1, 1977, no commercial solid waste facility located within: 1,000 yards of a river flood hazard area delineated prior to the effective...
• Section 13:1e-40 - Hazardous Wastes; List; Transmittal To Department And Municipality
  The registered operator of each solid waste facility shall maintain a list of all hazardous wastes received for disposal, treatment or storage during the...
• Section 13:1e-41 - Monitoring Wells; Samples; Analyses; Order To Discontinue Acceptance Of Wastes; Reacceptance; Conditions
  Any solid waste facility accepting hazardous waste, chemical waste, bulk liquids or pesticides for disposal or storage on or in the ground, shall install...
• Section 13:1e-42 - System For Interception, Collection And Treatment Of Leachates; Installation By 1980; Approval; Temporary Disposal Of Septage And Sewage Sludge At Designated Solid Waste Facilities
  After March 15, 1980, no solid waste facility shall accept or receive for disposal, any hazardous waste, chemical waste, bulk liquid or pesticide unless...
• Section 13:1e-42.1 - Weekly Inspection Of Major Hazardous Waste Facilities
  The Department of Environmental Protection shall conduct a complete inspection, at least weekly, of each major hazardous waste facility. For the purposes of this...
• Section 13:1e-42.2 - Assessment For Inspection Of Major Hazardous Waste Facility; Schedule
  The Department of Environmental Protection is hereby authorized to make an assessment against any major hazardous waste facility that handles or disposes of hazardous...
• Section 13:1e-43 - Legislative Findings And Declarations
  a. The Legislature hereby finds that the current practice of ocean disposal of sludge, is, to a large degree, responsible for the degradation of...
• Section 13:1e-44 - Definitions
  As used in this act: a. "Sludge" means the solids, precipitates and liquids, other than effluent, which are produced as a result of the...
• Section 13:1e-45 - District Solid Waste Management Plans; Sludge; Inventory And Plans For Disposal
  The solid waste management plan developed and formulated for every solid waste management district in this State pursuant to sections 11 through 15 of...
• Section 13:1e-46 - Statewide Solid Waste Management Plan; Sludge Management Strategy; Directions To Solid Waste Management District By Department
  a. The Statewide solid waste management plan developed and formulated by the department pursuant to section 6 of the act to which this act...
• Section 13:1e-47 - Disposal Of Sludge In Solid Waste Management District
  All sludge generated within the boundaries of any solid waste management district in this State shall be disposed of in a manner which conforms...
• Section 13:1e-48 - Pursuit And Coordination Of Federal, State Or Private Aid
  The commissioner shall vigorously pursue all Federal, State or private aid which is available or may become available for the processing or land disposal...
• Section 13:1e-48.1 - Short Title
  Sections 1 through 25 of this act shall be known and may be cited as the "Comprehensive Regulated Medical Waste Management Act." L. 1989,...
• Section 13:1e-48.2 - Findings, Declarations.
  2.The Legislature finds and declares that: a.Various human and animal health care centers and clinics, hospitals, laboratories, and other facilities generate substantial volumes of...
• Section 13:1e-48.3 - Definitions.
  3.As used in P.L.1989, c.34 (C.13:1E-48.1 et al.): "Board" means the Board of Public Utilities. "Collection" means the activity related to pick-up and transportation...
• Section 13:1e-48.4 - Regulated Medical Waste Management System
  a. The Department of Environmental Protection, in consultation with the Department of Health, shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c....
• Section 13:1e-48.5 - Interim Regulation
  a. Prior to the adoption of any rules or regulations pursuant to section 4 of this act, or the implementation of the comprehensive State...
• Section 13:1e-48.6 - Requirements; Certification
  a. The regulated medical waste management system adopted by the departments pursuant to subsection a. of section 4 of this act shall require all...
• Section 13:1e-48.7 - Generator Registration, Fees
  Every generator shall register with the Department of Environmental Protection on a form prescribed by the department, and pay an annual fee therefor in...
• Section 13:1e-48.8 - Transporter Requirements
  a. No person may transport regulated medical waste unless the person has: (1) satisfied all requirements prescribed by the Department of Environmental Protection, and...
• Section 13:1e-48.9 - Transporter Application, Fees
  Every transporter shall submit an application for a certificate of public convenience and necessity to the Board of Public Utilities on a form prescribed...
• Section 13:1e-48.10 - Acceptance For Disposal
  No person, including generators, may accept regulated medical waste for disposal within the State or for transfer to an in-state or out-of-state disposal site...
• Section 13:1e-48.11 - Instruction
  The departments shall provide at least written instruction on the proper and safe tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of...
• Section 13:1e-48.12 - Regulation Of Flow
  a. The Department of Environmental Protection, in conjunction with the Board of Public Utilities, shall adopt appropriate rules or regulations or issue administrative orders...
• Section 13:1e-48.13 - State Regulated Medical Waste Management Plan
  a. The departments shall study the issue of regulated medical waste in the State and prepare a comprehensive State regulated medical waste management plan...
• Section 13:1e-48.14 - Commercial Facilities
  a. Every existing incinerator or facility in operation as of the effective date of this act that accepts regulated medical waste for disposal shall...
• Section 13:1e-48.15 - County Shortfall Determination
  a. Upon the submission to the Governor and the Legislature of the comprehensive State regulated medical waste management plan prepared by the departments pursuant...
• Section 13:1e-48.16 - County Options
  a. Within 12 months of the receipt of a written determination of need and notification of a regulated medical waste disposal capacity shortfall pursuant...
• Section 13:1e-48.16a - Preparation, Adoption Of Sharps Disposal Component For District Solid Waste Management Plan.
  10. a. The board of chosen freeholders of each county and the New Jersey Meadowlands Commission, in accordance with standards adopted by the Commissioner...
• Section 13:1e-48.16b - Rules, Regulations.
  11. a. The Commissioner of Environmental Protection, in consultation with the Commissioner of Health and Senior Services and pursuant to the "Administrative Procedure Act,"...
• Section 13:1e-48.17 - Noncompliance Determination
  a. On or after the first day of the 25th month following the effective date of this act, the department shall make a written...
• Section 13:1e-48.18 - Payments To County; Surcharges
  a. Any county within which a solid waste facility is located pursuant to an adopted and approved district solid waste management plan, which facility...
• Section 13:1e-48.19 - Regional Procedures
  The departments shall seek the cooperation of their counterparts in the states of New York and Pennsylvania in developing regional regulated medical waste tracking,...
• Section 13:1e-48.20 - Enforcement.
  20. a. This act, and any rule or regulation adopted pursuant thereto, shall be enforced by the departments and by every local board of...
• Section 13:1e-48.21 - Strict Liability
  Any person who violates any provision of this act, which violation proximately results in the discharge of regulated medical waste into the waters or...
• Section 13:1e-48.22 - Temporary Approval
  During the first registration year of each applicant, or the year following any violation of this act resulting in a revocation of registration, the...
• Section 13:1e-48.23 - Revocation; Suspension Of Registration; Reissuance, Reinstatement.
  23. a.The departments, after hearing, may revoke or suspend the registration issued to any transporter or facility upon a finding that the transporter or...
• Section 13:1e-48.23a - Violations, Revocation Of Generator's Registration; Application For Reissuance.
  4.If, after a hearing, the Commissioner of Environmental Protection and Commissioner of Health and Senior Services determine that a generator is in violation of...
• Section 13:1e-48.23b - Violations, Revocation Of Health Care Professionals' License; Application For Reissuance.
  5.In addition to any other applicable penalties, if, after a hearing, the Commissioner of Environmental Protection or Commissioner of Health and Senior Services determines...
• Section 13:1e-48.24 - Reward To Informant
  A member of the public who supplies information to an enforcing authority that proximately results in the imposition and collection of a civil penalty...
• Section 13:1e-48.25 - State Agencies Included
  The State and any of its political subdivisions, public agencies, and public authorities shall be deemed a person within the meaning of this act....
• Section 13:1e-48.26 - Allocation Of Fees
  The monies collected from the fees imposed pursuant to sections 7, 8, and 10 of this act shall be utilized by the departments to...
• Section 13:1e-48.27 - Rules, Regulations
  The departments shall, pursuant to the "Administrative Procedure Act," adopt rules and regulations necessary to implement this act. L. 1989, c. 34, s. 32.
• Section 13:1e-48.28 - Local Regulation Superseded
  The provisions of this act and any rule or regulation promulgated thereunder shall supersede any local ordinance, rule or regulation concerning the proper and...
• Section 13:1e-49 - Short Title
  Sections 1 through 43 inclusive of this act shall be known and may be cited as the "Major Hazardous Waste Facilities Siting Act." L.1981,...
• Section 13:1e-50 - Legislative Findings And Declarations
  The Legislature finds and declares that the proper treatment, storage or disposal of hazardous waste generated in this State is today the exception, rather...
• Section 13:1e-51 - Definitions.
  3.As used in this act: a."Applicant" means the applicant for a registration statement and engineering design for a major hazardous waste facility; b."Application" means...
• Section 13:1e-52 - Hazardous Waste Facilities Siting Commission
  a. There is established in the Executive Branch of the State Government a public body corporate and politic, with corporate succession, to be known...
• Section 13:1e-53 - Powers
  The commission shall have the following powers: a. To adopt bylaws for the regulation of its affairs and the conduct of its business; b....
• Section 13:1e-55.1 - Annual Program Analysis Required.
  3. a. The Director of the Office of Management and Budget shall annually conduct an analysis of the program established in the Department of...
• Section 13:1e-57 - Criteria For Siting Of New Major Hazardous Waste Facilities; Preparation And Adoption.
  9. a. The department shall, within 1 year of the effective date of this act, prepare, adopt and transmit to the commission criteria for...
• Section 13:1e-58 - Major Hazardous Waste Facilities Plan; Preparation And Adoption; Contents; Public Information Program.
  10. a. The commission shall prepare and adopt, within 1 year of the effective date of this act, a Major Hazardous Waste Facilities Plan....
• Section 13:1e-59 - Site Designations; Proposal And Adoption.
  11. a. The commission shall propose and adopt site designations for the number and type of new major hazardous waste facilities determined to be...
• Section 13:1e-60 - Construction Of Major Hazardous Waste Facility; Registration Statement And Engineering Design; Review; Approval; Findings; Fees; Exemptions.
  12. a. No person shall commence construction of any major hazardous waste facility on or after the effective date of this act unless that...
• Section 13:1e-61 - Criteria For New Major Hazardous Waste Facilities; Failure To Meet Requirements; Approval; Findings
  a. The provisions of any other law to the contrary notwithstanding, all new major hazardous waste facilities shall be: (1) Totally or partially constructed...
• Section 13:1e-62 - Joint And Severally Strict Liability Of Owners And Operators
  a. Every owner or operator of a major hazardous waste facility shall be jointly and severally strictly liable, without regard to fault, for: (1)...
• Section 13:1e-63 - Construction And Operation; Inapplicability Of Local Government Approval Or Zoning Ordinance; Compliance With State Law; Inspections
  The owner or operator of any major hazardous waste facility which has received departmental approval of the registration statement and engineering design for the...
• Section 13:1e-64 - Weekly Inspections By Local Health Board Or Department; Violations; Injunction Or Other Relief; Disposition Of Penalties
  a. The local board of health or county health department, as the case may be, shall conduct weekly inspections of major hazardous waste facilities...
• Section 13:1e-65 - Right Of Entry Of Local Inspector
  The department and the local board of health, or the county health department, as the case may be, shall have the right to enter...
• Section 13:1e-66 - Failure To Comply With Laws Or Rules And Regulations; Enforcement And Closure Actions
  Subsequent to the effective date of this act, any major hazardous waste facility which fails to comply with the provisions of any Federal or...
• Section 13:1e-67 - Award For Information On Violations
  a. Any person who supplies any information which proximately results in the arrest and conviction of any other person for the illegal treatment, storage...
• Section 13:1e-68 - Evidence Of Financial Responsibility; Mechanism To Defray Closing Costs And Post-closure Monitoring Expenses
  The department shall require that the owner or operator of every major hazardous waste facility provide evidence of financial responsibility for the duration of...
• Section 13:1e-69 - Conservatorship
  a. Notwithstanding any other provision of this act or any other law to the contrary: (1) Upon the revocation by the department of a...
• Section 13:1e-70 - Conservator; Powers And Duties
  a. Upon his appointment, the conservator shall become vested with the title of all the property of the former or suspended registrant relating to...
• Section 13:1e-71 - Compensation For Services, Costs And Expenses In Conservatorship Action
  In any proceeding pursuant to section 21 of this act, the commission shall allow a reasonable compensation for the services, costs and expenses in...
• Section 13:1e-72 - Assumption Of Outstanding Debts Of Former Registrant By Purchaser
  As an incident of its prior approval pursuant to subsection c. of section 22 of this act, of the sale, assignment, conveyance or other...
• Section 13:1e-73 - Payment Of Net Earnings During Conservatorship; Approval
  No payment of net earnings during the period of the conservatorship may be made by the conservator without the prior approval of the commission,...
• Section 13:1e-74 - Disposition In Bulk Of All Property; Net Proceeds To Former Or Suspended Registrant
  Following any sale, assignment, conveyance or other disposition in bulk of all the property subject to the conservatorship, the net proceeds therefrom, if any,...
• Section 13:1e-75 - Conservator; Subjection To Laws, Rules And Regulations And Conditions And Restrictions In Statement Or Design
  A conservator appointed pursuant to section 21 of this act shall at all times be subject to the provisions of any relevant law or...
• Section 13:1e-76 - Discontinuation Of Conservatorship Action; Disposition Of Securities Issued By Former Or Suspended Registrant; Inapplicability To Powers Of Conservator
  a. The commission shall direct the discontinuation of any conservatorship action instituted pursuant to section 21 of this act when the conservator has, pursuant...
• Section 13:1e-77 - Reports Of Conservator; Availability And Distribution; Publication
  A conservator appointed and constituted pursuant to section 21 of this act shall file with the commission such reports with regard to the administration...
• Section 13:1e-78 - Creditor Or Party In Interest Aggrieved By Alleged Breach Of Fiduciary Obligation; Review
  Any creditor or party in interest aggrieved by any alleged breach of a fiduciary obligation of a conservator in the discharge of his duties...
• Section 13:1e-79 - Qualifications Of Conservator; Investigation And Report
  The Attorney General shall investigate and report to the commission with regard to the qualifications of each person who is proposed as a candidate...
• Section 13:1e-80 - Taxation Of Hazardous Waste Facilities; Collection Of Excess Amounts; Lower Payments Directed By Commission
  32. a. All major hazardous waste facilities shall, for the purposes of local property taxation, be assessed and taxed in the same manner as...
• Section 13:1e-81 - Eminent Domain
  a. In addition to the other powers conferred by this act, the commission may acquire, in the name of the State, by purchase or...
• Section 13:1e-82 - Conflict Of Interest Of Member, Officer, Employee Or Agent Of Commission
  a. No member, officer, employee, or agent of the commission shall take any official action on any matter in which he has a direct...
• Section 13:1e-83 - Annual Audit Of Commission
  The State Auditor shall conduct an annual audit of the commission's activities pursuant to the provisions of chapter 24 of Title 52 of the...
• Section 13:1e-84 - Annual Report
  On or before March 31 in each year the commission shall make an annual report of its activities for the preceding calendar year to...
• Section 13:1e-85 - Rules And Regulations
  The commission and the department shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), adopt such...
• Section 13:1e-86 - Report; Need For State Construction And Operation Of Major Hazardous Waste Facilities Or Exchange.
  38.Within 5 years of the effective date of this act, the commission, in consultation with the department, shall prepare and transmit to the Governor...
• Section 13:1e-87 - First Date Of Approval Of New Facility; Increase In Capacity; Approval
  a. Prior to the adoption, pursuant to section 9 of this act, of the criteria for the siting of new major hazardous waste facilities,...
• Section 13:1e-88 - Commission Or Department; Prohibited Acts; Prohibition Of Regulation Of Rates, Fees Or Charges By Certain Governmental Agencies
  a. Nothing in this act shall authorize the commission or the department to construct or operate any major hazardous waste facility. b. Nothing in...
• Section 13:1e-89 - Precedence Of Act Over Laws, Rules And Regulations In Conflict Or Inconsistent With Act
  It is the intent of the Legislature that, except as otherwise specifically provided in this act, in the event of any conflict or inconsistency...
• Section 13:1e-90 - Severability
  If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of...
• Section 13:1e-91 - Liberal Construction Of Act
  The object, design and purpose of this act being the protection of the environment and public health through the proper treatment, storage or disposal...
• Section 13:1e-96 - State Recycling Fund; Allocation Of Moneys.
  5. a. The State Recycling Fund (hereinafter referred to as the "fund") is established as a nonlapsing, revolving fund. The fund shall be administered...
• Section 13:1e-96.1 - Functions, Etc. Transferred To Department Of Environmental Protection
  a. All of the functions, powers and duties heretofore exercised by the Department of Energy and the commissioner thereof pursuant to P.L.1981, c. 278...
• Section 13:1e-96.2 - Short Title.
  1.This act shall be known and may be cited as the "Recycling Enhancement Act." L.2007, c.311, s.1.
• Section 13:1e-96.3 - Findings, Declarations Relative To Recycling Goals And Recycling Of Solid Waste.
  2.The Legislature finds and declares that the State Recycling Plan goals, which provide for the recycling of 50% of the municipal solid waste stream...
• Section 13:1e-96.4 - Definitions Relative To Recycling Of Solid Waste.
  3.For the purposes of this act: "Beverage container" means an individual, separate, hermetically sealed, or made airtight with a metal or plastic cap, bottle...
• Section 13:1e-96.5 - Recycling Tax On Owner, Operator Of Solid Waste Facility; Applicability; Rate.
  4. a. (1) Beginning on April 1, 2008, there is levied upon the owner or operator of every solid waste facility a recycling tax...
• Section 13:1e-96.6 - Recycling Tax Suspended When Beverage Containers Are Refundable.
  5.The recycling tax imposed pursuant to section 4 of P.L.2007, c.311 (C.13:1E-96.5) shall not be due and payable if, and as long as, any...
• Section 13:1e-96.7 - Annual Appropriations; Conditions.
  6. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following: (1)appropriate the amounts...
• Section 13:1e-99.3 - Penalties For Littering
  8. a. A person who throws, drops, discards or otherwise places any litter of any nature upon public or private property other than in...
• Section 13:1e-99.4 - Banned Containers
  No beverage shall be sold within the State in a metal container designed and constructed so that the container is opened by detaching a...
• Section 13:1e-99.11 - Findings, Declarations
  The Legislature finds that removing certain materials from the municipal solid waste stream will decrease the flow of solid waste to sanitary landfill facilities,...
• Section 13:1e-99.12 - Definitions
  2. As used in sections 1 through 24 and sections 40 and 41 of P.L.1987, c.102 (C.13:1E-99.11 through 13:1E-99.32 and 13:1E-99.33 and 13:1E-99.34): "Agricultural...
• Section 13:1e-99.13 - District Recycling Plan.
  3. a. Each county shall prepare and adopt a district recycling plan to implement the State Recycling Plan goals. Each district recycling plan shall...
• Section 13:1e-99.13a - Adoption Of Model Ordinance On Recycling In Multifamily Housing
  2. The Commissioner of Environmental Protection, in cooperation with the Commissioner of Community Affairs, shall, within 90 days of the effective date of this...
• Section 13:1e-99.13b - Written Cooperative Marketing Agreement
  2. For the purposes of implementing the State Recycling Plan goals, any county, municipality or authority may enter into a written cooperative agreement for...
• Section 13:1e-99.14 - Contracts For Recycling Services
  a. Each county shall, within six months of the adoption and approval by the department of the district recycling plan required pursuant to section...
• Section 13:1e-99.15 - Exemption
  Any county which has prepared and adopted a district recycling plan as an amendment to the district solid waste management plan required pursuant to...
• Section 13:1e-99.16 - Municipal Recycling System.
  6.Each municipality in this State shall, by January 13, 2012, designate one or more persons as the municipal certified recycling coordinator. For the purposes...
• Section 13:1e-99.17 - Bidding For Collection, Disposal Of Recyclable Materials
  A municipality may require that every solid waste collector or solid waste transporter registered pursuant to sections 4 and 5 of P.L. 1970, c....
• Section 13:1e-99.18 - Identification As Recyclable Container
  a. No plastic or bi-metal beverage container shall be identified as a recyclable container unless the department determines that a convenient and economically feasible...
• Section 13:1e-99.19 - Written Determination
  a. Within 18 months of the effective date of this amendatory and supplementary act, the department shall make a written determination as to whether...
• Section 13:1e-99.20 - Disposition, Recycling Of Automobile Tires
  Within 18 months of the effective date of this amendatory and supplementary act, the department shall prepare a report on convenient and economically feasible...
• Section 13:1e-99.21 - Use Of Leaf Composting, Vegetative Waste Composting Facilities Or Recycling Center
  a. After April 20, 1989, all leaves collected by a municipality pursuant to the provisions of section 14 of P.L.1987, c.102 (C.13:1E-99.22) shall be...
• Section 13:1e-99.21a - Authorization To Own Or Operate Leaf Composting Facility
  a. No person shall own or operate a leaf composting facility located on agricultural or horticultural land, or on lands owned or operated by...
• Section 13:1e-99.21b - Requirements For Licensing For Owner, Operator Of Leaf Composting Facility
  a. Every person proposing to own or operate a leaf composting facility located on agricultural or horticultural land, or on lands owned or operated...
• Section 13:1e-99.21c - Leaf Composting Demonstration Projects
  a. The department may authorize the development of leaf composting demonstration projects for educational purposes on lands owned or operated by a recognized academic...
• Section 13:1e-99.21d - Vehicles For Transporting Leaves To Facility, Registration Not Required
  Notwithstanding the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any other law, rule or regulation to the contrary, vehicles used exclusively for the...
• Section 13:1e-99.21e - Jurisdiction Over Charges, Rates; Revenue Not Included In Tariff Computation
  Notwithstanding the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.) or any other law, rule or regulation to the contrary, the Board of Public Utilities...
• Section 13:1e-99.21f - Rules, Regulations.
  13. The Department of Environmental Protection shall, pursuant to the "Administrative Procedure Act," adopt rules and regulations necessary to implement sections 5 through 11...
• Section 13:1e-99.22 - Municipal Leaf Collection
  a. No later than April 20, 1989, each municipality in this State shall, by a duly adopted ordinance of its governing body, provide for...
• Section 13:1e-99.23 - Preference To Materials Paid With Public Funds
  All State and local agencies responsible for the maintenance of public lands in this State shall, to the maximum extent practicable and feasible, give...
• Section 13:1e-99.24 - Purchase Of Recycled Paper, Products; Review Of Bid Specs
  16. a. The provisions of P.L.1971, c.257 (C.52:34-21 et seq.) or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the Director...
• Section 13:1e-99.25 - Contracts For Recycled Paper, Products
  17. a. In purchasing any paper or paper products for use by the various agencies and departments of the State government or for any...
• Section 13:1e-99.26 - Cooperative Purchase, Marketing
  18. a. The Director of the Division of Local Government Services in the Department of Community Affairs shall, pursuant to the "Local Public Contracts...
• Section 13:1e-99.27 - Increasing Percentage Of Recycled Paper
  19. a. (1) On or after December 1, 1992, not less than 55% of the total dollar amount of paper or paper products purchased...
• Section 13:1e-99.27a - Contracts For Purchase Of Recycled Nonpaper Products
  5. In purchasing any nonpaper finished products or supplies for use by the various agencies and departments of the State government or for any...
• Section 13:1e-99.28 - Recyclable Paving Materials
  The provisions of R.S. 27:2-1 et seq. or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the Commissioner of Transportation shall,...
• Section 13:1e-99.29 - Fuel From Waste Oil
  The provisions of R.S. 27:2-1 et seq. or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the Commissioner of Transportation shall,...
• Section 13:1e-99.30 - Compliance With District Recycling Plan
  a. The provisions of P.L. 1970, c. 39 (C. 13:1E-1 et seq.) or any rules and regulations adopted pursuant thereto to the contrary notwithstanding,...
• Section 13:1e-99.31 - Resource Recovery Facility To Comply With District Recycling Plan
  a. The provisions of section 6 of P.L. 1970, c. 40 (C. 48:13A-5) to the contrary notwithstanding, on or after July 1, 1987 the...
• Section 13:1e-99.32 - Short Title
  Sections 1 through 24 inclusive of this 1987 amendatory and supplementary act shall be known and may be cited as the "New Jersey Statewide...
• Section 13:1e-99.33 - Recycling Activities Outside Bpu Jurisdiction
  40. a. Any person engaged in the business of solid waste collection or solid waste disposal in accordance with the provisions of P.L.1970, c.39...
• Section 13:1e-99.34 - Recycling Centers
  a. Notwithstanding the provisions of P.L. 1970, c. 39 (C. 13:1E-1 et seq.) or any other law, rule or regulation to the contrary, no...
• Section 13:1e-99.34a - Mobile Electronic Waste Destruction Units, Operation Without Dep Permit.
  1. a. Notwithstanding the provisions of subsection b. of section 41 of P.L.1987, c.102 (C.13:1E-99.34) or any other law, or any rule or regulation...
• Section 13:1e-99.35 - Sale Of Motor Oil; Rules, Regulations.
  43. a. On or after July 1, 1987, no person shall sell, or offer for sale, at retail or at wholesale for direct retail...
• Section 13:1e-99.36 - Sign Posted "Used Oil Collection Center" Defined; Rules, Regulations
  44. a. On or after July 1, 1987, every owner or operator of a used oil collection center shall post and maintain a durable...
• Section 13:1e-99.37 - Statewide Mandatory Source Separation And Recycling Program Fund
  a. The "Statewide Mandatory Source Separation and Recycling Program Fund" is established as a special account in the Department of the Treasury. The fund...
• Section 13:1e-99.38 - Marketing Studies
  a. Of the moneys appropriated from the General Fund to the "Statewide Mandatory Source Separation and Recycling Program Fund" pursuant to section 52 of...
• Section 13:1e-99.39 - Report To Legislature
  The Commissioner of Environmental Protection shall prepare a report to the Legislature concerning the implementation of this amendatory and supplementary act, including a recommendation...
• Section 13:1e-99.40 - Definitions
  As used in this act: "Beverage" means milk, alcoholic beverages, including beer or other malt beverages, liquor, wine, vermouth and sparkling wine, and nonalcoholic...
• Section 13:1e-99.41 - Material Code Labels On Bottles, Containers; Required
  a. On or after January 1, 1991, no person shall sell, offer for sale, or distribute any plastic bottle or plastic container in this...
• Section 13:1e-99.42 - Violations, Penalties
  a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more than...
• Section 13:1e-99.43 - Rules, Regulations
  The commissioner shall adopt, within one year of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
• Section 13:1e-99.44 - Short Title
  1. This act shall be known and may be cited as the "Toxic Packaging Reduction Act." L.1991,c.520,s.1.
• Section 13:1e-99.45 - Findings, Declarations, Determinations
  2. The Legislature finds that discarded packaging constitutes the largest single category of solid waste within New Jersey's waste stream and is, therefore, a...
• Section 13:1e-99.46 - Definitions.
  3.As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Department" means the Department of Environmental Protection. "Distribution" means the practice of...
• Section 13:1e-99.47 - Sale Of Certain Packages, Components, Packaged Products, Restricted; Terms Defined.
  4. a. On or after January 1, 1993, no person shall sell, offer for sale, or offer for promotional purposes in this State any...
• Section 13:1e-99.48 - Exemptions, Criteria.
  5. a. Any package manufacturer, product manufacturer or distributor may, in accordance with rules or regulations adopted by the department pursuant to the "Administrative...
• Section 13:1e-99.49 - Request For Information By Department
  6. a. Any person claiming an exemption pursuant to subsection a. of section 5 of this act shall maintain on file, and shall transmit,...
• Section 13:1e-99.50 - Fees
  7. a. The department may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative...
• Section 13:1e-99.51 - Certification Of Compliance
  8. No later than January 1, 1993, a written certification of compliance stating that a package or packaging component is in compliance with the...
• Section 13:1e-99.52 - Determination Of Compliance By Department
  9. a. The department shall have the right to enter the premises of a package manufacturer, product manufacturer, distributor or retailer at which packages...
• Section 13:1e-99.53 - Noncompliance
  10. a. Whenever the commissioner finds that a package or packaging component fails to comply with the provisions of this act, or any rule...
• Section 13:1e-99.54 - Violations, Penalties, Remedies
  11. a. Whenever the commissioner finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant thereto,...
• Section 13:1e-99.55 - "Toxic Packaging Reduction Fund" Created
  12. There is created in the Department of Environmental Protection and Energy a special nonlapsing fund to be known as the "Toxic Packaging Reduction...
• Section 13:1e-99.56 - Review, Report.
  13. The department, in consultation with the Source Reduction Task Force of the Coalition of Northeastern Governors (CONEG), shall review the effectiveness of this...
• Section 13:1e-99.57 - Request For Copy Of Declaration Of Exemption, Certificate Of Compliance
  14. A member of the public may request a package manufacturer, product manufacturer or distributor for a copy of the declaration of exemption or...
• Section 13:1e-99.58 - Rules, Regulations
  15. The department shall adopt, pursuant to the provisions of the "Administrative Procedure Act," any rules or regulations necessary to implement the provisions of...
• Section 13:1e-99.59 - Short Title
  1. Sections 1 through 23 of this act shall be known and may be cited as the "Dry Cell Battery Management Act." L.1991,c.521,s.1.
• Section 13:1e-99.60 - Findings, Declarations
  2. The Legislature finds and declares that the presence of toxic metals in certain discarded dry cell batteries is a matter of great concern...
• Section 13:1e-99.61 - Definitions Relative To Dry Cell Batteries
  3. As used in sections 1 through 23 of this act: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Consumer mercuric oxide...
• Section 13:1e-99.62 - Restricted Sales Of Certain Batteries
  4. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any alkaline manganese battery which exceeds the...
• Section 13:1e-99.63 - Restricted Sale Of Consumer Mercuric Oxide Battery
  5. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any consumer mercuric oxide battery which exceeds...
• Section 13:1e-99.64 - Sale Of Rechargeable Consumer Products Restricted, Exemptions
  6. a. On or after July 1, 1993, no person shall sell, offer for sale, or offer for promotional purposes in this State any...
• Section 13:1e-99.65 - Sale Of Certain Batteries Dependent On Battery Management Plan
  7. a. No person shall sell, offer for sale, or offer for promotional purposes in this State any mercuric oxide battery, or any nickel-cadmium...
• Section 13:1e-99.66 - Submission Of Battery Management Plan
  8. a. (1) Within nine months of the effective date of this act, every manufacturer of mercuric oxide batteries, nickel-cadmium rechargeable batteries or sealed...
• Section 13:1e-99.67 - Submission Of Dry Cell Battery Collection Plan
  9. a. Within nine months of the effective date of this act, every manufacturer of dry cell batteries sold or offered for promotional purposes...
• Section 13:1e-99.68 - Disposal Of Mercuric Oxide Batteries As Solid Waste, Prohibited
  10. a. No person shall knowingly dispose of used mercuric oxide batteries as solid waste at any time. b. Any person seeking to dispose...
• Section 13:1e-99.69 - Disposal Of Used Nickel-cadmium Rechargeable Batteries As Solid Waste, Prohibited
  11. a. No person shall knowingly dispose of used nickel-cadmium rechargeable batteries or used sealed lead rechargeable batteries as solid waste at any time....
• Section 13:1e-99.70 - Solid Waste Collector Not To Collect Certain Used Batteries
  12. a. No solid waste collector registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5) shall, at any time, knowingly...
• Section 13:1e-99.71 - Solid Waste Facility Not To Accept Certain Used Batteries For Disposal
  13. a. No solid waste facility in this State shall knowingly accept for disposal any truckload or roll-off container of solid waste containing a...
• Section 13:1e-99.72 - Retailers, Distributors, Manufacturers To Accept Used Batteries
  14. a. Except as otherwise provided in a battery management plan approved by the department pursuant to the provisions of section 8 of this...
• Section 13:1e-99.73 - Institutional Generator To Provide For Disposal Of Certain Batteries
  15. a. Every institutional generator shall provide for the on-site source separation, collection and disposal of all used mercuric oxide batteries, nickel-cadmium rechargeable batteries...
• Section 13:1e-99.74 - Adoption Of District Household Hazardous Waste Management Plan.
  16.Whenever a county prepares and adopts a district household hazardous waste management plan, the commissioner may require the plan to be adopted as an...
• Section 13:1e-99.75 - Implementation Of Countywide Used Dry Cell Battery Source Separation And Collection Program
  17. a. The provisions of P.L.1970, c.39 (C.13:1E-1 et seq.) or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the department,...
• Section 13:1e-99.76 - Order Issued By Commissioner To Manufacturers
  18. a. In the event that the commissioner makes a finding, in writing, that the continued disposal of a specified used dry cell battery,...
• Section 13:1e-99.77 - Addressing Consumer Complaints, Establishment Of Public Education Program, Determination Of Compliance
  19. a. The commissioner shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination of information...
• Section 13:1e-99.78 - Violations, Penalties
  20. a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more...
• Section 13:1e-99.79 - Rules, Regulations
  21. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act.
• Section 13:1e-99.80 - Report By Commissioner To The Legislature
  22. a. The commissioner shall prepare a report to the Legislature concerning the implementation of this act, including recommendations as to whether the collection,...
• Section 13:1e-99.81 - Collector, Transporter Exemptions
  23. No collector or transporter utilized by a manufacturer for the collection of used dry cell batteries who is not otherwise required to file...
• Section 13:1e-99.82 - Short Title.
  1.This act shall be known and may be cited as the "Mercury Switch Removal Act of 2005." L.2005,c.54,s.1.
• Section 13:1e-99.83 - Findings, Declarations Relative To Mercury Pollution From Switches In Scrap Vehicles.
  2.The Legislature finds and declares that mercury is a persistent and toxic pollutant that bioaccumulates in the environment and that 41 states, including New...
• Section 13:1e-99.84 - Definitions Relative To Mercury Switches In Scrap Vehicles.
  3.As used in this act: "Capture rate" means the annual removal, collection, and recovery of mercury switches as a percentage of the total number...
• Section 13:1e-99.85 - Development Of Mercury Minimization Plan For Vehicles By Manufacturers.
  4. a. Within 90 days after the effective date of this act, every manufacturer of vehicles sold within the State, individually or as part...
• Section 13:1e-99.86 - Approval, Disapproval, Conditional Approval Of Mercury Minimization Plan.
  5. a. Within 120 days after receipt of a mercury minimization plan, the commissioner shall approve, disapprove, or conditionally approve the entire mercury minimization...
• Section 13:1e-99.87 - Removal Of Mercury Switches.
  6. a. Commencing 30 days after the approval or conditional approval of a mercury minimization plan pursuant to section 5 of this act, a...
• Section 13:1e-99.88 - Manufacturer's Report To Commissioner Relative To Implementation Of Mercury Minimization Plan.
  7. a. One year after the implementation of a mercury minimization plan approved pursuant to section 5 of this act, and annually thereafter, a...
• Section 13:1e-99.89 - Violations, Civil Action, Penalty.
  8. a. Whenever the commissioner finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant thereto,...
• Section 13:1e-99.90 - Revision Of Policies Of Department Of The Treasury Relative To Purchase Of Vehicles.
  9.Notwithstanding any other policies and guidelines for the procurement of vehicles to the contrary, the Department of the Treasury shall, within one year after...
• Section 13:1e-99.91 - Sale Of Certain Mercury Thermometers Prohibited.
  1.Within 180 days after the effective date of this act, no person shall sell, offer for sale, or offer for promotional purposes in this...
• Section 13:1e-99.92 - Dep Responsible For Compliance, Public Education Program.
  2. a. The Commissioner of Environmental Protection shall establish a means of addressing consumer complaints and a public education program to assure the widespread...
• Section 13:1e-99.93 - Violations, Penalties.
  3. a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more...
• Section 13:1e-99.94 - Short Title.
  1.Sections 1 through 21 of P.L.2007, c.347 (C.13:1E-99.94 et seq.) and section 3 of P.L.2008, c.130 (C.13:1E-99.96a) shall be known and may be cited...
• Section 13:1e-99.95 - Definitions Relative To Electronic Waste Management.
  2.As used in sections 1 through 21 of P.L.2007, c.347 (C.13:1E-99.94 et seq.) and section 3 of P.L.2008, c.130 (C.13:1E-99.96a): "Authorized recycler" means a...
• Section 13:1e-99.96 - Registration For Television Manufacturers; Fee, Annual Report, Recycling Program.
  3. a. Beginning on January 1, 2010, and each January 1 thereafter, each manufacturer of televisions offered for sale for delivery in this State...
• Section 13:1e-99.96a - Preparation Of Plan, Annual Report By Department.
  3. a. The department shall prepare a plan every three years that: (1) establishes used television per-capita collection and recycling goals; and (2) identifies...
• Section 13:1e-99.99 - Noncompliance By Manufacturer, Prohibition From Sales.
  6. a. Any manufacturer that is not in compliance with all financial and other requirements of this act shall be prohibited from selling or...
• Section 13:1e-99.100 - Labeling Of Electronic Device Required.
  7.Beginning on January 1, 2010, a manufacturer or retailer may not sell or offer for sale a covered electronic device in this State unless...
• Section 13:1e-99.101 - Compliance With Directive 2002/94/ec.
  8.Beginning on January 1, 2011, no person shall sell or offer for sale in this State a new covered electronic device, including a television,...
• Section 13:1e-99.102 - Collection Of Sampling Information By Department; Registration; Fee; Tv Exception.
  9. a. (1) By January 30, 2012, and by each January 30 thereafter, the department shall: (a)have completed an auditable, statistically valid sampling of...
• Section 13:1e-99.103 - Requirements For Manufacturer Provided With Return Share In Weight Greater Than Zero, Tv Exception.
  10. a. By June 1, 2010, each manufacturer to whom the department provides, by April 2, 2010, a return share in weight that is...
• Section 13:1e-99.104 - Information Provided By Retailer Relative To Recycling.
  11. a. A retailer shall provide information provided by the department that describes where and how to recycle the covered electronic device and opportunities...
• Section 13:1e-99.105 - Determination Of Return Share For Manufacturer; Tv Exception; Annual Report.
  12. a. (1) The department shall determine the return share for each program year for each manufacturer by dividing the weight of covered electronic...
• Section 13:1e-99.106 - Maintenance Of Internet Website, Toll-free Number Listing Recycling Sites.
  13. a. The department shall maintain an Internet website and toll-free number complete with up-to-date listings of where consumers can bring covered electronic devices...
• Section 13:1e-99.108 - Recycling Of Covered Electronic Devices; Compliance With Laws; Performance Requirements.
  15. a. Covered electronic devices collected through any program in this State shall be recycled in a manner that is in compliance with all...
• Section 13:1e-99.109 - Used Covered Electronic Device, Disposal As Solid Waste Prohibited.
  16. a. On and after January 1, 2011, no person shall knowingly dispose of a used covered electronic device, or any of the components...
• Section 13:1e-99.110 - Enforcement; Violations, Penalties.
  17. a. (Deleted by amendment, P.L.2012, c.79 b.(Deleted by amendment, P.L.2012, c.79) c.(Deleted by amendment, P.L.2012, c.79) d.The "Electronic Waste Management Act," P.L.2007, c.347...
• Section 13:1e-99.111 - Rules, Regulations; Fees To Cover Department Costs.
  18. a. (1) The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary...
• Section 13:1e-99.112 - Establishment Of Organizations, Compacts.
  19.The department is authorized to participate in the establishment and implementation of a regional, multi-state organization or compact that is consistent with the requirements...
• Section 13:1e-99.113 - Intent Of Act; Implementation Of National Program.
  20.The provisions of P.L.2007, c.347 (C.13:1E-99.94 et al.) and section 3 of P.L.2008, c.130 (C.13:1E-99.96a) are intended to govern all aspects of the collection...
• Section 13:1e-99.114 - Report Posted On Website, To Legislature By January 1, 2014.
  21.By January 1, 2014, the department shall prepare a report, which shall be posted on the department's Internet website and submitted, pursuant to section...
• Section 13:1e-100 - Short Title
  This act shall be known and may be cited as the "Sanitary Landfill Facility Closure and Contingency Fund Act." L.1981, c. 306, s. 1.
• Section 13:1e-101 - Legislative Findings And Declarations
  The Legislature finds and declares that the proper closure of sanitary landfills is essential to the public health, safety and welfare; that closure activities...
• Section 13:1e-102 - Definitions
  As used in this act: a. "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of...
• Section 13:1e-103 - Joint And Several Liability Of Owner Or Operator For Proper Operation And Closure
  Every owner or operator of a sanitary landfill facility shall be jointly and severally liable for the proper operation and closure of the facility,...
• Section 13:1e-104 - Sanitary Landfill Facility Tax
  a. There is levied upon the owner or operator of every sanitary landfill facility a tax to insure the proper closure thereof and to...
• Section 13:1e-105 - Sanitary Landfill Facility Contingency Fund
  The Sanitary Landfill Facility Contingency Fund (hereinafter referred to as "the fund" ) is established as a nonlapsing, revolving fund in the Department of...
• Section 13:1e-106 - Strict Liability Of Fund For Damages Due To Operations Or Closure Of Sanitary Landfill; Payment
  a. The fund shall be strictly liable for all direct and indirect damages, no matter by whom sustained, proximately resulting from the operations or...
• Section 13:1e-107 - Limitations On Claims
  Claims against the fund shall be filed within 1 year of the date of discovery of damage, and in the manner as shall be...
• Section 13:1e-108 - Disbursement Of Fund
  9. Moneys in the fund shall be disbursed by the department for the following purposes and no others: a. Administrative costs incurred by the...
• Section 13:1e-109 - Monthly Deposits In Escrow Account; Violation Crime Of Third Degree; Increased Tariffs
  a. The owner or operator of every sanitary landfill facility shall deposit, on a monthly basis in an interest-bearing account with an accredited financial...
• Section 13:1e-109.1 - Meadowlands Commission Payment To Certain Solid Waste Debt Defeasance Fund.
  1.Notwithstanding the provisions of section 35 of P.L.1975, c.326 (C.13:17-10.1), sections 10 and 11 of P.L.1981, c.306 (C.13:1E-109 and C.13:1E-110), section 8 of P.L.1985,...
• Section 13:1e-109.2 - Payments Into Escrow Accounts Of Meadowlands Commission, Certain, Authorized.
  2.The provisions of any other law to the contrary notwithstanding, there is appropriated from the Sanitary Landfill Facility Contingency Fund established pursuant to section...
• Section 13:1e-110 - Landfill Closure Account Audits
  a. Every owner or operator of a sanitary landfill facility which accepts more than 10,000 tons of solid waste per year, or whose escrow...
• Section 13:1e-111 - Rights Of Subrogation Of Fund
  Payment of any damages by the fund shall be conditioned upon the department acquiring, by subrogation, all rights of the claimant to recovery of...
• Section 13:1e-112 - Tax And Escrow Collected As Surcharge; Adjustments
  13. a. The provisions of any law to the contrary notwithstanding, the owner or operator of any sanitary landfill facility may collect the tax...
• Section 13:1e-114 - Rules And Regulations
  The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), such rules and regulations as are necessary...
• Section 13:1e-115 - Availability Of Other Remedies; Remedies Additional To Existing Law
  Nothing in this supplementary act shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies...
• Section 13:1e-116 - Contract For Sale Of Land; Statement Of Use As Sanitary Landfill Facility; Violation; Voidability
  a. No person shall contract to sell any land which has been utilized as a sanitary landfill facility at any time prior to the...
• Section 13:1e-116.1 - Short Title
  1. This act shall be known and may be cited as the "Municipal Landfill Site Closure, Remediation and Redevelopment Act." L.1996,c.124,s.1.
• Section 13:1e-116.2 - Definitions Regarding Municipal Landfill Sites
  2.As used in this act: "Closure" means all activities associated with the design, purchase, construction or maintenance of all measures required by the department,...
• Section 13:1e-116.3 - Redevelopment Agreement, Negotiation
  3. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer may enter into...
• Section 13:1e-116.4 - Reimbursement Of Costs Of Closure And Remediation
  4. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer that enters into...
• Section 13:1e-116.5 - Memorandum Of Agreement To Qualify For Reimbursement Certification
  5. a. To qualify for the certification of reimbursement of 75% of the closure and remediation costs authorized pursuant to section 4 of P.L.1996,...
• Section 13:1e-116.6 - Municipal Landfill Closure And Remediation Fund
  6. a. There is created in the Department of the Treasury a special fund to be known as the Municipal Landfill Closure and Remediation...
• Section 13:1e-116.7 - Reimbursement Of Developer
  7. a. The State Treasurer shall reimburse the developer for 75% of the closure and remediation costs of the municipal solid waste landfill from...
• Section 13:1e-117 - Scales To Determine Weight Of Vehicles Disposing Of Waste; Record; Exemption
  All new solid waste facilities, other than privately-owned, noncommercial, onsite industrial solid waste facilities which do not accept solid waste generated from any other...
• Section 13:1e-118 - Rate Schedule; Amendment Of Tariff
  a. The Board of Public Utilities shall, in accordance with the provisions of the "Solid Waste Utility Control Act of 1970" (P.L.1970, c. 40;...
• Section 13:1e-119 - Increase In Tariffs
  3. Any solid waste facility required to install scales pursuant to this act may petition the Board of Public Utilities for an increase in...
• Section 13:1e-120 - Regulations Or Guidelines
  The department shall, within 90 days of the effective date of this act, adopt regulations or guidelines for determining the weighing requirements and number...
• Section 13:1e-122 - Waste Generated By Federal Government; Exemption From Tariffs
  The tariffs established pursuant to this act shall not be levied upon the collectors or haulers of solid waste for that portion of the...
• Section 13:1e-123 - Disposal Of Solid Waste Generated By Agency Of Federal Government; Exemption From Taxes And Fees
  The provisions of P.L.1981, c. 278 (C. 13:1E-92 et seq.) or P.L.1981, c. 306 (C. 13:1E-100 et seq.) to the contrary notwithstanding, no tax...
• Section 13:1e-124 - Exemption Applicable Only To Contracts Signed Prior To Jan. 1, 1982
  The exemption provided for in this supplementary act shall apply only to solid waste collected pursuant to contracts signed prior to January 1, 1982....
• Section 13:1e-125 - Construction Of Act; Refunds; Tax Liability Incurred Prior To Effective Date
  Nothing herein provided shall be construed to authorize a refund of taxes paid or to relieve any tax liability incurred prior to the effective...
• Section 13:1e-125.1 - Definitions Relative To Certain Landfills.
  1.As used in this act: "Closed sanitary landfill facility" means a sanitary landfill facility, or a portion of a sanitary landfill facility, for which...
• Section 13:1e-125.2 - Voidable Causes; Closure.
  2. a. (1) An administrative consent order, agreement, closure or post-closure plan, or other permit or approval entered into before or after the effective...
• Section 13:1e-125.3 - Site Plan Approval Required.
  3.Notwithstanding the provisions of any other law to the contrary, any person who undertakes the closure of a legacy landfill, or the owner or...
• Section 13:1e-125.4 - Hydrogen Sulfide Levels, Odors; Violations; Adoption Of Standards.
  4. a. Hydrogen sulfide levels emanating from a legacy landfill or closed sanitary landfill facility shall not exceed 30 parts per billion averaged over...
• Section 13:1e-125.5 - Financial Assurance To Pay For Closure Costs.
  5. a. The owner or operator of any legacy landfill or closed sanitary landfill facility who accepts recyclable material, contaminated soil, wastewater treatment residual...
• Section 13:1e-125.6 - Monthly Deposit Of Costs Of Post-closure Monitoring.
  6. a. The owner or operator of every legacy landfill and every closed sanitary landfill facility that accepts any recyclable material, contaminated soil, wastewater...
• Section 13:1e-125.7 - New Jersey Licensed Professional Engineer To Perform Closure.
  7. a. The owner or operator of a legacy landfill or a closed sanitary landfill facility that undertakes any activity that includes the placement...
• Section 13:1e-125.8 - Violations, Penalties.
  8. a. Whenever the commissioner finds that a person has violated any provision of P.L.2013, c.69 (C.13:1E-125.1 et seq.), the commissioner may institute an...
• Section 13:1e-125.9 - Emergency Orders.
  9.If the commissioner determines that any activity or activities occurring at a legacy landfill or closed sanitary landfill facility present an imminent threat to...
• Section 13:1e-126 - Legislative Findings And Declarations
  The Legislature hereby finds and declares to be the public policy of this State: That the collection, transportation, treatment, storage, and disposal of solid...
• Section 13:1e-127 - Definitions.
  2.As used in the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.) and P.L.1991, c.269 (C.13:1E-128.1 et al.): a."Applicant" means any business concern which has...
• Section 13:1e-128 - Disclosure.
  3.In addition to any other procedure, condition or information required pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1981, c.279 (C.13:1E-49 et seq.) or any...
• Section 13:1e-128.1 - Priority Schedule For Investigative Reports
  3. a. With respect to the preparation and transmittal to the department of the investigative reports required pursuant to section 3 of P.L.1983, c.392...
• Section 13:1e-128.2 - Disclosure, Submission Requirements.
  2.Notwithstanding any provision of section 2 of P.L.1983, c.392 (C.13:1E-127) or section 3 of P.L.1983, c.392 (C.13:1E-128), or any rules or regulations adopted pursuant...
• Section 13:1e-129 - Investigative Interrogatory
  4. a. Whenever the Attorney General determines that there exists a reasonable suspicion that any person may have information or be in possession, custody,...
• Section 13:1e-130 - Subpena Power
  5. a. Whenever the Attorney General determines that there exists a reasonable suspicion that any person may have information or knowledge relevant to an...
• Section 13:1e-131 - Disclosure Of Information By Public Officer Or Employee; Penalty
  Any public officer or employee who shall disclose to any person, other than the Attorney General or a person retained by the Attorney General...
• Section 13:1e-132 - Grant Of Immunity After Disclosure Of Evidence; Failure To Obey Subpena; Penalties
  a. If any person in attendance pursuant to a subpena or interrogatory issued pursuant to this act refuses to answer personally a question or...
• Section 13:1e-133 - Disqualification Critieria
  8. The provisions of any law to the contrary notwithstanding, no license shall be approved by the department: a. Unless the department finds that...
• Section 13:1e-133.1 - Rehabilitated Ex-offenders, Licensing
  7. a. Notwithstanding the conviction of any person required to be listed in a disclosure statement, or otherwise shown to have a beneficial interest...
• Section 13:1e-133.2 - Reestablished Integrity, Licensing
  8. a. Notwithstanding any current prosecutions or pending charges in any jurisdiction against any person required to be listed in a disclosure statement, or...
• Section 13:1e-133.3 - Resource Recovery Permits; Completion Of Investigation, Licensing Required
  17. The Department of Environmental Protection shall not issue any permits required pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.),...
• Section 13:1e-133.4 - Rules, Regulations
  20. The Attorney General and the Department of Environmental Protection shall, within 120 days of the effective date of this act and pursuant to...
• Section 13:1e-134 - Causes For Revocation
  9. Any license may be revoked by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) for any of the...
• Section 13:1e-135 - Licensing After Removal Of Disqualification; Temporary Licenses
  10. a. (1) Notwithstanding the disqualification of the applicant or permittee pursuant to subsection a., b., c., e. or f. of section 8 of...
• Section 13:1e-136 - Findings, Declarations
  The Legislature finds that the proper disposal of solid waste and the maximum practical recovery of any potential resource in solid waste, especially its...
• Section 13:1e-137 - Definitions.
  2. As used in this act: "Contract file" means a file established and maintained by a contracting unit, in which the contracting unit shall...
• Section 13:1e-138 - Solid Waste Services, Tax; Obligation To Pay.
  3. a. There is levied upon the owner or operator of every sanitary landfill facility a solid waste services tax. The services tax shall...
• Section 13:1e-147 - Solid Waste Services Tax Fund.
  12.The Solid Waste Services Tax Fund is established as a nonlapsing, revolving fund in the Department of Environmental Protection. The services tax fund shall...
• Section 13:1e-153 - 40-year Contracts Authorized
  The provisions of any other law, rule or regulation to the contrary notwithstanding, and as an alternative to any other procedure provided for by...
• Section 13:1e-154 - Request For Qualifications; Selection Of Qualified Vendors
  a. A contracting unit which intends to enter into a contract with a vendor pursuant to the provisions of this amendatory and supplementary act...
• Section 13:1e-155 - Request For Proposals
  Upon the selection of qualified vendors pursuant to the provisions of section 19 of this amendatory and supplementary act, the contracting unit shall issue...
• Section 13:1e-156 - Review Of Proposals; Revisions
  A contracting unit shall review proposals submitted by vendors pursuant to section 20 of this amendatory and supplementary act in such a manner as...
• Section 13:1e-157 - Vendor Designation; Contract Negotiations
  Upon a review of the proposals submitted by qualified vendors pursuant to section 21 of this amendatory and supplementary act, a contracting unit shall...
• Section 13:1e-158 - Approvals Required
  a. A contracting unit shall submit any proposed contract negotiated with a qualified vendor pursuant to the provisions of this act to the Division...
• Section 13:1e-159 - Notification Of Proposed Contract
  Any contracting unit intending to submit a proposed contract to the department, the Board of Public Utilities, and the Division of Local Government Services...
• Section 13:1e-160 - Request For Additional Information
  The department, the Board of Public Utilities, the Division of Local Government Services, and the Division of Rate Counsel shall have 15 days from...
• Section 13:1e-161 - Notice Of Public Hearing
  a. A contracting unit shall hold a public hearing on a proposed contract submitted to the department, the Board of Public Utilities and the...
• Section 13:1e-162 - Hearing; Report
  a. At the public hearing on the proposed contract held by the contracting unit pursuant to the provisions of section 26 of this amendatory...
• Section 13:1e-163 - Approval; Conditional Approval
  a. Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section...
• Section 13:1e-164 - Mandatory Contract Provisions
  Any contract to be awarded to a vendor pursuant to the provisions of this amendatory and supplementary act or pursuant to the "Local Public...
• Section 13:1e-167 - Lease Or Sale To Vendor
  Notwithstanding the provisions of any other law, rule or regulation to the contrary, a contracting unit, or State board, commission, committee, authority or agency...
• Section 13:1e-168 - Rules, Regulations
  a. (1) The department may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), any...
• Section 13:1e-169 - Findings, Declarations
  The Legislature finds that the ever-increasing costs of environmentally sound solid waste disposal necessarily impose significant economic burdens on local governments and residential taxpayers...
• Section 13:1e-170 - Definitions
  As used in this act: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Closing costs" or "closure" means all activities and costs...
• Section 13:1e-171 - Sanitary Landfill Closure And Rate Relief Fund
  a. The "Sanitary Landfill Closure and Rate Relief Fund" (hereinafter referred to as the "fund") is established as a special account in the Department...
• Section 13:1e-172 - Project Priority List
  a. Applications and preliminary plans for closure project grants and loans shall be filed with the commissioner. The commissioner shall develop a priority system...
• Section 13:1e-173 - Eligibility For Grants, Loans
  a. The commissioner shall apply the criteria set forth in this section in determining the eligibility of owners and operators of sanitary landfill facilities...
• Section 13:1e-174 - Project Appropriations
  The commissioner shall annually provide the Legislature with the project priority list for the awarding of grants and loans from the "Sanitary Landfill Closure...
• Section 13:1e-175 - Rules
  The commissioner shall, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules governing the...
• Section 13:1e-176 - Financial Plan For Closure
  It shall remain the continuing responsibility of the owner or operator of every sanitary landfill facility to insure that the rates or charges received...
• Section 13:1e-177 - Short Title
  This act shall be known and may be cited as the "Regional Low-Level Radioactive Waste Disposal Facility Siting Act." L. 1987,c.333, s.1.
• Section 13:1e-179 - Definitions.
  3.As used in this act: "Class of low-level radioactive waste" means a designation of low-level radioactive waste by the United States Nuclear Regulatory Commission...
• Section 13:1e-181.3 - Low-level Radioactive Waste Disposal Facility Fund.
  5. a. The Low-level Radioactive Waste Disposal Facility Fund is established as a nonlapsing revolving fund in the Department of Environmental Protection. The fund...
• Section 13:1e-186 - Low-level Radioactive Waste Disposal Plan.
  10. a. The department shall review the regional management plan developed by the Northeast Interstate Low-Level Radioactive Waste Commission pursuant to Article V of...
• Section 13:1e-191 - Reward For Information.
  15. a. Any person who supplies any information which proximately results in the arrest and conviction of any other person for the illegal treatment,...
• Section 13:1e-198 - Rules, Regulations.
  22.The department shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may...
• Section 13:1e-199 - Definitions
  As used in this act: "Distributor" means a person who sells lead acid batteries at wholesale to retailers in this State, including any manufacturer...
• Section 13:1e-200 - Disposal Of Used Lead Acid Battery
  No person shall dispose of a used lead acid battery as solid waste at any time. Any person seeking to discard a used lead...
• Section 13:1e-201 - Retailers To Accept Used Lead Acid Battery
  a. Every retailer, including every distributor or manufacturer offering lead acid batteries for sale at wholesale, upon presentation at any time during business hours...
• Section 13:1e-202 - Distributor To Accept Used Lead Acid Battery From Retailer
  a. No distributor or his agent may refuse to accept any used lead acid battery returned to the distributor or his agent from any...
• Section 13:1e-203 - Manufacturer To Accept Used Lead Acid Battery From Distributor
  No manufacturer may refuse to accept any used lead acid battery from any distributor. Every manufacturer producing lead acid batteries for distribution or sale...
• Section 13:1e-204 - Retailer To Display Notice That Lead Acid Batteries May Be Recycled
  Every retailer of lead acid batteries shall conspicuously post and maintain, at or near the point of sale, a legible notice to consumers, not...
• Section 13:1e-205 - Solid Waste Collector Not To Collect Used Lead Acid Batteries
  No solid waste collector registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5) and holding a certificate of public convenience...
• Section 13:1e-206 - Solid Waste Facility Not To Accept Used Lead Acid Batteries
  No solid waste facility in this State shall knowingly accept for disposal a truckload or roll-off container of solid waste containing any used lead...
• Section 13:1e-207 - Consumer Complaints, Dissemination Of Information
  a. The Department of Environmental Protection shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination...
• Section 13:1e-208 - Findings, Declarations Relative To Recycling, Reuse Of Used Computers.
  1.The Legislature finds and declares that as computers have become more popular, many innovative programs have been developed throughout the nation to recover those...
• Section 13:1e-209 - Dep Educational Materials On Computer Recycling And Reuse.
  2. a. The Department of Environmental Protection, pursuant to state and Federal law, and in consultation with manufacturers, retailers and distributors of computers and...
• Section 13:1e-210 - Distribution Of Educational Materials By Doe.
  3.The Department of Education shall distribute the educational materials prepared by the Department of Environmental Protection pursuant to section 2 of P.L.2002, c.106 (C.13:1E-209)...
• Section 13:1e-211 - Dep Evaluation Demonstration Project; Report.
  4. a. The Department of Environmental Protection, pursuant to State and federal law, and in consultation with manufacturers, retailers and distributors of computers and...
• Section 13:1e-212 - Rules, Regulations.
  5.The Commissioner of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement...
• Section 13:1e-213 - Title Amended.
  1.Sections 1 through 10 and section 13 of P.L.2002, c.128 (C.13:1E-213 et seq.) shall be known and may be cited as the "Clean Communities...
• Section 13:1e-214 - Findings, Declarations Relative To The Clean Communities Program.
  2.The Legislature finds that an uncluttered landscape is among the most priceless heritages which New Jersey can bequeath to posterity; that it is the...
• Section 13:1e-215 - Definitions Relative To The Clean Communities Program.
  3.As used in the provisions of P.L.2002, c.128 (C.13:1E-213 et al.): a."Department" means the Department of Environmental Protection. b."Division" means the Division of Taxation...
• Section 13:1e-216 - User Fee Imposed On Sales By Manufacturer, Wholesaler, Distributor, Retailer Of Litter-generating Products.
  4. a. There is imposed upon each person engaged in business in the State as a manufacturer, wholesaler, or distributor of litter-generating products a...
• Section 13:1e-217 - Clean Communities Program Fund.
  5.The Clean Communities Program Fund is established as a nonlapsing, revolving fund in the Department of the Treasury. The Clean Communities Program Fund shall...
• Section 13:1e-218 - Statewide Public Information And Education Program.
  6. a. The organization under contract with the department pursuant to section 2 of P.L.1999, c.418 (C.13:1E-99.2b et al.) on the effective date of...
• Section 13:1e-219 - Contract Not Required For Receipt Of State Aid.
  7. a. (1) No contract shall be required as a prerequisite to the distribution of State aid to eligible municipalities and counties for programs...
• Section 13:1e-220 - Additional Duties, Responsibilities Of Department.
  8.In addition to the duties and responsibilities imposed pursuant to P.L.2002, c.128 (C.13:1E-213 et al.), the Department of Environmental Protection shall: a.Coordinate the various...
• Section 13:1e-221 - Violations, Penalties.
  9.Every person convicted of a violation of the provisions of P.L.2002, c.128 (C.13:1E-213 et al.) for which no penalty is specifically provided is subject...
• Section 13:1e-222 - Rules, Regulations.
  10. a. The Commissioner of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as...
• Section 13:1e-223 - Annual Appropriations; Conditions.
  13. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following: (1)(Deleted by amendment,...
• Section 13:1e-224 - Tire Management And Cleanup Fund.
  3.There is established the Tire Management and Cleanup Fund as a nonlapsing fund in the Department of Environmental Protection in which shall be annually...
• Section 13:1e-225 - Local Tire Management Program.
  4. a. There is established in the Department of Environmental Protection a Local Tire Management Program for the proper cleanup of abandoned tire piles...
• Section 13:1f-1 - Short Title
  This act shall be known, and may be cited, as the "Pesticide Control Act of 1971." L.1971, c. 176, s. 1, eff. June 1,
• Section 13:1f-1a - Inapplicability Of Pesticide Control Act To Certain Insect Inspections.
  34.Notwithstanding the provisions of the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.) or any rule or regulation promulgated thereunder to the...
• Section 13:1f-2 - Legislative Findings
  New Jersey, as the most urban State in the Nation, must be especially alert to any possibilities of disturbing natural ecological balance. It is...
• Section 13:1f-3 - Definitions
  For purposes of this act, unless the context clearly requires a different meaning: a. "Person" means and shall include corporations, companies, associations, societies, firms,...
• Section 13:1f-4 - Orders, Rules And Regulations; Application Of Federal Law And Regulations
  The commissioner shall have the power to formulate and promulgate, amend and repeal orders, rules and regulations prohibiting, conditioning and controlling the sale, purchase,...
• Section 13:1f-5 - Adoption, Amendment Or Repeal Of Rule Or Regulation; Notice To Interested Party Of Determination
  No rule or regulation, and no amendment or repeal thereof, shall be adopted except after 30 days prior notice thereof by public advertisement of...
• Section 13:1f-6 - Pesticide Control Council; Creation; Members; Term Of Office; Compensation
  a. There is hereby created in the department a Pesticide Control Council which shall consist of nine members, three of whom shall be the...
• Section 13:1f-7 - Powers And Duties
  The Pesticide Control Council shall be the advisory body in the Department of Environmental Protection in matters relating to the control, regulation and use...
• Section 13:1f-8 - Advice To Commissioner On Proposed Regulations
  The commissioner shall consult with the council to afford them an opportunity to furnish advice concerning any proposed regulation at least 30 days prior...
• Section 13:1f-9 - Additional Powers
  The department shall have power, in addition to those granted by any other law, to a. Conduct and supervise research programs for the purpose...
• Section 13:1f-10 - Violations, Enforcement, Remedies.
  10. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of the provisions of P.L.1971, c.176...
• Section 13:1f-11 - Detained Or Embargoed Pesticide; Illegal Sale, Label, Use Or Application; Tag; Permission To Use
  Whenever an agent of the department finds, or has probable cause to believe that any pesticide is being sold, labeled, used or applied in...
• Section 13:1f-12 - Powers, Duties And Functions Of Department Under Other Laws; Effect Of Act
  The powers, duties and functions vested in the State Department of Environmental Protection under the provisions of this act shall not be construed to...
• Section 13:1f-13 - Ordinances, Rules Or Regulations Of Municipality, County Or Board Of Health; Effect Of Act
  No ordinances of any governing body of a municipality or county or board of health more stringent than this act or any rules or...
• Section 13:1f-14 - Construction Of Act; Severability
  This act shall be liberally construed to effectuate the purpose and intent thereof. If any clause, sentence, paragraph, or part of this act shall...
• Section 13:1f-15 - Pesticide Held, Used, Distributed, Sold Or Offered For Sale Or Delivered For Transportation Or Transported In Intrastate Commerce; Annual Registration; Renewal; Denial, Refusal To Register Or Cancellation; Grounds
  a. Every pesticide which is held, used, distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate...
• Section 13:1f-16 - Violations; Securement Or Impoundment; Hearing; Disposition
  a. Any pesticide that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or...
• Section 13:1f-17 - Registration Fee Exemption
  Notwithstanding the provisions of the "Pesticide Control Act of 1971," P.L. 1971, c. 176 (C. 13:1F-1 et seq.) or any rule or regulation promulgated...
• Section 13:1f-18 - Definition
  For the purposes of this act "land actively devoted to agricultural or horticultural use" means land, not less than three acres in area, which...
• Section 13:1f-19 - Short Title
  1.This act shall be known and may be cited as the "School Integrated Pest Management Act." L.2002,c.117,s.1.
• Section 13:1f-20 - Findings, Declarations Relative To The "School Integrated Pest Management Act."
  2.The Legislature finds and declares that in 1992, the National Parent Teacher Association passed a resolution calling for the reduced use of pesticides in...
• Section 13:1f-21 - Definitions Relative To The "School Integrated Pest Management Act"
  3.As used in this act: "Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.). "Commissioner" means the Commissioner of Environmental...
• Section 13:1f-22 - Development Of Model School Integrated Pest Management Policy
  4. a. No later than 12 months after the effective date of this act, the commissioner, in consultation with the Commissioner of Education, the...
• Section 13:1f-23 - Designation Of Integrated Pest Management Coordinator
  5. a. Each local school board of a school district, each board of trustees of a charter school, and each principal or chief administrator...
• Section 13:1f-24 - Maintenance Of Records Of Pesticide Application; Notices Of Policy
  6. a. The local school board of a school district, the board of trustees of a charter school, or the principal or chief administrator...
• Section 13:1f-25 - Permitted Use Of Certain Pesticides; Notice
  7. a. If a local school board, board of trustees of a charter school or principal or chief administrator of a private school, as...
• Section 13:1f-26 - Posting Of Sign Prior To Use Of Certain Pesticides
  8. a. At least 72 hours before a pesticide, other than a low impact pesticide, is used on school property, the local school board,...
• Section 13:1f-27 - Applicability Of Notice And Posting Requirements
  9.The provisions of sections 7 and 8 of this act shall apply if any person applies a pesticide, other than a low impact pesticide,...
• Section 13:1f-28 - Emergency Use Of Certain Pesticides
  10. a. A pesticide, other than a low impact pesticide, may be applied on school property in response to an emergency, without complying with...
• Section 13:1f-29 - Prohibited Use Of Certain Pesticides
  11. a. A pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present...
• Section 13:1f-30 - Immunity From Liability Of Commercial Pesticide Applicator
  12. A commercial pesticide applicator shall not be liable to any person for damages resulting from the application of a pesticide at a school...
• Section 13:1f-31 - Development, Availability Of Form For Certifying Compliance
  13. The department shall develop and make available to commercial pesticide applicators a form which a commercial pesticide applicator may request an integrated pest...
• Section 13:1f-32 - Issuance Of Administrative Order; Notice Of Violation
  14. a. The Department of Environmental Protection may issue an administrative order against a local school board, the board of trustees of a charter...
• Section 13:1f-33 - Rules, Regulations
  15. The commissioner shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules or regulations as...
• Section 13:1g-1 - Short Title
  This act shall be known and may be cited as the "Noise Control Act of 1971." L.1971, c. 418, s. 1, eff. Jan. 24,
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 13:1g-10 - Obstruction Or Interference With Performance Of Duties By Department Personnel
  No person shall obstruct, hinder or delay, or interfere with by force or otherwise, the performance by the department or its personnel of any...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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"...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 13:1j-1 - Legislature's Findings And Declarations
  The Legislature finds and declares that the exploration, mining or milling of fissionable source materials poses a significant danger to the public health, safety...
• Section 13:1j-2 - Definitions
  As used in this act: a. "Fissionable source material" means (1) Mineral ore which is extracted or processed with the intention of permitting the...
• Section 13:1j-3 - Exploration For, Extraction, Milling Or Processing; Prohibition
  No person shall explore, beyond the reconnaissance phase, or extract, mill or process fissionable source materials in this State. L.1981, c. 130, s. 3,...
• Section 13:1j-4 - Violation; Penalty; Injunction
  a. A person who violates this act shall be punished by a fine of not more than $10,000.00, to be collected in accordance with...
• Section 13:1j-6 - Inapplicability Of Act To Authority For Containment, Cleanup Or Removal If Danger To Public Health And To Local Regulation
  Nothing in this act shall be construed to: a. Prohibit or impair any authority of the Department of Environmental Protection to provide for the...
• Section 13:1k-1 - Conveyances Used In Willful Discharge; Forfeiture; Exceptions
  All conveyances which are used or intended for use in the willful discharge of harmful or destructive substances shall be subject to forfeiture to...
• Section 13:1k-2 - Seizure Of Conveyance
  When in the presence of a law enforcement officer, a department official shall seize and secure any such conveyance upon process issued pursuant to...
• Section 13:1k-3 - Status And Disposition Of Confiscated Or Detained Property
  Property confiscated or detained pursuant to this act shall be deemed to be in the custody of the State and subject only to the...
• Section 13:1k-4 - Disposition After Forfeiture
  Whenever any property is forfeited under this act, its disposition shall be determined at the discretion of the commissioner including official use by the...
• Section 13:1k-5 - Burden Of Proof
  a. The burden of proof required for in rem forfeiture proceedings under this act is by a preponderance of the evidence. b. It shall...
• Section 13:1k-6 - Short Title.
  1. This act shall be known and may be cited as the "Industrial Site Recovery Act." L.1983,c.330,s.1; amended 1993,c.139,s.1.
• Section 13:1k-7 - Findings, Declarations
  2. The Legislature finds that discharges of toxic chemicals dating back to early industrialization have left a legacy of contaminated industrial property in this...
• Section 13:1k-8 - Definitions.
  3.As used in this act: "Remedial action workplan" means a plan for the remedial action to be undertaken at an industrial establishment, or at...
• Section 13:1k-9 - Closing, Transfer Procedures.
  4. a. The owner or operator of an industrial establishment planning to close operations or transfer ownership or operations shall notify the department in...
• Section 13:1k-9.1 - Tax Sale, Foreclosure As Decision To Close Operations
  1. Upon the date set for the sale of a tax sale certificate, or the provision of legal notice by a municipality of its...
• Section 13:1k-9.2 - Owner, Operator Required To Remediate Industrial Establishment
  2. The acquiring of title to an industrial establishment by a municipality pursuant to a foreclosure action pertaining to a certificate of tax sale...
• Section 13:1k-9.3 - Remediation Of Industrial Establishment By Municipality, Debt Of Immediate Past Owner Or Operator
  3. If a municipality undertakes a remediation of an industrial establishment, the title to which the municipality acquired pursuant to a foreclosure action pertaining...
• Section 13:1k-9.4 - Certain Provisions Not Applicable To Governmental Unit, Agent
  4. The provisions of P.L.1983, c.330 (C.13:1K-6 et seq.) shall not apply to a governmental unit or agent thereof, pursuing foreclosure proceedings against the...
• Section 13:1k-9.5 - Remediation By Municipality, Approval
  5. If a municipality undertakes a remediation of an industrial establishment, the municipality shall undertake that remediation and shall obtain all approvals required by...
• Section 13:1k-9.6 - Review, Approval Of Remediation
  8. Upon the submission of the complete and accurate results of a phase of the remediation pursuant to section 4 of P.L.1983, c.330 (C.13:1K-9)...
• Section 13:1k-9.7 - Transfer, Close Of Operations Without Compliance; Conditions
  9. The owner or operator of an industrial establishment may, upon submission of a written notice to the department, transfer ownership or operations or...
• Section 13:1k-10 - Rules, Regulations; Department Access
  5. 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: (1) criteria and...
• Section 13:1k-11 - Transfer Of Industrial Establishment; Deferral Of Remedial Action Workplan
  6. a. The owner or operator of an industrial establishment planning to transfer ownership or operations may apply to the department for a deferral...
• Section 13:1k-11.1 - Obligations Of Trust, Estate To Remove Discharge
  7. In the event of the closing, termination or transfer of an industrial establishment, which industrial establishment is all or part of a trust,...
• Section 13:1k-11.2 - Application For Expedited Review.
  13. a. The owner or operator of an industrial establishment planning to close operations or transfer ownership or operations of an industrial establishment may,...
• Section 13:1k-11.3 - Application For Limited Site Review
  14. a. The owner or operator of an industrial establishment planning to close operations or transfer ownership or operations of the industrial establishment may,...
• Section 13:1k-11.4 - Application For Area Of Concern Waiver
  15. a. The owner or operator of an industrial establishment who is required to perform a remediation at an industrial establishment pursuant to subsection...
• Section 13:1k-11.5 - Application For Closing, Transfer When Remediation Is Already In Progress
  16. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at...
• Section 13:1k-11.6 - Application For Closing, Transfer When Discharges Are From Regulated Underground Storage Tank
  17. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at...
• Section 13:1k-11.7 - Application For Closing, Transfer When Discharges Are Of Minimal Environmental Concern.
  18. a. The owner or operator of an industrial establishment may apply to the department to close operations or transfer ownership or operations at...
• Section 13:1k-11.8 - Application For Certificate Of Limited Conveyance
  19. a. The owner of an industrial establishment may transfer a portion of the real property on which an industrial establishment is situated without...
• Section 13:1k-11.9 - Responsibilities Of Owner As Landlord, Operator As Tenant
  20. a. Where the owner of an industrial establishment is a landlord and the operator of the industrial establishment is a tenant, the landlord...
• Section 13:1k-11.10 - Notification Of Transfer, Avoidance Of Penalty.
  21. a. Any person who, prior to the effective date of P.L.1993, c.139, violated the provisions of P.L.1983, c.330 by closing operations or transferring...
• Section 13:1k-11.11 - Audit Of Negative Declarations And Remedial Action Workplans
  22. a. Within one year of the effective date of P.L.1993, c.139, the Department of Environmental Protection and Energy shall conduct an audit of...
• Section 13:1k-12 - Obligations Imposed By Act Not Affected By Bankruptcy Proceedings And Constitute Continuing Regulatory Obligations Imposed By State
  No obligations imposed by this act shall constitute a lien or claim which may be limited or discharged in a bankruptcy proceeding. All obligations...
• Section 13:1k-13 - Grounds For Voiding Sale.
  8.Failure of the transferor to perform a remediation and obtain department approval thereof as required pursuant to the provisions of this act is grounds...
• Section 13:1k-13.1 - Violations; Actions, Penalties.
• Section 13:1k-14 - Residential Property Contaminated With Radon Gas Or Radon Progeny; Inspection And Testing; Removal; Certification; Costs
  a. The Department of Environmental Protection shall, upon a determination after inspection and testing that the premises of any residential property are not significantly...
• Section 13:1k-15 - Definitions
  As used in this act: a. "Hazardous substances" means those elements and compounds, including petroleum products, which are defined as such by the Department...
• Section 13:1k-16 - Industrial Establishment; Owners' Or Operators' Inspection And Reporting Requirement; Violations; Penalty; Injunctions; Liability Of Reporter
  a. An owner or operator of an industrial establishment, or real property which once was the site of an industrial establishment who knows or...
• Section 13:1k-17 - Notice To Local Bodies And Verification Of Hazardous Discharge; List Of Reported Discharges; Notification Of Department By Local Bodies
  a. When the Department of Environmental Protection obtains any information which leads it to suspect that a hazardous discharge has occurred, it shall immediately...
• Section 13:1k-18 - Rules And Regulations
  The department shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) the rules and regulations necessary to carry...
• Section 13:1k-19 - Short Title
  This act shall be known and may be cited as the "Toxic Catastrophe Prevention Act." L. 1985, c. 403, s. 1, eff. Jan. 8,
• Section 13:1k-20 - Findings, Declarations
  The Legislature finds and declares that a number and variety of industrial facilities and related operations generate, store, handle, and transport extremely hazardous substances;...
• Section 13:1k-21 - Definitions
  As used in this act: a. "Extraordinarily hazardous accident risk" means a potential for release of an extraordinarily hazardous substance into the environment, which...
• Section 13:1k-22 - Extraordinarily Hazardous Substance List
  a. The following chemicals or chemical compounds, in the quantities indicated, shall constitute the initial extraordinarily hazardous substance list: hydrogen chloride (HCl) and allyl...
• Section 13:1k-23 - Risk Management Program
  a. If the owner or operator of a facility that submitted a registration form pursuant to section 4 of this act has established a...
• Section 13:1k-24 - Risk Reduction Work Plan
  Upon review of all registrations and accompanying materials submitted pursuant to this section, the department shall, in cooperation with the facility owner or operator,...
• Section 13:1k-25 - Accident Risk Assessment
  The owner or operator of every facility registered with the department pursuant to section 4 of this act shall submit those operations in the...
• Section 13:1k-26 - Risk Reduction Plan; Review, Hearing
  a. Upon review of the Extraordinarily Hazardous Substance Accident Risk Assessment for each facility, the department shall, if appropriate, order the owner or operator...
• Section 13:1k-27 - Right-of-entry; Recordkeeping
  a. The department has the right to enter any facility at any time in order to verify compliance with the provisions of this act...
• Section 13:1k-28 - Insurance Information Release
  a. The department may institute an administrative procedure to determine whether an owner of a facility which generates, stores, or handles any extraordinarily hazardous...
• Section 13:1k-29 - Internal Management Of Confidential Information
  a. The department shall, pursuant to regulation, adopt principles, guidelines, and procedures governing the internal management of confidential information supplied to the department pursuant...
• Section 13:1k-30 - Violations; Penalties
  a. If any person violates any of the provisions of sections 4 through 8 of this act or any rule, regulation or order promulgated...
• Section 13:1k-31 - Fee Schedule
  The department is authorized to charge and collect fees from facility owners registered pursuant to section 4 of this act, in accordance with a...
• Section 13:1k-32 - Involvement Of Other Entities
  The department shall make every effort to involve hazardous materials advisory councils, where they exist; local government officials, and other pertinent entities in explaining...
• Section 13:1k-33 - Hazardous Material Discharge Initial Emergency Response Training Program
  Within 180 days of the effective date of this act and annually thereafter, the Division of State Police in the Department of Law and...
• Section 13:1k-34 - Purpose Of Program
  The hazardous material discharge training program shall be designed to enable its participants to competently: a. Verify if a hazardous material discharge has occurred;...
• Section 13:1k-35 - Annual Appropriation For Continued Implementation Of Program
  There shall be annually appropriated to the Division of State Police in the Department of Law and Public Safety from the General Fund such...
• Section 13:1k-36 - Findings, Declarations, Determinations Relative To Sale, Use, Burning Of Creosote.
  1.The Legislature finds and declares that creosote, commonly used as a wood preservative to repel insects and prevent rot and water damage of wood...
• Section 13:1k-37 - "Creosote," "Utility Company" Defined.
  2.As used in this act: "Creosote" means the substance produced by the high temperature treatment of coal tar and used primarily as a wood...
• Section 13:1k-38 - Sale, Use Of Certain Creosote Products Prohibited.
  3.On or after July 1, 2007 neither creosote nor any wood or other product treated with or containing creosote shall be sold, offered for...
• Section 13:1k-39 - Burning, Disposal Of Certain Creosote Products Prohibited.
  4.On or after July 1, 2007 neither creosote nor any wood or other product treated with or containing creosote shall be burned in any...
• Section 13:1k-40 - Inapplicability Of Act.
  5.The provisions of this act shall not apply to: a.the operation, use or maintenance of railroad and railroad shipping facilities, including but not limited...
• Section 13:1k-41 - Violations, Penalties, Civil Actions.
  6. a. Any person who violates this act shall be subject to a civil penalty of $500 for the first offense and $1,000 for...
• Section 13:1k-42 - Rules, Regulations; Temporary Waivers.
  7. a. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations, as...
• Section 13:1l-1 - Short Title
  This act shall be known and may be cited as the "State Park and Forestry Resources Act." L.1983, c. 324, s. 1, eff. Sept....
• Section 13:1l-2 - Legislative Findings And Declarations
  The Legislature finds and declares that the acquiring, planning, designing, developing, operating and managing of the State parks and forests is in the best...
• Section 13:1l-3 - Definitions.
  3.For the purposes of this act: "All-terrain vehicle" means the same as the term is defined pursuant to section 1 of P.L.1973, c.307 (C.39:3C-1)....
• Section 13:1l-4 - Powers
  The department shall acquire, plan, design, construct, operate and maintain State parks and forests and shall have the power to: a. Install permanent improvements...
• Section 13:1l-5 - Duties
  The department shall: a. Provide recreational activities and programs within State parks and forests for the benefit of the State's citizens; b. Strive to...
• Section 13:1l-5.1 - Duties Of Commissioner Relative To Designation Of Sites.
  38. a. Within three years after the date of enactment of P.L.2009, c.275 (C.39:3C-3.1 et al.), the Commissioner of Environmental Protection shall: (1)designate and...
• Section 13:1l-6 - Grant Of Authority To Operate Facilities For Private Profit; Acquisition Of Interest In Lands
  a. Notwithstanding any other law, rule or regulation to the contrary, the department shall have the authority to grant such rights or privileges to...
• Section 13:1l-7 - Powers Of Department
  7. a. For the purposes of acquiring, holding, managing or developing lands or other properties for a State park or forest, the department shall...
• Section 13:1l-8 - Authority To Exchange Lands
  8. The department shall have the authority to sell, lease or exchange any lands or any interest therein, except those lands or interests acquired...
• Section 13:1l-9 - Closing Of Park; Removal Of Persons
  The department may close a State park or forest or may remove any person from a State park or forest without legal procedure if...
• Section 13:1l-10 - Destruction Of Park Property, Archaeological Findings, Sites Prohibited.
  10. a. (1) Except as may be provided pursuant to subsection c. or subsection d. of this section, no person may alter, deface, destroy,...
• Section 13:1l-11 - Shooting Or Trapping Of Birds At High Point Park; Preservation Of Island Beach Park
  a. In specific regard to High Point Park, the department shall not allow the shooting or trapping of birds on park grounds, other than...
• Section 13:1l-12 - Free Admission For Elderly, Disabled, Members Of New Jersey National Guard
  12. The department shall not charge an admission fee for entrance into a State park or forest by any resident of the State of...
• Section 13:1l-12.1 - Free Admission For Veterans To State Parks, Forests, Certain Circumstances; Definitions.
  1. a. The department shall not charge an admission fee for entrance into a State park or forest by any veteran during an event...
• Section 13:1l-13 - Forest Management Program
  The department shall plan, develop and implement a forest management program for the forest resources of the State parks and forest and by providing...
• Section 13:1l-14 - Tree Seeds And Seedling Trees; Procurement, Production And Distribution
  The department shall procure, produce and distribute tree seeds and seedling trees for the purpose of: a. Establishing forests, windbreaks, shelterbelts, woodlots, and other...
• Section 13:1l-14.1 - Definitions
  1. As used in this act: "Division" means the Division of Parks and Forestry in the Department of Environmental Protection. "State entity" means a...
• Section 13:1l-14.2 - Plan For Compensatory Reforestation
  2. a. Each State entity, by July 1, 1993, and at least annually thereafter, shall develop, and submit to the Division of Parks and...
• Section 13:1l-14.3 - Nonapplicability Of Act.
  3.The requirements of P.L.1993, c.106 (C.13:1L-14.1 et seq.) shall not apply to activities: a.that are deemed by the division to constitute standard forestry, wildlife...
• Section 13:1l-14.4 - Public Forum To Present Plan For Deforestation, Reforestation By State Entities
  2.Whenever a State entity owns or maintains land on which an area of at least one acre in size is scheduled for deforestation, at...
• Section 13:1l-15 - Protection Of Trees And Wood From Insects And Disease
  The department shall protect from insects and diseases the trees and forests and wood products, stored wood, and wood in use in the State....
• Section 13:1l-16 - Fire Protection; Technical Assistance To Local Government
  The department shall: a. Minimize the threat to life, property, and damage to forest resources through the use of appropriate fire prevention, presuppression and...
• Section 13:1l-17 - State Forester
  The chief forester employed by the department shall be designated and known as the State Forester. L.1983, c. 324, s. 17, eff. Sept. 1,
• Section 13:1l-17.1 - Short Title
  1. Sections 1 through 9 of this act shall be known and may be cited as the "New Jersey Shade Tree and Community Forestry...
• Section 13:1l-17.2 - Findings, Declarations Relative To Shade Trees, Forests In Communities
  2. The Legislature finds and declares that shade trees and forests are a necessary and important part of community and urban environments, and are...
• Section 13:1l-17.3 - Definitions Relative To Community Forestry
  3. As used in sections 1 through 9 of this act: "Commissioner" means the Commissioner of Environmental Protection; "Community forestry" means the planting, protection,...
• Section 13:1l-17.4 - "New Jersey Shade Tree And Community Forestry Program" Established.
  4. There is established in the Division of Parks and Forestry in the Department of Environmental Protection, under the supervision of the State Forester,...
• Section 13:1l-17.5 - Community Forestry Council, Establishment, Membership, Powers
  5. a. There is established in the department a Community Forestry Council, which shall consist of 20 members, appointed by the State Forester, all...
• Section 13:1l-17.6 - Duties Of State Forester
  6. The State Forester, with the advice and assistance of the council, shall establish minimum standards, and provide a training skills and accreditation program,...
• Section 13:1l-17.7 - Development, Distribution Of Comprehensive Community Forestry Plan, Approval
  7. a. The State Forester, with the advice and assistance of the council, shall develop and make available to local governments and shade tree...
• Section 13:1l-17.8 - Annual Report On Status Of New Jersey Shade Tree And Community Forestry Program
  8. The commissioner, with advice from the State Forester, shall prepare an annual report on the status of the New Jersey Shade Tree and...
• Section 13:1l-17.9 - Rules, Regulations
  9. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary...
• Section 13:1l-18 - Publications
  The department may publish, from time to time, any information it deems to be in the public interest at a cost not to exceed...
• Section 13:1l-19 - Fees For Services; Rules And Regulations
  The department may, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), charge and collect fees for any of...
• Section 13:1l-20 - Employees
  The department may hire such employees as may be necessary to carry out the provisions of this amendatory and supplementary act. Subject to the...
• Section 13:1l-21 - Powert To Arrest Without Warrant; Authorization To Carry Firearm; Law Enforcement Training Program.
  21. The commissioner of the department shall have the power to vest in State park police officers and other personnel of the department at...
• Section 13:1l-22 - Oaths; Witnesses; Subpenas
  For the purpose of this amendatory and supplementary act, the department may administer oaths, examine witnesses under oath, and issue subpenas for the production...
• Section 13:1l-23 - Injunctive Relief; Penalties.
  23. a. If a person violates any provision of P.L.1983, c.324 (C.13:1L-1 et seq.), or any rule, regulation, or order adopted or issued pursuant...
• Section 13:1l-24 - Programs For Providing Job Opportunities For Youth And Disadvantaged Persons
  The department is authorized and directed to implement and administer comprehensive programs for the purpose of providing employment opportunities for youth or for disadvantaged...
• Section 13:1l-25 - Disadvantaged Youth; Agreements Or Grants To Provide Transportation Or Camping Experiences
  Upon proper application to the department by a nonprofit association or corporation, or municipality, the department is authorized to enter into agreements with, and...
• Section 13:1l-26 - Findings, Declarations Relative To Establishment Of Forest Health Advisory Council.
  1.The Legislature finds and declares that trees and forests help clean and refresh the air by filtering dust and particulates and by absorbing carbon...
• Section 13:1l-27 - Forest Health Advisory Council; Membership.
  2. a. There is established within the Department of Environmental Protection the Forest Health Advisory Council. The council shall be composed of 10 members,...
• Section 13:1l-28 - Duties Of Council.
  3. a. The council shall act in an advisory capacity to the Department of Environmental Protection, through the Division of Parks and Forestry, in...
• Section 13:1l-29 - Findings, Declarations Relative To Forest Stewardship.
  1. a. The Legislature finds and declares that forest lands are critical to the environmental welfare of the State; that forest lands help clean...
• Section 13:1l-30 - Definitions Relative To Forest Stewardship.
  2.As used in sections 1 through 8 of P.L.2009, c.256 (C.13:1L-29 through C.13:1L-36): "Department" means the Department of Environmental Protection. "Forest stewardship plan" means...
• Section 13:1l-31 - Forest Stewardship Program, Plan.
  3. a. The department shall establish a forest stewardship program under which an owner, in conjunction with a forester or other professional selected by...
• Section 13:1l-32 - Forest Certification Program.
  4. a. For the purposes of section 1 of P.L.2005, c.367 (C.52:32-45), the department shall establish a forest certification program under which the department...
• Section 13:1l-33 - "Forest Stewardship Incentive Fund."
  5. a. There is established in the General Fund a special nonlapsing fund, to be known as the "Forest Stewardship Incentive Fund." Moneys in...
• Section 13:1l-34 - Enactment Of Conflicting Ordinance, Rule, Regulation Prohibited.
  6.No local government unit may enact, on or after the date of enactment of P.L.2009, c.256 (C.13:1L-29 et al.), any ordinance, rule, or resolution,...
• Section 13:1l-35 - Forest Sustainability Criteria, Indicators.
  7. a. The department, utilizing guidance provided by the United States Forest Service and in consultation with the forest stewardship advisory committee established pursuant...
• Section 13:1l-36 - Rules, Regulations.
  8.The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of P.L.2009,...
• Section 13:1m-1 - Findings, Declarations
  The Legislature finds and declares that the production of oil and natural gas from sources within the State can provide substantial economic benefits to...
• Section 13:1m-2 - Permit To Commence Operations
  Notwithstanding any requirements imposed pursuant to P.L. 1947, c. 377 (C. 58:4A-5 et seq.), or any other law, rule, or regulation, no person shall...
• Section 13:1m-3 - Written Findings Required
  A permit required by section 2 of this act shall be issued only upon a written finding by the department that the authorized activities...
• Section 13:1m-4 - Permit Fee; Display
  Each application for the permit required by section 2 of this act, or renewal thereof, shall be accompanied by a fee, established in accordance...
• Section 13:1m-5 - Surety Bond
  As a precondition to the issuance of a permit under section 2 of this act, the applicant shall execute and file with the department...
• Section 13:1m-6 - Suspension Order
  The department may order the immediate suspension of any exploration, drilling, or plugging activities if it finds that the activity poses an imminent danger...
• Section 13:1m-7 - Forfeiture Of Bond
  If the department finds that a holder of a permit issued under section 2 of this act has violated a provision or condition of...
• Section 13:1m-8 - Restoration Of Surface
  A holder of a permit issued under section 2 of this act shall restore, or cause to be restored, the land surface within the...
• Section 13:1m-9 - Location Change
  The location of a well drilling operation may be changed after the issuance of a permit under section 2 of this act only with...
• Section 13:1m-10 - Report After Completion
  A person drilling an oil or gas well within this State shall, within 30 days after the conclusion of drilling or after the plugging...
• Section 13:1m-11 - Permit For Plugging, Abandonment
  No person shall plug and abandon an oil or gas well except in accordance with a permit issued therefor by the Department of Environmental...
• Section 13:1m-12 - Contents Of Report
  Subsequent to the plugging and abandonment of each well, the holder of a permit therefor shall make a written report to the department. The...
• Section 13:1m-13 - Order To Plug Well
  A well drilled for the production of oil or gas which is incapable of producing oil or gas in commercial quantities shall be plugged...
• Section 13:1m-14 - Report On Producible Quantity
  Within seven days of determining that the well will yield a commercially producible quantity of oil or natural gas, the holder of a permit...
• Section 13:1m-15 - Permit For Commercial Operations
  No person shall commence commercial operations to extract or produce oil or natural gas without receiving a permit therefor from the Department of Environmental...
• Section 13:1m-16 - Rules, Regulations
  The Department of Environmental Protection, within 180 days of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L. 1968,...
• Section 13:1m-17 - Violations; Injunctions; Penalties
  a. If any person violates any of the provisions of this act or any rule, regulation or order promulgated or issued pursuant to the...
• Section 13:1m-18 - Municipal, County Regulation Of Oil, Gas Exploration.
  18. a. Nothing in this act shall be construed to supersede or prohibit the adoption, by the governing body of any municipality or county,...
• Section 13:8-23 - Adjunct State Forest Reserves; Agreements With Owners Of Lakes Or Ponds For Use By Public; Tax Exemption
  Any owner of a fresh water lake or pond which is subject to acquisition by the state as provided by section 13:8-22 of this...
• Section 13:8-24 - Contents Of Agreement; Certification Of Tax Exemption
  As a preliminary to the agreement mentioned in section 13:8-23 of this title, the board shall require that the waters of the fresh water...
• Section 13:8-25 - Rules And Regulations; Powers Of Board
  The board shall have power to make reasonable and proper regulations for the use of adjunct state forest reserves created under authority of sections...
• Section 13:8-26 - Lakes Or Ponds Used For Water Power Excepted
  Nothing in sections 13:8-23 to 13:8-25 of this title shall warrant the owner of a pond or lake used solely or chiefly as a...
• Section 13:8-29 - Easements; Acquisition
  The Commissioner of the Department of Environmental Protection is hereby authorized to acquire by gift, purchase or appropriation, in the name of the State...
• Section 13:8-30 - Short Title
  This act shall be known and may be cited as the "New Jersey Trails System Act." L.1974, c. 159, s. 1, eff. Nov. 14,
• Section 13:8-31 - Legislative Findings And Declaration
  a. The Legislature hereby finds that in order to provide for the ever-increasing outdoor recreation needs of an expanding population, and in order to...
• Section 13:8-32 - Definitions
  As used in this act, unless the context clearly indicates otherwise: a. "Department" means the Department of Environmental Protection. b. "Commissioner" means the Commissioner...
• Section 13:8-33 - Classes Of Trails
  The State trails system shall be composed of the following classes of trails: a. State scenic trails, which will be extended trails so located...
• Section 13:8-34 - Establishment Of System; Uniform Markers; Coordination With National Trails System
  a. The department is hereby authorized, empowered, and directed to establish a State trails system of recreation trails, scenic trails and connecting or side...
• Section 13:8-35 - Establishment And Designation; Recreation And Scenic Trails; Appalachian Trail; Connecting Or Side Trails
  a. The department may establish and designate recreation and scenic trails over lands administered by it. b. There is hereby established as the initial...
• Section 13:8-36 - Selection Of Routes And Rights-of-way; Criteria
  a. The selected route shall be compatible with the preservation or enhancement of the environment it traverses, and the boundaries of the right-of-way shall...
• Section 13:8-37 - Use Of State Lands; Acquisition Of Lands Or Interests In Land
  The department may use for trail purposes lands owned by the State, with the concurrence of the head of the administering agency, and may...
• Section 13:8-38 - Noninterference With Nature And Purposes By Use Of Trail; Maintenance Of Natural And Scenic Qualities
  Within the external boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail,...
• Section 13:8-39 - Development And Maintenance Of Trails; Written Cooperative Agreements
  a. The department shall provide for the development and maintenance of trails established under this act and shall cooperate with and encourage other State...
• Section 13:8-40 - Studies For Designation Of Additional Trails
  The department shall make studies for the purpose of determining the feasibility and desirability of designating additional trails as recreation or scenic trails. L.1974,...
• Section 13:8-41 - Review Of Formal Declarations Of Railroad Right-of-way Abandonments For Inclusion In System
  The department shall review all formal declarations of railroad right-of-way abandonments by the Interstate Commerce Commission or other Federal agencies, for possible inclusion into...
• Section 13:8-42 - Rules And Regulations
  The commissioner may adopt and promulgate pursuant to law, rules and regulations governing the use, protection, management, development and administration of the trails system...
• Section 13:8-43 - Violations; Penalties
  Any person violating any provision of this act or any rule or regulation promulgated thereunder shall be liable to a penalty of not more...
• Section 13:8-44 - Funds Available For Acquisition Of Lands Or Interests Therein
  The commissioner may use any sum hereafter appropriated by any act from the proceeds of the sale of bonds under the New Jersey Green...
• Section 13:8-44.1 - "Chingwe Brook" In Wildcat Rock Shelter Designated.
  1.The Commissioner of the Department of Environmental Protection shall officially name the brook which is part of the Wildcat Rock Shelter, located on a...
• Section 13:8-44.2 - Notification Of Name Of Brook.
  2.The Commissioner shall take appropriate action to notify the public and the community of the naming of the brook by erecting appropriate signs bearing...
• Section 13:8-45 - Short Title
  This act shall be known and may be cited as the "New Jersey Wild and Scenic Rivers Act." L.1977, c. 236, s. 1, eff....
• Section 13:8-46 - Legislative Findings And Declarations
  The Legislature hereby finds and declares that many of the rivers of New Jersey, or sections thereof, together with adjacent land areas, possess outstanding...
• Section 13:8-47 - Definitions
  As used in this act, unless the context clearly indicates otherwise: a. "Commissioner" means the Commissioner of the Department of Environmental Protection. b. "Department"...
• Section 13:8-48 - Establishment; Components; Administration; Classification Of River Areas
  The department is hereby authorized, empowered and directed to establish a State system of rivers to be known as the New Jersey Wild and...
• Section 13:8-49 - Inclusion Of River In System; Determination Of Suitability; Hearings; Designation; Notice
  In order to determine the suitability of any river for inclusion in the system, the department shall: a. Complete the delineation of the flood...
• Section 13:8-50 - State Lands; Use For System; Scenic Easements; Acquisition Or Agreements
  a. The department may use for the purposes of the system lands owned by the State, with the concurrence of the head of the...
• Section 13:8-51 - Funds; Authorization To Apply For, Accept And Expend
  The department is hereby authorized to apply for, accept and expend funds from any public or private source for the planning or acquisition of...
• Section 13:8-52 - Rules And Regulations; Use By Commissions Created By Municipalities; Transmittal; Veto By Legislature
  a. The department is hereby empowered and directed, pursuant to the "Administrative Procedure Act" (C. 52:14B-1 et seq.), and after public hearings thereon, to...
• Section 13:8-53 - Municipal Wild And Scenic River Commissions; Authority; Members; Failure To Adopt And Enforce Rules And Regulations; Enforcement By Department
  a. Within 6 months of the adoption of rules and regulations pursuant to subsection a. of section 8 of this act, each affected municipality...
• Section 13:8-54 - Development Of Facilities For Public Welfare On State-owned Land
  Nothing in this act shall be construed so as to prohibit the department from developing facilities on any State-owned land within a component river...
• Section 13:8-55 - Guidelines For Preparation Of Reports
  Within 1 year of the effective date of this act, the commissioner shall promulgate guidelines for the preparation of the reports required for designation...
• Section 13:8-56 - Easements And Rights-of-way On State-owned Land; Grants; Reclassification Of Designation Of Component River Area
  a. The department may grant easements and rights-of-way upon, over, under, across, or through any State-owned land within a component river area of the...
• Section 13:8-57 - Violations; Penalty; Injunction
  Any person who violates the provisions of any rule or regulation adopted by the department pursuant to this act shall be guilty of a...
• Section 13:8-58 - Funds Expendable For Acquisition Of Lands Or Scenic Easements
  The commissioner may use any sum hereafter appropriated by any act from the proceeds of the sale of bonds under the "New Jersey Green...
• Section 13:8-59 - Component River Area Within Flood Hazard Area Or Part Of State Park, Wildlife Refuge Or Similar Area; Acts Governing
  Any portion of a component river area included in the system which is delineated as within the boundaries of a flood hazard area pursuant...
• Section 13:8-60 - Inclusion Of Component River Areas In National Wild And Scenic Rivers System
  The Governor is hereby authorized to make application on behalf of the State for the inclusion of component river areas of the New Jersey...
• Section 13:8-61 - Severability
  If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and...
• Section 13:8-62 - Liberal Construction Of Act
  This act shall be liberally construed to effectuate the purpose and intent hereof. L.1977, c. 236, s. 18, eff. Sept. 28, 1977.
• Section 13:8-63 - Designation Of Initial Components Of System
  The department shall, within 1 year of the effective date of this act, complete all of the necessary requirements as herein provided for the...
• Section 13:8-64 - Wildlife Sanctuary Defined
  As used in this act, "wildlife sanctuary" means that portion of a State park dedicated to the preservation and protection of the animals inhabiting...
• Section 13:8-65 - Ferber Plot; Designation As Sanctuary
  The Commissioner of Environmental Protection shall designate as a wildlife sanctuary that portion of Wawayanda State Park commonly known as the "Ferber plot" and...
• Section 13:8-66 - Penalties; Enforcement
  3. a. Any person who abuses, mutilates, injures, removes or destroys any animal inhabiting a wildlife sanctuary shall be liable to a penalty of...
• Section 13:8-67 - Release Of Animals Into Sanctuary
  The release of animals onto the wildlife sanctuary by any person or group of persons for their protection and preservation shall be permitted as...
• Section 13:8-68 - Rules And Regulations
  The Commissioner of Environmental Protection may propose, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.),...
• Section 13:8a-1 - Short Title
  This act may be cited as the "New Jersey Green Acres Land Acquisition Act of 1961." L.1961, c. 45, p. 477, s. 1, eff....
• Section 13:8a-2 - Legislative Findings
  The Legislature hereby finds that: (a) The provision of lands for public recreation and the conservation of natural resources promotes the public health, prosperity...
• Section 13:8a-3 - Definitions
  Except as the context may otherwise require: (a) "Commissioner" means the Commissioner of Conservation and Economic Development or his designated representative; (b) "Local unit"...
• Section 13:8a-4 - Acquisition Of Lands For Recreation And Conservation Purposes; Grants To Assist Local Units Acquire Lands
  The commissioner shall use the sum appropriated by this act from the proceeds of the sale of bonds under the New Jersey Green Acres...
• Section 13:8a-5 - Considerations To Guide Commissioner In Acquiring Lands And Making Grants
  In acquiring lands and making grants to assist local units to acquire lands the commissioner shall: (a) seek to achieve a reasonable balance among...
• Section 13:8a-6 - Manner Of Acquisition; Statement Of Intended Acquisition
  Lands acquired by the State shall be acquired by the commissioner in the name of the State. They may be acquired by purchase or...
• Section 13:8a-7 - Rules And Regulations Governing Administration, Operation And Use Of Lands
  The commissioner shall prescribe rules and regulations governing the administration, operation and use of lands acquired by the State under this act to effect...
• Section 13:8a-8 - Manner Of Acquisition Of Lands By Local Unit With State Assistance
  Lands approved by the commissioner for acquisition by a local unit with State assistance shall be acquired by and in the name of the...
• Section 13:8a-9 - Conditions Precedent To Local Assistance Grant; Terms And Conditions Of Grant; Acceptance By Local Unit
  A grant to assist a local unit to acquire lands for recreation and conservation purposes shall not be made under this act until: (a)...
• Section 13:8a-10 - Conditions Precedent To Local Assistance Grant; Rules And Regulations Governing Administration, Operation And Use Of Lands
  A grant may not be made under this act until the local unit has adopted regulations governing the administration, use and development of the...
• Section 13:8a-11 - Grants By State Treasurer Upon Approval By Commissioner; Amount Of Grant
  Grants under this act shall be made by the State Treasurer upon certification of approval by the commissioner. Each grant shall be in an...
• Section 13:8a-12 - Acquisition Of Lands Subject To Rights Of Another; Conservation Easements
  Without limitation of the definition of "lands" herein, the commissioner may acquire, or approve grants to assist a local unit to acquire: (a) lands...
• Section 13:8a-13 - Disposal Of Acquired Land; Disposition Of Returned Moneys
  13. (a) Lands acquired by a local unit with the aid of a grant under this act shall not be disposed of or diverted...
• Section 13:8a-14 - Discrimination Prohibited
  Use of lands acquired under this act by the State or with State assistance shall not be restricted by any conditions of race, creed,...
• Section 13:8a-15 - Sale Of Lands By Local Unit To State
  Notwithstanding any other provision of law, lands to be acquired by the State under this act from any local unit may be sold to...
• Section 13:8a-16 - Powers Of Commissioner
  The commissioner, in executing this act, may do all things necessary or useful and convenient in connection with the acquisition of lands by the...
• Section 13:8a-17 - Appropriation
  The money in the State Recreation and Conservation Land Acquisition Fund created by the New Jersey Green Acres Bond Act of 1961 is hereby...
• Section 13:8a-18 - Effective Date
  Section 17 of this act shall take effect upon approval by the people at a general election of the New Jersey Green Acres Bond...
• Section 13:8a-19 - Short Title
  This act may be cited as the "New Jersey Green Acres Land Acquisition Act of 1971." L.1971, c. 419, s. 1, eff. Jan. 24,
• Section 13:8a-20 - Legislative Findings
  The Legislature hereby finds that: a. The provision of lands for public recreation and conservation of natural resources promotes the public health, prosperity and...
• Section 13:8a-21 - Definitions
  Except as the context may otherwise require: a. "Commissioner" means the Commissioner of Environmental Protection or his designated representative; b. "Local unit" means a...
• Section 13:8a-22 - Use Of Moneys
  The commissioner shall use the sum appropriated by this act from the proceeds of the sale of bonds under the New Jersey Green Acres...
• Section 13:8a-23 - Guidelines In Acquisition Of Lands And Making Grants
  In acquiring lands and making grants to assist local units to acquire lands the commissioner shall: a. Seek to achieve a reasonable balance among...
• Section 13:8a-24 - Acquisition Of Lands; Purchase; Eminent Domain; Declaration Of Taking; Filing; Deposit Of Estimated Compensation; Notice; Right To Possession; Adjustment Of Compensation
  Lands acquired by the State shall be acquired by the commissioner in the name of the State. They may be acquired by purchase or...
• Section 13:8a-25 - Rules And Regulations On Administration, Operation And Use Of Acquired Lands
  The commissioner shall prescribe rules and regulations governing the administration, operation and use of lands acquired by the State under this act to effect...
• Section 13:8a-26 - Acquisition Of Lands By Local Units
  Lands approved by the commissioner for acquisition by a local unit with State assistance shall be acquired by and in the name of the...
• Section 13:8a-27 - Grant To Assist Local Unit To Acquire Lands For Recreation And Conservation Use; Conditions
  A grant to assist a local unit to acquire lands for recreation and conservation purposes shall not be made under this act until: a....
• Section 13:8a-28 - Grant To Local Unit; Prerequisite Of Adoption Of Regulations Governing Administration, Use And Development Of Lands; Alteration Of Regulations; Approval
  A grant may not be made under this act until the local unit has adopted regulations governing the administration, use and development of the...
• Section 13:8a-29 - Grants; Payment Upon Certification Of Approval; Limitation
  Grants under this act shall be made by the State Treasurer upon certification of approval by the commissioner. Each grant shall be in an...
• Section 13:8a-30 - Power To Acquire Lands Subject To Leases Or Conservation Easements
  Without limitation of the definition of "lands" herein, the commissioner may acquire, or approve grants to assist a local unit to acquire: a. Lands...
• Section 13:8a-31 - Use Of Acquired Lands
  13. a. Lands acquired by a local unit with the aid of a grant under this act shall not be disposed of or diverted...
• Section 13:8a-32 - Prohibition Of Discrimination In Use Of Lands
  Use of lands acquired under this act by the State or with State assistance shall not be restricted by any conditions of race, creed,...
• Section 13:8a-33 - Sale Of Lands To State By Local Unit
  Notwithstanding any other provision of law, lands to be acquired by the State under this act from any local unit may be sold to...
• Section 13:8a-34 - Assistance Rendered By Commissioner To Help In Acquisition Of Lands
  The commissioner, in executing this act, may do all things necessary or useful and convenient in connection with the acquisition of lands by the...
• Section 13:8a-35 - Short Title
  This act may be cited as the "New Jersey Green Acres Land Acquisition and Recreation Opportunities Act." L.1975, c. 155, s. 1, eff. July...
• Section 13:8a-36 - Legislative Findings
  The Legislature hereby finds that: a. The provision of lands for public recreation and the conservation of natural resources promotes the public health, prosperity...
• Section 13:8a-37 - Definitions
  Except as the context may otherwise require: a. "Commissioner" means the Commissioner of Environmental Protection or his designated representative; b. "Cost," as used with...
• Section 13:8a-38 - Use Of Funds
  The commissioner shall use the sums appropriated by this act from the proceeds of the sale of bonds under the New Jersey Green Acres...
• Section 13:8a-39 - Considerations In Acquisition And Development Of Lands And In Grants To Assist Local Units
  In acquiring and developing lands and making grants to assist local units to acquire and develop lands the commissioner shall: a. Seek to achieve...
• Section 13:8a-40 - Acquisition Of Lands; Purchase Or Condemnation
  a. Lands acquired by the State shall be acquired by the commissioner in the name of the State. They may be acquired by purchase...
• Section 13:8a-41 - Rules And Regulations Governing Administration, Operation And Use
  The commissioner may prescribe rules and regulations governing the administration, operation and use of lands acquired or developed by the State under this act...
• Section 13:8a-42 - Acquisition Of Land By Local Unit With State Aid
  Lands approved by the commissioner for acquisition by a local unit with State assistance shall be acquired by and in the name of the...
• Section 13:8a-43 - Grant To Assist Local Unit; Conditions
  A grant to assist a local unit to acquire or develop lands for recreation and conservation purposes shall not be made under this act...
• Section 13:8a-44 - Regulations By Local Unit Governing Administration And Use Of Lands
  A grant may not be made under this act until the local unit has adopted regulations governing the administration and use of the lands...
• Section 13:8a-45 - Grants By Commissioner; Limitation On Amount
  Grants under this act shall be made by the commissioner. Each grant shall be in an amount not more than 50% of the actual...
• Section 13:8a-46 - Lands Subject To Occupation For Term Or To Conservation Easement; Acquisition
  Without limitation of the definition of "lands" herein, the commissioner may acquire, or approve grants to assist a local unit to acquire: a. Lands...
• Section 13:8a-47 - Use, Disposal Of Land Acquired By Local Unit For Other Than Recreation, Conservation Purposes; Exceptions
  13. a. Lands acquired or developed by a local unit with the aid of a grant under this act shall not be disposed of...
• Section 13:8a-48 - Disposition Of Lands Acquired By State; Approval
  14. a. Lands acquired or developed by the State under this act with money from the State Recreation and Conservation Land Acquisition and Development...
• Section 13:8a-49 - Acquisition Of Lands By Lease With Minimum Term Of 25 Years; Use For Recreation Facilities
  The commissioner may authorize the development of recreation facilities or approve grants to assist a local unit develop recreation facilities on lands acquired through...
• Section 13:8a-50 - Operation And Maintenance Of Property Or Facilities By Local Unit
  A local unit which receives a grant under this act shall satisfactorily operate and maintain, or cause to be operated and maintained, the property...
• Section 13:8a-51 - Restrictions On Use Due To Race, Sex, Nationality, Or Residence; Prohibition
  Use of lands acquired under this act by the State or with State assistance shall not be restricted by any conditions of race, creed,...
• Section 13:8a-52 - Acquisition Of Lands From Local Unit By State; Private Sale
  Notwithstanding any other provision of law, lands to be acquired by the State under this act from any local unit may be sold to...
• Section 13:8a-53 - Powers Of Commissioner
  The commissioner, in executing this act, may do all things necessary or useful and convenient in connection with the acquisition or development of lands...
• Section 13:8a-54 - Appropriation Of Money In State Recreation And Conservation Land Acquisition And Development Fund; Use
  The money in the State Recreation and Conservation Land Acquisition and Development Fund created by the New Jersey Green Acres and Recreation Opportunities Bond...
• Section 13:8a-55 - Comprehensive Master Plan; Acquisition, Development And Use Of Open Lands; Annual Report
  The Commissioner of the Department of Environmental Protection is hereby authorized and directed to develop and maintain a Comprehensive Master Plan for the acquisition,...
• Section 13:8a-56 - Certain Public Parking Lots, Use For Commuter Parking.
  1. a. Notwithstanding the provisions of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47),...
• Section 13:8b-1 - Title Of Act
  This act shall be known and may be cited as the "New Jersey Conservation Restriction and Historic Preservation Restriction Act." L.1979, c. 378, s....
• Section 13:8b-2 - Definitions
  As used in this act: a. "Charitable conservancy" means a corporation or trust whose purposes include the acquisition and preservation of land or water...
• Section 13:8b-3 - Acquisition And Enforcement Of Conservation Or Historic Preservation Restrictions
  A conservation restriction or an historic preservation restriction may be acquired by the Commissioner of Environmental Protection in the name of State, or by...
• Section 13:8b-4 - Privity Of Estate Or Contract; Enforceability Of Restrictions; Recording
  No conservation restriction or an historic preservation restriction held by the State or a local unit or by a charitable conservancy, shall be unenforceable...
• Section 13:8b-5 - Release Of Restrictions; Public Hearing
  A conservation restriction or an historic preservation restriction may be released in whole or in part, by the holder thereof, for such consideration, if...
• Section 13:8b-6 - Approval Of Commissioner Of Environmental Protection
  The provisions of section 5 of this act notwithstanding, no conservation restriction acquired pursuant to this act shall be released without the approval of...
• Section 13:8b-7 - Valuation Of Land Subject To Restriction
  The existence of any conservation restriction or historical preservation restriction acquired pursuant to this act shall be considered by local assessors in establishing the...
• Section 13:8b-8 - Construction
  Nothing in this act shall be construed to imply that any restriction, easement, covenant, or condition which does not have the benefit of this...
• Section 13:8b-9 - Severability
  If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such...
• Section 13:8c-1 - Short Title
  1.Sections 1 through 42 of this act shall be known, and may be cited, as the "Garden State Preservation Trust Act." L.1999,c.152,s.1.
• Section 13:8c-2 - Findings, Declarations Relative To Open Space, Farmland, And Historic Preservation.
  2.The Legislature finds and declares that enhancing the quality of life of the citizens of New Jersey is a paramount policy of the State;...
• Section 13:8c-3 - Definitions Relative To Open Space, Farmland, And Historic Preservation.
  3.As used in sections 1 through 42 of this act: "Acquisition" or "acquire" means the obtaining of a fee simple or lesser interest in...
• Section 13:8c-4 - "Garden State Preservation Trust"
  4. a. There is hereby established in but not of the Department of the Treasury a public body corporate and politic, with corporate succession,...
• Section 13:8c-5 - Purpose Of Trust
  5.It shall be the sole purpose of the trust established pursuant to this act to: a.Provide funding to the Department of Environmental Protection, the...
• Section 13:8c-6 - Powers Of Trust
  6.In addition to all other powers granted to the trust in this act, the trust shall have power: a.To sue and be sued; b.To...
• Section 13:8c-7 - Powers Of Trust To Issue Bonds, Notes, Other Obligations.
  7. a. The trust shall have the power and is hereby authorized to issue its bonds, notes or other obligations in principal amounts as...
• Section 13:8c-8 - Powers Of Trust To Secure Payment Of Bonds, Notes, Other Obligations
  8.In any resolution of the trust authorizing or relating to the issuance of any bonds, notes or other obligations or in any indenture securing...
• Section 13:8c-9 - Pledges Made By The Trust
  9.Any pledge of revenues, moneys, funds or other property made by the trust shall be valid and binding from the time when the pledge...
• Section 13:8c-10 - Immunity From Personal Liability
  10. Neither the members of the trust nor any person executing bonds, notes or other obligations issued pursuant to this act shall be liable...
• Section 13:8c-11 - Establishment Of Reserves, Funds, Accounts
  11. The trust may establish reserves, funds or accounts as may be, in its discretion, necessary or desirable to further the accomplishment of the...
• Section 13:8c-12 - Pledge, Covenant Of State
  12. The State does hereby pledge to and covenant and agree with the holders of any bonds, notes or other obligations issued or incurred...
• Section 13:8c-13 - Investment Of Moneys, Funds In The Trust
  13. The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations,...
• Section 13:8c-14 - Property Of Trust Declared Public
  14. All property of the trust is declared to be public property devoted to an essential public and governmental function and purpose and shall...
• Section 13:8c-15 - Annual Fiscal Report To Governor, Legislature; Audits
  15. On or before the first day of September in each year, commencing with the calendar year after the date of enactment of this...
• Section 13:8c-16 - Services Rendered To Trust
  16. All officers, departments, boards, agencies, divisions, and commissions of the State are hereby authorized and empowered to render any and all services to...
• Section 13:8c-17 - "Garden State Preservation Trust Fund Account"
  17. a. There is established in the General Fund a special account to be known as the "Garden State Preservation Trust Fund Account." The...
• Section 13:8c-18 - Transfers For Deposit To Preservation Trust Funds
  18. a. In each State fiscal year, from State fiscal year 2000 through and including State fiscal year 2009, the trust shall transfer to...
• Section 13:8c-18.1 - Allocation Of Amount Exceeding $1,000,000,000.
  3.Of the total of up to $1,150,000,000 in proceeds raised by the trust from the issuance of bonds, notes or other obligations, and transferred...
• Section 13:8c-19 - "Garden State Green Acres Preservation Trust Fund."
  19.The State Treasurer shall establish a fund to be known as the "Garden State Green Acres Preservation Trust Fund." The State Treasurer shall deposit...
• Section 13:8c-20 - "Garden State Farmland Preservation Trust Fund."
  20.The State Treasurer shall establish a fund to be known as the "Garden State Farmland Preservation Trust Fund." The State Treasurer shall deposit into...
• Section 13:8c-21 - "Garden State Historic Preservation Trust Fund."
  21.The State Treasurer shall establish a fund to be known as the "Garden State Historic Preservation Trust Fund." The State Treasurer shall deposit into...
• Section 13:8c-22 - Audits By State Auditor
  22. a. The State Auditor shall conduct audits of the expenditures from the Garden State Green Acres Preservation Trust Fund, the Garden State Farmland...
• Section 13:8c-23 - Submission Of Recommendations, Requests For Funding.
  23. a. (1) At least twice each State fiscal year, the Department of Environmental Protection shall submit to the trust a list of projects...
• Section 13:8c-24 - Office Of Green Acres Established.
  24. a. (1) There is established in the Department of Environmental Protection the Office of Green Acres. The commissioner may appoint an administrator or...
• Section 13:8c-25 - Biennial Progress Report To Governor, Legislature By The Trust.
  25.Within one year after the date of enactment of this act, and biennially thereafter until and including 2008, the Garden State Preservation Trust, after...
• Section 13:8c-25.1 - Submission Of Open Space Master Plan.
  5. a. Within one year after the date of enactment of P.L.2002, c.76 (C.13:8C-25.1 et al.), and annually thereafter, the Department of Environmental Protection,...
• Section 13:8c-26 - Allocation Of Funds Appropriated; Conditions.
  26. a. Moneys appropriated from the Garden State Green Acres Preservation Trust Fund to the Department of Environmental Protection shall be used by the...
• Section 13:8c-27 - Grants, Loans To Local Government Unit; Conditions
  27. a. (1) Any grant awarded by the State to a local government unit to acquire lands for recreation and conservation purposes shall be...
• Section 13:8c-28 - Use Of Power Of Eminent Domain
  28. The State shall not use the power of eminent domain in any manner for the acquisition of lands by the State for recreation...
• Section 13:8c-29 - Payments To Municipalities In Lieu Of Taxes For Lands Acquired Using Dedicated Money
  29. a. (1) (a) To the end that municipalities may not suffer a loss of taxes by reason of the acquisition and ownership by...
• Section 13:8c-30 - Payments To Municipalities In Lieu Of Taxes For Lands Acquired Using Other Than Dedicated Money
  30. a. With respect to lands acquired using any funding source other than constitutionally dedicated moneys, whether prior to the date of enactment of...
• Section 13:8c-31 - Use Of Lands Acquired, Developed By State Using Dedicated Money
  31. Lands acquired or developed by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part shall not...
• Section 13:8c-32 - Use Of Lands Acquired, Developed By Local Government Unit, Tax Exempt Nonprofit Organization Using Dedicated Money; Exceptions
  32. a. Lands acquired or developed by a local government unit or a qualifying tax exempt nonprofit organization for recreation and conservation purposes using...
• Section 13:8c-33 - Permissible Actions By Local Government Unit For Other Lands
  33. a. For lands held by a local government unit for recreation and conservation purposes that were neither acquired nor developed for any of...
• Section 13:8c-34 - Conveyance Of Land By Local Government Unit, Conditions
  34. a. A local government unit may convey lands held by the local government unit for recreation and conservation purposes to the federal government,...
• Section 13:8c-35 - Conveyance Of Land Acquired Using Dedicated Money By State, County, Local Government Unit, Restrictions
  35. a. No lands acquired or developed by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part...
• Section 13:8c-36 - Operation, Maintenance Of Lands
  36. A local government unit that receives a grant or loan for recreation and conservation purposes pursuant to this act shall satisfactorily operate and...
• Section 13:8c-37 - Use Of Funds Appropriated For Farmland Preservation
  37. a. Moneys appropriated from the Garden State Farmland Preservation Trust Fund to the State Agriculture Development Committee for farmland preservation purposes shall be...
• Section 13:8c-38 - Acquisitions, Grants With Respect To Farmland Preservation.
  38. a. All acquisitions or grants made pursuant to section 37 of P.L.1999, c.152 (C.13:8C-37) shall be made with respect to farmland devoted to...
• Section 13:8c-38.1 - Solicitation Of Development Easements, Fee Simple Interests In Farmland.
  7. a. To accomplish the expenditure provisions required pursuant to section 38 of P.L.1999, c.152 (C.13:8C-38), and advance the preservation of important agricultural resources...
• Section 13:8c-38.2 - Report Of Farms Preserved Through Receipt Of Grants.
  8. a. The State Agriculture Development Committee shall prepare and issue at least annually a report listing the farms preserved through the acquisition by...
• Section 13:8c-39 - Grant To Qualifying Tax Exempt Nonprofit Organization For Farmland.
  39. a. The committee may provide a grant to a qualifying tax exempt nonprofit organization for up to 50% of the cost of acquisition...
• Section 13:8c-40 - Acquisition, Permanent Retirement Of Development Easements On Farmland.
  40. a. The committee may acquire and permanently retire development easements on farmland. b.The committee shall evaluate the suitability of the acquisition of a...
• Section 13:8c-40.1 - Property Acquired For Farmland Preservation Of Historic Buildings, Structures; Terms Defined.
  1. a. Notwithstanding any law, rule, or regulation to the contrary, whenever the State, a local government unit, or a qualifying tax exempt nonprofit...
• Section 13:8c-40.2 - Demolishing Of Historic Building, Structure Prohibited, Terms Defined.
  2. a. No historic building or structure located on farmland for which a development easement has been acquired by the State, a local government...
• Section 13:8c-41 - Use Of Moneys Appropriated To New Jersey Historic Trust
  41. a. Moneys appropriated from the Garden State Historic Preservation Trust Fund to the New Jersey Historic Trust for historic preservation purposes shall be...
• Section 13:8c-42 - Rules, Regulations; Contracts; Study Of Utility Easements
  42. a. The Department of Environmental Protection, the State Agriculture Development Committee, the New Jersey Historic Trust, and the Department of the Treasury shall...
• Section 13:9-1 - Forest Fire Service Established
  The Department of Environmental Protection shall maintain a forest fire service for the protection of forests, and property adjacent thereto, wherever the department shall...
• Section 13:9-2 - General Powers Of Department
  The department, through its agents, shall have power to: a. Determine forest fire hazards; b. Remove or cause to be removed brush, undergrowth or...
• Section 13:9-3 - Duties Of And Regulations Governing Firewardens
  The department shall have power from time to time, subject to the limitations of this chapter, to prescribe such duties and make such regulations...
• Section 13:9-4 - Material, Supplies, Equipment And Property; Purchase And Distribution; Custodian
  The department may purchase and distribute to the firewardens such material, supplies and equipment and purchase such other property as it may deem necessary...
• Section 13:9-5 - Expenses Of Administration Of Chapter; How Paid
  All expenses incurred by the department in carrying out the provisions of this chapter, including the compensation of officers and employees in the forest...
• Section 13:9-6 - Divisions, Sections And Districts
  The department shall divide the forest areas of the State into divisions, sections and districts. Amended by L.1981, c. 369, s. 16, eff. Dec....
• Section 13:9-7 - State Firewarden, Supervisors, Deputies And Other Officers And Employees; Appointment, Removal And Compensation
  The department may appoint, removable by the department after charges have been preferred and hearing granted, a State firewarden, and such supervisors, deputies, assistants,...
• Section 13:9-7.1 - Mandatory Training Requirements For Fire Service Instructors
  7. In accordance with the legislative findings and declarations in section 1 of P.L.1995, c.266, training for fire service instructors of forestland fire fighters...
• Section 13:9-9 - Emergency Help; Cooperative Or Contractual Agreements
  The department shall, when the emergency arises, employ work crews and purchase equipment to fight forest fires as may be deemed necessary. The department...
• Section 13:9-10 - Deputy Firewardens; Designation
  Each firewarden, subject to the approval of the department, may designate one or more proper persons to act as deputy or deputies in case...
• Section 13:9-12 - Hourly Compensation Of District Firewardens And Helpers
  District firewardens and their helpers shall be paid at the following rates while fighting forest fires: a. District firewardens, while engaged in fighting fires,...
• Section 13:9-13 - General Powers Of State Firewarden
  The State firewarden, under the direction of the commissioner, shall administer and supervise the forest fire service, cooperating agencies and such laws as shall...
• Section 13:9-15 - Enforcement Of Laws And Extinguishment Of Fires; Summoning Assistance
  Firewardens shall be trained law enforcement officers and shall enforce the laws of this State for the protection of forests from wildfire. They shall...
• Section 13:9-16 - Obstruction, Threat, Abuse, Assault, Injury Or Interference With Firewarden, Deputies Or Assistants
  No person shall obstruct, threaten, abuse, assault, injure or in anywise interfere with any firewarden, his deputies or assistants, or any one or more...
• Section 13:9-17 - Right Of Trespass To Extinguish Wildfire; Right Of Entry To Inspect
  No action for trespass shall lie against any person crossing or working upon lands of another to extinguish wildfire. Any duly authorized employee of...
• Section 13:9-19 - Burning Waste, Vegetation Or Other Materials; Permits
  In any district for which firewardens have been appointed under the provisions of this chapter, no person shall set fire to or cause to...
• Section 13:9-20 - Burning Forest; Permit; Back Fires; Liability; Recreational Or Permitted Fire; Precautions
  No person shall, unless granted a permit by the department, set fire to or burn, or cause to be burned, any forest, but nothing...
• Section 13:9-21 - Duty To Extinguish Fires And Notify Firewarden
  In any district in which a fire service is established, any person finding a wildfire burning in a forest or where the forest is...
• Section 13:9-22 - Theft, Mutilation Or Destruction Of Property, Equipment Or Posted Notices
  No person shall willfully or maliciously steal, mutilate, tear down or destroy any forest fire service property, equipment or any notice concerning forest fires,...
• Section 13:9-23 - Accumulations In Forests As Extraordinary Fire Hazard And Public Nuisance
  The owner or lessee of any forest, any contractor or employee with authority of the owner of, or any person doing public work in...
• Section 13:9-24 - Removal Of Fire Hazard And Nuisance; Penalty
  On the complaint of a firewarden or any citizen, the department shall cause an investigation to be made of the alleged nuisance mentioned in...
• Section 13:9-25 - Compliance With Chapter; Civil Liability For Damages
  Compliance with the provisions of this chapter shall not bar any action for damages for which any person or corporation would otherwise be liable;...
• Section 13:9-28 - Penalties; Payment And Disposition
  All payments on account of penalties under this chapter shall be made to the Department of Environmental Protection for the support of the fire...
• Section 13:9-29 - Arrests Without Warrant
  Any firewarden may arrest, without warrant, any person whom he has probable cause to believe is committing a violation of this act. Amended by...
• Section 13:9-44.1 - Short Title
  Sections 1 through 10 inclusive of this act shall be cited and may be known as the "Forest Fire Prevention and Control Act." L.1981,...
• Section 13:9-44.2 - Legislative Declarations
  The Legislature declares it to be the policy of this State to prevent, control and manage wildfires on or threatening the forests or wildlands...
• Section 13:9-44.3 - Definitions
  As used in this amendatory and supplementary act: a. "Commissioner" means the Commissioner of Environmental Protection or an official designated by the commissioner. b....
• Section 13:9-44.4 - Authority To Make, Conduct Or Participate In Investigation Of Cause Or Responsibility For Wildfire; Cooperation
  The Department of Environmental Protection is authorized to make, conduct or participate in any investigation or survey designed to establish the cause of and...
• Section 13:9-44.5 - Rules And Regulations; Orders
  The Department of Environmental Protection is authorized to formulate, promulgate, amend, and repeal rules and regulations and to issue orders to carry out the...
• Section 13:9-44.6 - Discharge Of Incendiary Device, Operation Of Mechanism Which Might Cause Wildfire Or Machinery Without Spark Arrestor; Precautions; Presumption On Escape Of Fire
  No person shall discharge or cause to be discharged any incendiary device on or across any forest land, or operate a welding torch or...
• Section 13:9-44.7 - Throwing Or Dropping Object Within Forest Likely To Cause Wildfire
  No person shall throw or drop any object within forests which is likely to cause a wildfire, including but not limited to a lighted...
• Section 13:9-44.8 - Rights-of-way Of Railroads; Burning And Clearance; Failure To Comply; Notice; Declaration As Public Nuisance
  The rights-of-way of all railroads which are operated through forests shall be prescribed burned by the railroad during the fall and winter months and...
• Section 13:9-44.9 - Costs Of Extinguishment; Recovery; Action
  The department may, in the name of the State, recover costs of extinguishment and costs associated therewith from any person or agency, public or...
• Section 13:9-44.10 - Penalties; Enforcement
  10. If any person violates any of the provisions of this act or any rule, regulation or order promulgated pursuant to provisions of this...
• Section 13:9-52 - Drought; Closing Of Forests And Suspension Or Curtailment Of Open Seasons For Game And Fish; Proclamation Of Commissioner
  Notwithstanding the provisions of any other law to the contrary: Whenever, by reason of drought, the forests of the State are in danger of...
• Section 13:9a-1 - Legislative Intent; Inventory And Mapping Of Tidal Wetlands; Filing In Office Of County Recording Officer
  a. The Legislature hereby finds and declares that one of the most vital and productive areas of our natural world is the so-called "estuarine...
• Section 13:9a-2 - Authority Of Commissioner To Adopt, Modify Or Repeal Orders Regulating, Altering Or Polluting Coastal Wetlands; Coastal Wetlands Defined
  The Commissioner may from time to time, for the purpose of promoting the public safety, health and welfare, and protecting public and private property,...
• Section 13:9a-3 - Public Hearing; Notice To Owner; Recordation Of Orders
  The commissioner shall, before adopting, amending, modifying or repealing any such order, hold a public hearing thereon in the county in which the coastal...
• Section 13:9a-4 - Regulated Activity; Necessity Of Permit To Conduct; Application; Notice; Determination Of Issuance
  a. For purposes of this section "regulated activity" includes but is not limited to draining, dredging, excavation or removal of soil, mud, sand, gravel,...
• Section 13:9a-5 - Jurisdiction Of Violations
  The Superior Court shall have jurisdiction to restrain violations of orders issued pursuant to this act. L.1970, c. 272, s. 5, eff. Nov. 5,
• Section 13:9a-6 - Complaint By Landowner Affected By Order; Recordation Of Finding
  Any person having a recorded interest in land affected by any such order or permit, may, within 90 days after receiving notice thereof, file...
• Section 13:9a-7 - Application Of Act On Powers And Duties Of Certain State Departments Or Agencies
  No action by the commissioner under this act shall prohibit, restrict or impair the exercise or performance of the powers and duties conferred or...
• Section 13:9a-8 - Application Of Act To Riparian Lands
  Nothing in this act or any permit issued hereunder shall affect the rights of the State in, or the obligations of a riparian owner...
• Section 13:9a-9 - Violations; Penalties.
  9. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any provision of P.L.1970, c.272,...
• Section 13:9a-10 - Short Title
  This act may be cited as "The Wetlands Act of 1970." L.1970, c. 272, s. 10, eff. Nov. 5, 1970.
• Section 13:9b-1 - Short Title
  This act shall be known and may be cited as the "Freshwater Wetlands Protection Act." L. 1987, c. 156, s. 1.
• Section 13:9b-2 - Findings, Declarations
  The Legislature finds and declares that freshwater wetlands protect and preserve drinking water supplies by serving to purify surface water and groundwater resources; that...
• Section 13:9b-3 - Definitions
  As used in this act: "Bank" means the Wetlands Mitigation Bank established pursuant to section 14 of this act; "Commissioner" means the Commissioner of...
• Section 13:9b-4 - Exemptions From Permit, Transition Area Requirements.
  4.The following are exempt from the requirement of a freshwater wetlands permit and transition area requirements unless the United States Environmental Protection Agency's regulations...
• Section 13:9b-5 - Permit Process
  a. The department shall consolidate the processing of wetlands related aspects of other regulatory programs which affect activities in freshwater wetlands, including, but not...
• Section 13:9b-5.1 - Regulation Of Freshwater Wetlands Area.
  38.Notwithstanding the provisions of P.L.1987, c.156 (C.13:9B-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, major Highlands development as...
• Section 13:9b-6 - Meadowlands, Pinelands Exemptions
  a. Activities in areas under the jurisdiction of the Hackensack Meadowlands Development Commission pursuant to P.L. 1968, c. 404 (C. 13:17-1 et seq.) shall...
• Section 13:9b-7 - Classification System
  The department shall develop a system for the classification of freshwater wetlands based upon criteria which distinguish among wetlands of exceptional resource value, intermediate...
• Section 13:9b-8 - Letter Of Interpretation
  a. A person proposing to engage in a regulated activity in a freshwater wetland or in an activity which requires a transition area waiver...
• Section 13:9b-9 - Permit Application; Conditions For Issuance
  a. A person proposing to engage in a regulated activity shall apply to the department for a freshwater wetlands permit, for a fee not...
• Section 13:9b-10 - Rebuttable Presumption
  a. It shall be a rebuttable presumption that there is a practicable alternative to any nonwater-dependent regulated activity that does not involve a freshwater...
• Section 13:9b-11 - Determination Of Public Interest
  In determining whether a proposed regulated activity in any freshwater wetland is in the public interest, the department shall consider the following: a. the...
• Section 13:9b-12 - Accessibility To Approved Site
  If a freshwater wetlands permit is approved and issued pursuant to the provisions of this act the department shall waive or modify the requirement...
• Section 13:9b-13 - Mitigation Of Adverse Environmental Impacts
  13. a. The department shall require as a condition of a freshwater wetlands permit that all appropriate measures have been carried out to mitigate...
• Section 13:9b-13.1 - Permit Not Required For Certain Restoration Work On Manmade Drainage Ditch.
  35.Notwithstanding any rules or regulations to the contrary, no permit shall be required of a county or municipality by the Department of Environmental Protection...
• Section 13:9b-14 - Wetlands Mitigation Bank; Council Membership
  a. There is established in the Executive Branch of State Government the Wetlands Mitigation Bank. For the purpose of complying with Article V, section...
• Section 13:9b-15 - Powers Of Wetlands Mitigation Council
  15. a. The Wetlands Mitigation Council shall be responsible for disbursements of funds from the bank to finance mitigation projects. The council shall have...
• Section 13:9b-16 - Transition Areas
  a. There shall be transition areas adjacent only to freshwater wetlands of exceptional resource value and of intermediate resource value. A transition area shall...
• Section 13:9b-17 - Prohibited Activities
  a. The following activities, except for normal property maintenance or minor and temporary disturbances of the transition area resulting from, and necessary for, normal...
• Section 13:9b-18 - Transition Area Waivers
  a. The department shall grant a transition area waiver reducing the size of a transition area to not less than the minimum distance established...
• Section 13:9b-19 - Consideration For Tax Purposes
  If the department denies an application for a freshwater wetlands permit, the owner of record of the property affected may request, and the local...
• Section 13:9b-20 - Administrative Hearing
  An applicant for a freshwater wetlands permit issued pursuant to this act may request the commissioner for an administrative hearing on any decision to...
• Section 13:9b-21 - Remedies For Violations.
  21. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any provision of P.L.1987, c.156,...
• Section 13:9b-22 - Taking Without Just Compensation
  a. Any person having a recorded interest in land affected by a freshwater wetlands permit issued, modified or denied pursuant to the provision of...
• Section 13:9b-23 - General Permits
  23. a. The department shall consider for adoption as general permits, to the extent practicable and feasible, and to the extent that this adoption...
• Section 13:9b-24 - Temporary Emergency Permit
  a. Notwithstanding the provisions of this or any other act to the contrary, the department may issue a temporary emergency freshwater wetlands permit for...
• Section 13:9b-25 - Rules, Regulations
  a. Within 10 months of the enactment of this act, and after a 60 day comment period, the department shall adopt, pursuant to the...
• Section 13:9b-26 - Distribution Of National Wetlands Inventory Maps
  The department shall, within 180 days of enactment of this act, forward to the clerk of each municipality copies of the appropriate National Wetlands...
• Section 13:9b-27 - Assumption Of Permit Jurisdiction
  a. The department and the Attorney General shall take all appropriate action to secure the assumption of the permit jurisdiction exercised by the United...
• Section 13:9b-28 - Public Education Program
  The department shall, within one year of the effective date of this act, conduct a public education program on the provisions of this act...
• Section 13:9b-29 - Report
  The department shall, within two years of the effective date of this act, prepare and submit a report to the Governor, the President of...
• Section 13:9b-30 - Local Regulation Preempted
  It is the intent of the Legislature that the program established by this act for the regulation of freshwater wetlands constitute the only program...
• Section 13:9c-1 - Definitions
  1. As used in this act: "Council" means the Wetlands Mitigation Council established pursuant to section 14 of P.L.1987, c.156 (C.13:9B-14). "Department" means the...
• Section 13:9c-2 - Responsibilities Of The Department, Council
  2. a. The Department of Environmental Protection, in addition to its responsibilities under P.L.1987, c.156 (C.13:9B-1 et al.) and P.L.1970, c.272 (C.13:9A-1 et seq.),...
• Section 13:9c-3 - Identification, Inventory Of Areas Suitable For Use In County
  3. a. The governing body of a county may, in consultation with the municipalities within its territorial jurisdiction, identify and inventory areas within the...
• Section 13:9c-4 - Nonapplicability Of Act
  4. a. Nothing in this act shall be construed to discourage or prevent the creation, enhancement, or restoration of wetlands on the site of...
• Section 13:10-1 - Geological Survey Part Of Department Of Conservation And Development
  The board of conservation and development, hereinafter designated as the board, shall have the control, direction and supervision of the state geological survey, with...
• Section 13:10-2 - State Geologist; Appointment; Term
  The board, subject to the approval of the governor, shall appoint a state geologist, who shall be a resident of this state and a...
• Section 13:10-5 - Reports Of State Geologist; Printing, Distribution And Sale
  The state geologist shall make to the governor an annual administrative report of the operation of the geological survey; and he shall, from time...
• Section 13:11a-1 - Definitions Relative To Maritime History, Marine Life Preservation Projects
  2. As used in this act: "Accounts" means the "Barnegat Bay Decoy and Baymen's Museum Account" and the "Maritime History and Marine Life Preservation...
• Section 13:11a-2 - Criteria For Selection Of Maritime History, Marine Life Preservation Projects, Grants
  4. a. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish the criteria and process for selection of...
• Section 13:11a-3 - Creation Of "Barnegat Bay Decoy And Baymen's Museum Account," "Maritime History And Marine Life Preservation Project Account"
  6. a. There are created in the Department of Environmental Protection two special non-lapsing accounts to be known as the "Barnegat Bay Decoy and...
• Section 13:11a-4 - Recommendation For Appropriation; Purposes
  8. a. The Governor shall include in the annual budget recommendations to the Legislature, pursuant to section 11 of P.L.1944, c.112 (C.52:27B-20), a recommendation...
• Section 13:11a-5 - Interagency Memorandum Of Agreement
  10. The commissioner, the director, and the State Treasurer shall develop and enter into an interagency memorandum of agreement setting forth the procedures to...
• Section 13:12-1 - Corporate Existence Of Canal And Banking Company Continued
  The corporate existence of the Morris Canal and Banking Company, chartered by the act entitled "An act to incorporate a company to form an...
• Section 13:12-2 - "Morris Canal" Defined
  The term "Morris canal" as used in this chapter, and hereinafter designated as the "canal" , means and includes all of the property, lands,...
• Section 13:12-3 - Title To Property Vested In Canal And Banking Company In Trust For State
  The title to all the property and property rights acquired or to be acquired by the state of New Jersey, under and by virtue...
• Section 13:12-4 - Rights In Certain Lakes, Etc., Vested In Canal And Banking Company In Trust For Certain Purposes
  The rights vested in the Canal and Banking Company to impound and divert waters of lakes, ponds and streams, and the property and rights...
• Section 13:12-5 - Use Of Lake Hopatcong For Boating, Etc.; Maintenance Of Water Level
  The waters of Lake Hopatcong may be used as an aquatic public park, for boating, bathing, fishing and winter sports, and the lake level...
• Section 13:12-6 - Title To Shares Of Stock Of Canal And Banking Company Transferred To Department In Trust
  The title to the shares of capital stock of the canal and banking company acquired or to be acquired by the State of New...
• Section 13:12-7 - Management And Control Of Property By Canal And Banking Company
  Pending the sale of the property authorized or directed by the provisions of this chapter to be sold, such property shall continue to be...
• Section 13:12-8 - Board Of Directors Of Canal And Banking Company; Voting Capital Stock
  The board of directors of the canal and banking company shall consist of three members, two of whom shall constitute a quorum. The members...
• Section 13:12-9 - General Powers Of Board Of Directors
  The directors elected pursuant to section 13:12-8 of this title shall manage the affairs of the canal and banking company, and shall be fully...
• Section 13:12-10 - Grants To Municipalities To Lay And Maintain Sewer Pipes Under And Along Canal Right Of Way
  The board of directors of the canal and banking company shall have power to grant to any municipality or municipalities the right and easement...
• Section 13:12-11 - Sale Of Canal Property For Railroad Purposes
  L.1924, c. 218, p. 482 (1924 suppl. s. 170-144m), entitled "An act to authorize the sale of lands of the Morris Canal and Banking...
• Section 13:12-12 - Construction Of Electric Railways On Canal Lands Acquired By Municipalities
  L.1925, c. 75, p. 248, entitled "An act to authorize any municipality through which the Morris canal passes to construct an electric railway upon...
• Section 13:12-13 - Abandoned Portions Of Canal Property Dedicated As Public Highways
  Upon the discontinuance by the canal and banking company of the use as a means of transportation by water of that portion of the...
• Section 13:12-14 - Diversion Of Waters For Municipal Purposes
  The canal and banking company is hereby authorized to consent, under restrictions which shall not impair any existing rights, and for a consideration in...
• Section 13:12-15 - Sale Of Canal Property In Counties To Such Counties For Road Purposes
  The canal and banking company is hereby authorized and directed to sell any and all of the property the title to which is vested...
• Section 13:12-16 - Sale Of Canal Property In Municipalities To Such Municipalities Or Port Of New York Authority
  The canal and banking company is hereby authorized to transfer to the respective municipalities through which the canal passes the portions of the canal...
• Section 13:12-17 - Sale Of Canal Property Outside Municipalities To Municipalities; Public Sale
  If any municipality mentioned in section 13:12-16 of this title shall fail to accept the terms and compensation for any such property fixed by...
• Section 13:12-17.1 - Sale By Municipalities Of Canal Property Acquired From Morris Canal And Banking Company
  When any municipality to which canal property has been conveyed pursuant to chapter 229 of the laws of 1924 or chapter 12 of Title...
• Section 13:12-18 - Leases; Termination
  The canal and banking company is hereby authorized to let part or parts of the property and property rights, the title to which is...
• Section 13:12-19 - Removal Of Bridges, Etc.
  The canal and banking company is hereby authorized and directed, as soon as the water shall have been drained off from the canal under...
• Section 13:12-20 - Repair, Etc., Of Dams, Sluice Gates, Etc.
  The canal and banking company is authorized and directed to repair and make safe the dams and sluice gates at the lakes and ponds...
• Section 13:12-21 - Crossings In Municipalities
  If the authorities in charge of any street, highway or road, on which there is a bridge or crossing to be removed by the...
• Section 13:12-22 - Legal And Administrative Help, Etc.; Agreements With Independent Contractors
  The canal and banking company is hereby authorized to procure and employ such legal and technical aid and to employ such administrative officers, clerical...
• Section 13:12-23 - Canal And Banking Company Acting Through Officers Thereof; Execution Of Contracts, Conveyances, Etc.
  The board of directors of the canal and banking company are hereby authorized and directed in behalf of the canal and banking company to...
• Section 13:12-24 - Contracts, Conveyances, Etc., Approved By Attorney General
  All contracts, instruments of conveyance, consents, leases or other documents mentioned in section 13:12-23 of this title shall be approved as to form by...
• Section 13:12-25 - Title Conveyed By Deeds Of Canal And Banking Company
  Any instrument of conveyance executed by the canal and banking company pursuant to any of the provisions of this chapter shall operate to convey...
• Section 13:12-26 - Release Of Lien Of Bonds On Sale Of Property
  The board of conservation and development, in whom is vested the title to the bonds issued by the canal and banking company, shall, upon...
• Section 13:12-27 - Receipts From Sales Or Rentals Of Property; Payment Into State Treasury
  The canal and banking company, by its general manager or by any officer thereunto duly authorized by its board of directors, shall be entitled...
• Section 13:12-28 - Canal Fund
  The money heretofore paid or to be paid to the state of New Jersey by the Lehigh Valley Railroad Company by the terms of...
• Section 13:12-29 - Injuries To Or Destruction Of Canal Property; Forfeiture; Recovery
  If any person shall, in any manner, willfully or maliciously, destroy, injure or damage any of the property of the Morris canal, the title...
• Section 13:13-1 - Title To Canal Vested In State
  Pursuant to the rights reserved by it in and by virtue of an act entitled "An act to incorporate the Delaware and Raritan Canal...
• Section 13:13-2 - Custody Of Canal And Feeder Vested In Department Of Conservation And Development
  The department of conservation and development is empowered and directed to enter upon and take possession of the canal and feeder mentioned in section...
• Section 13:13-3 - Repair And Preservation Of Canal And Feeder And Banks Thereof
  13:13-3. The canal and feeder shall continue to be a public highway, and, until the legislature shall have further directed the use or disposition...
• Section 13:13-3.1 - Department Of Transportation, Control And Responsibility For Bridge Maintenance; Commissioner May Close Public Access
  4. The provisions of any law, rule, or regulation to the contrary notwithstanding, and until further direction from the Legislature, the Department of Transportation...
• Section 13:13-3.2 - Department Of Transportation, Consult Prior To Bridge Repair; Responsibility For Bridge Design
  5. The Department of Transportation shall consult with the Department of Environmental Protection and the Delaware and Raritan Canal Commission, not less than 30...
• Section 13:13-3.3 - Right-of-way Permission Provided
  6. Each person, agency of the State or instrumentality thereof owning or controlling a right-of-way shall provide permission for the use of and sufficient...
• Section 13:13-3.4 - Rules, Regulations
  7. The Commissioner of Transportation shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) adopt the rules and regulations necessary to...
• Section 13:13-4 - Sale Of Water; Rental Or Use Of Property
  The department of conservation and development is empowered to sell water from the canal for industrial or potable purposes, and rent or, in its...
• Section 13:13-5 - Maintenance Deficit
  The deficit, if any, arising from the maintenance of the canal, after deducting the income derived therefrom in the manner provided in section 13:13-4...
• Section 13:13-6 - Operation Of Canal; Charges For Use
  The department of conservation and development may, but, by this chapter, shall not be required to, operate the canal and the locks thereof, and,...
• Section 13:13-7 - Quitclaim Deeds To Canal And Feeder
  The department of conservation and development, if it deems it necessary and advisable so to do, is empowered and directed to accept a quitclaim...
• Section 13:13-8 - Lease Of Buildings
  The department of conservation and development is empowered to lease any buildings acquired by the state under the provisions of this chapter, which buildings...
• Section 13:13-9 - Fixing Boundaries Of Canal
  In addition to the powers conferred by the other provisions of this chapter the department of conservation and development shall have power to agree...
• Section 13:13-10 - Grants Of Easements Along Or Across Canal; Sale Of Canal Lands Not Needed
  The department of conservation and development shall have power: a. To grant to any public utility the right to cross the lands of the...
• Section 13:13-11 - Transfer Of Portion Of Canal Property To City Of Trenton For Highway Purposes
  The department of conservation and development is authorized and directed to transfer and convey to the city of Trenton, New Jersey, for highway purposes...
• Section 13:13-12 - Filling In Of Canal
  The department of conservation and development is authorized, by agreement either with the city of Trenton, or with any Federal agency, or with the...
• Section 13:13-12.1 - Canal To Be Used For Industrial Water Supply And For Recreational Purposes
  The Delaware and Raritan canal and the feeder thereof and the appendages thereto and the works and improvements erected thereon, except the properties and...
• Section 13:13-12.2 - Department To Retain Possession Of Canal
  The Department of Conservation and Development shall continue to retain possession of said canal and shall hold the same for the purposes of this...
• Section 13:13-12.3 - Department To Maintain Canal And Flow
  Until otherwise directed by the Legislature, the Department of Conservation and Development shall repair, rehabilitate, reconstruct, maintain and improve the said canal in such...
• Section 13:13-12.4 - Department May Sell Water; Long Term Contracts
  The Department of Conservation and Development shall be empowered to sell, for industrial purposes, water from said canal, on just and reasonable terms and...
• Section 13:13-12.5 - Contracts For Sale Of Water; Duration; Repair And Reconstruction
  Without limiting the powers herein granted to the Department of Conservation and Development it may, if it deems proper, enter into contracts for the...
• Section 13:13-12.6 - Lease Of Canal Lands
  The Department of Conservation and Development is empowered to lease or, in its discretion, use as residence for its employees connected with the maintenance...
• Section 13:13-12.7 - Park And Recreational Uses
  The Department of Conservation and Development shall, in addition, improve such portion of said canal and its appurtenances as it may deem proper to...
• Section 13:13-12.8 - Bridges; Possession By Department Of Transportation
  8. The provisions of any law, rule, or regulation to the contrary notwithstanding, and until further direction from the Legislature, the Department of Transportation...
• Section 13:13-12.9 - Sale Of Water At Wholesale
  The Division of Water Policy and Supply of the Department of Conservation and Economic Development shall be empowered to sell water from the Delaware...
• Section 13:13-12.9a - Notice Of Hearing
  The Division of Water Policy and Supply of the Department of Conservation and Economic Development shall cause a notice of every public hearing required...
• Section 13:13-12.10 - Long Term Contracts
  The Division of Water Policy and Supply shall be empowered to enter into long term contracts, but not exceeding twenty-five years, for the sale...
• Section 13:13-12.11 - Expense Of Hearing
  The expense of any hearing on application to purchase canal water shall be certified by the division to the applicant, who shall pay the...
• Section 13:13-12.12 - Repeal Of Inconsistent Acts
  The provisions of any other act or acts inconsistent with the provisions of this act are hereby repealed. L.1949, c. 168, p. 556, s.
• Section 13:13a-1 - Short Title
  This act shall be known and may be cited as the "Delaware and Raritan Canal State Park Law of 1974." L.1974, c. 118, s....
• Section 13:13a-2 - Legislative Findings And Declarations
  The Legislature finds and declares that: a. The Delaware and Raritan Canal is a vital source of water supply and is of historic, ecological,...
• Section 13:13a-3 - Definitions
  As used in this act: a. "Department" means the Department of Environmental Protection. b. "Park" means the Delaware and Raritan Canal Park as determined...
• Section 13:13a-4 - Designation; Maintenance And Operation
  The Delaware and Raritan Canal and the lands along the canal banks, now or hereafter owned by the State, except that portion of the...
• Section 13:13a-5 - Preservation, Maintenance, Development And Improvement Of Park; Approval Of Plans By Commission; Alteration Of Facilities; Approval
  a. The department shall, as funds for these purposes are made available from time to time, take such measures as may be necessary to...
• Section 13:13a-6 - Selection Of Land Sites For Acquisition
  a. The department shall, within 1 month after this act takes effect, proceed to locate, survey and select critical land sites, and within 1...
• Section 13:13a-7 - Entry On Lands, Waters Or Premises
  In addition to the foregoing powers, the commissioner and his authorized agents and employees may enter upon any lands, waters, and premises for the...
• Section 13:13a-8 - Acquisition Of Lands By Gift, Devise, Purchase Or Eminent Domain; Authorization
  The department shall have power to take title, in fee or otherwise, by gift or devise, and, if funds are made available for these...
• Section 13:13a-9 - Hiring Or Leasing Lands To Private Enterprises
  The department, to effectuate the general purpose of this act, shall with the approval of the commission, have power to hire, rent or lease...
• Section 13:13a-10 - Rules And Regulations; Powers Of Employees As Peace Officers
  The department shall, with the approval of the commission, have power to make such rules and regulations for the use and protection of the...
• Section 13:13a-11 - Delaware And Raritan Canal Commission
  a. There is hereby established in the Department of Environmental Protection a Delaware and Raritan Canal Commission which shall consist of nine members appointed...
• Section 13:13a-12 - Powers.
  12.The commission shall have the following powers: a.To adopt and from time to time amend and repeal suitable bylaws for the management of its...
• Section 13:13a-13 - Master Plan For Physical Development Of Park; Review Of State Projects, Permits.
  13. a. The commission shall prepare, or cause to be prepared, and, after a public hearing, or public hearings, and pursuant to the provisions...
• Section 13:13a-14 - Review Zone Designated.
  14. a. The commission shall determine, after a public hearing, or public hearings held in Hunterdon, Somerset, Mercer, and Middlesex counties respectively, the extent...
• Section 13:13a-15 - Annual Audit Of Accounts; Employment Of Accountant
  The commission shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered municipal accountant...
• Section 13:15a-15 - Funds Transferred To Home Port Alliance And Foundation.
  5.All funds of the U.S.S. New Jersey Battleship Commission, established pursuant to P.L.1979, c. 440 (C.13:15A-1 et seq.) are transferred to the Home Port...
• Section 13:15b-1 - Historic New Bridge Landing Park Commission Created; Membership; Master Plan; Annual Report.
  1. a. The Historic New Bridge Landing Park Commission, a body corporate and politic with corporate succession, is created in the Department of Environmental...
• Section 13:15b-2 - Objectives, Jurisdiction Of Commission.
  2. a. The Historic New Bridge Landing Park Commission shall coordinate and implement federal, State, county, municipal, and private development policies and other activities...
• Section 13:15b-3 - Powers Of Commission.
  3.The Historic New Bridge Landing Park Commission shall have the following powers: a.To sue and be sued in its own name, but the members...
• Section 13:15b-4 - Specific Powers Of Commission.
  4. a. The Historic New Bridge Landing Park Commission has the specific power to contract for the construction, reconstruction, restoration, or maintenance of all...
• Section 13:15b-5 - Master Plan For Physical Development Of Historic New Bridge Landing State Park.
  4. a. The Historic New Bridge Landing Park Commission shall prepare, or cause to be prepared, and, after a public hearing, or public hearings,...
• Section 13:16-1 - Short Title
  This act may be cited as the "State Economic Development Assistance Act of 1966." L.1966, c. 130, s. 1, eff. June 17, 1966.
• Section 13:16-2 - Legislative Findings
  The Legislature hereby finds that: a. The maintenance of the State economy at a high level is vital to the public interest and in...
• Section 13:16-3 - Meaning Of Terms
  The following terms whenever used or referred to in this act have the following meanings, except where the context clearly indicates otherwise: (a) "Commissioner"...
• Section 13:16-4 - Application For Grant; Determination Of Eligibility
  Any nonprofit corporation, organization or association which is engaged in economic development programs to expand, locate or relocate industry and improve commerce or trade...
• Section 13:16-5 - Designation Of Agency To Apply For And Receive Grants
  Any county, municipality, other governmental agency or a combination thereof may by resolution designate itself or an agency or agencies to apply for and...
• Section 13:16-6 - Recognition Of Economic Development Agencies
  The commissioner upon receipt of certified copies of such resolutions or other documentation as may be necessary to satisfy him that an economic development...
• Section 13:16-7 - Applications For And Approval Of Grants To Economic Development Agencies
  The commissioner is hereby authorized to make grants to recognized economic development agencies, to assist such agencies in the financing of their operational costs...
• Section 13:16-8 - Payment Of Grants To Economic Development Agencies
  Upon approval of each application and the making of a grant by the commissioner in accordance therewith, the commissioner shall give notice to the...
• Section 13:16-9 - Rules And Regulations Of The Department
  In order to effectuate and enforce the provisions of this act, the commissioner is authorized to promulgate necessary rules and regulations and prescribe procedures...
• Section 13:16-10 - Criteria For Eligibility
  (a) Criteria for eligibility shall in the case of tourist-vacation trade agencies include requirements for the accumulation of accurate reporting media dealing with total...
• Section 13:16-11 - Co-operation With Other Agencies
  The commissioner is directed to administer this development assistance program with such flexibility as to permit full co-operation between the State and Federal Governments,...
• Section 13:16-12 - Criteria For Division Of Programmed And Recognized Expenditures
  The criteria for the division of programmed and recognized expenditures under the provisions of this act shall be on the basis that, as against...
• Section 13:16-13 - Application For Loan; Additional Information
  Any person or corporation considering locating an industrial or business concern in the State and desiring a State loan for the purpose of surveying...
• Section 13:16-14 - Authority To Enter Into Contract With Applicant
  The commissioner, if after reviewing the application and the material attached thereto, is satisfied that: (a) The proposed plans of the applicant, if executed,...
• Section 13:16-15 - Contract Provisions
  Any contract entered into pursuant to the provisions of this act shall provide that: (a) The State will pay a certain percentage fixed by...
• Section 13:16-16 - Rules And Regulations
  The commissioner shall have the power to make, promulgate, modify, amend and repeal rules and regulations to effectuate his powers and duties under this...
• Section 13:16-17 - Partial Invalidity
  If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent jurisdiction to be invalid such...
• Section 13:16-18 - Appropriation Of Funds
  The funds necessary to accomplish the provisions of this act shall be appropriated from the General Treasury to the department for the purposes of...
• Section 13:17-1 - Declaration Of Purpose
  It is hereby declared that there are approximately 21,000 acres of salt water swamps, meadows and marshes which are commonly known as meadowlands, in...
• Section 13:17-2 - Short Title
  Sections 1 through 84, inclusive, of this act shall be known and may be cited as the "Hackensack Meadowlands Reclamation and Development Act." L.1968,...
• Section 13:17-3 - Definitions
  3.As used in this act, the following words and terms shall have the following meanings, unless the context indicates or requires another or different...
• Section 13:17-3.1 - References To Hmdc Deemed To Be New Jersey Meadowlands Commission
  2.On and after the effective date of this act, any reference in any law, rule, regulation, order, contract or document to the "Hackensack Meadowlands...
• Section 13:17-4 - Boundaries
  (a) Except as otherwise provided, the commission shall be authorized to carry out the purposes of this act within the following district: All that...
• Section 13:17-5 - Establishment And Organization
  (a) There is hereby established in, but not of, the Department of Community Affairs a public body corporate and politic, with corporate succession, to...
• Section 13:17-6 - Powers
  The commission shall have perpetual succession and shall have the following powers: (a) To adopt and from time to time amend and repeal suitable...
• Section 13:17-6.1 - Purchases, Contracts, Or Agreements Over Threshold Amount; Public Bids.
  6. a. All purchases, contracts, or agreements where the cost or contract price exceeds the sum of $25,000 or, after the effective date of...
• Section 13:17-6.2 - Consultation With Governing Body
  1. Whenever the commission prepares plans for the development, improvement, redevelopment or rezoning of, or for the construction or reconstruction of buildings or structures...
• Section 13:17-7 - Establishment And Organization
  (a) There is hereby established a Hackensack Meadowlands Municipal Committee, the membership of which shall consist of the mayor or elected chief executive, or...
• Section 13:17-8 - Powers
  (a) The commission shall submit to the committee for review, prior to final action thereon, codes and standards formulated by the commission, the district...
• Section 13:17-9 - Master Plan; Preparation And Adoption; Contents; Amendments; Considerations; Consultations With State And Federal Agencies
  (a) The commission shall prepare, or cause to be prepared, and, after public hearing and pursuant to the procedures hereinafter provided, shall adopt a...
• Section 13:17-10 - Survey Of District; Provision Of Solid Waste Disposal Facilities
  (a) Within 6 months of the effective date of this act the commission shall undertake and complete a survey of the district to determine...
• Section 13:17-10.1 - Surplus Moneys From Operation Of Solid Waste Disposal Facilities; Disposition
  In the event that surplus moneys become available from the operation of solid waste disposal facilities by the Hackensack Commission, which are not required...
• Section 13:17-11 - Provisions Of Master Plan For Location And Use Of Buildings, Structures And Facilities; Land Use; Codes And Standards
  (a) The master plan shall include provisions or criteria for the location and use of buildings, structures, facilities, and land for solid waste disposal,...
• Section 13:17-12 - Construction And Alteration Of Buildings Or Structures; Necessity Of Permit; Referral Of Action Involving Specific Projects To Commission
  (a) No building or structure may be constructed or altered within the area shown on the master plan unless the commission shall first issue...
• Section 13:17-13 - Subdivisions And Land Development; Review And Regulation By Commission; Standards
  The commission shall review and regulate subdivisions and land development within the district, in accordance with procedures and engineering and planning standards adopted by...
• Section 13:17-14 - Application For Subdivision, Site Plan Or Building Permit; Review And Approval
  (a) Each application for a subdivision, site plan or building permit shall be submitted to the commission for review and, where required, approval prior...
• Section 13:17-14.1 - Development Application
  2. Whenever the commission receives an application for the development, improvement or redevelopment of, or for the construction or reconstruction of buildings or structures...
• Section 13:17-15 - Filing Of Subdivision Plats; Necessity Of Certification By Commission
  The county clerk or registrar of deeds and mortgages shall not accept for filing any subdivision plat for lands in the district unless it...
• Section 13:17-16 - Notice Of Hearing By Constituent Municipality Or Affected County; Contents; Commission As Party In Interest
  (a) Whenever a hearing upon notice is required in any constituent municipality or affected county with respect to the adoption or amendment of a...
• Section 13:17-17 - Project Sites; Suitability Of Locations And Sizes; Reservation; Grant Of Building Permits
  (a) If portions of the master plan contain proposals for drainage rights-of-way, roads or streets, schools, colleges, parks, playgrounds, or for any project as...
• Section 13:17-18 - Waiver Of Strict Compliance With Standards; Exemption Of Certain Subdivisions From Regulations
  Provision may be made by the commission for the waiver, according to definite criteria, of strict compliance with the standards promulgated, where necessary to...
• Section 13:17-19 - Penalties For Failure To Obtain Approval
  (a) If any person transfers, sells, or rents to another, or agrees to transfer, sell or rent to another any land or building or...
• Section 13:17-20 - Declaration Of District As Renewal Area; Necessary Findings; Investigation; Notice And Hearing; Review By Court; Acquisition Of Land; Development
  (a) Pursuant to the procedure hereinafter provided, the commission shall have the exclusive power to declare the district or any portion thereof to be...
• Section 13:17-21 - Redevelopment Plans For Renewal Areas; Authority Of Commission In Undertaking Projects
  (a) The commission is authorized to prepare and adopt redevelopment plans for areas in the district determined by the commission to be renewal areas;...
• Section 13:17-22 - Required Provisions In Agreements, Leases, Deeds Or Other Instruments From Or Between Commission And To Or With A Redeveloper
  All agreements, leases, deeds and other instruments from or between the commission and to or with a redeveloper shall contain, without being limited to,...
• Section 13:17-23 - Issuance And Renewal Of Negotiable Bonds And Notes; Contents Of Bond Resolution; Payment
  The commission is authorized from time to time to issue its negotiable bonds and notes for any corporate purpose and to renew from time...
• Section 13:17-24 - Issuance And Renewal Of Negotiable Bond Anticipation Notes; Payment; Provisions, Conditions And Limitations
  (a) In anticipation of the sale of such bonds the commission may issue negotiable bond anticipation notes and may renew the same from time...
• Section 13:17-25 - Trust Agreement To Secure Bonds; Pledge Or Assignment Of Revenues; Provisions; Lien Of Pledge
  (a) In the discretion of the commission, any bonds issued under the provisions of this act may be secured by a trust agreement by...
• Section 13:17-26 - Bonds And Notes Not Deemed Debt Or Liability Of State Or Political Subdivision
  Except as otherwise provided by or pursuant to Section II of Article VIII of the State Constitution and approved by a majority of the...
• Section 13:17-27 - Agreement By State With Holders Of Bonds Or Notes
  The State does pledge to and agree with the holders of the bonds or notes issued pursuant to the provisions of this act that...
• Section 13:17-28 - Exemption Of Bonds And Notes From Taxation
  All bonds or notes issued by the commission pursuant to this act are hereby declared to be issued by a political subdivision of this...
• Section 13:17-29 - Moneys Received Pursuant To Act As Trust Funds
  All moneys received pursuant to the authority of this act whether as proceeds from the sale of bonds or as revenues, shall be deemed...
• Section 13:17-30 - Proceedings By Bondholders And Trustees To Protect And Enforce Rights
  Any holder of bonds issued under the provisions of this act, or of any of the coupons appertaining thereto; and the trustee or trustees...
• Section 13:17-31 - Refunding Bonds; Use Of Proceeds
  (a) The commission is hereby authorized to provide for the issuance of bonds of the commission for the purpose of refunding any bonds of...
• Section 13:17-32 - Bonds And Notes As Legal Investments
  Bonds and notes issued by the commission under the provisions of this act are hereby made securities in which the State and all political...
• Section 13:17-33 - Issuance Of Bonds Without Consent Or Other Proceedings
  Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau, agency or officer...
• Section 13:17-34 - Acquisition; Eminent Domain
  (a) If for any of its authorized purposes (including temporary construction purposes) the commission shall find it necessary or convenient to acquire any real...
• Section 13:17-35 - Regulations For Installation, Construction, Maintenance, Etc., Of Public Utility Equipment And Appliances
  (a) In addition to the other powers conferred upon it by this act or by any other law and not in limitation thereof, the...
• Section 13:17-36 - Tax Exemption
  Since the exercise of the powers granted by this act will be in all respects for the benefit of the people of the State,...
• Section 13:17-37 - Exemption From Levy And Sale On Execution
  All projects and property of the commission shall be exempt from levy and sale by virtue of an execution and no execution or other...
• Section 13:17-38 - Agreements For Payments In Lieu Of Taxes
  To the end that municipalities and counties may not suffer undue loss of tax revenue by reason of the acquisition and ownership of property...
• Section 13:17-39 - Formation Of Improvement Districts; Levy Of Special Assessments
  The commission may form within the district, improvement districts for any authorized purpose in order to levy special assessments against real estate located within...
• Section 13:17-40 - Division Of Land Into Classes
  All land within the district shall be divided by the commission into 3 classes as follows: Class 1--Land owned by the State of New...
• Section 13:17-41 - Certification Whether Public Land In Class 1 Or 2 And Nature Of Present Or Ultimate Use; Approval; Request For Reclassification
  The owners of all public land in the district shall be required to certify to the commission, by a date established by the commission,...
• Section 13:17-42 - Change In Classification Of Class 3 Land Passing To State
  In the case that the title of lands designated to be in class 3 passes to the State of New Jersey, the commission shall...
• Section 13:17-43 - Improvements; Resolution Of Intention; Notice And Hearing; Resolution Of Determination
  If in its judgment, public necessity or interest demands the construction of improvements which would benefit lands within improvement district, the commission shall pass...
• Section 13:17-44 - Statement Of Cost Of Improvement; Maximum Amount Of Levy
  Upon the completion of any improvement, the appropriate officer of the commission shall prepare a statement showing in detail the cost of the improvement....
• Section 13:17-45 - Hearing On Assessment; Notice; Making Of Assessment
  The appropriate officer of the commission shall examine the work of any improvement and view all lands benefited thereby and shall thereupon fix the...
• Section 13:17-46 - Assessments To Be Proportionate To Increase In Benefit Or Value
  All assessments levied under this article for any improvement shall in each case be as nearly as may be in proportion to and not...
• Section 13:17-47 - Assessment Of Damages Incurred By Improvement; Payments To Owner; Appeal
  In addition to the making of assessments for benefits, the appropriate officer of the commission shall fix and determine the amount, if any, the...
• Section 13:17-48 - Payment Of Funds Into Court In Event Of Uncertainty Or Dispute
  When owners of any property have been or shall have been awarded damages as incidental to any improvement undertaken pursuant to this act, and...
• Section 13:17-49 - Report Certifying Assessments And Awards Of Damages; Map
  Assessments for benefits for any improvement together with any accompanying awards for incidental damages and all awards of damages for land or interests therein...
• Section 13:17-50 - Consideration Of Report; Notice; Adoption And Confirmation; Appeal
  The report may be considered by the commission at any meeting, notice whereof shall be published in a newspaper circulating in the district, once...
• Section 13:17-51 - Bills For Assessment; Record And Books Of Assessments
  Immediately after the confirmation of any assessment, a duplicate thereof duly certified by the commission shall be delivered to the appropriate officer of the...
• Section 13:17-52 - Levy And Payment Of Special Assessments; Establishment And Administration Of Revolving Fund
  (a) Special assessments levied against land in class 1 shall be considered to be of general benefit to the entire district and shall be...
• Section 13:17-53 - Lien Of Assessment; Confirmation Of Amount.
  53.Every assessment for any improvement together with interest thereon and all costs and charges connected therewith shall be upon authorization of the assessment by...
• Section 13:17-54 - New Assessments; Lien
  In all cases in which any assessment incident to any improvement has been set aside by a court of competent jurisdiction, and the improvement...
• Section 13:17-55 - Refund Of Amount Of Illegal Assessments
  When any court of competent jurisdiction shall decide that any assessment has been illegally made, the commission shall refund the amount thereof, if the...
• Section 13:17-56 - Installment Payments
  The commission may by resolution provide that the owner of any land upon which any assessments for any improvement shall have been made may...
• Section 13:17-57 - Enforcement Of Lien
  When any unpaid assessment, interest thereon or other charges for collection thereof, remains in arrears on July 1 of the calendar year following the...
• Section 13:17-58 - Deposit Of Funds In Improvement Assessment Account
  All assessments as collected shall be immediately placed in an account to be known as "improvement assessment account." Such moneys shall be used only...
• Section 13:17-59 - Appeal From Assessment Or Award; Enforcement Of Order Or Judgment
  The owner of any property assessed for benefits or awarded damages incident to any improvement under this act may, within 30 days after confirmation...
• Section 13:17-60 - Purpose; Report To Legislature
  (a) The Legislature hereby finds and declares that a vital component of any comprehensive plan for the development of the meadowland district, is a...
• Section 13:17-61 - Definitions
  As used in this article, unless the context indicates another meaning or intent: (a) "Adjustment year" means the year in which the respective obligations...
• Section 13:17-62 - Applicability Of Laws Relating To Assessment And Taxation Of Real And Personal Property
  The laws relating to the assessment and taxation of real and personal property shall apply to all constituent municipalities unless otherwise specifically provided in...
• Section 13:17-63 - Assessor's List
  (a) In preparing the list of owners of taxable property pursuant to Revised Statutes 54:4-24, the assessor of each constituent municipality shall indicate in...
• Section 13:17-65 - Resident Enrollment Certification
  On or before November 15, 1969, and on or before November 15 of each year thereafter, the secretary, superintendent or a person designated by...
• Section 13:17-66 - Establishment Of Intermunicipal Account; Computation Of Amount Payable By Or Due To Each Constituent Municipality
  In the adjustment year 1973, and in each adjustment year thereafter, the commission shall establish an intermunicipal account and shall compute the amount payable...
• Section 13:17-67 - Aggregate True Value
  (a) As used in this section, except as otherwise specifically provided: (1) The increase or decrease in aggregate true value of taxable real property...
• Section 13:17-67.1 - Adjustment Payment Exclusion
  Notwithstanding the provision of any law, rule or regulation to the contrary, no constituent municipality shall pay out or receive a meadowlands adjustment payment...
• Section 13:17-68 - Computation Of Guarantee Payment Payable By Intermunicipal Account To Each Constituent Municipality
  (a) The guarantee payment payable by the intermunicipal account to each constituent municipality in any adjustment year shall be computed as follows: (1) If...
• Section 13:17-70 - School District Services; Determination Of Service Payment
  For school district services, the service payment payable by the intermunicipal account to any constituent municipality in any adjustment year shall be found by...
• Section 13:17-72 - Apportionment Of Balance Among Constituent Municipalities; Prohibition Of Payments To Commission
  (a) If, in any adjustment year, the amount payable to the constituent municipalities by the intermunicipal account for guarantee payments and school district service...
• Section 13:17-73 - Payment Of Excessive Funds To Constituent Municipalities; Reduction Of Service Payments
  If, in any adjustment year, the amount payable to the constituent municipalities by the intermunicipal account for guarantee payments and service payments exceeds the...
• Section 13:17-74 - Meadowlands Adjustment Payment; Determination And Payment.
  72. (a) On or before February 1, 1973 and on or before February 1 of each year thereafter, the commission shall certify to the...
• Section 13:17-74.1 - Hackensack Meadowlands Tax Sharing Stabilization Fund Established
  2.There is established the Hackensack Meadowlands Tax Sharing Stabilization Fund in the Hackensack Meadowlands Development Commission. The fund shall be comprised of revenues made...
• Section 13:17-75 - Comparable Services; Withholding Of Payments To Noncomplying Municipalities
  (a) Services provided in the district shall be comparable to those provided elsewhere in each constituent municipality. (b) If, after public hearing, the commission...
• Section 13:17-76 - Appeal Or Review By Constituent Municipalities
  An appeal or review may be taken by any constituent municipality regarding any alleged arithmetical or typographical error in the calculation and payment of...
• Section 13:17-77 - Annual Budget; Items Of Expenditure
  On or before February 25 of each year the commission shall adopt an annual budget for the year, which shall include the following items...
• Section 13:17-78 - Annual Audit Of Commission Accounts
  The commission shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered municipal accountant...
• Section 13:17-79 - Aid And Cooperation By Public Bodies
  For the purpose of aiding and co-operating with the commission; the planning, undertaking construction or operation of its activities, any public body may upon...
• Section 13:17-80 - Contracts With Municipalities Or Public Agencies For Operation Of Public Works, Improvements, Facilities, Etc.
  (a) The commission may enter into, from time to time, contract with one or more municipalities, counties or other public agencies for the operation...
• Section 13:17-81 - Examination Of Accounts And Books Of Commission By State Auditor
  The State Auditor and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of...
• Section 13:17-82 - Assistance To Commission By Employees Of State Departments And Agencies
  The commission shall be entitled to call to its assistance and avail itself of the services of such employees of any State department or...
• Section 13:17-83 - Supplemental And Additional Provisions
  The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby,...
• Section 13:17-84 - Liberal Construction
  This act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose thereof. L.1968, c....
• Section 13:17-85 - Severability
  If the provisions of any article, section or clause of this act or the application thereof to any person shall be judged invalid by...
• Section 13:17-86 - Payment Of Expenses
  All expenses incurred in carrying out the provisions of this act shall be payable from funds provided the commission therefor, and no liability or...
• Section 13:17-87 - Short Title.
  1.This act shall be known, and may be cited, as the "Meadowlands Conservation Trust Act." L.1999,c.31,s.1.
• Section 13:17-88 - Definitions Relative To Meadowlands Conservation Trust.
  2.As used in this act: "Board" means the board of trustees of the Meadowlands Conservation Trust established pursuant to section 4 of P.L.1999, c.31...
• Section 13:17-89 - Meadowlands Conservation Trust.
  3.There is created in but not of the Hackensack Meadowlands Development Commission, established pursuant to section 5 of P.L.1968, c.404 (C.13:17-5), a body corporate...
• Section 13:17-90 - Powers, Duties Of Trust; Board Of Trustees.
  4. a. The powers and duties of the trust shall vest in and be exercised by a board of trustees, comprised of seven voting...
• Section 13:17-91 - Powers Of Trust.
  5.The Meadowlands Conservation Trust shall have the power to: a.Sue and be sued in its own name; b.Adopt a seal and alter it at...
• Section 13:17-92 - "Meadowlands Conservation Trust Fund."
  6. a. There is established in the Meadowlands Conservation Trust a trust fund, to be known as the "Meadowlands Conservation Trust Fund," and the...
• Section 13:17-93 - Attorney General To Provide Legal Services.
  7.The trustees may request, and upon such request shall receive, from the Attorney General of the State of New Jersey, all legal counsel and...
• Section 13:17-94 - Annual Report.
  8.The trust shall report annually to the Governor and the Legislature of the State of New Jersey as to its activities during the preceding...
• Section 13:17a-4 - Designation Of Site; Commission; Establishment; Members; Term Of Office; Designation Of Representative; Oath; Vacancies; Meetings; Actions; Approval
  a. By December 31, 1983 the Hackensack Meadowlands Development Commission shall identify an appropriate site, if any, for a food distribution center within the...
• Section 13:17a-4.1 - Siting Restriction
  The Governor may designate or redesignate the site for a food distribution center in a municipality or municipalities located in any county with land...
• Section 13:18a-1 - Short Title
  This act shall be known and may be cited as the "Pinelands Protection Act." L.1979, c. 111, s. 1, eff. June 28, 1979.
• Section 13:18a-2 - Legislative Findings And Declarations
  The Legislature hereby finds and declares that the pinelands area comprises pine-oak forests, cedar swamps, and extensive surface and ground water resources of high...
• Section 13:18a-3 - Definitions.
  3. As used in this act: a. "Agricultural or horticultural purposes" or "agricultural or horticultural use" means any production of plants or animals useful...
• Section 13:18a-4 - Pinelands Commission; Establishment; Allocation Within Department Of Environmental Protection
  a. There is hereby established a public body corporate and politic, with corporate succession, to be known as the "Pinelands Commission." The commission shall...
• Section 13:18a-5 - Members; Appointment; Qualifications; Terms Of Office; Vacancies; Removal; Oath; Reimbursement Of Expenses; Vote Necessary; Chairman; Executive Director; Veto By Governor
  a. The commission shall consist of 15 members to be appointed and qualified as follows: (1) Seven residents of the State, appointed by the...
• Section 13:18a-5.1 - Pinelands Commission, Approval For Certain Reconstruction Of Single Family Dwellings, Exempt.
  1. a. Except for the development of an historic resource as designated by the Pinelands Commission, a person shall be exempt from the Pinelands...
• Section 13:18a-5.2 - Solar Panels Not Included In Certain Calculations Relative To Development In The Pinelands.
  2.Notwithstanding the provisions of the comprehensive management plan or any rule or regulation to the contrary, the commission shall not include solar panels in...
• Section 13:18a-6 - Powers.
  6.The Pinelands Commission shall have the following powers: a.To adopt and from time to time amend and repeal suitable bylaws for the management of...
• Section 13:18a-7 - Pinelands Municipal Council Established
  6.1. a. There is hereby established a Pinelands Municipal Council, the membership of which shall consist of the mayor, or his designee, of each...
• Section 13:18a-7.1 - Election Of Officers By Council
  2. a. The council shall annually elect from among its members a chairperson, vice-chairperson, secretary, and treasurer. The term of office for each of...
• Section 13:18a-8 - Comprehensive Management Plan; Preparation And Adoption; Contents
  The commission shall, on or before August 8, 1980, and after public hearings held in the pinelands area and in other areas of the...
• Section 13:18a-8.1 - Certain Field Sports Conducted In Pinelands Area Deemed Low Intensity Recreational Use.
  1.Field sports, including but not limited to soccer and soccer tournaments, conducted or occurring in an agricultural production area within the pinelands area, shall...
• Section 13:18a-9 - Goals Of Comprehensive Management Plan
  a. The goal of the comprehensive management plan with respect to the entire pinelands area shall be to protect, preserve and enhance the significant...
• Section 13:18a-10 - Consultations; Adoption; Submission Of Plan; Development, Construction Or Disturbance Of Land; Conformance To Plan; Waiver; Rules And Regulations
  a. During the development of the comprehensive management plan, the commission shall consult with appropriate officials of local governments, including the council, and State...
• Section 13:18a-11 - Boundaries Of Pinelands And Preservation Areas; Official State Planning Maps Of Pinelands National Reserve, And Pinelands, Protection And Preservation Areas
  a. The pinelands area shall consist of all that area within the boundaries described herein: Beginning at the intersection of the abandoned-right-of-way of the...
• Section 13:18a-12 - Master Plan Revisions
  a. The provisions of any other law, ordinance, rule or regulation to the contrary notwithstanding, within one year of the date of the adoption...
• Section 13:18a-13 - Guidelines For Location And Construction; Periodic Revision And Transmittal To State, County And Municipal Agencies
  In order to assure that the actions, decisions, determinations and rulings of the State, county and municipal governments shall, to the maximum extent practicable...
• Section 13:18a-14 - Approvals, Certificates, Licenses, Consents, Permits Or Financial Assistance For Construction Of Structure Or Disturbance Of Land; Prohibition Prior To Adoption Of Plan And Revisions; Exceptions
  Subsequent to the effective date of this act, the provisions of any other law, ordinance, rule or regulation to the contrary notwithstanding: a. No...
• Section 13:18a-15 - Pinelands Development Applications
  Subsequent to the adoption of the comprehensive management plan, the commission is hereby authorized to commence a review, within 15 days after any final...
• Section 13:18a-15.1 - Rules, Regulations Providing For Approval Of Development Of Solar, Photovoltaic Energy Facility, Structure On Certain Sites In The Pinelands.
  1. a. Within 180 days after the date of enactment of this act, the Pinelands Commission shall adopt rules and regulations providing for the...
• Section 13:18a-16 - Grants To Municipalities And Counties For Revisions
  The commission is hereby authorized to make grants to municipalities and counties for any revision of local master plans or the implementing ordinances thereto...
• Section 13:18a-17 - Conflict Of Interest Of Member, Officer, Employee Or Agent Of Commission; Violations; Action Voidable; Penalties
  a. No member, officer, employee, or agent of the commission shall take any official action on any matter in which he has a direct...
• Section 13:18a-18 - Annual Audit
  The State Auditor shall conduct an annual audit of the commission's activities pursuant to the provisions of chapter 24 of Title 52 of the...
• Section 13:18a-19 - Annual Report
  On or before March 31 in each year the commission shall make an annual report of its activities for the preceding calendar year to...
• Section 13:18a-20 - Judicial Review
  Any person aggrieved by any decision rendered by the commission pursuant to subsection c. of section 9 and sections 13 and 14 of this...
• Section 13:18a-21 - Report On State Payments In Lieu Of Taxes To Municipalities
  The commission shall, within 1 year of the effective date of this act, prepare and submit to the Governor and Legislature a report concerning...
• Section 13:18a-22 - Sale Of Land Within Preservation Area; Written Notice Of Intention; Exceptions; Transmittal And Publication Of Provisions Of Section; Violations; Voidability Of Contract; Corporations
  a. No person shall contract to sell any land within the preservation area, or any interest therein or option therefor, until such person has...
• Section 13:18a-23 - Coastal Area; Revision Of Environmental Design
  In addition to the functions required pursuant to the "Coastal Area Facility Review Act," P.L.1973, c. 185 (C. 13:19-1 et seq.), the Department of...
• Section 13:18a-24 - Operation Of Power Vessels Or Motor Vehicles Within Pinelands; Littering; Violations; Penalty
  23. a. No person shall operate any power vessel which utilizes any engine in excess of 10 horse power upon any of the waters...
• Section 13:18a-25 - Inapplicability Of Act To Exportation Of Waters Or To Regulation Of Fish And Game Activities Or Other Recreational Activities In Pinelands Area
  a. Nothing in this act shall be construed to authorize or permit the exportation of any ground or surface waters from the pinelands area....
• Section 13:18a-26 - Surcharge On Fees; Pinelands Fund; Disposition
  The commission is hereby authorized to adopt rules and regulations which impose a surcharge of up to $1.00 upon any fee currently levied and...
• Section 13:18a-27 - Enforcement Of Provisions Of This Act Over Inconsistent Or Conflicting Acts
  It is the intent of the Legislature that, except as otherwise specifically provided in this act, in the event of any conflict or inconsistency...
• Section 13:18a-28 - Severability
  If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of...
• Section 13:18a-29 - Liberal Construction
  The object, design and purpose of this act being the protection of the pinelands area and the resources thereof, this act shall be liberally...
• Section 13:18a-30 - Short Title
  This act shall be known and may be cited as the "Pinelands Development Credit Bank Act." L. 1985, c. 310, s. 1, eff. Aug....
• Section 13:18a-31 - Findings, Declarations
  The Legislature finds and declares that, pursuant to the provisions of P.L. 1979, c. 111 (C. 13:18A-1 et seq.), the comprehensive management plan for...
• Section 13:18a-32 - Definitions
  As used in this act: a. "Applicant" means a person applying for, or in receipt of, a loan secured pursuant to the provisions of...
• Section 13:18a-33 - Pinelands Development Credit Bank
  a. There is established in the Executive Branch of the State Government a public body corporate and politic, with corporate succession, to be known...
• Section 13:18a-34 - Powers Of Board
  The board shall have the following powers: a. To adopt and, from time to time, amend and repeal suitable bylaws for the management of...
• Section 13:18a-35 - Development Credit Certification
  The board shall, upon application of the appropriate landowner, and certification by the commission, issue Pinelands Development Credit Certificates for all pinelands development credits...
• Section 13:18a-36 - Registry Of Development Credits
  a. The board shall establish and maintain a Registry of Pinelands Development Credits, which shall include: (1) The name and address of every owner...
• Section 13:18a-37 - Application For Guarantee
  Any person desiring to secure a loan using a pinelands development credit as collateral may apply to the board for determination of eligibility for...
• Section 13:18a-38 - Approval By Board
  a. The board may extend a pinelands development credit guarantee with respect to any loan secured pursuant to the provisions of this act if:...
• Section 13:18a-39 - $10,000 Guarantee Minimum
  The bank is authorized to guarantee the value of a pinelands development credit in an amount not less than $10,000.00, or a fraction of...
• Section 13:18a-40 - Default
  a. Following the 31st day of a default on any loan secured, in whole or in part, by a pinelands development credit guarantee, the...
• Section 13:18a-41 - Payment Of Guaranteed Amount
  In the event a default occurs on any loan secured, in whole or in part, by a pinelands development credit guarantee and the lender...
• Section 13:18a-42 - Sales By Board Of Credits
  a. The board may sell, exchange, or otherwise convey or retire any pinelands development credit which is purchased or otherwise acquired pursuant to the...
• Section 13:18a-43 - County Banks
  a. The governing body of any county located in whole or in part within the pinelands area may, by resolution duly adopted, create a...
• Section 13:18a-44 - Delegation Of Authority To County
  The board may delegate any authority granted it by this act to any county which creates a county board pursuant to the provisions of...
• Section 13:18a-45 - Matching Grants
  If the board has delegated its authority pursuant to the provisions of section 15 of this act, it may provide, upon application therefor and...
• Section 13:18a-46 - Exercise Of Authority
  The county board shall exercise the authority delegated to it by the board in a manner prescribed by rules and regulations adopted by the...
• Section 13:18a-47 - Funding Of The Bank; Proceeds From The Sale Of Credits.
  18. a. There is appropriated to the bank, from the General Fund, the sum of $5,000,000.00. This sum shall be used for the purchase...
• Section 13:18a-48 - Extension Of Pinelands Development Credit Guarantee, Purchases
  19.Notwithstanding any other provisions of this act to the contrary: a.No pinelands development credit guarantee shall be extended for a period of time in...
• Section 13:18a-49 - County Authority Unimpaired
  Nothing in this act shall be construed to prohibit or in any other way interfere with any county carrying out functions substantially similar to...
• Section 13:18a-50 - Funds For Land Acquisition; "Limited Practical Use" Defined
  1. a. The Commissioner of Environmental Protection, utilizing any monies that may be made available from any source for the purpose, may acquire on...
• Section 13:18a-51 - Sale Of Land
  2. a. If the commissioner determines that any land or interest therein acquired pursuant to subsection a. of section 1 of this act is...
• Section 13:18a-52 - Use Of Monetary Proceeds
  3. a. Any monetary proceeds realized from the sale, exchange, conveyance, or transfer of any land or interest therein pursuant to section 2 of...
• Section 13:18a-53 - Actions, Conformity With Law
  4. No action may be taken pursuant to this act unless it is consistent with section 502 of the "National Parks and Recreation Act...
• Section 13:18a-54 - Rules, Regulations
  5. The commissioner, in consultation with the Pinelands Commission, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules...
• Section 13:18a-55 - "Pinelands Preservation Fund"
  2. a. There is created in the Department of the Treasury a non-lapsing, revolving fund to be known as the "Pinelands Preservation Fund." The...
• Section 13:18a-56 - Findings, Declarations Relative To Economic Development In The Pinelands.
  1. The Legislature finds and declares that the Pinelands comprehensive management plan and its accompanying land use regulations place a number of restrictions on...
• Section 13:18a-57 - Pilot Program Developed By Pinelands Commission.
  2. a. The Pinelands Commission shall develop a pilot program to assist rural Pinelands municipalities in non-growth regions in the Pinelands area in identifying...
• Section 13:18a-58 - Report By Pinelands Commission To Governor, Legislature.
  3. Not later than two years after the effective date of this act, the Pinelands Commission shall prepare and submit a report to the...
• Section 13:19-1 - Short Title
  This act shall be known and may be cited as the "Coastal Area Facility Review Act." L.1973, c. 185, s. 1.
• Section 13:19-2 - Findings, Declarations
  2. The Legislature finds and declares that New Jersey's bays, harbors, sounds, wetlands, inlets, the tidal portions of fresh, saline or partially saline streams...
• Section 13:19-3 - Definitions.
  3.As used in this act: "Beach" means a gently sloping unvegetated area of sand or other unconsolidated material found on tidal shorelines, including ocean,...
• Section 13:19-4 - "Coastal Area" Defined
  4. The "coastal area" shall consist of all that certain area lying between the line as hereinafter described and the line formed by the...
• Section 13:19-5 - Development Permits Required
  5. A permit issued pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) shall be required for: a. A development located in the coastal area on...
• Section 13:19-5.1 - Issuance Of General Permit
  6. Notwithstanding any other provision of law, rule or regulation to the contrary, the commissioner is authorized to issue a general permit in lieu...
• Section 13:19-5.2 - Permits Not Required, Conditions.
  7.A permit shall not be required pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for: a.A development which has received preliminary site plan approval...
• Section 13:19-5.3 - Waiving Of Permit Requirement
  21. The commissioner may waive the permit requirement for development in the coastal area pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) for any development...
• Section 13:19-5.4 - Solar Panels Not Included In Certain Calculations Relative To Coastal Development.
  4.Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not include solar panels in any calculation of impervious surface...
• Section 13:19-6 - Application For Permit
  6. Any person proposing to construct or cause to be constructed, or to undertake or cause to be undertaken, as the case may be,...
• Section 13:19-8 - Declaration Of Completeness Of Application
  8. a. Within 20 working days following receipt of an application, the commissioner shall issue a notification to the applicant in writing regarding its...
• Section 13:19-9 - Hearing, Comment Period
  9. a. The commissioner, or a member of the department designated by the commissioner, may hold a hearing to afford interested parties the opportunity...
• Section 13:19-10 - Review Of Applications; Required Findings.
  10.The commissioner shall review filed applications, including any environmental impact statement and all information presented at public hearings or during the comment period, or...
• Section 13:19-10.1 - Wind Dependent Energy Facilities, Construction On Piers, Certain Circumstances; Permitted.
  1. a. Notwithstanding the provisions of any rule or regulation adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) to the contrary, construction of a...
• Section 13:19-11 - Grounds For Denial Of Permit Application; Conditional Permit; Approval Of Nuclear Electricity Generating Facility
  11. Notwithstanding the applicant's compliance with the criteria listed in section 10 of P.L.1973, c.185 (C.13:19-10), if the commissioner finds that the proposed development...
• Section 13:19-11.1 - Low, Moderate Income Housing, No Conditions For
  1. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not require the provision for low and moderate income...
• Section 13:19-13.1 - Coastal Area Review Board Abolished Upon Completion Date Of Duties
  20. a. The Coastal Area Review Board established pursuant to section 13 of P.L.1973, c.185 (C.13:19-13) is, upon the completion date of its duties,...
• Section 13:19-14 - Continuance In Force Of Issued Permit
  14. In the event of rental, lease, sale or other conveyances by an applicant to whom a permit is issued, such permit, with any...
• Section 13:19-15 - Effect Of Denial On Future Submittal Of New Application
  The denial of an application shall in no way adversely affect the future submittal of a new application. L.1973, c. 185, s. 15.
• Section 13:19-16.1 - "Shore Protection Fund" Created.
  1. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Shore Protection Fund." The...
• Section 13:19-16.2 - Priority System For Ranking Shore Protection Projects.
  1. a. The Commissioner of Environmental Protection shall develop a priority system for ranking shore protection projects and establish appropriate criteria therefor. Commencing with...
• Section 13:19-16.3 - Public Hearings For Shore Protection Projects, Certain.
  1.Whenever the State enters into an agreement, on or after the date of enactment of this act, with the United States Army Corps of...
• Section 13:19-17 - Rules, Regulations
  17. a. The department shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to...
• Section 13:19-18 - Violations, Remedies, Penalties; "Cooperative Coastal Monitoring, Restoration And Enforcement Fund."
  18. a. Whenever, on the basis of available information, the department finds that a person has violated any provision of P.L.1973, c.185 (C.13:19-1 et...
• Section 13:19-19 - Applicability Of Act
  19. The provisions of this act shall not be regarded as to be in derogation of any powers now existing and shall be regarded...
• Section 13:19-20 - Construction Of Act
  This act shall be liberally construed to effectuate the purpose and intent thereof. L.1973, c. 185, s. 20.
• Section 13:19-21 - 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...
• Section 13:19-22 - Short Title
  1. This act shall be known, and may be cited, as the "New Jersey Adopt a Beach Act." L.1992,c.213,s.1.
• Section 13:19-23 - Findings, Determinations
  2. The Legislature finds and determines: a. The presence of debris, litter, floatable waste, and other refuse in the ocean waters has an adverse...
• Section 13:19-24 - Definitions
  3. As used in this act: "Department" means the Department of Environmental Protection. "Program volunteer" means any group, organization, business, or individual who has...
• Section 13:19-25 - Establishment Of "Adopt A Beach" Program
  4. The department shall, within 180 days of the effective date of this act, establish an "Adopt a Beach" program. The purpose of the...
• Section 13:19-26 - Duties Of Department
  5. a. The department shall: (1) Develop a packet of information and instructions, and, within the limits of funds made available therefor, provide cleanup...
• Section 13:19-27 - Notification To Department; Assignment Of Section Of Beach, Shore
  6. a. Any group, organization, business, or individual interested in adopting a section of beach or shore for cleanup in accordance with this act...
• Section 13:19-28 - Other Cleanup Activities Permitted
  7. Nothing in this act shall be construed to prohibit any person from cleaning up any section of beach or shore, regardless of whether...
• Section 13:19-29 - Immunity; Waiver; Volunteers Not Considered Public Employees
  8. a. No department, agency, bureau, board, commission, authority, or other entity of the State, or of any county or municipality, and no employee...
• Section 13:19-30 - Donations
  9. Any person may donate to the department, or to a county or municipality, funds, supplies, or services for use in the "Adopt a...
• Section 13:19-31 - Findings, Declarations, Determinations
  1. The Legislature finds and declares that the New Jersey shore is a valuable environmental and economic resource, and that every effort should be...
• Section 13:19-32 - Dep Guidance Document On Federal Aid, Availability; "Coastal Municipality" Defined
  2. a. The Department of Environmental Protection shall prepare a guidance document which provides information to coastal municipalities on eligibility requirements for receiving federal...
• Section 13:19-33 - Transport, Dumping Of Certain Dredged Materials In Certain Ocean Sites Prohibited.
  1. a. The Department of Environmental Protection shall not permit or otherwise authorize the transport in State waters of dredged material for the purpose...
• Section 13:19-34 - Findings, Declarations Relative To Coastal, Ocean Resources.
  1.The Legislature finds and declares that: a.The quality of life and strength of the economy in New Jersey are challenged by persistent threats to...
• Section 13:19-35 - "Ecosystem-based Management" Defined.
  2.As used in this act, "ecosystem-based management" means an integrated approach to management that integrates biological, social, and economic factors into a comprehensive strategy...
• Section 13:19-36 - New Jersey Coastal And Ocean Protection Council Established.
  3. a. There is established in the Department of Environmental Protection the New Jersey Coastal and Ocean Protection Council. b.The council shall consist of...
• Section 13:19-37 - Powers, Duties, Responsibilities Of Council.
  4. a. The council shall have the following powers, duties, and responsibilities: (1)to request from the commissioner any information concerning ecosystem-based management as it...
• Section 13:19-45 - Notification By Dep To Coastal Municipalities Relative To Certain Settlement Discussions.
  1.Whenever the Department of Environmental Protection enters into discussions in order to reach a settlement agreement with an owner of property containing dunes or...
• Section 13:20-1 - Short Title.
  1.This act shall be known, and may be cited, as the "Highlands Water Protection and Planning Act." L.2004,c.120,s.1.
• Section 13:20-2 - Findings, Declarations Relative To The "Highlands Water Protection And Planning Act."
  2.The Legislature finds and declares that the national Highlands Region is an area that extends from northwestern Connecticut across the lower Hudson River Valley...
• Section 13:20-3 - Definitions Relative To The "Highlands Water Protection And Planning Act."
  3.As used in this act: "Agricultural or horticultural development" means construction for the purposes of supporting common farmsite activities, including but not limited to:...
• Section 13:20-4 - "Highlands Water Protection And Planning Council."
  4.There is hereby established a public body corporate and politic, with corporate succession, to be known as the "Highlands Water Protection and Planning Council."...
• Section 13:20-5 - Membership Of Council, Appointment, Terms, Meetings, Minutes Delivered To Governor.
  5. a. The council shall consist of 15 voting members to be appointed and qualified as follows: (1)Eight residents of the counties of Bergen,...
• Section 13:20-6 - Powers, Duties, Responsibilities Of Council.
  6.The council shall have the following powers, duties, and responsibilities, in addition to those prescribed elsewhere in this act: a.To adopt and from time...
• Section 13:20-7 - Highlands Region, Preservation Area; Delineated.
  7. a. The Highlands Region shall consist of all that area within the boundaries of the following municipalities: (1)in Bergen County: Mahwah and Oakland;...
• Section 13:20-8 - Preparation, Adoption Of Master Plan For The Highlands Region.
  8. a. The council shall, within 18 months after the date of its first meeting, and after holding at least five public hearings in...
• Section 13:20-9 - Consultations, Etc. Relative To Preparation, Revisions Of Regional Master Plan.
  9. a. During the preparation of the regional master plan or any revision thereof, the council shall consult with the Department of Environmental Protection,...
• Section 13:20-10 - Goals Of Regional Master Plan.
  10. a. The goal of the regional master plan with respect to the entire Highlands Region shall be to protect and enhance the significant...
• Section 13:20-11 - Contents Of Regional Master Plan.
  11. a. The regional master plan shall include, but need not necessarily be limited to: (1)A resource assessment which: (a)determines the amount and type...
• Section 13:20-12 - Additional Contents Of Regional Master Plan.
  12.In addition to the contents of the regional master plan described in section 11 of this act, the plan shall also include, with respect...
• Section 13:20-13 - Use Of Regional Master Plan Elements For Tdr Program.
  13. a. The council shall use the regional master plan elements prepared pursuant to sections 11 and 12 of this act, including the resource...
• Section 13:20-14 - Submission Of Revisions To Regional Master Plan By Municipalities, Counties In Preservation Area For Conformance.
  14. a. Within nine to 15 months after the date of adoption of the regional master plan or any revision thereof, according to a...
• Section 13:20-15 - Municipalities, Counties In Planning Area May Petition Council Relative To Revision.
  15. a. (1) For any municipality located wholly in the planning area or for any portion of a municipality lying within the planning area,...
• Section 13:20-16 - Council May Provide Comments, Recommendations On Projects.
  16. a. The council may provide comments and recommendations on any capital or other project proposed to be undertaken by any State entity or...
• Section 13:20-17 - Review By Council Of Regional Applications For Development.
  17. a. (1) Subsequent to adoption of the regional master plan, the council may review, within 15 days after any final local government unit...
• Section 13:20-18 - Qualification For State Aid, Grants.
  18. a. Any municipality in the Highlands Region whose municipal master plan and development regulations, and any county in the Highlands Region whose county...
• Section 13:20-19 - "Highlands Protection Fund"; Use.
  21. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Highlands Protection Fund." The...
• Section 13:20-20 - Council To Provide Legal Representation To Local Units, Conditions.
  22.The council shall provide legal representation to any requesting local government unit located in the Highlands Region in any cause of action filed against...
• Section 13:20-21 - Guidelines, Instructions To Local Government Units.
  23.Within 10 days after the date of enactment of this act, the Department of Community Affairs, in consultation with the Department of Environmental Protection,...
• Section 13:20-22 - Plans, Regulations Entitled To Strong Presumption Of Validity.
  24.The municipal master plan and development regulations of any municipality, and the county master plan and associated regulations of any county, located in the...
• Section 13:20-23 - Regional Master Plan Considered In Allocation Of Prospective Fair Housing Share.
  25. a. The Council on Affordable Housing shall take into consideration the regional master plan prior to making any determination regarding the allocation of...
• Section 13:20-24 - Modification Of Site Improvement Standards For Residential Development.
  26.Within 90 days after the first meeting of the Highlands Water Protection and Planning Council, the Site Improvement Advisory Board established pursuant to section...
• Section 13:20-25 - Council May Institute Action, Proceeding For Injunctive Relief.
  27.The council may institute an action or proceeding in Superior Court for injunctive relief for any violation of this act, or any rule or...
• Section 13:20-26 - Council Decision Deemed Final Agency Action, Appellate Review.
  28.Any decision rendered or action taken by the council pursuant to this act shall be a final agency action subject to judicial review in...
• Section 13:20-27 - Annual Report Of Council.
  29.On or before March 31 in each year the council shall make an annual report of its activities for the preceding calendar year to...
• Section 13:20-28 - Exemptions.
  30. a. The following are exempt from the provisions of this act, the regional master plan, any rules or regulations adopted by the Department...
• Section 13:20-29 - Agricultural, Horticultural Development, Review Required; Enforcement.
  31. a. (1) Any agricultural or horticultural development in the preservation area that would result in the increase, after the date of enactment of...
• Section 13:20-30 - Highlands Preservation Area, Major Development Approvals; Required, Fee Schedule.
  32. a. Commencing on the date of enactment of this act and until the effective date of the rules and regulations adopted by the...
• Section 13:20-31 - Adoption Of Rules, Regulations; Procedure.
  33. a. Within 270 days after the date of enactment of this act, and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410...
• Section 13:20-32 - Rules, Regulations, Standards.
  34.The Department of Environmental Protection shall prepare rules and regulations establishing the environmental standards for the preservation area upon which the regional master plan...
• Section 13:20-33 - Highlands Permitting Review Program.
  35. a. The Department of Environmental Protection shall establish a Highlands permitting review program to provide for the coordinated review of any major Highlands...
• Section 13:20-34 - Review Of Applications.
  36. a. The Commissioner of Environmental Protection shall review filed applications for Highlands permitting reviews, including any information presented at public hearings or during...
• Section 13:20-35 - Violations, Certain, Civil Actions, Penalties.
  37. a. Whenever the Commissioner of Environmental Protection finds that a person has violated any provision of section 32 of this act, a Highlands...

Last modified: October 11, 2016