New Jersey Revised Statutes Title 58 - Waters And Water Supply

• Section 58:1a-1 - Short Title
  This act shall be known and may be cited as the "Water Supply Management Act." L.1981, c. 262, s. 1, eff. Aug. 13, 1981.
• Section 58:1a-2 - Legislative Findings And Declarations
  The Legislature finds and declares that the water resources of the State are public assets of the State held in trust for its citizens...
• Section 58:1a-3 - Definitions.
  3.As used in the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), P.L.1993, c.202 (C.58:1A-7.3 et al.) and P.L.2003, c.251 (C.58:1A-13.1 et al.): a."Commissioner" means...
• Section 58:1a-4 - State Of Water Emergency; Emergency Water Supply Allocation Plan; Powers Of Governor And Commissioner; Orders; Review
  a. Upon a finding by the commissioner that there exists or impends a water supply shortage of a dimension which endangers the public health,...
• Section 58:1a-5 - Supply And Diversion Of Water; Rules And Regulations
  The commissioner shall have the power to adopt, enforce, amend or repeal, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et...
• Section 58:1a-5.1 - Establishment Of Permit System For Certain Diversions Of Water.
  39.Notwithstanding the provisions of subsection a. of section 5 of P.L.1981, c.262 (C.58:1A-5), or any rule or regulation adopted pursuant thereto, to the contrary,...
• Section 58:1a-6 - Permit System; Development Of Guidelines.
  6. a. The department in developing the permit system established by P.L.1981, c.262 (C.58:1A-1 et al.) shall: (1) Permit privileges previously allowed pursuant to...
• Section 58:1a-7 - Diversion Of Water, Permit, Renewal; Criteria For Critical Water Supply Concerns
  7. a. A person shall not divert more than 100,000 gallons per day of any waters of the State or construct any building or...
• Section 58:1a-7.1 - Transport Of Water From Pinelands National Reserve; Prohibition
  The provisions of any law, rule or regulation to the contrary notwithstanding, no person shall transport, or cause to be transported, more than 10...
• Section 58:1a-7.2 - No Tax, Fee Imposed On Diversion Of Water; Exceptions; "Aquaculture" Defined.
  2. The provisions of any law, rule or regulation to the contrary notwithstanding, no tax, fee or other charge shall be imposed on the...
• Section 58:1a-7.3 - Limitations On Modification Of Existing Diversion Permit
  3. Notwithstanding the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or any other law, rule or regulation to the contrary, for a period not...
• Section 58:1a-7.4 - Water Allocation Credit Transfer Program
  5. a. There is established in the department the Water Allocation Credit Transfer Program. The purpose of this program is to provide for the...
• Section 58:1a-7.5 - Establishment Of Water Allocation Credit Exchange; Regional Exchange
  6. a. The governing body of a county wherein an area of critical water supply concern has been designated by the commissioner pursuant to...
• Section 58:1a-7.6 - Report To Governor, Legislature
  7. The department shall prepare a report to the Governor and the Legislature on the Water Allocation Credit Transfer Program and make recommendations therein...
• Section 58:1a-8 - Provisions Of Permit
  8. Every permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall include provisions: a. Fixing the term...
• Section 58:1a-9 - Rates
  9. The Board of Regulatory Commissioners shall fix just and reasonable rates for any public water supply system subject to its jurisdiction, as may...
• Section 58:1a-12 - Condemnation For New Or Additional Supply Of Water; Approval By Department
  No person supplying or proposing to supply water to any other person shall have the power to condemn lands, water or water privileges for...
• Section 58:1a-13 - New Jersey Statewide Water Supply Plan.
  13. a. The department shall prepare and adopt the New Jersey Statewide Water Supply Plan, which plan shall be revised and updated at least...
• Section 58:1a-13.1 - Maintenance Of State-owned Lands In The Six Mile Reservoir Site And Other Unused Lands.
  3. a. The department shall take actions to assure that State-owned lands identified pursuant to paragraph (6) of subsection b. of section 13 of...
• Section 58:1a-13.2 - Existing Lease, Agreement Unaffected Concerning Unused Lands.
  4.The provisions of section 3 of P.L.2003, c.251 (C.58:1A-13.1) shall not abrogate or in any way affect the terms or conditions of any lease...
• Section 58:1a-13.3 - Preparation, Adoption Of Revisions, Updates To New Jersey Statewide Water Supply Plan.
  2. a. The department shall prepare and adopt appropriate revisions and updates to the current New Jersey Statewide Water Supply Plan no later than...
• Section 58:1a-14 - Inadequate Supply Available To Water Purveyor; Order For Development Or Acquisition; Certification Of Amount In Local Budget
  a. When the department determines that the developed water supply available to a water purveyor is inadequate to service its users with an adequate...
• Section 58:1a-15 - Powers And Duties
  15. The department may: a. Perform any and all acts and issue such orders as are necessary to carry out the purposes and requirements...
• Section 58:1a-15.1 - Actions Consistent With Pinelands, Highlands Regulation.
  10.No action taken by the department pursuant to the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall be...
• Section 58:1a-16 - Violations Of Act; Remedies.
  16. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any of the provisions of...
• Section 58:1a-17 - Continuation Of Prior Rules And Regulations
  Any rules and regulations promulgated pursuant to any statutes repealed by this act shall remain in effect until superseded by rules and regulations promulgated...
• Section 58:1a-18 - Short Title.
  1.This act shall be known, and may be cited, as the "Rahway River Intergovernmental Cooperation Committee Act." L.1997,c.342,s.1.
• Section 58:1a-19 - Findings, Determinations Relative To Rahway River Intergovernmental Cooperation Committee.
  2.The Legislature finds and declares that the Rahway river is an important natural, recreational, and economic resource utilized and enjoyed by the citizens of...
• Section 58:1a-20 - Definitions Relative To Rahway River Intergovernmental Cooperation Committee.
  3.As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Committee" means the "Rahway River Intergovernmental Cooperation Committee" created pursuant to section...
• Section 58:1a-21 - "Rahway River Intergovernmental Cooperation Committee" Created.
  4. a. There is created the "Rahway River Intergovernmental Cooperation Committee," which shall be composed of: (1) a representative of each river municipality, who...
• Section 58:1a-22 - Committee Organization; Quorum; Meetings.
  5. a. The committee shall organize as soon as may be practicable after the appointment of its members and shall select a chairperson and...
• Section 58:1a-23 - Committee Duties.
  6.In order to facilitate achievement of the State goal, as set forth in this act, to fully restore, promote, preserve, and maintain the environmental...
• Section 58:1a-24 - Assistance Provided To Committee.
  7.The committee shall be entitled to call to its assistance and avail itself of the services of such employees of any State, county, or...
• Section 58:1a-25 - Meetings, Open; Public.
  8.The meetings of the committee shall be subject to the provisions and requirements of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
• Section 58:1a-26 - Reports; Dissolution.
  9. a. The committee shall report its findings and conclusions, together with any recommendations for legislation or administrative action to abate environmental threats to...
• Section 58:1b-1 - Short Title
  This act shall be known and may be cited as the "New Jersey Water Supply Authority Act." L.1981, c. 293, s. 1, eff. Oct....
• Section 58:1b-2 - Legislative Findings
  The Legislature finds that a State authority should be established to acquire, finance, construct and operate water systems pursuant to the provisions of this...
• Section 58:1b-3 - Definitions
  As used in this act: a. "Authority" means the New Jersey Water Supply Authority created by this act; b. "Bonds" means bonds, notes, or...
• Section 58:1b-4 - Establishment; Members; Officers; Quorum; Vote Necessary; Bonds; Approval; Veto Of Any Action By Governor; Official Bond; Reimbursement Of Expenses; Dissolution
  a. There is established in but not of the Department of Environmental Protection a public body corporate and politic, with corporate succession, to be...
• Section 58:1b-5 - Water Supply Facilities Operated By Authority, Disposition Of Revenue.
  5. a. All water supply facilities, owned or operated by the State, either now or hereafter, are transferred to the authority. The authority shall...
• Section 58:1b-6 - Powers And Duties Of Authority.
  6. a. The authority is hereby empowered to design, initiate, acquire, construct, maintain, repair and operate projects or cause the same to be operated...
• Section 58:1b-7 - Powers.
  7.Except as otherwise limited by P.L.1981, c.293 (C.58:1B-1 et seq.), the authority shall have power: a.To sue and be sued. b.To have an official...
• Section 58:1b-8 - Eminent Domain; Determination Of Compensation; Public Utility Facilities; Relocation Or Removal
  a. Upon the exercise of the power of eminent domain, the compensation to be paid thereunder shall be ascertained and paid in the manner...
• Section 58:1b-9 - Issuance Of Bonds.
  9. a. The authority is hereby empowered from time to time to issue its bonds in the principal amounts as in the opinion of...
• Section 58:1b-9.1 - Annual Appropriation To Authority For Certain Energy Or Water Expenses.
  6. a. In order to defray the additional, reasonable energy or water expenses incurred by the New Jersey Water Supply Authority in replenishing the...
• Section 58:1b-9.2 - New Jersey Water Supply Authority Round Valley Fund.
  7. a. The New Jersey Water Supply Authority Round Valley Fund is established as a nonlapsing, special fund in the Department of the Treasury....
• Section 58:1b-10 - Bonds; Resolution; Covenants By Authority And Contracts With Holders
  In any resolution of the authority empowering or relating to the issuance of any bonds the authority, in order to secure the payment of...
• Section 58:1b-11 - Pledge Of Revenues, Moneys, Funds Or Other Property; Lien; Priority Over Other Claimants
  Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when the pledge...
• Section 58:1b-12 - No Personal Liability On Bonds
  Neither the members of the authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by...
• Section 58:1b-13 - Reserves, Funds Or Accounts; Establishment
  The authority may establish such reserves, funds or accounts as may be, in its discretion, necessary or desirable to further the accomplishment of the...
• Section 58:1b-14 - Pledges, Covenants And Agreements With Holders Of Bonds By State
  The State of New Jersey pledges to and covenants and agrees with the holders of any bonds issued pursuant to authority of the act...
• Section 58:1b-15 - Bonds As Legal Investment
  The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings...
• Section 58:1b-16 - Lease, Loan, Grant Or Conveyance Of Real Property By Any Governmental Entity
  Any governmental entity, notwithstanding any contrary provision of law, except any requiring notice or public hearing, is authorized to lease, lend, grant or convey...
• Section 58:1b-17 - Maintenance And Operation Of Projects; Employees
  Every project, when constructed and placed in operation, shall be properly maintained and kept in good condition and repaired by the authority. Every project...
• Section 58:1b-18 - Inapplicability Of Act To Construction, Operation Or Repair Of Retail Water System Or Project
  Nothing in this act shall be construed to authorize or permit the authority to plan, initiate, acquire, construct, maintain, repair or operate any retail...
• Section 58:1b-19 - Establishment And Collection Of Rates, Rents, Fees And Charges; Contracts For Acquisition; Cooperation With Public Or Private Entity For Acquisition Or Construction; Agreements
  The authority may establish and alter rates and charges, and collect rents, fees and charges for water sold from, and for the use of...
• Section 58:1b-20 - Annual Report And Audit
  On or before the last day of February in each year the authority shall make an annual report of its activities for the preceding...
• Section 58:1b-21 - Services By State Agencies; Attorney General As Counsel
  All officers, departments, boards, agencies, divisions and commissions of the State are authorized to render such services to the authority as may be within...
• Section 58:1b-22 - Authority Contracts.
  22. a. The authority is hereby authorized to make and enter into contracts and agreements necessary or incidental to the performance of its duties...
• Section 58:1b-23 - Tax Exemption; Projects And Other Property; Exceptions; Bonds; Exemption From Local Zoning
  a. All projects and other property of the authority is declared to be public property devoted to an essential public and governmental function and...
• Section 58:1b-24 - Transfer Of Water Supply Facilities Element In Division Of Water Resources Of Department Of Environmental Protection To Authority
  The Water Supply Facilities Element in the Division of Water Resources of the Department of Environmental Protection, together with all its functions, powers and...
• Section 58:1b-25 - Transfers In Accordance With State Agency Transfer Act
  The transfer of responsibilities directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1...
• Section 58:2-1 - Payment In The Case Of Diversion Of Surface Water Supplies; Exception
  Every municipality, corporation or private person diverting the waters of streams or lakes with outlets for the purpose of a public water supply shall...
• Section 58:2-2 - Fixing Of Charges For Surface Waters Diverted; Review
  Payment for water diverted as provided in R.S. 58:2-1 shall be deemed to be a license and its amount shall be fixed by the...
• Section 58:2-3 - Certification And Collection Of Amounts Due; Disposition
  The department shall annually certify to the State Comptroller, as soon as practicable after January first, and not later than February fifteenth, the names...
• Section 58:2-4 - Payment In The Case Of Condemnation Of Subsurface, Well Or Percolating Water Supplies
  In the case of the condemnation of subsurface, well or percolating water supplies, there shall be charged by the State a fee of $1.00...
• Section 58:2-5 - Saving Clause
  Nothing in this chapter shall be construed to confer upon any municipality, corporation or person, any franchise not already possessed by said municipality, corporation...
• Section 58:4-1 - Reservoir, Dam Restrictions.
  58:4-1. a. No municipality, corporation or person shall, without the consent of the Commissioner of Environmental Protection, hereafter in this chapter designated as the...
• Section 58:4-2 - Approval Of Plans Of Reservoirs And Dams
  Every municipality, corporation or person, before constructing any reservoir or dam subject to the provisions of this chapter shall apply to the commissioner for...
• Section 58:4-3 - Descriptions, Surveys And Plans Of Existing Reservoirs And Dams
  Every municipality, corporation or person owning and maintaining or having control of any reservoir or dam shall, upon written request therefor, furnish to the...
• Section 58:4-4 - Inspection Of Reservoirs And Dams
  Upon written application by any person owning or representing property liable to be injured or destroyed by the breaking of any reservoir or dam,...
• Section 58:4-5 - Alterations, Additions And Repairs Of Unsafe Reservoirs Or Dams; Duties Of Owner.
  58:4-5. a. An owner or person having control of a reservoir or dam shall: (1)Implement all measures required pursuant to this chapter or the...
• Section 58:4-6 - Enforcement Powers Of Department, Civil, Criminal; Violations, Penalties.
  58:4-6. a. Whenever, on the basis of available information, the Commissioner of Environmental Protection finds that a person has violated any provision of the...
• Section 58:4-8 - Personnel To Conduct Inspections
  The commissioner may, when provided with sufficient funds, employ personnel for the inspection of existing reservoirs and dams and the supervision of the erection...
• Section 58:4-8.1 - Short Title
  This act shall be known and may be cited as the "Safe Dam Act." L.1981, c. 249, s. 1, eff. Aug. 6, 1981.
• Section 58:4-8.2 - Periodic Dam Safety Inspection And Reporting Procedure
  The Commissioner of Environmental Protection shall, by rule, establish a periodic dam safety inspection and reporting procedure, on an annual or longer term basis,...
• Section 58:4-9 - Maintenance Of Existing Reservoirs And Dams; Petition Against Abandonment
  58:4-9. Where a reservoir or dam has been in existence 20 years and the owners of land along the shores above the dam or...
• Section 58:4-10 - Hearing On Petition; Fixing Low-water Mark; Maintenance Expenses
  58:4-10. When a petition has been filed protesting against the removal of any reservoir, water or dam or against the decommissioning of any reservoir...
• Section 58:4-11 - Findings, Declarations Relative To Dam Repair, Lake Dredging And Stream Cleaning.
  1.The Legislature finds and declares that the condition of many dams, lakes, and streams throughout the State has been deteriorating at an alarming rate...
• Section 58:4-12 - "Dam, Lake And Stream Project Fund."
  2. a. There is established in the Department of Environmental Protection a dedicated, nonlapsing fund, designated the "Dam, Lake and Stream Project Fund." Moneys...
• Section 58:4-13 - Annual Report.
  3.On or before October 1, 2001, and on or before October 1 of each succeeding year, the Department of Environmental Protection shall submit a...
• Section 58:4-14 - Archaeological Findings On Reservoir Lands Protected.
  5. a. (1) Except as may be provided pursuant to subsection c. of this section, no person may alter, deface, destroy, disturb, or remove...
• Section 58:4a-4.1 - Responsibilities Of Well Owner, Drilling Contractors, Violations
  2. The owner of any well shall be responsible for having the well sealed in accordance with the rules and regulations of the department...
• Section 58:4a-4.2 - Sealing Of Abandoned Borehole, Well
  3. The department shall have the power to direct the sealing of any abandoned borehole or well not in use, or any well when,...
• Section 58:4a-4.2a - Departmental Discretion To Seal Borehole Well; Treble Damages
  4.If a well is not in use, or if a well is found by the department to endanger or threaten the subsurface or percolating...
• Section 58:4a-4.2b - "Well Sealing Fund" Established
  5.There is established in the Department of Environmental Protection a nonlapsing, revolving fund, to be known as the "well sealing fund." All penalties collected...
• Section 58:4a-5 - Rules, Regulations
  1. The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to...
• Section 58:4a-6 - Requirements For Well Drilling, Pump Installation
  2. a. No person, partnership or corporation shall engage in well drilling or pump installation in this State, except as provided in section 20...
• Section 58:4a-7 - Board Of Well Driller And Pump Installer Examiners Created
  3. A board of nine well driller and pump installer examiners is created, to be appointed by the commissioner, which shall function as an...
• Section 58:4a-8 - "State Well Drillers And Pump Installers Examining And Advisory Board"
  4. The board so appointed shall be designated and known as the "State Well Drillers and Pump Installers Examining and Advisory Board." Each member...
• Section 58:4a-9 - Meetings Of Examining Board
  The board shall meet on the call of the commissioner within 30 days after its members are first appointed and thereafter shall hold at...
• Section 58:4a-10 - Powers, Duties Of Board.
  6.The board shall be vested with the following powers and duties: a.It shall be the duty of the board to recommend and consent to...
• Section 58:4a-11 - Licenses, Issuance; Classifications, Requirements, Rules, Regulations, Standards; Continuing Education Requirements.
  7. a. (1) The department shall, upon recommendation of the board and payment of the required fee, issue new licenses to persons to engage...
• Section 58:4a-12 - Suspension, Revocation Of License; Charges; Hearing; Final Agency Action
  8. The board may, after conducting a hearing, recommend that the commissioner revoke indefinitely or suspend for a period of less than one year...
• Section 58:4a-13 - On-site Supervision Required
  9. a. Any operation on the drilling, boring, coring, driving, jetting, digging, sealing or other construction or repair of wells shall be under the...
• Section 58:4a-14 - Permit Required, Application; Fees
  10. a. (1) Except in the case of an emergency or a general permit, no well requiring a permit shall be constructed until a...
• Section 58:4a-14.1 - Expedited Permit Processing Service, Account Established
  15. a. The department shall establish an expedited permit processing service for well permit applications. This service shall accept properly completed permit applications by...
• Section 58:4a-16 - Licensing Without Examination
  12. The department may license without examination, upon payment of the required license fee, applicants who are duly licensed under the laws of any...
• Section 58:4a-17 - Expiration Of License
  13. Every license issued under the authority of P.L.1947, c.377 (C.58:4A-5 et seq.), unless sooner revoked, shall expire on the thirtieth day of June...
• Section 58:4a-18 - Renewal Of License.
  14. a. No license shall be renewed unless the renewal applicant submits satisfactory evidence to the board that the renewal applicant has successfully completed...
• Section 58:4a-19 - Fee Schedule.
  15. a. (Deleted by amendment, P.L.2005, c.134). b.The department shall adopt, and may periodically amend, by regulation, a fee schedule setting forth reasonable fees...
• Section 58:4a-20 - Powers, Rights Of Department
  16. The department shall have the power to make such inspections and take such samples as may be deemed necessary for the investigation of...
• Section 58:4a-20.1 - Authority Of Master Well Driller
  16. A master well driller shall have the authority to certify that the well, including well pumping equipment and appurtenances thereto, has been constructed...
• Section 58:4a-23 - Definitions Relative To Well Drilling
  19. As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Well" means a hole or excavation larger than a minimum diameter...
• Section 58:4a-24 - Violations, Penalties
  20. a. Any person who shall engage in the trade, business, or calling of a well driller, or who shall operate a well drilling...
• Section 58:4a-27 - Partial Invalidity
  If any part, section, subsection, sentence, clause or phrase of this act shall be held unconstitutional or void for any reason, such decisions shall...
• Section 58:4a-28 - Effective Date
  This act shall take effect immediately, except that section twenty shall be inoperative until ninety days thereafter. L.1947, c. 377, p. 1199, s. 24.
• Section 58:4a-29 - Rules, Regulations
  24.Within 18 months of the effective date of P.L.1995, c.312 (C.58:4A-4.2a et al.), the department shall adopt, in accordance with the "Administrative Procedure Act,"...
• Section 58:4b-1 - Short Title.
  1.This act shall be known, and may be cited, as the "Lake Hopatcong Protection Act." L.2000,c.175,s.1.
• Section 58:4b-2 - Findings, Determinations Relative To Lake Hopatcong.
  2.The Legislature finds that the preservation and enhancement of the natural beauty of the State and the development of natural resources for public recreation...
• Section 58:4b-3 - Lake Hopatcong Commission.
  3.a. There is created, in but not of the Department of Environmental Protection, the Lake Hopatcong Commission, which shall comprise 11 voting members, as...
• Section 58:4b-4 - Organization, Meetings Of Commission.
  4.a. The Lake Hopatcong Commission shall organize as soon as may be practicable after the appointment of its members, and shall elect a secretary...
• Section 58:4b-5 - Powers Of Commission.
  5.The Lake Hopatcong Commission shall have power to: a.sue and be sued; b.adopt bylaws for the regulation of its affairs and the conduct of...
• Section 58:4b-6 - Duties, Responsibilities Of Commission.
  6.The duties and responsibilities of the Lake Hopatcong Commission shall be to: a.conduct water quality and water quantity monitoring of Lake Hopatcong to assess...
• Section 58:4b-7 - Development Of Stormwater, Nonpoint Source Pollution Management Plan.
  7.The Lake Hopatcong Commission shall, in conjunction with each Lake Hopatcong municipality, develop a stormwater and nonpoint source pollution management plan for the region....
• Section 58:4b-8 - Reports To Commission, Notices, Consultations, By State Agencies.
  8. a. The Division of State Police in the Department of Law and Public Safety, with respect to State boating laws, the Division of...
• Section 58:4b-9 - Notice Of Amendments, Revisions To Municipal Master Plans.
  9.Each municipality represented on the commission shall provide the commission notice of proposed amendments and revisions to municipal master plans, zoning and other ordinances...
• Section 58:4b-10 - Progress Report By Commission.
  10.The Lake Hopatcong Commission shall, within 18 months after the date it organizes, prepare a progress report on its activities, and submit it, together...
• Section 58:4b-11 - Lake Hopatcong Regional Planning Board Abolished.
  11. a. The Lake Hopatcong Regional Planning Board is abolished. b.All files, papers, and records of the Lake Hopatcong Regional Planning Board are transferred...
• Section 58:4b-12 - Allocation, Expenditure Of Funds.
  12.Notwithstanding any provision of law, rule, or regulation to the contrary, any State or federal funds appropriated, allocated, or designated by law, rule, regulation,...
• Section 58:4b-13 - Appropriations; Annual Budget Requests.
  13.There is appropriated from the General Fund to the Lake Hopatcong Commission the sum of $3,000,000 to pay for startup costs and to carry...
• Section 58:5-1 - State Divided Into Two Water Supply Districts; Laws Applicable
  The North Jersey water supply district, consisting of the counties of Sussex, Warren, Hunterdon, Passaic, Morris, Monmouth, Somerset, Bergen, Hudson, Essex, Union and Middlesex,...
• Section 58:5-2 - Petition For Appointment Of Water Supply Commission
  The body having charge of the water supply in any municipality may, by resolution, determine that it is in the interests of the municipality...
• Section 58:5-3 - Appointment Of Commissioners; Terms; Vacancies.
  58:5-3. The governor shall, by and with the advice and consent of the senate, appoint a commission consisting of seven members who shall be...
• Section 58:5-4 - Salaries Of Commissioners
  Each commissioner shall receive a salary at the rate of fifteen hundred dollars per annum from the time of appointment until the execution of...
• Section 58:5-5 - Name Of Commissions
  The commission appointed for the North Jersey water supply district shall be known as the North Jersey district water supply commission, and the commission...
• Section 58:5-6 - Organization Of Commission; Secretary And Employees
  Each said commission shall, as soon as may be after its appointment and qualification, and annually thereafter, organize by the choice of one of...
• Section 58:5-7 - Body Corporate; Powers
  Each said commission, when duly organized, shall be deemed to be and shall become a body corporate with power to sue and be sued,...
• Section 58:5-7.1 - Acceptance Of Federal Grants Authorized
  The commission for itself or in behalf of its participating municipalities is authorized to accept grants of funds, grants of material and property from...
• Section 58:5-8 - Accounts; Report
  Said commission shall keep accurate accounts of all receipts and disbursements, and shall make an annual report thereof to each of the municipalities with...
• Section 58:5-9 - Petition Of Municipality For Water Supply; Preliminary Estimate Of Cost
  The board having charge of the water supply of any municipality in a water supply district for which a commission has been appointed as...
• Section 58:5-10 - Hearing On Proposition; Notice
  Upon the filing of such petition, the district water supply commission shall, after obtaining the consent of the state water policy commission, or its...
• Section 58:5-11 - Other Municipalities May Join
  Upon said hearing any municipality appearing may signify its desire to acquire such existing water supply or to obtain such new or additional water...
• Section 58:5-12 - Plans For Water Supply; Estimated Cost; Report; Form Of Contract.
  58:5-12. The district water supply commission shall thereupon proceed to formulate plans for obtaining a water supply or a new or additional water supply...
• Section 58:5-13 - Action Of Municipality On Contract; Time; Extension
  With the submission of its preliminary report and form of contract to the municipalities interested, the commission shall notify the municipalities of a time,...
• Section 58:5-14 - Redrafted Contract; Submission; Resubmission
  If such suggested modifications, the failure of any municipality to signify its acceptance of the contract, or the withdrawal of any municipality from further...
• Section 58:5-15 - Duties Of Municipalities Upon Acceptance Of Contract; Failure Of Municipality To Act
  When said final form of contract shall have been accepted by all of the municipalities which are parties thereto, each of the municipalities shall...
• Section 58:5-16 - Powers Of Commission In Carrying Out Contracts
  Upon the execution of said contract, the district water supply commission shall forthwith proceed to carry out the same. For such purpose the commission...
• Section 58:5-17 - Condemnation; Proceedings Upon Refusal Of Money Tendered For Property Taken; Payment Into Court; Withdrawal
  Any district water supply commission instituting an action for the acquisition of land or other property under and by virtue of the provisions of...
• Section 58:5-18 - Construction Of Pipe Lines And Reservoirs; Change Of Grade Or Location Of Streets, Canals And Railroads; Condemnation
  The commission may construct water mains or pipe lines for the purposes provided for in this chapter along, under and over any watercourse, or...
• Section 58:5-19 - Acquisition From Canal Corporations Of Water Rights For Reservoirs; Condemnation
  If the commission decides to construct any reservoir which may intercept or interfere with the flow of waters that may be part of the...
• Section 58:5-20 - Commission Contracts
  a. Whenever any work to be performed or material to be furnished involves an expenditure exceeding $7,500.00 or the amount determined pursuant to subsection...
• Section 58:5-21 - Conveyance Of Distribution Or Water Plant To Municipality
  If the commission acquires any part or all of any distribution or water plant, it may convey the same to the municipality in which...
• Section 58:5-22 - Payment By Municipalities Of Cost Of Construction Or Acquisition Of Water Supply
  The cost of the construction or acquisition of said water supply shall be borne by the contracting municipalities in proportion to the amount of...
• Section 58:5-23 - Payment Of Cost Of Operation; Apportionment; Payment In Advance
  After the actual completion of the plant and the commencement of the actual supply of water therefrom, the expenses of the commission and its...
• Section 58:5-24 - Control Of Plant After Completion
  Upon the completion of such water supply plant, works and appurtenances, the commission shall retain and have sole control and charge of the same,...
• Section 58:5-25 - Petition Of Municipality For Water; Notice; Hearing
  Any municipality desiring to take water from any plant constructed, acquired or operated, or which is in course of construction or acquisition, by any...
• Section 58:5-26 - Contract With Municipality Applying For Water; Payments
  After such hearing, the commission, if the water supply under its control is adequate for the supply of the applying municipality, may contract with...
• Section 58:5-26.1 - Customers Of District Water Supply Commission, Electronic Billing, Payment Permitted.
  9.Upon the request of a customer, a district water supply commission may: a.offer the customer the ability to receive or access, in electronic format,...
• Section 58:5-27 - Consent For Obtaining New Or Additional Water Supply
  No municipality within a water supply district for which a commission has been appointed as provided in this chapter shall, without the consent of...
• Section 58:5-28 - Contracting Municipalities May Borrow Money; Issue Of Bonds And Notes
  Each municipality entering into a contract with a district water supply commission as provided in this chapter may borrow upon its bonds, or upon...
• Section 58:5-29 - No State Indebtedness Authorized
  Nothing in this chapter contained shall be construed to authorize any district water supply commission to incur any indebtedness on behalf of the state...
• Section 58:5-30 - Repeal Of Certain Laws; Saving Clause
  All acts and parts of acts passed prior to March sixteenth, one thousand nine hundred and sixteen, granting to the state water supply commission...
• Section 58:5-31 - Short Title
  This act shall be known as and may be cited as the "water transmission facilities act." L.1962, c. 167, s. 1.
• Section 58:5-32 - Legislative Findings
  The Legislature hereby finds that: (a) the State has heretofore acquired certain real property for the purpose of providing additional supplies of water which...
• Section 58:5-33 - Public Policy
  It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
• Section 58:5-34 - Definitions
  As used in this act, the following words and terms shall have the following meanings, unless the context indicates another or different meaning or...
• Section 58:5-35 - Commissions Public Corporations
  The North Jersey district water supply commission shall continue to be, and the South Jersey district water supply commission when appointed shall be, a...
• Section 58:5-36 - Powers
  A commission shall have the power in its own name and on its own behalf, to acquire, hold, use and dispose of its revenues...
• Section 58:5-36.1 - Participation In Oakland Flood Protection Project.
  1.The North Jersey district water supply commission shall have the authority to participate in the Oakland Flood Protection Project at the Pompton Lake Dam,...
• Section 58:5-36.2 - Defense, Indemnification Of North Jersey District Water Supply Commission.
  2.The State of New Jersey shall defend and indemnify the North Jersey district water supply commission and any of its members, officers, or employees...
• Section 58:5-37 - Contracts With Municipalities Relating To Water Transmission Facilities
  Subject to the provisions of the water supply law, but notwithstanding the provisions of any other law, a commission and any municipality or municipalities...
• Section 58:5-38 - Appropriation Of Funds By Municipality
  Any municipality shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the commission, and to pay,...
• Section 58:5-39 - Property Held By A Commission Under The Original Act Not Subject To Certain Claims
  No trustee or receiver appointed under this act, and no holder of any bond or coupon or other obligation issued pursuant to this act,...
• Section 58:5-40 - Annual Budgets And Apportionment Of Expenses
  (a) A commission shall cause to be prepared, not later than December 31 of each year, a separate annual budget for the operating expenses...
• Section 58:5-41 - Sale Of Unused Water By A Commission
  (a) A commission shall have power to sell any unused water to any municipality or person for the account of any contracting municipality or...
• Section 58:5-42 - Control Of Project After Payment Of Bonds
  After all bonds issued by a commission to finance the acquisition of a project, and all obligations to the holders of any such bonds,...
• Section 58:5-43 - Bond Resolution
  For the purpose of raising funds to pay the cost of any part of any project or for the purpose of funding or refunding...
• Section 58:5-44 - Issuance Of Bonds
  Upon adoption of a bond resolution, a commission shall have power to incur indebtedness, borrow money and issue its bonds (including bonds to be...
• Section 58:5-45 - Sale Of Bonds
  Bonds of a commission may be sold by the commission at public or private sale at such price or prices as the commission shall...
• Section 58:5-46 - Publication Of Bond Resolution; Limitation On Actions
  A commission may cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and in...
• Section 58:5-47 - Negotiability Of Bonds
  Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within...
• Section 58:5-48 - Agreements With Holders Of Bonds
  Any bond resolution of a commission providing for or authorizing the issuance of any bonds may contain provisions, and such commission, in order to...
• Section 58:5-49 - Trustees For Bondholders
  (1) If the bond resolution of a commission authorizing or providing for the issuance of a series of its bonds shall provide in substance...
• Section 58:5-50 - Receivers; Powers
  If the bond resolution of a commission authorizing or providing for the issuance of a series of its bonds shall provide in substance that...
• Section 58:5-51 - Liability On Bonds
  Neither the members of the commission nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by...
• Section 58:5-52 - Real Property; Acquisition
  (1) In addition to the powers granted to it by the provisions of the original act, to acquire or use for its purposes land...
• Section 58:5-53 - Limitations On Mortgage And Sale Of Facilities
  Neither a commission nor any contracting municipality shall have power to mortgage, pledge, encumber or otherwise dispose of any part of a water transmission...
• Section 58:5-54 - Investment In Bonds Of A Commission
  Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
• Section 58:5-55 - Tax Exemption Of Interest And Revenues
  All bonds of a commission are hereby declared to be issued by a political subdivision of this State and for an essential public and...
• Section 58:5-56 - Pledge Of State To Bondholders
  The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds of a commission that the...
• Section 58:5-57 - Construction
  This act shall be construed liberally to effectuate the legislative intent and purpose and as complete and independent authority for the performance of every...
• Section 58:5-58 - Severability Clause
  If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or be ineffective in whole or in part, to the...
• Section 58:5a-1 - Establishment Of Constabulary Authorized
  Any district water supply commission owning, operating, controlling and maintaining any watershed property, reservoir and water system within this State and the governing body...
• Section 58:5a-2 - Separate Police System; Civil Service
  Said constabulary shall be organized into a police system to be known as the " Watershed Police," which shall be separate and distinct from...
• Section 58:5a-3 - Rules And Regulations; Penalties
  The commission or the governing body of such municipality, as the case may be, may make, alter, amend and repeal rules and regulations for...
• Section 58:5a-4 - Service Of Process; Arrest Of Persons Violating Rules And Regulations
  The members and officers of the said constabulary may make service of summons or any other legal process, and may arrest on view and...
• Section 58:5a-5 - Temporary Assignment To Enforce Anti-pollution Laws
  Any member or officer of any constabulary created hereunder may, at the option of the commission or the governing body of such municipality so...
• Section 58:10-23.11 - Short Title
  This act shall be known and may be cited as the "Spill Compensation and Control Act." L.1976, c. 141, s. 1.
• Section 58:10-23.11a - Findings And Declarations
  2.The Legislature finds and declares: that New Jersey's lands and waters constitute a unique and delicately balanced resource; that the protection and preservation of...
• Section 58:10-23.11b - Definitions.
  3.Unless the context clearly indicates otherwise, the following terms shall have the following meanings: "Act of God" means an act exclusively occasioned by an...
• Section 58:10-23.11c - Hazardous Substance Discharge Prohibited; Exceptions
  4. The discharge of hazardous substances is prohibited. This section shall not apply to discharges of hazardous substances pursuant to and in compliance with...
• Section 58:10-23.11d1 - Definitions
  As used in this act: "Major facility" has the same meaning as set forth in section 3 of P.L.1976, c.141 (C.58:10-23.11b); "Transmission pipeline" means...
• Section 58:10-23.11d2 - Submission Of Discharge Prevention, Control And Countermeasure Plan
  a. Each owner or operator of a major facility or a transmission pipeline shall submit to the Department of Environmental Protection a discharge prevention,...
• Section 58:10-23.11d3 - Submission Of Discharge Response, Cleanup And Removal Contingency Plan
  a. Each owner or operator of a major facility or transmission pipeline shall submit to the Department of Environmental Protection a discharge response, cleanup,...
• Section 58:10-23.11d4 - Renewal Of Plans
  Each DPCC plan and contingency plan shall be renewed every five years with the department unless the department requires a more frequent submission. Applications...
• Section 58:10-23.11d5 - Retention Of Evidence Of Financial Responsibility Of Cleanups.
  The owner or operator of a major facility or transmission pipeline shall, at all times, retain on file with the department evidence of financial...
• Section 58:10-23.11d6 - Regulation Of Submitted Plans, Renewals, Amendments
  The department shall prescribe, by regulation, the manner, form and contents of the plans, renewals, amendments, and other submissions required to be filed pursuant...
• Section 58:10-23.11d7 - Filing Of Plans With Local Emergency Prevention Or Planning Committees
  A copy of a DPCC plan and contingency plan, or plan renewal, and all plan amendments shall be filed by the owner or operator...
• Section 58:10-23.11d8 - Distribution Of Submission, Filing Of Plans
  The owner or operator of a major facility or transmission pipeline who has on file with the department as of the date of adoption...
• Section 58:10-23.11d9 - Review Of Plans Filed
  a. Except as otherwise provided in subsection b. of this section, the department shall, as soon as practicable, but not later than six months...
• Section 58:10-23.11d10 - Report Of Unauthorized Discharge, System Malfunction
  a. The owner or operator of a major facility or transmission pipeline shall immediately report any unauthorized discharge occurring at the major facility or...
• Section 58:10-23.11d11 - Compliance With Construction, Performance Standards
  a. On or after the effective date of this act, any new, or substantial modification or replacement of an existing, above-ground storage tank or...
• Section 58:10-23.11d12 - Inspection Of Facility Required
  The owner or operator of a major facility or transmission pipeline shall visually inspect, or cause to be visually inspected, at least once each...
• Section 58:10-23.11d13 - Maintenance Of Records
  The owner or operator of a major facility or transmission pipeline shall maintain at the major facility, or in the case of a transmission...
• Section 58:10-23.11d14 - Rules, Regulations
  Within one year of the effective date of P.L.1990, c.78 (C.58:10-23.11d1 et al.), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968,...
• Section 58:10-23.11d15 - Compliance Not Deemed Defense
  Compliance with any standard or plan required to be submitted or adopted pursuant to P.L.1990, c.78 (C.58:10-23.11d1 et al.) shall not be deemed a...
• Section 58:10-23.11d16 - Submission Of Status Report
  Eighteen months after the adoption of regulations pursuant to section 14 of P.L.1990, c.78 (C.58:10-23.11d14) the department shall prepare and submit to the Senate...
• Section 58:10-23.11d17 - Maps Filed With Dep Before June 5, 1998 Under P. L. 1990, C.78
  4.Notwithstanding the provisions of section 6 of P.L.1990, c.78 (C.58:10-23.11d6) or any other law, rule or regulation to the contrary, the Department of Environmental...
• Section 58:10-23.11e - Person Responsible For Discharge; Notice To Department
  Any person who may be subject to liability for a discharge which occurred prior to or after the effective date of the act of...
• Section 58:10-23.11e1 - Hazardous Discharge By Aircraft To Be Reported
  Whenever an aircraft discharges fuel into the airspace over the land or waters of this State, the operator shall note the amount of fuel...
• Section 58:10-23.11e2 - Publication Of Information Relative To Contribution Suit Settlement.
  2.At least 60 days prior to its agreement to any administrative or judicially approved settlement entered into pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.),...
• Section 58:10-23.11f - Cleanup And Removal Of Hazardous Substances.
  7. a. (1) Whenever any hazardous substance is discharged, the department may, in its discretion, act to clean up and remove or arrange for...
• Section 58:10-23.11f1 - Illumination For Non-daylight Hazardous Substance Transfers
  An owner or operator of a refinery, storage, transfer terminal, or pipeline facility, or a vessel that transports a hazardous substance, shall provide during...
• Section 58:10-23.11f2 - Transfer Of Hazardous Liquids Regulated
  a. On the 31st day following the adoption of rules and regulations pursuant to section 5 of this act, no owner or operator of...
• Section 58:10-23.11f3 - Identification Of Hazardous Liquids; Use Of Containment Device; Prevention, Response Measures
  a. The department shall identify individual or categories or classes of hazardous liquids, or the circumstances of a transfer of a hazardous liquid for...
• Section 58:10-23.11f4 - County, Municipal Ordinances Etc., Superseded
  Any ordinance, resolution, or regulation of a county or municipality inconsistent with the provisions of this act, including rules and regulations adopted hereunder, shall...
• Section 58:10-23.11f5 - Violations, Penalties
  Any person violating the provisions of this act shall be subject to the penalty and injunctive relief provisions of section 22 of P.L.1976, c.141...
• Section 58:10-23.11f6 - Rules, Regulations
  Within one year of the effective date of this act, the department shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
• Section 58:10-23.11f7 - Use Of New Jersey Spill Compensation Fund Monies For Program Costs
  The department may use monies from the New Jersey Spill Compensation Fund, as authorized pursuant to paragraph (2) of subsection b. of section 9...
• Section 58:10-23.11f8 - Short Title
  1. This act shall be known and may be cited as the "Hazardous Substance Response Action Contractors Indemnification Act." L.1991,c.373,s.1; per s.22, section expired...
• Section 58:10-23.11f9 - Findings And Declarations
  2. The Legislature finds and declares that it is the public policy of this State to safely and expeditiously handle, treat, remove and dispose...
• Section 58:10-23.11f10 - Definitions
  3. As used in this act: "Department" means the Department of Environmental Protection. "Division" means the Division of Purchase and Property within the Department...
• Section 58:10-23.11f11 - Indemnification Of The Contractor; Conditions
  4. As part of a response action contract awarded by or on behalf of the department, the department may agree to defend and indemnify...
• Section 58:10-23.11f12 - Indemnification Agreements
  5. a. An indemnification agreement entered into between the State and a response action contractor shall specify and allocate the responsibility of the parties...
• Section 58:10-23.11f13 - Initiation Of Defense And Indemnification, Cooperation
  6. A contractor shall not, except for good and substantial cause, be entitled to legal defense and indemnification by the Attorney General pursuant to...
• Section 58:10-23.11f14 - Notice Of Claim, Periods Of Limitations
  7. a. Notwithstanding the provision of any other law to the contrary, a person shall be barred from recovering against a response action contractor...
• Section 58:10-23.11f15 - Representation Other Than By Attorney General; Intervention
  8. a. In the event the Attorney General determines that (1) appearing and defending a contractor pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.) involves...
• Section 58:10-23.11f16 - Submission Of Judgment To Attorney General
  9. A certified copy of any judgment or settlement entered into pursuant to section 8 of P.L.1991, c.373 (C.58:10-23.11f15) shall be submitted to the...
• Section 58:10-23.11f17 - Award For Damages
  10. A judgment or settlement against a contractor, where indemnification is provided shall be subject to such applicable limitations or conditions as are set...
• Section 58:10-23.11f18 - Subrogation; Construction With Other Law
  11. a. The State is subrogated to any rights of a claimant paid by the State for an indemnified claim or judgment, including court...
• Section 58:10-23.11f19 - Performance Surety Bond
  17. a. When hazardous substance remediation is to be undertaken under contract with the department, and a surety bond is required pursuant to N.J.S.2A:44-143,...
• Section 58:10-23.11f20 - Rules, Regulations
  19. Within 120 days of the effective date of this act, the State Treasurer and the Attorney General as necessary shall, pursuant to "Administrative...
• Section 58:10-23.11f22 - Owners Of Certain Contaminated Real Property, Immunity From Liability.
  1. a. The provisions of any other law, or any rule or regulation adopted pursuant thereto to the contrary notwithstanding, a person, who owns...
• Section 58:10-23.11g - Liability For Cleanup And Removal Costs.
  8. a. The fund shall be strictly liable, without regard to fault, for all cleanup and removal costs and for all direct and indirect...
• Section 58:10-23.11g1 - Hazardous Discharge Cleanup Liability
  1. The provisions of P.L. 1976, c. 141 (C. 58:10-23.11 et seq.), or any other law, rule or regulation to the contrary notwithstanding, the...
• Section 58:10-23.11g2 - Owners, Operators Of Vessels Shall Assure Financial Resources For Cleanup Costs, Enforcement
  The owners and operators of vessels shall establish and maintain evidence of financial responsibility for the purpose of assuring adequate financial resources to pay...
• Section 58:10-23.11g3 - No Liability For Cleanup And Removal Costs For Actions Taken With Respect To Discharge Of Petroleum
  1. a. Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g) or any other law, including common law, to the contrary, a person...
• Section 58:10-23.11g4 - Definitions
  1.For purposes of sections 1 through 5 of P.L.1993, c.112 (C.58:10-23.11g4 through 58:10-23.11g8): "Active participation in the management" or "participation in the management" means...
• Section 58:10-23.11g5 - Liability For Cleanup Costs, Damages
  2. A person who maintains indicia of ownership of a vessel, facility, or underground storage tank facility primarily to protect a security interest in...
• Section 58:10-23.11g6 - Status And Liability Of Holders After Foreclosure
  3.The indicia of ownership, held after foreclosure, continue to be maintained primarily as a protection for a security interest provided that the holder did...
• Section 58:10-23.11g7 - Departmental Rights Retained; Violations, Penalties
  4. a. Nothing in sections 1 through 5 of P.L.1993, c.112 (C.58:10-23.11g4 through 58:10-23.11g8) shall be deemed to prohibit or limit the rights of...
• Section 58:10-23.11g8 - Environmental Inspection Not Required
  5. Nothing in sections 2 through 4 of this act shall be construed to require a holder of a security interest to conduct or...
• Section 58:10-23.11g8a - Compliance Not Required; Loss Of Exemption
  33. A holder of an interest in an underground storage tank shall not be required to comply with the provisions of P.L.1986, c.102 (C.58:10A-21...
• Section 58:10-23.11g9 - Obligations Of Trusts, Estates
  6. In the event of the discharge of a hazardous substance from a vessel, facility, or underground storage tank facility, which vessel, facility ,...
• Section 58:10-23.11g10 - Discharges On Certain Public Property; Definitions
  1. a. As used in this section: "Governmental unit" means the State, a municipality, county, or other political subdivision of the State, or any...
• Section 58:10-23.11g11 - Immunity From Liability For Certain Discharges
  6.Any person who has a defense to liability pursuant to paragraphs (2) and (5) of subsection d. of section 8 of P.L.1976, c.141 (C.58:10-23.11g)...
• Section 58:10-23.11g12 - Exemption From Liability For Cleanup And Removal Costs, Certain; Limitations.
  2. a. (1) Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g), any rule or regulation adopted pursuant thereto, or any other law...
• Section 58:10-23.11h - Imposition Of Tax; Measurement; Amount; Return; Filing; Failure To File, Penalty; Presumptive Evidence; Powers Of Director.
  9. a. There is hereby levied upon each owner or operator of one or more major facilities a tax to insure compensation for cleanup...
• Section 58:10-23.11h1 - List Of Major Facilities
  a. The Department of Environmental Protection shall compile a list of facilities which, based on all information made available to or collected by the...
• Section 58:10-23.11h2 - List Of Facilities For Nonpetroleum Products
  The department shall compile a list of facilities which, based on all information made available to or collected by the department pursuant to any...
• Section 58:10-23.11i - Spill Compensation Fund
  The New Jersey Spill Compensation Fund is hereby established as a nonlapsing, revolving fund in the department to carry out the purposes of this...
• Section 58:10-23.11j - Administrator
  The commissioner shall appoint and supervise an administrator of the fund. The administrator shall be the chief executive of the fund and shall have...
• Section 58:10-23.11j1 - Transfer To Environmental Protection
  a. Except as otherwise provided by this amendatory and supplementary act, all the functions, powers and duties of the administrator in the Department of...
• Section 58:10-23.11j2 - Moneys Transferred
  After consultation between the commissioner and the State Treasurer, all relevant appropriations, grants and other moneys available to the administrator in the Department of...
• Section 58:10-23.11j3 - Transfer Of Employees
  After consultation between the commissioner and State Treasurer, the employees of the administrator, including the administrator, in the Department of the Treasury may be...
• Section 58:10-23.11j4 - Substitution
  Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the administrator in the Department...
• Section 58:10-23.11j5 - Pending Proceedings Unaffected
  This amendatory and supplementary act shall not affect actions or proceedings, civil or criminal, brought by or against the administrator in the Department of...
• Section 58:10-23.11j6 - "Agency Transfer Act" Applicable
  The transfers directed by this amendatory and supplementary act, except as otherwise provided herein, shall be made in accordance with the "State Agency Transfer...
• Section 58:10-23.11j7 - Services Of Other State Agencies
  In order to effectuate the purposes of this act, the Department of Environmental Protection may call to its assistance and avail itself of the...
• Section 58:10-23.11k - Claims; Limitations; Forms And Procedures; False Information; Misdemeanor; Notice
  Claims shall be filed with the administrator not later than one year after the date of discovery of damage. The administrator shall prescribe appropriate...
• Section 58:10-23.11k1 - Claim For Cost Recovery Filed By Local Unit
  If a local unit files a claim pursuant to section 12 of P.L.1976, c.141 (C. 58:10-23.11k) seeking to recover cleanup, removal and related costs...
• Section 58:10-23.11l - Settlement Between Claimant And Alleged Discharger
  The administrator shall attempt to promote and arrange a settlement between the claimant and the person responsible for the discharge. If the source of...
• Section 58:10-23.11m - Settlement Of Claim Against Fund
  If the source of the discharge is unknown or cannot be determined, the claimant and the administrator shall attempt to arrange a settlement of...
• Section 58:10-23.11n - Boards Of Arbitration
  a. Boards of arbitration shall be convened by the administrator when persons alleged to have caused the discharge, the administrator or other persons contest...
• Section 58:10-23.11o - Disbursement Of Moneys From Fund; Purposes
  16. a. Moneys in the New Jersey Spill Compensation Fund shall be disbursed by the administrator for the following purposes and no others: (1)...
• Section 58:10-23.11q - Payment Of Cleanup Costs Or Damages Arising From Single Incident
  Payment of any cleanup costs or damages by the fund arising from a single incident shall be conditioned upon the administrator acquiring by subrogation...
• Section 58:10-23.11r - Awards In Excess Of Current Balance Of Fund; Payment On Pro Rata Basis; Priorities
  In the event that the total awards for a specific occurrence exceed the current balance of the fund, the immediate award shall be paid...
• Section 58:10-23.11s - Actions Against Bond, Insurer Or Other Person Providing Evidence Of Financial Responsibility
  Any claims for costs of cleanup, civil penalties or damages by the State, and any claim for damages by any injured person, may be...
• Section 58:10-23.11t - Rules And Regulations
  The commissioner, the State Treasurer and the director, respectively, are authorized to adopt, amend, repeal, and enforce such rules and regulations pursuant to the...
• Section 58:10-23.11u - Violations; Remedies; Enforcement
  a. (1) Whenever, on the basis of available information, the department determines that a person is in violation of a provision of P.L.1976, c.141...
• Section 58:10-23.11u1 - Additional Civil Penalties
  In addition to the penalties, charges, or other liabilities imposed pursuant to the provisions of P.L.1976, c.141 (C.58:10-23.11 et seq.), any person whose intentional...
• Section 58:10-23.11v - Inapplicability Of Act To Pursuit Of Other Remedy; Double Compensation For Same Damages Or Costs; Prohibition
  Nothing in this act shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies provided...
• Section 58:10-23.11w - Severability
  If any section, subsection, provision, clause or portion of this act is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder...
• Section 58:10-23.11x - Liberal Construction
  This act, being necessary for the general health, safety, and welfare of the people of this State, shall be liberally construed to effect its...
• Section 58:10-23.11y - Annual Report
  The commissioner shall make an annual report to the Legislature and Governor, which shall describe the quality and quantity of spills of hazardous substances,...
• Section 58:10-23.11y1 - Annual Report
  The department shall annually submit a written report to the Senate Energy and Environment Committee and to the Assembly Environmental Quality Committee, or their...
• Section 58:10-23.11z - Recommendations For Amendments To This Act To Conform With Federal Legislation
  If the United States Congress enacts legislation providing compensation for the discharge of petroleum and hazardous products, the commissioner shall determine to what degree...
• Section 58:10-23.12 - Legislative Findings And Declarations
  The Legislature finds and declares that the incidence of hazardous waste discharges into the environment is increasing at an alarming rate; that public concern...
• Section 58:10-23.13 - Hazardous Waste Health Care Task Force; Establishment; Duties
  There is established within the Division of Epidemiology and Disease Control in the Department of Health a Hazardous Waste Health Care Task Force. It...
• Section 58:10-23.14 - Rules And Regulations
  The Commissioner of Health shall, within 45 days of the effective date of this supplementary act and in accordance with the provisions of the...
• Section 58:10-23.15 - Definitions
  As used in this act: a. "Department" means the Department of Environmental Protection. b. "Hazardous discharge" means a discharge of hazardous substances as defined...
• Section 58:10-23.16 - Database Listing Known Hazardous Discharge Sites, Cases, Areas Of Concern; Ranking System.
  2.The department shall prepare and maintain a database that lists all known hazardous discharge sites, cases, and areas of concern. The database shall comprise...
• Section 58:10-23.17 - Procedure For Preparation And Adoption
  The department shall prepare and adopt a master list as follows, the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et...
• Section 58:10-23.18 - Removal And Cleanup Of Hazardous Discharge Site By Municipality; Reimbursement Of Costs
  Any governing body of a municipality, which, after receiving approval from the department, removes and cleans up, or causes to be removed and cleaned...
• Section 58:10-23.19 - Plan For Cleanup And Removal By Municipality; Submission To And Disposition By Department
  a. The governing body of any municipality which intends to remove or clean up a hazardous discharge site included on the master list shall...
• Section 58:10-23.20 - Legislative Findings And Declarations
  The Legislature finds and declares that: a. The recognition of the threat of serious, and in some cases irreversible, environmental pollution by toxic chemicals...
• Section 58:10-23.21 - Definitions
  As used in this act: a. "Department" means the Department of Environmental Protection; b. "Hazardous discharge" means a discharge of hazardous substances as defined...
• Section 58:10-23.24 - Hazardous Substance Contingency Response Master Plan.
  5.The department shall adopt, within 10 months of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
• Section 58:10-23.25 - Short Title
  This act shall be known and may be cited as the "Clean Ocean Act." L.1971, c. 177, s. 1, eff. June 1, 1971.
• Section 58:10-23.26 - Legislative Findings
  The Legislature finds and determines that the ocean off the coast of the State is being used increasingly for the disposal of wastes, including...
• Section 58:10-23.27 - Definitions
  For the purposes of this act unless the context clearly indicates another meaning: a. "Commissioner" means the Commissioner of Environmental Protection; b. "Department" means...
• Section 58:10-23.28 - Loading Of Vessels With Materials Disposable At Sea; Rules And Regulations
  The commissioner shall have the power to formulate and promulgate, amend and repeal rules and regulations preventing, conditioning and controlling the loading of a...
• Section 58:10-23.29 - Loading Of Vessels Or Handling Of Materials For Disposition At Sea; Permit; Fees For Services
  a. The commissioner may by rule or regulation require that the person responsible for the loading of a vessel or the handling of materials...
• Section 58:10-23.30 - Injunctive Relief; Penalties
  6. If any person violates any of the provisions of this act, or any rule or regulation promulgated pursuant to the provisions of this...
• Section 58:10-23.31 - Powers, Duties And Functions Under Other Laws; Effect Of 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 58:10-23.32 - 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 58:10-23.33 - Construction Of Act
  This act shall be liberally construed to effectuate the purpose and intent thereof. L.1971, c. 177, s. 9, eff. June 1, 1971.
• Section 58:10-23.34 - Hazardous Discharge Site Cleanup Fund
  a. There is established in the Department of Environmental Protection a fund to be known as the "Hazardous Discharge Site Cleanup Fund." All interest...
• Section 58:10-24 - Definitions
  As used in this article: "Commission" means the state commissioners of water supply appointed under chapter one hundred and eighty-nine, laws of one thousand...
• Section 58:10-25 - Pipe Lines Across Fresh Water
  No pipe line shall be constructed across any fresh water streams of this state except in the manner to be approved by the commission.
• Section 58:10-26 - Reconstruction Or Removal Of Pipe Line
  Any pipe line so constructed that there is danger of the escape of its contents into any fresh water streams of this state shall...
• Section 58:10-27 - Action By Commission To Prevent Escape Of Pipe Line Contents; Notice
  The commission, if in its opinion any pipe line is so constructed that there is danger of the escape of the contents thereof into...
• Section 58:10-28 - Notice Of Decision Of Commission
  If, after having afforded the owners or users of such pipe line an opportunity to be heard on such notice, the commission decides that...
• Section 58:10-29 - Specifications For Reconstruction Of Pipe Line
  Within fifteen days after service of notice of the decision, the owners or users of such pipe line shall submit to the commission written...
• Section 58:10-30 - Removal Of Pipe Line On Failure To Reconstruct
  The reconstruction, in the manner approved by the commission, of the portion of such pipe line specified in its decision, shall be begun within...
• Section 58:10-31 - Right Of Commission To Enter Upon Lands; Damages
  For the purpose of removing or causing the removal of the pipe line as aforesaid, the commission may enter upon any lands, bridges or...
• Section 58:10-32 - Review Of Commission's Decisions
  Any order, decision, judgment or proceeding of the commission under the provisions of this article may be reviewed by the Superior Court by a...
• Section 58:10-33 - Remedy For Injury To Waters By Pipe Line
  In any case where, by the rupture or leakage of a pipe line, injury is done to any fresh water of this State, the...
• Section 58:10-34 - Unlawful Construction Or Maintenance Of Pipe Line; Penalty
  Any owner or user of a pipe line who shall construct or maintain the same across any fresh water stream of this state, except...
• Section 58:10-35 - Damages For Breakage Or Leakage Of Pipe Line
  Nothing shall be so construed in this article as to relieve the owners or users of pipe lines from liability for damages which may...
• Section 58:10-35.1 - Permit Required
  No person shall drill, bore, drive, dig, or otherwise conduct any operation for the purpose of obtaining access to a pocket or other underground...
• Section 58:10-35.2 - Rules And Regulations; Restrictions In Permits; Violations
  The said commissioner shall prescribe rules and regulations to effectuate the provisions of this act and any such permit may contain such restrictions as...
• Section 58:10-35.3 - Application For Permit; Map
  Every application for a permit shall be accompanied by not less than two copies of an accurate map prepared by a competent engineer or...
• Section 58:10-35.4 - Application Of Act
  The provisions of this act shall be applicable to any operation of drilling, boring, driving or digging heretofore commenced, as well as to any...
• Section 58:10-46 - Definitions
  As used in this act: "Department" means the Department of Environmental Protection; "Federal act" means the "Hazardous Liquid Pipeline Safety Act of 1979," 49...
• Section 58:10-47 - Adoption Of Regulations Requiring Registration Of Pipeline Facility
  Within 18 months of the effective date of this act, the department shall adopt regulations requiring that the owner or operator of each pipeline...
• Section 58:10-48 - Study On Feasibility And Necessity Of Certain Actions
  Within 36 months of the effective date of this act, the department shall complete a study on the feasibility and necessity, if any, of...
• Section 58:10-49 - Submission Of Written Report To Governor, Legislature
  Within three months of the completion of the study required pursuant to section 3 of this act, the department shall submit to the Governor...
• Section 58:10-50 - Application Of Act To Intrastate Pipeline Facilities
  The provisions of this act shall apply to intrastate pipeline facilities and the transportation of hazardous liquids associated with those facilities. This act shall...
• Section 58:10a-1 - Short Title
  This act shall be known and may be cited as the "Water Pollution Control Act." L.1977, c. 74, s. 1.
• Section 58:10a-2 - Legislative Findings And Declarations
  The Legislature finds and declares that pollution of the ground and surface waters of this State continues to endanger public health; to threaten fish...
• Section 58:10a-3 - Definitions.
  3. As used in this act, unless the context clearly requires a different meaning, the following words and terms shall have the following meanings:...
• Section 58:10a-4 - Rules And Regulations
  The commissioner shall have power to prepare, adopt, amend, repeal and enforce, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), reasonable...
• Section 58:10a-5 - Powers Of Department.
  5.The department is empowered to: a.Exercise general supervision of the administration and enforcement of this act and all rules, regulations and orders promulgated hereunder;...
• Section 58:10a-6 - Permits; Issuance; Exemptions; Prohibitions; Requirements.
  6. a. It shall be unlawful for any person to discharge any pollutant, except as provided pursuant to subsections d. and p. of this...
• Section 58:10a-6.1 - Schedule Of Compliance; Administrative Consent Order; Public Hearing
  a. Every schedule of compliance shall require the permittee to demonstrate to the commissioner the financial assurance, including the posting of a bond or...
• Section 58:10a-6.2 - Findings, Declarations, Determinations
  3. The Legislature finds and declares that to enhance and improve the quality of the environment and to protect and foster the public health...
• Section 58:10a-6.3 - Installation, Etc. Of Water Pollution Control Facilities During Pendency Of Permit Application
  4. Except where specifically prohibited under the "Federal Water Pollution Control Act Amendments of 1972" (33 U.S.C. s.1251 et seq.) or any other such...
• Section 58:10a-6.4 - Definitions Relative To Certain Hazardous Discharge Sites.
  1.As used in P.L.2003, c.196 (C.58:10A-6.4 et seq.): "Discharge" means an intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping,...
• Section 58:10a-6.5 - Discharge Of Untreated, Pre-treated Wastewater, Prohibited In Certain Municipalities.
  2. a. The operator of a hazardous discharge site in the State that is: (1) situated within a municipality of the second class which...
• Section 58:10a-6.6 - Regulations Relative To Handling Of Radionuclides.
  4.If there are radionuclides in or about the waters at or near a former landfill that is situated within a municipality of the second...
• Section 58:10a-7 - Term Of Permit; Modification, Suspension Or Revocation; Causes; Notice; Contested Cases
  a. All permits issued under this act shall be for fixed terms not to exceed five years. Any permittee who wishes to continue discharging...
• Section 58:10a-7.1 - Discharging Waste In Ocean Waters Prohibited After Dec. 31, 1991; "Aquaculture" Defined.
  2. After December 31, 1991, the department may not issue a permit to any private, commercial, or industrial applicant for the discharge of any...
• Section 58:10a-7.2 - Groundwater Remedial Action; Contents Of Application For Permit, Requiest For Consent; Definitions.
  1. a. An application for a permit issued by the Department of Environmental Protection pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.) for the discharge...
• Section 58:10a-8 - Establishment Of More Stringent Effluent Limitations For Point Source Or Group Of Point Sources
  Whenever the commissioner finds that discharges from a point source or a group of point sources with the application of the effluent limitations authorized...
• Section 58:10a-9 - Applications For Permits; Fees; Public Notice; Public Inspection; Hearing; Employees To Administer Act
  Applications for permits shall be submitted within such times, on such forms, and with such signatures as may be prescribed by the commissioner and...
• Section 58:10a-10 - Violation Of Act; Penalty
  a. Whenever the commissioner finds that any person is in violation of any provision of this act, he shall: (1) Issue an order requiring...
• Section 58:10a-10.1 - Mandatory Civil Administrative Penalties
  a. The provisions of section 10 of P.L.1977, c.74 (C.58:10A-10), or any rule or regulation adopted pursuant thereto to the contrary notwithstanding, the department...
• Section 58:10a-10.2 - Affirmative Defenses To Liability
  a. A person may be entitled to an affirmative defense to liability for a mandatory assessment of a civil administrative penalty pursuant to section...
• Section 58:10a-10.3 - Request By Department For Information; Testimony Of Witnesses
  a. The department may request that any person whom the department has reason to believe has, or may have, information relevant to a discharge...
• Section 58:10a-10.4 - Department Of Environmental Protection Authorized To Issue Summons
  The Department of Environmental Protection or a delegated local agency may issue a summons for a violation of any provision of P.L.1977, c.74 (C.58:10A-1...
• Section 58:10a-10.5 - Delegated Local Agency Authorized To Issue Civil Administrative Penalty; Hearing
  A delegated local agency may, after consultation with a compliance officer designated by the department, issue a civil administrative penalty for any violation of...
• Section 58:10a-10.6 - Report On Decision Upon Conclusion Of Administrative Hearing; Exceptions, Objections, Replies
  Upon conclusion of an administrative hearing held pursuant to section 2 of P.L.1991, c.8 (C.58:10A-10.5), the administrative law judge shall prepare and transmit a...
• Section 58:10a-10.7 - Final Decision By Delegated Local Agency
  A final decision or order of the head of the delegated local agency shall be in writing or stated in the record. A final...
• Section 58:10a-10.8 - Appeal Of Civil Administrative Penalty, Collection, Interest Charged
  a. A person appealing a civil administrative penalty or assessment levied in accordance with section 2 of P.L.1991, c.8 (C.58:10A-10.5), whether contested as a...
• Section 58:10a-10.9 - Adoption Of Schedule Of Reimbursement
  The Director of the Office of Administrative Law shall establish by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),...
• Section 58:10a-10.10 - Commissioner To Take Action Against Owner Of Municipal Treatment Works Exceeding Effluent Limitations
  Whenever the commissioner finds that effluent limitations under a discharge permit, issued pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.), are being exceeded by a...
• Section 58:10a-10.11 - Affirmative Defense Against Liability For Certain Violations
  2. a. A permittee shall be entitled to an affirmative defense against liability for any penalty assessable pursuant to section 10 of P.L.1977, c.74...
• Section 58:10a-10.12 - Additional Penalties For Illegal, Improper Disposal Of Regulated Medical Waste.
  6.If a violation of P.L.1977, c.74 (C.58:10A-1 et seq.) involves the willful, illegal or improper disposal of regulated medical waste, as defined pursuant to...
• Section 58:10a-11 - Person With Delegated Responsibility To Approve Permits; Qualifications
  Notwithstanding any contrary provision of State law, no person to whom the commissioner has delegated responsibility to approve permits or portions thereof may accept...
• Section 58:10a-12 - Liberal Construction; Severability
  This act shall be construed liberally. If any provision of this act or the application thereof to any person or circumstance is held invalid,...
• Section 58:10a-13 - Pending Actions Or Proceedings, Orders, Regulations And Rules; Effect Of Act
  This act shall not affect, impair or invalidate any action or proceeding, civil or criminal, brought by or against the department, pending on the...
• Section 58:10a-14 - Legislative Oversight Committees
  The Senate Committee on Energy and Environment and the Assembly Committee on Agriculture and Environment are hereby designated as the Legislative Oversight Committees for...
• Section 58:10a-14.1 - Report On Implementation And Enforcement Actions; Notice Of Significant Noncompliers In Newspaper
  a. On or before March 15, 1992, and annually thereafter, the department shall prepare a report on implementation and enforcement actions taken during the...
• Section 58:10a-14.2 - Contents Of Annual Report
  a. The annual report provided pursuant to section 9 of P.L.1990, c.28 (C.58:10A-14.1) shall include, but need not be limited to, the following information...
• Section 58:10a-14.3 - Guidelines
  The department shall adopt guidelines to be utilized by delegated local agencies, the Attorney General and county prosecutors in providing information to the department...
• Section 58:10a-14.4 - Clean Water Enforcement Fund
  There is created, in the Department of Environmental Protection, a special nonlapsing fund, to be known as the "Clean Water Enforcement Fund." Except as...
• Section 58:10a-14.5 - Wastewater Treatment Operators' Training Account
  There is created in the Department of Environmental Protection a special nonlapsing account, to be known as the "Wastewater Treatment Operators' Training Account." Monies...
• Section 58:10a-14.6 - Advisory Committee On Water Supply And Wastewater Licensed Operator Training
  There is established in the Department of Environmental Protection an Advisory Committee on Water Supply and Wastewater Licensed Operator Training. Committee members shall be...
• Section 58:10a-15 - Legislative Findings
  The Legislature finds that certain halogenated hydrocarbon chemicals and aromatic hydrocarbon chemicals used as sewage system cleaners are a significant and unnecessary source of...
• Section 58:10a-16 - Definitions
  As used in this act: a. "Sewage system cleaner" means any solid or liquid material intended or used primarily for the purpose of cleaning,...
• Section 58:10a-17 - Sewage System Cleaner Containing Restricted Chemical Material; Distribution Or Sale, Or Use, Introduction Or Application; Prohibition
  a. No person shall distribute, sell, offer or expose for sale in this State any sewage system cleaner containing any restricted chemical material. b....
• Section 58:10a-18 - Regulations; Identification And Quantification Of Ingredients; Information By Manufacturers; Deletion Or Addition To List Of Restricted Chemical Material
  a. The commissioner shall, within 90 days of the effective date of this act, promulgate regulations establishing methods for identification and quantification of ingredients...
• Section 58:10a-19 - Confidentiality Of Information From Manufacturer
  The commissioner shall hold confidential any information obtained pursuant to subsection b. of section 4 of this act when shown by any manufacturer that...
• Section 58:10a-20 - Violations; Penalties
  Any person who violates any provision of this act or any rule or regulation promulgated hereunder shall be subject to the provisions of P.L.1977,...
• Section 58:10a-21 - Findings, Declarations
  The Legislature finds and declares that millions of gallons of gasoline and other hazardous substances are stored prior to use or disposal, in underground...
• Section 58:10a-22 - Definitions.
  2.As used in this act: a."Commissioner" means the Commissioner of the Department of Environmental Protection; b."Department" means the Department of Environmental Protection; c."Discharge" means...
• Section 58:10a-23 - Registration Of Underground Storage Facilities.
  3. a. The owner or operator of a facility shall, within 180 days of the effective date of this act, on forms and in...
• Section 58:10a-24 - Permit For Modification
  An owner or operator of a facility proposing to replace, install, expand or substantially modify the facility shall obtain a permit therefor from the...
• Section 58:10a-24.1 - No Tank Services On Underground Storage Tank; Exceptions.
  1. a. Except as provided in subsection b. of this section, a person shall not perform, except in accordance with the provisions of this...
• Section 58:10a-24.2 - Services On Underground Storage Tanks By Certified Persons; Exceptions.
  2. a. A business firm shall not engage in the business of performing services on underground storage tanks at underground storage tank sites for...
• Section 58:10a-24.3 - Examinations For Certification To Perform Services On Underground Storage Tanks.
  3. a. The department shall establish and conduct examinations for certifying that a person is qualified to perform services on underground storage tanks at...
• Section 58:10a-24.4 - Certification, Renewal.
  4. a. Certification shall be for a three-year period. Renewal of a certification, or recertification, shall be made to the department at least 60...
• Section 58:10a-24.6 - Violations, Penalties
  a. If a person violates any of the provisions of this act or any rule or regulation adopted, or order issued, thereunder, the department...
• Section 58:10a-24.7 - Guidelines, Rules, Regulations.
  7.The Department of Environmental Protection shall, within 120 days of the effective date of this section, establish guidelines to implement the provisions of this...
• Section 58:10a-24.8 - Interim Rules, Regulations Establishing Certification Program.
  8. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Department of Environmental Protection shall...
• Section 58:10a-24.9 - Required Dep Submissions Copied To Municipality.
  9.Any person who performs tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil...
• Section 58:10a-25 - Rules, Regulations
  5. a. The commissioner shall, within one year of the effective date of P.L.1986, c.102 (C.58:10A-21 et seq.), adopt, pursuant to the "Administrative Procedure...
• Section 58:10a-26 - Monthly Inspections
  Monitoring systems shall be installed, maintained, and operated in accordance with the manufacturer's requirements. Each monitoring system shall be inspected at least monthly to...
• Section 58:10a-27 - Inventory Records
  The owner or operator of a facility shall maintain inventory records for each underground storage tank which shall, at a minimum, record daily hazardous...
• Section 58:10a-28 - Leaks, Discharges
  a. If the inventory records maintained pursuant to section 7 of this act or a monitoring system indicates a leak or discharge, the owner...
• Section 58:10a-29 - Requirements To Meet Standards For Underground Storage Tanks.
  9. a. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (52:14B-1 et seq.), requiring the owner or...
• Section 58:10a-29.1 - Requirement For Contract For Leak Detection Testing.
  2.The owner or operator of any underground storage tank with a capacity of over 2,000 gallons used to store heating oil for onsite consumption...
• Section 58:10a-30 - Inspection Authority
  The department shall have the authority to enter, at reasonable hours, any property or place of business where underground storage tanks or nonoperational storage...
• Section 58:10a-30.1 - Underground Storage Tank Inspection Program, Established
  2.There shall be established an underground storage tank inspection program in the Department of Environmental Protection pursuant to provisions of the amendment of subparagraph...
• Section 58:10a-31 - Rules, Regulations
  11. The commissioner may adopt, pursuant to the "Administrative Procedure Act," any rules and regulations in addition to those required pursuant to this act,...
• Section 58:10a-32 - Penalties
  A person violating the provisions of this act is liable to the penalties prescribed in section 10 of P.L. 1977, c. 74 (C. 58:10A-10)....
• Section 58:10a-33 - Exemption
  The owner or operator of a facility equipped with a monitoring system who has obtained a permit for groundwater discharges pursuant to section 6...
• Section 58:10a-34 - Other Powers Unaffected
  Nothing in this act shall be construed to limit the department's authority to respond to, or remove or clean up, a discharge pursuant to...
• Section 58:10a-35 - Local Laws Superseded
  a. It is the intent of the Legislature that the program established by this act for the regulation of underground storage tanks constitute the...
• Section 58:10a-37.1 - Short Title.
  1. This act shall be known and may be cited as the "Underground Storage Tank Finance Act." L.1997,c.235,s.1.
• Section 58:10a-37.2 - Definitions Relative To Upgrade, Remediation, Closure Of Underground Storage Tanks.
  2.As used in this act: "Applicant" means a person who files an application for financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade,...
• Section 58:10a-37.3 - Petroleum Underground Storage Tank Remediation, Upgrade, And Closure Fund, Establishment.
  3. a. The Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund is established in the authority as a special, revolving fund. The fund...
• Section 58:10a-37.3a - Dep Notification To Municipalities Of Fund.
  3.The Department of Environmental Protection shall notify the governing body of each municipality in the State of the existence of the Petroleum Underground Storage...
• Section 58:10a-37.4 - Allocation Of Fund; Priorities.
  4. a. Monies in the fund shall be allocated and used to provide financial assistance only to (1) eligible owners or operators of regulated...
• Section 58:10a-37.5 - Awarding Of Financial Assistance.
  5. a. (1) The authority may award financial assistance from the fund to an eligible owner or operator in the form of a loan...
• Section 58:10a-37.5a - Underground Storage Tank Loans For School Districts.
  1.Notwithstanding the provisions of N.J.S.18A:20-4.2 to the contrary, a board of education of a school district may determine, by resolution, to apply to borrow...
• Section 58:10a-37.5b - Development Of Cost Guidance Document, Publication.
  4.The department shall develop a cost guidance document that establishes the maximum cost to be paid for the eligible project costs of the closure...
• Section 58:10a-37.6 - Application For Financial Assistance; Fee.
  6.An eligible owner or operator seeking financial assistance from the fund shall file an application on a form to be developed by the authority....
• Section 58:10a-37.7 - Conditions For Awarding Financial Assistance.
  7. a. The authority shall award financial assistance to an owner or operator of a facility only if the facility is properly registered with...
• Section 58:10a-37.8 - Rules, Regulations Relative To Application Procedure.
  8. a. The authority shall adopt, pursuant to the"Administrative Procedure Act,"P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to: (1) require an applicant: (a)...
• Section 58:10a-37.9 - Enforcement Action Prohibited; Exceptions.
  9. a. The department and the Office of the Attorney General may not take any enforcement action pursuant to section 12 of P.L.1986, c.102...
• Section 58:10a-37.10 - Terms Of Loans.
  10. a. All loans awarded from the fund shall be for a term not to exceed ten years. Except as provided in subsection b....
• Section 58:10a-37.11 - Insurance Coverage For Costs Of Remediation.
  11. Notwithstanding any other provision of P.L.1997, c.235 (C.58:10A-37.1 et seq.), if an owner or operator maintains environmental liability or other insurance coverage for...
• Section 58:10a-37.12 - Memorandum Of Agreement Relative To Powers, Responsibilities.
  12. The authority and the department may enter into a memorandum of agreement whereby any of the powers or responsibilities that the authority may...
• Section 58:10a-37.13 - Joint Application Filing, Review And Approval Procedure.
  13. The authority shall establish a joint application filing, review and approval procedure whereby a person who is eligible for financial assistance from the...
• Section 58:10a-37.14 - Authority's Right Of Subrogation, Recovery.
  14. a. Payment of any grant from the fund, or of a loan from the fund where the loan is in default and is...
• Section 58:10a-37.15 - Violations, Penalties.
  15. a. A person who purposely, knowingly, recklessly, or negligently provides false documents or false information to the authority or to the department, or...
• Section 58:10a-37.16 - Liens For Financial Assistance.
  16. a. In addition to any other financial assistance requirements imposed by the authority pursuant to P.L.1997, c.235 (C.58:10A-37.1 et seq.), any award of...
• Section 58:10a-37.17 - Rules, Regulations.
  17. a. Within 180 days of the effective date of this act, the New Jersey Economic Development Authority shall adopt, pursuant to the "Administrative...
• Section 58:10a-37.18 - Imposition Of Annual Surcharge.
  18. There is imposed upon the owner or operator of a facility who is required to maintain evidence of financial responsibility pursuant to section...
• Section 58:10a-37.19 - Joint Annual Report.
  19. a. The New Jersey Economic Development Authority and the Department of Environmental Protection shall present a joint annual report to the presiding officers...
• Section 58:10a-37.20 - Construction Of Act.
  20. Nothing in P.L.1997, c.235 (C.58:10A-37.1 et seq.) shall be construed to: (1) impose any liability on the State or the authority for any...
• Section 58:10a-37.21 - Appropriation For Petroleum Underground Storage Tank Remediation, Upgrade And Closure Fund.
  21. There is appropriated from the special account in the General Fund created pursuant to Article VIII, Section II, paragraph 6 of the New...
• Section 58:10a-37.22 - Penalty For Failure To Register Underground Storage Tank; Exceptions.
  22. Any person who has owned or operated an underground storage tank as defined pursuant to section 2 of P.L.1986, c.102 (C.58:10A-22) who has...
• Section 58:10a-37.23 - Submission Of Evidence Of Financial Responsibility
  24. Prior to July 1, 1997, or upon completion of the upgrade of an underground storage tank as required pursuant to P.L.1986, c.102 (C.58:10A-21...
• Section 58:10a-38 - Findings, Determinations
  The Legislature finds that contaminated sludges are often ocean dumped; that land-based disposal methods for sludge are environmentally preferable to the current practice of...
• Section 58:10a-39 - Definitions
  As used in this act: "Land-based sludge management criteria" means those standards established by the department in the Statewide Sludge Management Plan adopted pursuant...
• Section 58:10a-40 - Pollutant Discharge Limits
  All pretreatment permits shall include limits on the discharge of pollutants, which limits shall be based on the attainment of land-based sludge management criteria...
• Section 58:10a-41 - Conformance To Land-based Sludge Management Criteria
  On or after March 17, 1991, all sludge generated in this State by municipal treatment works shall conform to the land-based sludge management criteria....
• Section 58:10a-42 - Plan For Land-based Management
  Each municipal treatment works shall prepare a plan for the land-based management of sludges currently disposed of in the ocean. The plan shall provide...
• Section 58:10a-43 - Compliance Schedules
  The Department of Environmental Protection shall establish compliance schedules for municipal treatment works. The compliance schedules shall include deadlines for submittal of the permit...
• Section 58:10a-44 - Short Title
  This act shall be known and may be cited as the "Ocean Sludge Dumping Elimination Act." P.L. 1988, c. 57, s. 1.
• Section 58:10a-45 - Findings
  The Legislature finds that 2.8 million wet tons (1 million dry pounds) of sewage sludge generated by six New Jersey municipal treatment works each...
• Section 58:10a-46 - Ocean Disposal Prohibited
  The provisions of any other law, rule or regulation to the contrary notwithstanding, municipal treatment works are prohibited from disposing of sludge in ocean...
• Section 58:10a-47 - Short Title
  This act shall be known and may be cited as the "Ocean Dumping Enforcement Act." P.L. 1988, c. 61, s. 1.
• Section 58:10a-48 - Definitions
  As used in this act: "Dump" or "dumping" means the disposition of material. Dumping does not mean: (1) the disposition of any effluent from...
• Section 58:10a-48.1 - Dumping Material In Ocean Prohibited.
  2.No person may intentionally dump any material into the ocean waters within the jurisdiction of this State, or into the waters outside the jurisdiction...
• Section 58:10a-49 - Crime Of Third Degree; Penalty; Reward.
  3. a. (1) A person who intentionally dumps any material into the ocean waters within the jurisdiction of this State, or into the waters...
• Section 58:10a-49.1 - Actions By Commissioner.
  3. a. Whenever the Commissioner of Environmental Protection finds that a person has intentionally dumped material into the ocean waters within the jurisdiction of...
• Section 58:10a-50 - Necessary Dumping
  The provisions of this act do not apply when the dumping of any material is necessary to secure the safety of human life or...
• Section 58:10a-51 - Submission Of Proposals
  The Attorney General shall submit to the Administrator of the federal Environmental Protection Agency whatever proposals may be necessary pursuant to 33 U.S.C. s.1416...
• Section 58:10a-52 - Short Title
  This act shall be known, and may be cited, as the "Clean Ocean Education Act." P.L. 1988, c. 62, s. 1.
• Section 58:10a-53 - Findings, Declarations
  The Legislature finds and declares that the presence of plastic and other non-biodegradable materials in coastal waters has an adverse effect on the quality...
• Section 58:10a-54 - Educational Materials
  The Department of Environmental Protection, in consultation with the Department of Education and citizen, educational and environmental groups, shall prepare educational materials concerning the...
• Section 58:10a-55 - Distribution To School Districts
  The Department of Education shall distribute the educational materials prepared by the Department of Environmental Protection pursuant to section 3 of this act to...
• Section 58:10a-56 - Sewage Discharge Prohibited
  No person may discharge sewage from a watercraft into any coastal water area designated as a "no discharge" area by the Administrator of the...
• Section 58:10a-57 - Sewage Pumpout Devices, Portable Toilet Emptying Receptacles
  a. Within 90 days of the effective date of this act, the Department of Environmental Protection shall conduct a study of the availability and...
• Section 58:10a-58 - Submittal Of Assessment Study, Recommendations
  Not later than May 1, 1989, the department shall submit to the Assembly Environmental Quality Committee and the Senate Energy and Environment Committee the...
• Section 58:10a-59 - Penalties For Violation
  A person who violates the provisions of section 1 of this act, or who violates the provisions of any rule and regulation adopted by...
• Section 58:10a-60 - Application For Approval
  The department shall apply, within six months of the effective date of this act, to the United States Environmental Protection Agency for such approval...
• Section 58:10a-61 - Definitions Relative To The Application, Sale, Use Of Fertilizer.
  1.As used in sections 1 through 9 of this act: "Commercial farm" means the same as that term is defined pursuant to section 3...
• Section 58:10a-62 - Actions Prohibited When Applying Fertilizer.
  2. a. No person shall: (1)apply fertilizer to turf when a heavy rainfall, as shall be defined by the Office of the New Jersey...
• Section 58:10a-63 - Additional Requirements.
  3. a. In addition to the requirements set forth in section 2 of this act, no person, other than a professional fertilizer applicator, shall:...
• Section 58:10a-64 - Fertilizer Application Certification Program.
  4. a. The New Jersey Agricultural Experiment Station at Rutgers, the State University, shall, in consultation with the Department of Environmental Protection, establish a...
• Section 58:10a-65 - Violations, Penalties.
  5. a. Any professional fertilizer applicator who violates this act, or any rule or regulation adopted pursuant thereto, shall be subject to a civil...
• Section 58:10a-66 - Program Of Public Education.
  6. a. The New Jersey Agricultural Experiment Station shall, in consultation with the Department of Environmental Protection, develop a program of public education which...
• Section 58:10a-67 - Preemption Of Existing Ordinances, Resolutions.
  7.The provisions of this act, and the rules and regulations adopted pursuant thereto, shall preempt any ordinance or resolution of a municipality, county or...
• Section 58:10a-68 - Inapplicability To Commercial Farms.
  8.Sections 1 through 9 of this act shall not apply to the application of fertilizer to commercial farms. L.2010, c.112, s.8.
• Section 58:10a-69 - Rules, Regulations.
  9.The Department of Environmental Protection, in consultation with the Department of Agriculture, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
• Section 58:10a-70 - Definitions Relative To Personal Care Products Containing Microbeads.
  1.As used in this act: "Over the counter drug" means a drug that contains a label which identifies the product as a drug, as...
• Section 58:10a-71 - Production, Manufacture Of Personal Care Product Containing Synthetic Plastic Microbeads; Prohibited, Exceptions.
  2. a. On or after January 1, 2018, no person shall produce or manufacture in the State a personal care product containing synthetic plastic...
• Section 58:10a-72 - Violations, Penalties.
  3. a. A person or entity who violates this act shall be subject to a penalty of not more than $500 for each offense,...
• Section 58:10a-73 - Preemption Of Ordinance, Resolution Of Local Government Entity.
  4.The provisions of this act shall preempt any ordinance or resolution of a municipality, county or any other local government entity concerning synthetic plastic...
• Section 58:10b-1 - Definitions.
  23. As used in sections 23 through 43 and section 45 of P.L.1993, c.139 (C.58:10B-1 et seq.), as may be amended and supplemented: "Area...
• Section 58:10b-1.1 - Short Title
  1.Sections 23 through 43 and section 45 of P.L.1993, c.139 (C.58:10B-1 et seq.), as may be amended and supplemented, shall be known and may...
• Section 58:10b-1.2 - Findings, Declarations Relative To Remediation Of Contaminated Sites
  2.The Legislature finds and declares that due to New Jersey's industrial history, large areas in the State's urban and suburban areas formerly used for...
• Section 58:10b-1.3 - Remediation Of Discharge Of Hazardous Substance; Requirements.
  30. a. An owner or operator of an industrial establishment subject to the provisions of P.L.1983, c.330 (C.13:1K-6 et al.), the discharger of a...
• Section 58:10b-2 - Rules, Regulations, Deviations From Regulations.
  24. a. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing criteria and standards...
• Section 58:10b-2.1 - Departmental Oversight Of Cleanup, Remediation; Fee, Costs, Certain, Permitted.
  1. a. In the case of an owner or operator of an industrial establishment or any other person required to perform remediation activities pursuant...
• Section 58:10b-3 - Establishment, Maintenance Of Remediation Funding Source.
  25. a. Except as otherwise provided in section 27 of P.L.2009, c.60 (C.58:10C-27), the owner or operator of an industrial establishment or any other...
• Section 58:10b-3.1 - Authority To Perform Remediation Of Condemned Property By Local Government Unit, Certain Conditions.
  1. a. If a local government unit condemns contaminated property pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), and...
• Section 58:10b-3.2 - Annual Charge For Prompt Remediation Of Certain Industrial Properties; Inapplicability.
  3. a. Except as provided in subsection b. of this section, whenever an industrial property that is subject to any federal or State court...
• Section 58:10b-4 - Hazardous Discharge Site Remediation Fund.
  26. a. There is established in the New Jersey Economic Development Authority a special, revolving fund to be known as the Hazardous Discharge Site...
• Section 58:10b-5 - Financial Assistance From Remediation Fund.
  27. a. (1) Except as provided in section 4 of P.L.2007, c.135 (C.52:27D-130.7), financial assistance from the remediation fund may only be rendered to...
• Section 58:10b-6 - Financial Assistance And Grants From The Fund; Allocations; Purposes.
  28. a. Except for moneys deposited in the remediation fund for specific purposes, and as provided in section 4 of P.L.2007, c.135 (C.52:27D-130.7), financial...
• Section 58:10b-6.1 - Grants, Hazardous Discharge Site Remediation Fund; Certain Brownfield Sites.
  1. a. Notwithstanding the provisions of sections 27 and 28 of P.L.1993, c.139 (C.58:10B-5 and 58:10B-6), or any other law, or any rule or...
• Section 58:10b-7 - Awarding Of Financial Assistance, Grants, Priorities.
  29. a. A qualified applicant for financial assistance or a grant from the remediation fund shall be awarded financial assistance or a grant by...
• Section 58:10b-8 - Financial Assistance, Grant Recipients' Compliance, Conditions.
  30. a. The authority shall, by rule or regulation: (1)require a financial assistance or grant recipient to provide to the authority, as necessary or...
• Section 58:10b-8.1 - Conditions For Payment Of Grant From Hazardous Discharge Site Remediation Fund.
  32. a. The New Jersey Economic Development Authority shall require that payment of a grant or financial assistance from the Hazardous Discharge Site Remediation...
• Section 58:10b-9 - Violators Of Environmental Law May Not Receive Financial Assistance, Grant
  31. No financial assistance or grant from the remediation fund shall be rendered to a person who is currently in violation of an administrative...
• Section 58:10b-10 - Legal Responsibility Of Applicant For Compliance
  32. a. The lack of sufficient moneys in the remediation fund to satisfy all financial assistance or grant applications shall not affect in any...
• Section 58:10b-11 - Remediation Funding Source Surcharge.
  33. a. There is imposed upon every person who is required to establish a remediation funding source pursuant to section 25 of P.L.1993, c.139...
• Section 58:10b-12 - Adoption Of Remedial Standards.
  35. a. The Department of Environmental Protection shall adopt minimum remediation standards for soil, groundwater, and surface water quality necessary for the remediation of...
• Section 58:10b-13 - Use Of Nonresidential Standards Or Other Controls, Requirements.
  36. a. When real property is remediated to a nonresidential soil remediation standard or engineering or institutional controls are used in lieu of remediating...
• Section 58:10b-13.1 - No Further Action Letter; Covenant Not To Sue.
  6. a. Whenever on or after October 16, 2009 the Department of Environmental Protection issues a no further action letter pursuant to a remediation,...
• Section 58:10b-13.2 - Covenant Not To Sue, Provisions.
  31. a. After a licensed site remediation professional issues a response action outcome to the person responsible for conducting the remediation, the person shall...
• Section 58:10b-14 - Development Of Guidance Document
  38. Within 12 months of the effective date of this act, the department shall develop a guidance document for the remediation of contaminated soils....
• Section 58:10b-15 - Responsibility For Prior Discharges, Exemptions; Penalties
  39. a. Any person who, before the effective date of P.L.1993, c.139 (C.13:1K-9.6 et al.), has discharged a hazardous substance in violation of P.L.1976,...
• Section 58:10b-16 - Access To Property To Conduct Remediation
  40. a. (1) Any person who undertakes the remediation of suspected or actual contamination and who requires access to conduct such remediation on real...
• Section 58:10b-17 - Review Of Department Decision Concerning Remediation
  41. a. Any person conducting a remediation of a contaminated site may dispute a decision by the department concerning the remediation in accordance with...
• Section 58:10b-17.1 - Commencement Of Civil Actions Under Environmental Laws, Limitations; Definitions.
  5. a. (1) Except where a limitations provision expressly and specifically applies to actions commenced by the State or where a longer limitations period...
• Section 58:10b-18 - Preparation, Distribution Of Informational Materials
  42. The Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Environmental Protection and Energy,...
• Section 58:10b-19 - Implementation Of Interim Response Action
  43. The owner or operator of an industrial establishment who has submitted a notice to the department pursuant to subsection a. of section 4...
• Section 58:10b-20 - Remediation Guarantee Fund.
  45. a. There is created in the Department of Environmental Protection a special, revolving fund to be known as the Remediation Guarantee Fund. The...
• Section 58:10b-21 - Investigation, Determination Of Extent Of Contamination Of Aquifers.
  3. a. The Department of Environmental Protection shall investigate and determine the extent of contamination of every aquifer in this State. The department shall...
• Section 58:10b-22 - Investigation, Mapping Of Historic Fill Areas.
  4. a. Within 270 days of the effective date of P.L.2003, c.224, the Department of Environmental Protection shall investigate and map those areas of...
• Section 58:10b-23 - "Brownfield's Redevelopment Task Force"; Duties
  5. a. There is created the "Brownfields Redevelopment Task Force." The task force shall consist of seven representatives from State agencies and six public...
• Section 58:10b-23.1 - Findings, Declarations Relative To Redevelopment Of Brownfield Sites.
  1.The Legislature finds and declares that the redevelopment of brownfield sites provides an alternative to the development of undeveloped land; that the redevelopment of...
• Section 58:10b-23.2 - Preparation Of Inventory Of Brownfield Sites; Definitions.
  2. a. In accordance with section 5 of P.L.1997, c.278 (C.58:10B-23), the Brownfields Redevelopment Task Force shall continue to prepare an inventory of brownfield...
• Section 58:10b-24 - Duties Of Department Of Environmental Protection
  25. The Department of Environmental Protection shall: (1) Prepare materials for dissemination to the public that explain the environmental and health risks associated with...
• Section 58:10b-24.1 - Written Notification Of Contaminated Site Remediation.
  1. a. Prior to the initiation of the remedial action phase of the remediation of a contaminated site, any person who is responsible for...
• Section 58:10b-24.2 - Copy Of Remedial Action Plan, Site Health And Safety Plan To Municipality.
  2.Upon request of a municipality, any person who is responsible for conducting a remediation of a contaminated site shall submit a copy of a...
• Section 58:10b-24.3 - Notification To Public Of Remediation Of Contaminated Site; Requirements.
  3. a. Any person who is responsible for conducting a remediation of a contaminated site shall be responsible for notifying the public of the...
• Section 58:10b-24.4 - Definitions Relative To Remediation Of Contaminated Sites.
  4.For the purposes of P.L.2006, c.65 (C.58:10B-24.1 et seq.): "Local health agency" means a "local health agency" as defined in section 3 of P.L.1966,...
• Section 58:10b-24.5 - Notification Of Master List Of Known Hazardous Discharge Sites; Dep Website.
  5.Within 30 days after the date of enactment of this act, the Department of Environmental Protection shall notify the governing body of each municipality...
• Section 58:10b-24.6 - Definitions Relative To Procedures Concerning Soil Contamination On School Property.
  1.As used in this act: "Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.). "Contamination" means any discharged hazardous substance...
• Section 58:10b-24.7 - Provision Of Notice To Parent, Guardian, Staff.
  2. a. Within 10 business days after the discovery of soil contamination on school property that has been found by the Department of Environmental...
• Section 58:10b-25 - Designation Of State Environmental Agency Under Federal Law
  48. Pursuant to section 941 of the federal "Taxpayer Relief Act of 1997," Pub. L. 105-34, the Governor shall designate the Department of Environmental...
• Section 58:10b-25.1 - Guidelines For Designation Of Brownfield Development Areas.
  7.The Department of Environmental Protection shall establish guidelines to establish a procedure for the designation of brownfield development areas. In establishing criteria for the...
• Section 58:10b-25.2 - Grant Expenditures For Remedial Action Constitutes Debt Of Property Owner To Fund; Lien.
  8.Any expenditure of grant moneys for a remedial action in a brownfield development area by a municipality, county, or redevelopment entity on property in...
• Section 58:10b-25.3 - Pilot Program For Awarding Grants To Nonprofit Organizations; Conditions.
  9. a. The Department of Environmental Protection, in consultation with the New Jersey Economic Development Authority, shall develop a pilot program to award grants...
• Section 58:10b-26 - Definitions Relative To Redevelopment Agreements.
  34.As used in sections 34 through 39 of P.L.1997, c.278 (C.58:10B-26 through 58:10B-31): "Contamination" or "contaminant" means any discharged hazardous substance as defined pursuant...
• Section 58:10b-27 - Terms And Conditions Of Agreements.
  35. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer may enter into...
• Section 58:10b-27.1 - State May Enter Into Certain Redevelopment Agreements At Certain Landfill Sites.
  5. a. The provisions of any other law, or any rule or regulation adopted pursuant thereto to the contrary notwithstanding, the State may enter...
• Section 58:10b-27.2 - Entry Of State Into Redevelopment Agreement, Certain Circumstances.
  1. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the State may enter into...
• Section 58:10b-28 - Eligibility For Reimbursement; Certification.
  36. a. The provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary notwithstanding, any developer that enters into...
• Section 58:10b-29 - Qualification For Certification Of Reimbursement For Remediation Costs; Memorandum Of Agreement.
  37. a. To qualify for the certification of reimbursement of the remediation costs authorized pursuant to section 36 of P.L.1997, c.278 (C.58:10B-28), a developer...
• Section 58:10b-30 - Brownfield Site Reimbursement Fund.
  38. a. There is created in the Department of the Treasury a special fund to be known as the Brownfield Site Reimbursement Fund. Moneys...
• Section 58:10b-31 - Reimbursement Of Remediation Costs.
  39. a. The State Treasurer shall reimburse the developer the amount of the remediation costs agreed upon in the redevelopment agreement, and as provided...
• Section 58:10c-1 - Short Title.
  1.Sections 1 through 29 of P.L.2009, c.60 (C.58:10C-1 et seq.) shall be known and may be cited as the "Site Remediation Reform Act." L.2009,...
• Section 58:10c-2 - Definitions Relative To Site Remediation.
  2.As used in sections 1 through 29 of P.L.2009, c.60 (C.58:10C-1 et seq.): "Area of concern" means any location where contaminants are or were...
• Section 58:10c-3 - Site Remediation Professional Licensing Board.
  3. a. There is established in, but not of, the Department of Environmental Protection, the Site Remediation Professional Licensing Board. The board shall establish...
• Section 58:10c-4 - Powers Of Board Vested In Members.
  4.The powers of the board shall be vested in the members thereof in office. A majority of the total authorized membership of the board...
• Section 58:10c-5 - Powers, Duties Of Board.
  5.The board shall have the following powers and duties: a.To review and approve or deny applications for licensing site remediation professionals; b.To administer and...
• Section 58:10c-6 - Rules, Regulations.
  6. a. No later than 18 months after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), the board shall, pursuant to the...
• Section 58:10c-7 - Establishment Of Licensing Program, Requirements.
  7. a. The board shall establish a licensing program and licensing requirements for site remediation professionals, and shall oversee their licensing and performance. b.The...
• Section 58:10c-8 - Suspension, Revocation Of License; Reinstatement.
  8. a. The board may suspend or revoke a license pursuant to the provisions of section 17 of P.L.2009, c.60 (C.58:10C-17). The board shall...
• Section 58:10c-9 - Application For Renewal Of License; Fee.
  9.A licensed site remediation professional shall submit an application for license renewal at least 90 days and no more than 120 days prior to...
• Section 58:10c-10 - Term Of Validity For License.
  10. Each license issued pursuant to section 7 of P.L.2009, c.60 (C.58:10C-7) shall be issued to an individual, shall be valid only for the...
• Section 58:10c-11 - License Required For Site Remediation Professional.
  11. No person shall be, act as, advertise as, or hold himself out to be, or represent himself as being, a licensed site remediation...
• Section 58:10c-12 - Temporary Site Remediation Professional License Program.
  12. a. No more than 90 days after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), the department shall establish a temporary...
• Section 58:10c-13 - Guidelines For Procedures For Issuance Of Temporary Licenses.
  13. a. No more than 90 days after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et al.), the department shall issue guidelines which...
• Section 58:10c-14 - Certification Of Documents By Site Remediation Professional.
  14. a. For any site for which a licensed site remediation professional is required to be hired pursuant to the provisions of section 30...
• Section 58:10c-15 - Use Of Certified Subsurface Evaluator Prohibited.
  15. a. No person shall use a certified subsurface evaluator for the remediation of a discharge from an underground storage tank regulated pursuant to...
• Section 58:10c-16 - Protection Of Public Health, Safety, Environment Highest Priority.
  16. a. A licensed site remediation professional's highest priority in the performance of professional services shall be the protection of public health and safety...
• Section 58:10c-17 - Actions Of Board Relative To Violations.
  17. a. (1) Whenever, on the basis of available information, the board finds that a person is in violation of P.L.2009, c.60 (C.58:10C-1 et...
• Section 58:10c-18 - Authority Of Board, Department To Enter Site.
  18. a. The board and the department shall have the authority to enter, at reasonable times and in a reasonable manner, any known or...
• Section 58:10c-19 - Establishment Of Permit Program.
  19. a. The department shall establish a permit program to regulate the operation, maintenance and inspection of engineering or institutional controls and related systems...
• Section 58:10c-20 - Maintenance Of Data, Documents, Information.
  20. A licensed site remediation professional shall maintain and preserve all data, documents and information concerning remediation activities at each contaminated site the licensed...
• Section 58:10c-21 - Inspection Of Documents, Information; Review.
  21. a. The department shall inspect all documents and information submitted by a licensed site remediation professional concerning a remediation upon receipt. The department...
• Section 58:10c-22 - Invalidation Of Response Action Outcome.
  22. The department shall invalidate a response action outcome issued by a licensed site remediation professional if the department determines that the remedial action...
• Section 58:10c-23 - Recommendation For Investigation Of Licensed Site Remediation Professional.
  23. The department may recommend to the board that an investigation of a licensed site remediation professional be conducted to consider the suspension or...
• Section 58:10c-24 - Annual Audit.
  24. The board shall audit annually the submissions and conduct of at least 10 percent of the total number of licensed site remediation professionals....
• Section 58:10c-25 - Conditions For Not Conducting An Audit.
  25. The department shall not audit a response action outcome more than three years after the date the licensed site remediation professional filed the...
• Section 58:10c-26 - Retaliatory Action Against Licensed Site Remediation Professional Prohibited.
  26. No person shall take retaliatory action if a licensed site remediation professional: a.discloses, or undertakes to disclose, to the board or to the...
• Section 58:10c-27 - Direct Oversight Of Remediation By Department; Conditions.
  27. a. Except as provided in section 1 of P.L.2013, c.283 (C. 58:10C-27.1), the department shall undertake direct oversight of a remediation of a...
• Section 58:10c-27.1 - Extensions Permitted; Application.
  1. a. Except as provided in subsection b. or c. of this section, for any site subject to the provisions of paragraph (3) of...
• Section 58:10c-28 - Establishment Of Mandatory Remediation Timeframes.
  28. a. The department shall establish mandatory remediation timeframes, and expedited site specific timeframes when necessary, to protect the public health and safety and...
• Section 58:10c-29 - Adoption Of Interim Rules, Regulations.
  29. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department shall adopt, after notice, interim...
• Section 58:11-9.1 - Definitions Of Words And Phrases
  Definitions. As used in this act: "Water supply system" means a system comprising structures which operating alone or with other structures result in the...
• Section 58:11-9.2 - Permits For Connections Required; Expiration
  No person, corporation, or municipality shall maintain, own, or operate a physical connection between an approved public potable water supply and an unapproved water...
• Section 58:11-9.3 - Prerequisites To Issuance Of Permit
  The State department, before it issues any permit under the provisions of this act, shall be satisfied of the following facts: (a) That the...
• Section 58:11-9.4 - Forms; Rules And Regulations
  The State department shall establish such rules and regulations, as in its judgment may be necessary for the design, installation, testing and maintenance of...
• Section 58:11-9.5 - Revocation Of Permit Restoration
  Upon evidence duly ascertained by the State department, or by the commissioner of health, or furnished to the department by any local board of...
• Section 58:11-9.6 - Renewal Of Permit, Prerequisites To
  The State department, before it renews any permit, shall be satisfied of the following facts: (a) That the approved physical connection has been tested...
• Section 58:11-9.7 - Inspection Of Connection
  The physical connection provided for in section two of this act shall be inspected by the engineers or inspectors of the State Department, by...
• Section 58:11-9.8 - Violations; Other Laws Respecting Remedies Not Affected
  Whoever violates any of the provisions of section two of this act shall be liable to a penalty of one hundred dollars ($100.00) for...
• Section 58:11-9.9 - Recovery Of Penalties, Procedure
  9. Any penalty incurred under any of the provisions of section 8 of this act shall be recovered in a civil action in the...
• Section 58:11-9.10 - Injunctive Relief Against Violations
  If any person, corporation, or municipality, or any municipal authority shall violate any of the provisions of sections two and five of this act,...
• Section 58:11-9.11 - Approval Of Application By Local Board Or Owner Not Required
  Nothing in this article shall be construed as requiring the local board of health or the owner of the supply specified in section three...
• Section 58:11-23 - Short Title
  This act shall be known and may be cited as "The Realty Improvement Sewerage and Facilities Act (1954)." L.1954, c. 199, p. 746, s.
• Section 58:11-24 - Definitions
  As used in this act, unless the context clearly indicates otherwise, the following words shall have the following meanings: (a) "Approved potable water supply"...
• Section 58:11-24.1 - Establishment Of Septic System Density Standard.
  40.Notwithstanding the provisions of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) and the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et...
• Section 58:11-25 - Proposed System Or Facility; Compliance With Standards Of Construction
  No building permit for the construction of a realty improvement shall be issued by any municipal or other authority in this State nor shall...
• Section 58:11-25a - Definitions
  As used in this act: a. "Acceptable alternative greywater system" means a system for the treatment and disposal of wastewater which normally does not...
• Section 58:11-25b - Installation And Use Of Alternative Waste Treatment Systems And Greywater Systems
  Notwithstanding any other law, rule, regulation or ordinance to the contrary, a person may install and use in a structure an acceptable alternative waste...
• Section 58:11-25c - Special Assessments Against Alternative System Users
  A person who installs and uses an acceptable alternative waste treatment system or an acceptable alternative waste treatment system in combination with an acceptable...
• Section 58:11-25d - Standards Regarding Installation And Use Of Alternative Systems
  Within 180 days of the effective date of this act, the Department of Environmental Protection and the Department of Community Affairs shall jointly establish...
• Section 58:11-25.1 - Subdivision Approval To Cover 50 Or More Realty Improvements; Certification Of Proposed Water Supply And Sewerage Facilities
  No subdivision approval shall be granted by any municipal or other authority in the State to cover 50 or more realty improvements, or less...
• Section 58:11-26 - Certification Of Compliance
  Any board of health which has in its employ a licensed health officer or sanitary inspector of the first grade licensed by the State...
• Section 58:11-27 - Application For Certification
  Application for certification shall be in writing and shall be made on a formal application blank when such blanks are provided by the board,...
• Section 58:11-28 - Issuance Or Denial Of Certification; Time; Statement Of Reasons For Denial
  The board of health shall issue or deny certification within 15 days after receiving an application for certification except that, in case the board...
• Section 58:11-29 - Revocation Of Certification By State Department In Certain Cases; Time; Statement Of Reasons
  The State Department may revoke any certification covering 50 or more realty improvements; provided, that such action is taken within 15 days of the...
• Section 58:11-30 - Change In Condition Of Land Affecting Operations Covered By Certification
  If any change in the physical conditions of any lands of a realty improvement, which will materially affect the operation of the water supply...
• Section 58:11-31 - Revocation Or Denial Of Certification; Hearing
  In case any certification is denied by the board of health or is denied or revoked by the State department, a hearing shall be...
• Section 58:11-32 - Inspection And Tests; Right Of Entry
  A board of health or the State department shall have power to make, or cause to be made, such inspections and tests as may...
• Section 58:11-33 - Covering Sewerage Facilities; Permission
  No septic tank, tile field, seepage pit or system or structure designed to provide sewerage facilities to any realty improvement shall be covered from...
• Section 58:11-34 - Filing Ordinances Establishing Similar Requirements And Minimum Standards For Construction
  Copies of any ordinances, which have been or shall be adopted by any municipality, establishing requirements equivalent to those required by this act and...
• Section 58:11-35 - Advisory Committee; Duties; Personnel
  There shall be appointed biennially an advisory committee to draft and recommend standards for the construction of water supply systems and sewerage facilities for...
• Section 58:11-36 - Standards For Construction; Minimum Requirements; Promulgation
  Such draft of recommended standards shall be submitted to the State Commissioner of Health who, having given due consideration to the same, shall promulgate...
• Section 58:11-37 - Appeal By Advisory Committee
  In case the State Commissioner of Health shall not concur in any of the advisory committee's recommendations as to the standards for construction or...
• Section 58:11-38 - Violations
  No person or corporation shall construct or install any water supply system or sewerage facilities for a realty improvement, which are not in accordance...
• Section 58:11-39 - Penalties
  Any person or corporation violating any provision of this act shall be liable to a penalty of $200.00 for each offense and an additional...
• Section 58:11-40 - Right Of Board To Order Work Stoppage; Service Of Copy Of Order; Violations; Penalties
  The board of health having jurisdiction on the municipality in which any violation of any provision of this act occurs shall have the right...
• Section 58:11-41 - Injunction
  In case any water supply system or sewerage facilities or any part thereof is about to be, or is, or has been, erected or...
• Section 58:11-42 - Effective Date
  This act shall take effect September 1, 1954. L.1954, c. 199, p. 753, s. 20.
• Section 58:11-43 - Study To Determine Restriction As To Types Of Sewerage Facilities
  The State department shall study the various geographical areas of the State, from time to time, to determine whether any such areas should be...
• Section 58:11-44 - Designation Of Critical Areas By Regulation
  If the State department shall determine that it is essential to the public health and well-being of the inhabitants residing in the area to...
• Section 58:11-45 - Contents Of Regulation
  A regulation designating an area as a critical area for sewerage purposes shall specify the specific geographical area contained within such critical area and...
• Section 58:11-46 - Notice And Hearing
  Prior to promulgation of such regulation, the State department shall hold a public hearing thereon within such area. The State department shall cause to...
• Section 58:11-47 - Adoption Of Regulations; Publication
  Following such hearing and after consultation with the Department of Conservation and Economic Development, the State department shall adopt such regulations designating a critical...
• Section 58:11-48 - Violation; Penalties
  Any person who violates any of the provisions of this act or the rules and regulations adopted hereunder shall be liable to the penalties...
• Section 58:11-49 - Legislative Findings
  The Legislature finds, determines and declares that sewage treatment plants are unable to adequately treat certain sewage discharged into the systems because of the...
• Section 58:11-50 - Definitions
  As used in this act, unless otherwise clearly indicated or required by the context: a. "Department" means the State Department of Environmental Protection. b....
• Section 58:11-51 - Rules And Regulations; Establishment, Alteration Or Abolition
  The commissioner shall have the power to establish and from time to time alter or abolish rules and regulations establishing pretreatment standards to which...
• Section 58:11-51.1 - Findings, Declarations
  The Legislature finds and declares that only the most contaminated sludges are ocean disposed; that these sludges are generated by sewage treatment plants, which...
• Section 58:11-51.2 - Pretreatment Of Industrial Discharges
  The Department of Environmental Protection shall accelerate the industrial wastewater pretreatment program, hire additional personnel, develop stricter standards for industrial discharges, and increase enforcement...
• Section 58:11-52 - Effective Date Of Standards; Persons Subject To Standards
  After the effective date of any pretreatment standards established as provided in this act, no person, firm or corporation, public or private, or any...
• Section 58:11-53 - Enforcement By Agencies; Application By Users; Rules And Regulations; Inspection
  For the purpose of enforcing the provisions of this act and the rules and regulations adopted pursuant thereto, the municipalities, authorities, commissions, or any...
• Section 58:11-54 - Violations; Injunction
  If any person, corporation or municipality violates any of the provisions of this act or rules and regulations promulgated thereunder, the department or any...
• Section 58:11-55 - Enforcement
  a. Any person, corporation, or municipality who shall violate any of the provisions of this act or any rules or regulations promulgated thereunder shall...
• Section 58:11-56 - Violations; Closing Off Of Use Of Sewerage Connections
  If any county, municipality, authority, commission, or other public body or agency owning, operating or controlling, separately or jointly, a public sewage treatment plant...
• Section 58:11-57 - Necessity For Issuance Of Permit For Use If Capacity Of Plant Exceeded; Additional Pretreatment Standards
  Nothing in this act shall be construed as requiring any public sewage treatment plant to grant a connection or permit the discharge into its...
• Section 58:11-58 - Severability
  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other...
• Section 58:11-59 - Failure To Comply By Small Water, Sewer Companies.
  1. a. Whenever a small water company or a small sewer company, or both, are found to have failed to comply with any unstayed...
• Section 58:11-60 - Compensation For Acquisition Of Small Water, Sewer Company.
  2. a. Compensation for the acquisition of a small water company, small sewer company, or both, shall be determined: (1)By agreement between the parties,...
• Section 58:11-61 - Order For Acquisition Of Small Water, Sewer Company.
  3. a. The Department of Environmental Protection and the Board of Public Utilities, upon a determination that the costs of improvements to and the...
• Section 58:11-62 - Acquisition, Improvements To Assure Compliance.
  4.Any water company, sewer company, municipal utilities authority or other suitable public or private entity which receives an order pursuant to section 3 of...
• Section 58:11-63 - Collection Of Differential Rate From Customers Of Acquired Company.
  1.Whenever the Department of Environmental Protection and the Board of Public Utilities order the acquisition of a small water company, small sewer company, or...
• Section 58:11-63.1 - Costs Of Acquisition, Improvements Eligible For Financing.
  7. a. Whenever a public or private entity receives an order pursuant to section 3 of P.L.1981, c.347 (C.58:11-61) to acquire a small sewer...
• Section 58:11-63.2 - Acquiring Entity Not Responsible For Prior Discharge Of Hazardous Substance; Immunity From Liability; Exceptions.
  8.The provisions of any law, or rule or regulation adopted pursuant thereto to the contrary notwithstanding, whenever a public or private entity receives an...
• Section 58:11-63.3 - Violations, Penalties.
  9.Any owner or operator of a small water company, small sewer company, or both, who violates the provisions of P.L.1981, c.347 (C.58:11-59 et seq.),...
• Section 58:11-63.4 - Construction Of Act As To Bpu Enforcement.
  10.Nothing in the provisions of P.L.1981, c.347 (C.58:11-59 et seq.), section 1 of P.L.1981, c.389 (C.58:11-63), or P.L.1999, c.296 (C.58:11-63.1 et al.) shall be...
• Section 58:11-64 - Short Title
  This act shall be known and may be cited as the "Water Supply and Wastewater Operators' Licensing Act." L.1983, c. 230, s. 1, eff....
• Section 58:11-65 - Definitions
  As used in this act: a. "Commissioner" means the Commissioner of the Department of Environmental Protection or his designated representative; b. "Department" means the...
• Section 58:11-66 - Systems; Licensed Operator; Classifications And Reclassifications
  a. Every system shall be operated and maintained by at least one licensed operator. Any person employed in the capacity of a licensed operator...
• Section 58:11-67 - Examinations; Issuance Of License; Board Of Examiners; Advisory Bodies
  a. The department shall conduct examinations for licenses to operate systems to be held at least twice annually, by the persons and at the...
• Section 58:11-68 - Fees; Schedule; Disposition; Duration And Renewal Of Licenses
  a. The commissioner is authorized to adopt a fee schedule which shall reasonably cover the cost of examinations, licensing procedures, and the administration and...
• Section 58:11-69 - Issuance Of License Without Examination
  The department may issue licenses, without examination, for the operation of systems to such persons who, in the judgment of the department, meet all...
• Section 58:11-70 - Revocation Or Suspension
  a. The department may revoke or suspend the license of a licensee if the department determines that the application for the license included false...
• Section 58:11-71 - Violations; Penalties
  8. a. If any person violates any of the provisions of this act, or any operating requirements, the department may institute a civil action...
• Section 58:11-72 - Inapplicability Of Act To Prior Or Pending Orders, Proceedings Or Actions
  a. Nothing herein contained shall be held to abate or render invalid any administrative order or proceeding, or suit at law or in equity,...
• Section 58:11-73 - Liberal Construction Of Act; Severability
  The object and design of this act being the protection and preservation of the environment, and the protection and preservation of public health, safety,...
• Section 58:11a-1 - Short Title
  This act shall be known, and may be cited, as the "Water Quality Planning Act." L.1977, c. 75, s. 1, eff. April 25, 1977.
• Section 58:11a-2 - Legislative Findings
  a. The Legislature finds that the people of the State have a paramount interest in the restoration, maintenance and preservation of the quality of...
• Section 58:11a-3 - Definitions
  As used in this act, unless the context clearly requires a different meaning, the following words and terms shall have the following meanings: a....
• Section 58:11a-4 - Areawide Waste Treatment Management Planning Areas; Designation; County Board Of Chosen Freeholders As Designated Areawide Planning Agency
  a. The Governor may designate such areas as he may deem appropriate as areawide waste treatment management planning areas pursuant to the provisions of...
• Section 58:11a-5 - Areawide Plan; Preparation; Contents; County Water Quality Management Plan
  Every designated planning agency and the Department of Environmental Protection for all areas of the State without a designated planning agency, shall conduct an...
• Section 58:11a-6 - Consultation With Concerned County Planning Board And Policy Or Technical Advisory Council
  a. In every planning area in the State, the designated planning agency or the Department of Environmental Protection for all areas of the State...
• Section 58:11a-7 - Continuous Planning Process Of Commissioner
  The commissioner shall conduct a continuing planning process which shall: a. Integrate and unify the statewide and areawide water quality management planning processes; b....
• Section 58:11a-7.1 - Designated Sewer Service Areas, Certain, Approvals Revoked.
  42.Notwithstanding the provisions of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) and the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et...
• Section 58:11a-8 - Comprehensive Public Participation Program
  The Department of Environmental Protection and all areawide waste treatment management planning agencies shall establish a comprehensive public participation program directed towards informing the...
• Section 58:11a-9 - Rules And Regulations
  The commissioner may, pursuant to the "Administrative Procedures Act" P.L.1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations for the preparation and...
• Section 58:11a-10 - Development And Conduct Of Projects And Activities Affecting Water Quality Consistent With Adopted Areawide Plan
  All projects and activities affecting water quality in any planning area shall be developed and conducted in a manner consistent with the adopted areawide...
• Section 58:11a-11 - Liberal Construction; Severability
  This act shall be liberally construed. If any one or more sections, clauses, sentences, or parts of this act shall for any reason be...
• Section 58:11a-12 - Aquifer Recharge Area Defined
  As used in this act, "aquifer recharge area" means an area which may be composed of sand or gravel, may be located at points...
• Section 58:11a-13 - Methodology
  The Department of Environmental Protection, within two years of the effective date of this act, shall prepare and publish a methodology which shall allow...
• Section 58:11a-14 - Map Of Aquifer Recharge Areas
  The Department of Environmental Protection, within four years of the effective date of this act, shall prepare and publish a map of the aquifer...
• Section 58:11a-15 - Map, Methodology As Guidance
  The map of aquifer recharge areas prepared pursuant to section 3 of this act and the suggested land use regulations prepared pursuant to section...
• Section 58:11a-16 - Rules, Regulations.
  The department shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), any rules and regulations necessary to...
• Section 58:11b-1 - Short Title
  1. This act shall be known and may be cited as the "New Jersey Environmental Infrastructure Trust Act." L.1985,c.334,s.1; amended 1997, c.224, s.2.
• Section 58:11b-2 - Findings, Determinations
  2. a. The Legislature finds that the steady deterioration of older sewage and sewer systems and wastewater treatment plants endangers the availability and quality...
• Section 58:11b-3 - Definitions Relative To The New Jersey Environmental Infrastructure Trust.
  3.As used in sections 1 through 27 of P.L.1985, c.334 (C.58:11B-1 through 58:11B-27) and sections 23 through 27 of P.L.1997, c.224 (C.58:11B-10.1 et al.):...
• Section 58:11b-4 - "New Jersey Environmental Infrastructure Trust"
  4. a. There is established in, but not of, the Department of Environmental Protection a body corporate and politic, with corporate succession, to be...
• Section 58:11b-5 - Powers Of Trust.
  5.Except as otherwise limited by the provisions of P.L.1985, c.334 (C.58:11B-1 et seq.) or P.L.1997, c.224 (C.58:11B-10.1 et al.), the trust may: a.Make and...
• Section 58:11b-6 - Issuance Of Bonds, Notes, Other Obligations.
  6. a. Except as may be otherwise expressly provided in the provisions of P.L.1985, c.334 (C.58:11B-1 et seq.) or P.L.1997, c.224 (C.58:11B-10.1 et al.),...
• Section 58:11b-7 - Covenants By Trust
  7. In any resolution of the trust authorizing or relating to the issuance of any of its bonds, notes or other obligations, the trust,...
• Section 58:11b-8 - Pledges Binding
  Any pledge of revenues, receipts, moneys, funds, or other property or instruments made by the trust shall be valid and binding from the time...
• Section 58:11b-9 - Loans To Local Governments.
  9. a. (1) The trust may make and contract to make loans to local government units, or to a local government unit on behalf...
• Section 58:11b-9.1 - "Emergency Loan Fund."
  4. a. The trust shall create and establish a special emergency fund (hereinafter referred to as the "Emergency Loan Fund") for the emergency short-term...
• Section 58:11b-9.2 - "Planning And Design Fund.
  1. a. The trust shall create and establish a special fund (hereinafter referred to as the "Planning and Design Fund") for the short-term or...
• Section 58:11b-9.3 - "Onsite Wastewater Disposal Loan Fund."
  5. a. The trust shall create and establish a special fund (hereinafter referred to as the "Onsite Wastewater Disposal Loan Fund") for the purposes...
• Section 58:11b-9.4 - "Supplemental Loan Fund."
  2. a. The trust shall create and establish a special fund (hereinafter referred to as the "Supplemental Loan Fund") for the short-term or temporary...
• Section 58:11b-9.5 - "Disaster Relief Emergency Financing Program Fund."
  1. a. The trust shall create and establish a special fund (hereinafter referred to as the "Disaster Relief Emergency Financing Program Fund") for the...
• Section 58:11b-9.6 - "Equipment Loan Fund," "Equipment Loan Program."
  1. a. The trust shall create and establish a special fund (hereinafter referred to as the "Equipment Loan Fund") for the short-term or temporary...
• Section 58:11b-10 - "Wastewater Treatment System General Loan Fund"
  10. The trust shall create and establish a special fund to be known as the "wastewater treatment system general loan fund." Subject to the...
• Section 58:11b-10.1 - "Water Supply Facilities General Loan Fund"
  23. The trust shall create and establish a special fund to be known as the "water supply facilities general loan fund." Subject to the...
• Section 58:11b-10.2 - Loan Origination Fee Fund.
  1. a. There is established in the New Jersey Environmental Infrastructure Trust a special fund to be known as the Loan Origination Fee Fund....
• Section 58:11b-11 - Reserve, Guarantee Funds
  a. The trust shall establish reserve and guarantee funds into which shall be deposited the proceeds from any State bond issue authorized for deposit...
• Section 58:11b-12 - Unpaid Obligations Of Local Government Units
  a. To assure the continued operation and solvency of the trust, the trust may require that if a local government unit fails or is...
• Section 58:11b-13 - No Personal Liability
  13. Neither the directors of the trust nor any person executing bonds, notes or other obligations of the trust issued pursuant to P.L.1985, c.334...
• Section 58:11b-14 - Pledge To Bondholders
  14. The State does pledge to and covenant and agree with the holders of any bonds, notes or other obligations of the trust issued...
• Section 58:11b-15 - Authorized Investment
  15. The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations,...
• Section 58:11b-16 - Conveyance Of Government Property
  All State agencies and governmental units, notwithstanding any contrary provision of law, may lease, lend, grant or convey to the trust at its request...
• Section 58:11b-17 - Tax Exemption
  17. All property of the trust is declared to be public property devoted to an essential public and governmental function and purpose and the...
• Section 58:11b-18 - Default
  18. a. If the trust defaults in the payment of principal of, or interest on, any issue of its bonds, notes or other obligations...
• Section 58:11b-19 - Application Of Trust Funds
  19. Sums of money received pursuant to the authority of P.L.1985, c.334 (C.58:11B-1 et seq.) or P.L.1997, c.224 (C.58:11B-10.1 et al.), whether as proceeds...
• Section 58:11b-19.1 - Receipt Of Federal Funds By Trust.
  6.Notwithstanding any provision of P.L.1985, c.334 (C.58:11B-1 et seq.) or P.L.1997, c.224 (C.58:11B-10.1 et al.) to the contrary, the trust may receive federal funds...
• Section 58:11b-20 - Project Priority List.
  20. a. The Commissioner of Environmental Protection shall for each fiscal year develop a priority system for wastewater treatment systems and shall establish the...
• Section 58:11b-20.1 - Priority System For Water Supply Projects; Policies.
  24. a. The Commissioner of Environmental Protection shall for each fiscal year develop a priority system for water supply projects and shall establish the...
• Section 58:11b-21 - Financial Plan.
  21.On or before May 15 of each year, the trust shall submit to the Legislature a financial plan designed to implement the financing of...
• Section 58:11b-21.1 - Submission Of Financial Plan To Legislature.
  25.On or before May 15 of each year, the trust shall submit to the Legislature a financial plan designed to implement the financing of...
• Section 58:11b-22 - Submission Of Financial Plan, Details; Approval.
  22. a. The trust shall submit the financial plan required pursuant to section 21 of P.L.1985, c.334 (C.58:11B-21) to the Secretary of the Senate...
• Section 58:11b-22.1 - Submission Of Financial Plan, Details; Approval.
  26. a. The trust shall submit the financial plan required pursuant to section 25 of P.L.1997, c.224 (C.58:11B-21.1) to the Secretary of the Senate...
• Section 58:11b-22.2 - Submission Of Consolidated Financial Plan.
  27. As an alternative to the individual annual submissions required by the provisions of sections 21 and 22 of P.L.1985, c.334 (C.58:11B-21 and 58:11B-22),...
• Section 58:11b-23 - Expenditure Of Funds
  23. a. No funds from State sources or State bond issues used to capitalize the trust shall be available for use by the trust...
• Section 58:11b-24 - Annual Audit
  a. The trust shall cause an audit of its books and accounts to be made at least once in each year by certified public...
• Section 58:11b-25 - Rules, Regulations For Loans, Guarantees
  25. The trust shall establish the rules and regulations governing the making and use of loans or guarantees, including, but not limited to, procedures...
• Section 58:11b-26 - Affirmative Action Program
  a. The trust shall adopt the rules and regulations requiring a local government unit which receives a loan or guarantee for a project to...
• Section 58:11b-27 - Rules, Regulations, Adoption Procedure
  27. The trust shall adopt such rules and regulations as it deems necessary to effectuate the purposes of P.L.1985, c.334 (C.58:11B-1 et seq.) or...
• Section 58:12a-1 - Short Title
  This act shall be known and may be cited as the "Safe Drinking Water Act." L.1977, c. 224, s. 1, eff. Sept. 17, 1977.
• Section 58:12a-2 - Legislative Findings And Declarations
  The Legislature finds and declares that it is a paramount policy of the State to protect the purity of the water we drink and...
• Section 58:12a-3 - Definitions.
  3.As used in P.L.1977, c.224 (C.58:12A-1 et seq.): a."Administrator" means the Administrator of the United States Environmental Protection Agency or his authorized representative; b."Contaminant"...
• Section 58:12a-4 - Powers, Duties Of Commissioner Relative To Drinking Water Regulations.
  4. a. The commissioner shall prepare, promulgate and enforce and may amend or repeal: (1)State primary drinking water regulations that at any given time...
• Section 58:12a-4.1 - Limitation On Construction Of New Or Extension Of Public Water Systems.
  41.Notwithstanding the provisions of the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.), or any rule or regulation adopted pursuant thereto, to the...
• Section 58:12a-5 - Regulations; Variances Or Exemptions; Duration
  The commissioner may authorize variances or exemptions from the regulations issued pursuant to section 4. of this act under conditions and in such manner...
• Section 58:12a-6 - Knowledge Of Contaminant In Or Likely To Enter Water System; Actions By Commissioner
  The commissioner, upon receipt of information that a contaminant which is present in or is likely to enter a water system may present an...
• Section 58:12a-7 - Emergency Circumstances; Provision Of Safe Drinking Water
  The commissioner shall promulgate an adequate plan for the provision of safe drinking water under emergency circumstances. When, in the judgment of the commissioner,...
• Section 58:12a-8 - Failure Of Public Water Supply System To Comply With Regulations Or Requirements; Notice Requirements
  Whenever a public water supply system: a. is not in compliance with the State primary drinking water regulations; b. fails to perform monitoring required...
• Section 58:12a-9 - General Powers And Duties Of Commissioner.
  9.The commissioner is authorized, in order to carry out the provisions and purposes of this act, to: a.Perform any and all acts necessary to...
• Section 58:12a-10 - Violations; Remedies.
  10. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any provision of the "Safe...
• Section 58:12a-11 - Severability; Liberal Construction; Continuation Of Rules And Regulations Promulgated Pursuant To Repealed Statutes
  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 58:12a-12 - Public Community Water System; Periodic Tests For Hazardous Contaminants
  The owner or operator of each public community water system shall undertake the periodic testing of the water provided to customers by the system...
• Section 58:12a-12.1 - Additional Information Included In Consumer Confidence Report By Public Community Water Systems.
  1. a. The owner or operator of every public community water system required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking...
• Section 58:12a-12.2 - Rules, Regulations.
  2.The Department of Environmental Protection, in consultation with the Drinking Water Quality Institute, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
• Section 58:12a-12.3 - Certain Notice Exemption Not Exercised.
  9.The authority granted pursuant to the "Safe Drinking Water Act Amendments of 1996," 42 U.S.C.s.300f et al., to exempt public community water systems serving...
• Section 58:12a-13 - Maximum Contaminant Levels Of Certain Organic Compounds; List Of Contaminants; Rules And Regulations
  a. The commissioner, after considering the recommendations of the Drinking Water Quality Institute created pursuant to section 10 of this amendatory and supplementary act,...
• Section 58:12a-14 - Test Results; Submission To Department; Spot Checks
  The water purveyor whose water was submitted for a potability test required by this amendatory and supplementary act shall forward to the department a...
• Section 58:12a-15 - Excessive Contaminant In System; Compliance Within One Year Or Earlier; Extension; Failure To Comply; Remedies
  a. The owner or operator of each public community water system which has been determined to contain a chemical or chemical compound identified pursuant...
• Section 58:12a-16 - Voluntary Procedures For Testing For Homeowners With Well
  Local health departments, in cooperation with the department, shall develop voluntary procedures for the testing of water for homeowners whose principal source of potable...
• Section 58:12a-17 - Tariffs; Increase By Order To Equal Service Costs Of Tests
  Within 90 days of the effective date of this amendatory and supplementary act, the Board of Public Utilities shall issue appropriate orders increasing current...
• Section 58:12a-18 - Budget Certification; Cost Of Treatment Technique
  When the department orders a municipality, county, or agency thereof which operates a public water supply system to install treatment techniques or other apparatus...
• Section 58:12a-19 - Annual Report
  The commissioner shall make an annual report to the Legislature and the Governor and to the Chairmen of the Senate Energy and Environment Committee...
• Section 58:12a-20 - Drinking Water Quality Institute
  a. There is established in the department the Drinking Water Quality Institute. The institute shall comprise 15 members as follows: the Commissioner of Environmental...
• Section 58:12a-21 - Water Tax
  a. There is levied upon the owner or operator of every public community water system a water tax of $0.01 per 1,000 gallons of...
• Section 58:12a-22 - Water Supply Replacement Trust Fund.
  1. a. There is established in the Department of Environmental Protection a non-lapsing revolving fund to be known as the "Water Supply Replacement Trust...
• Section 58:12a-22.1 - Radium-contaminated Water Supply Sub-account; Indication Of Radium; Confirmatory Test; Loans
  a. There is established in the "Water Supply Replacement Trust Fund" established pursuant to section 1 of P.L.1988, c.106 (C.58:12A-22) a Radium-Contaminated Water Supply...
• Section 58:12a-22.2 - Water Supply Remediation Sub-account.
  2. a. There is established in the "Water Supply Replacement Trust Fund" established pursuant to section 1 of P.L.1988, c.106 (C.58:12A-22) a Water Supply...
• Section 58:12a-22.3 - Njhmfa Loans To Homeowners.
  3. a. Of the amount appropriated to the Water Supply Remediation sub-account pursuant to section 6 of P.L.1991, c.456, $3,500,000 is allocated to the...
• Section 58:12a-22.4 - Dep Water Standards; Priority System For Njhmfa Loans.
  4.The Department of Environmental Protection shall establish, within 90 days of the date of enactment of P.L.1999, c.266, standards for sodium, chloride, lead, mercury,...
• Section 58:12a-22.5 - Homeowner Loans Repaid By Spill Compensation Claims
  5. An owner of a single family residence eligible for financial assistance pursuant to the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et...
• Section 58:12a-23 - Funding Of Study To Determine Extent Water Supplies Contaminated With Hazardous Substances; Allocation For Loans To Municipalities To Provide Alternate Water Supply For Persons With Contaminated Water Supply
  a. Of the monies made available for the cleanup of hazardous discharge sites pursuant to P.L.1986, c.144 (C.54:10A-5.1 et seq.) and transferred to the...
• Section 58:12a-24 - 5% Limit On Administration Costs
  a. Of the $40,000,000.00 appropriated pursuant to P.L. 1987, c. 154 to the Department of Environmental Protection for hazardous site mitigation Statewide, the sum...
• Section 58:12a-25 - Loans To Qualifying Municipality Or Municipally-owned Or Privately-owned Public Water Supply System For Extension Of Public Water Supply System To Residential Area
  The Department of Environmental Protection shall utilize $8,000,000.00 of the monies deposited in the "Water Supply Replacement Trust Fund" to provide loans to a...
• Section 58:12a-26 - Short Title
  1.This act shall be known and may be cited as the "Private Well Testing Act." L.2001,c.40,s.1.
• Section 58:12a-27 - Water Testing Of Private Well As Provision Of Contract Of Sale; Reviewing Water Testing Results
  2. a. Every contract of sale of (1) real property the potable water supply for which is a private well located on the property,...
• Section 58:12a-28 - Water Test Parameters
  3.Every water test conducted in accordance with this act shall include a test for at least the following parameters: bacteria (total coliform); nitrates; iron;...
• Section 58:12a-29 - Rules, Regulations; Additional Parameters
  4. a. The Department of Environmental Protection, in consultation with the Drinking Water Quality Institute, established pursuant to section 10 of P.L.1983, c.443 (C.58:12A-20),...
• Section 58:12a-30 - Water Testing By Laboratories; Conditions
  5. a. Any water test conducted in accordance with this act shall be conducted by a laboratory certified by the Department of Environmental Protection...
• Section 58:12a-31 - Actions On Water Testing Results; Information For Public Record
  6. a. The Department of Environmental Protection, within five business days after receiving any report of a water test failure in accordance with this...
• Section 58:12a-32 - Lessor's Water Testing Responsibilities For Private Wells.
  7.Within 18 months after September 14, 2002, and at least once every five years thereafter, the lessor of any real property the potable water...
• Section 58:12a-33 - Public Information, Education Program, Established
  8.The Department of Environmental Protection, in consultation with county health departments, health agencies, and designated health officers, shall establish a public information and education...
• Section 58:12a-34 - Local Health Authority Not Preempted
  9.Nothing in this act shall be construed to limit or preempt the authority of a county, county health department, health agency, or designated health...
• Section 58:12a-35 - Report To Legislature, Governor
  10. Within five years after the date of enactment of this act, the Department of Environmental Protection, in consultation with county health departments, health...
• Section 58:12a-36 - Staffing For Dep
  11. The Department of Environmental Protection shall hire, pursuant to Title 11A (Civil Service) of the New Jersey Statutes, a sufficient number of new...
• Section 58:12a-37 - Annual Budget Request By Dep For Implementation And Staffing
  12. a. Notwithstanding any provision of section 11 of P.L.1983, c.443 (C.58:12A-21) or any other law to the contrary, there is appropriated from the...
• Section 58:14-1 - Boundaries Of Passaic Valley Sewerage District
  58:14-1. All portions of Essex, Union, Passaic, Bergen and Hudson counties, beginning in the center of Newark Bay where the boundary line between the...
• Section 58:14-1.9 - Passaic Valley Sewerage District To Include Part Of Borough Of Franklin Lakes
  2. The boundary lines of the sewerage district known as the Passaic Valley sewerage district, created pursuant to P.L.1902, c.48, as supplemented and continued...
• Section 58:14-1.10 - Boundary Lines Of Passaic Valley Sewerage District, Altered, Amended, Extended
  1. The boundary lines of the sewerage district known as the Passaic Valley sewerage district, created pursuant to P.L.1902, c.48, as supplemented and continued...
• Section 58:14-2 - Passaic Valley Sewerage Commissioners; Body Corporate; General Powers
  The board of commissioners known as the Passaic valley sewerage commissioners, the first members of which were appointed under the act entitled "An act...
• Section 58:14-3 - Appointment Of Commissioners; Removal; Vacancies
  58:14-3. The board shall consist of nine members who shall be appointed by the Governor in the following manner. Each county in the district...
• Section 58:14-4 - $10,000 Salary
  58:14-4. Each of the commissioners shall, before entering upon the duties of his office, take and subscribe an oath that he will faithfully and...
• Section 58:14-5 - Commissioners Not To Be Interested In Contracts; Removal Of Offender; Contracts Void
  No commissioner shall be directly or indirectly interested in any contract awarded under the provisions of this chapter, nor in furnishing materials or supplies...
• Section 58:14-6 - Annual Organization; Officers, Agents And Employees
  The commissioners shall annually on the first Tuesday in May organize by the choice of a chairman and a vice chairman, who shall be...
• Section 58:14-6.1 - Group Hospital Service; Deductions
  Whenever the employees of Passaic Valley Sewerage Commissioners shall have formed themselves into a group for the purpose of obtaining the advantages of a...
• Section 58:14-6.2 - Premium Payments By Commissioners Permissive
  Passaic Valley Sewerage Commissioners may pay as additional compensation to the individual members of the group a part or all of the premium or...
• Section 58:14-7 - Discharge Of Sewage Or Other Polluting Matter Into Certain Waters Prohibited; Enforcement
  No sewage or other polluting matter shall be discharged, directly or indirectly, into the waters of the Passaic river at any point between the...
• Section 58:14-8 - Discharge Of Sewage Or Certain Other Matter, Articles Or Substances Into Enumerated Waters Prohibited; Penalty
  No sewage, waste matter, article or substance, liquid or solid, of any kind which creates odors, gases or fumes, due to the putrefaction of...
• Section 58:14-9 - Municipalities May Request Commissioners To Prepare Plans And Estimates For Construction Of Intercepting Sewers
  The governing body or board having charge of finances of any municipality, lying in whole or in part within the district may, by resolution,...
• Section 58:14-10 - Payment Of Preliminary Expenses By Municipality
  The municipality making such request shall, in and by said resolution, agree to pay the commissioners the cost, not exceeding ten thousand dollars, of...
• Section 58:14-11 - Preparation And Delivery Of Plans And Estimates To Municipalities; Records
  Upon receiving a copy of such resolution authenticated by the clerk or other like officer of one or more of such municipalities, the commissioners...
• Section 58:14-12 - Contracts For Construction, Maintenance And Operation Of Intercepting Sewer; Contents
  Any two or more of said municipalities, at any time after the expiration of three months from the date of the delivery of copies...
• Section 58:14-13 - Apportionment Of Cost Of Construction; Valuation Of Taxable Property
  The cost of the construction of said sewer, plant and works shall in the contract be apportioned to the respective contracting municipalities in such...
• Section 58:14-14 - Provision For Increase Of Sewer Capacity
  In case any contracting municipality shall request sewage capacity in excess of what would be allotted to it for sewage, including ten per cent...
• Section 58:14-15 - Annual Apportionment Of Cost Of Maintenance, Repair And Operation
  The cost of maintenance, repair and operation of said sewer, plant and works shall, by the terms of the contract, be apportioned annually to...
• Section 58:14-15.1 - Installment Payments For Cost Of Maintenance, Repair And Operation
  Payments by municipalities to the commissioners pursuant to any contract entered into for the cost of maintenance, repair and operation of a sewer, plant...
• Section 58:14-16 - Contract Provisions As To Construction, Repair And Operation; Purchase Of Lands
  The contract shall provide for the construction by the commissioners of an intercepting sewer or sewers, plant and works, reasonably sufficient in size and...
• Section 58:14-17 - Items Included In Cost Of Construction
  The total cost and expense of constructing said intercepting sewer, plant and works shall include the expenses of the commissioners incurred prior to March...
• Section 58:14-18 - Items Included In Cost Of Maintenance, Repairs And Operation
  The cost and expense of maintaining, repairing and operating said intercepting sewer, works and plant, shall include the salaries or other compensation of the...
• Section 58:14-19 - Contracting Municipalities To Exercise Powers Of Eminent Domain
  In all the contracts to be made between the municipalities and the commissioners pursuant to the terms of this chapter, the several municipalities so...
• Section 58:14-20 - Commissioners May Acquire And Condemn Lands; Construction And Operation Of Sewer
  Upon the making of the contract hereby authorized, the commissioners may, in their own corporate name, purchase and acquire all lands, and rights and...
• Section 58:14-21 - Location Of Sewer; Entry Upon And Digging Up Of Streets, Etc.
  The commissioners, in the execution of said works, may construct said intercepting sewer and the necessary appurtenances thereto to the point or points of...
• Section 58:14-22 - $7,500 Bid Threshold
  a. Whenever any work to be performed or any material to be furnished shall involve an expenditure of money exceeding the sum of $7,500.00...
• Section 58:14-23 - Contracting Municipalities May Borrow Money And Issue Bonds; Limit Of Indebtedness
  For the purpose of defraying the cost and expense of the construction of any such intercepting sewer, plant and works, and the appurtenances thereof,...
• Section 58:14-24 - Commissioners May Borrow Money; Security
  Upon the making of any such contract as is herein provided for, the commissioners may borrow upon their corporate notes, or other obligations, any...
• Section 58:14-25 - Contracts With Certain Municipalities And Persons For Use Of Sewers, Etc.
  At any time after the making of a contract in accordance with the provisions of this chapter, the commissioners may, with the consent of...
• Section 58:14-26 - Municipalities Contracting Under Section 58:14-25 May Borrow Money
  Every municipality which shall have contracted with the commissioners under the authority of section 58:14-25 of this title shall have as full power to...
• Section 58:14-27 - Contract With Certain Municipalities To Pay Their Portion Of Cost Of Operation And Maintenance
  Where any municipality party to the original contract has made an agreement to allot a portion of its capacity in said sewer to another...
• Section 58:14-28 - Contracts By Municipalities With Others For Use Of Reserve Sewer Capacity
  One or more of the municipalities which are parties to the contract with the commissioners, or to contracts supplementary thereto, as authorized by this...
• Section 58:14-29 - Annual Statement Of Reserve Sewer Capacity
  The commissioners shall prepare annually a statement showing the maximum sewage flows and sewer capacity requirements for each municipality participating in the use of...
• Section 58:14-30 - Supplementary Contracts
  The commissioners and the municipalities contracting with them for the construction and operation of an intercepting sewer and its appurtenances in accordance with the...
• Section 58:14-31 - Control Of Sewers; Payment By Municipalities Of Cost Of Maintenance And Operation
  Upon the completion of any such intercepting sewer, plant and works, and the appurtenances thereof, the commissioners shall retain and have the sole control...
• Section 58:14-32 - Audit Of Accounts Of Commissioners; Financial Report; Liability Of Commissioners
  The state comptroller shall cause the accounts of the commissioners to be annually audited at the expense of the commissioners, and the result of...
• Section 58:14-33 - Suits To Enforce Provisions Of Chapter
  Any municipality, corporation or individual injured by the discharge, directly or indirectly, of any sewage or other polluting matter into the waters of the...
• Section 58:14-34 - Lease Of Lands To Municipalities Maintaining Joint Sewers; Contracts For Disposal Of Sludge; Use Of Moneys Received
  The Passaic valley sewerage commissioners are hereby given the right, power and authority to lease unto any two or more municipalities in this state,...
• Section 58:14-34.1 - Definitions
  Certain terms as used in this act or any amendment of, or supplement to, this act, are defined as follows: "Intercepting sewer" means the...
• Section 58:14-34.2 - Leases For Use Of Intercepting Sewer Authorized
  At any time hereafter, the commissioners may enter into a lease with any municipality, governmental agency, person, firm or corporation, for the use of...
• Section 58:14-34.3 - Determination Of Capacity Before Making Lease; Hearing; Notice
  Before entering into any such lease, the commissioners shall determine that the intercepting sewer has sufficient capacity at the proposed point of intake of...
• Section 58:14-34.4 - Required Provisions In Lease
  The said lease shall provide as follows: that (a) the lessee shall bear his proportionate share of the annual cost of maintenance, repairs and...
• Section 58:14-34.5 - Distribution Of Rentals
  The said annual rentals, exclusive of charges for maintenance, repairs and operations, paid by such lessees for the use of the intercepting sewer for...
• Section 58:14-34.6 - Lessees' Use Not To Interfere With Use By Contracting Agencies
  Nothing herein contained shall be construed to limit or abridge the right of any contracting agency to make use of the intercepting sewer to...
• Section 58:14-34.7 - Use Of Intercepting Sewer In Excess Of Allotted Capacity; Restraining Or Permitting; Rental For Excess Use
  Whenever any contracting agency is using said intercepting sewer in excess of its allotted capacity, the commissioners may, in addition to the right to...
• Section 58:14-34.8 - Repeal
  All acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. L.1943, c. 76, p....
• Section 58:14-34.9 - Lease With Minimum Annual Rental
  Notwithstanding the restrictions and limitations prescribed by the act to which this act is a supplement, the commissioners may enter into a lease with...
• Section 58:14-34.10 - Legislative Declaration As To Need For Repair, Replacement And Improvement
  It has been ascertained by the Legislature of the State of New Jersey and is hereby declared: (a) that there is imperative need for...
• Section 58:14-34.11 - Definitions
  As used in this act, unless a different meaning clearly appears from the context: (a) "Original act" shall mean chapter 14 of Title 58...
• Section 58:14-34.12 - Additional Powers Of Commissioners
  For the purpose of carrying out any of said projects the commissioners shall have the power, in addition to the powers granted by the...
• Section 58:14-34.13 - Continuation Of Status Of Commissioners
  The commissioners shall be or continue to be a public body politic and corporate established as an instrumentality exercising public and essential governmental functions...
• Section 58:14-34.14 - Bond Issue Authorized; Resolution; Notice And Hearing; Issuance And Sale; Bond Anticipation Notes
  (a) For the purpose of raising funds to pay the cost of any of the projects, as defined in section 1 of this act,...
• Section 58:14-34.15 - Notice Limiting Time For Questioning Validity; Bar Of Actions And Defenses
  After the taking effect of a bond resolution, the commissioners may cause to be published in a newspaper of general circulation published in the...
• Section 58:14-34.16 - Negotiability Of Bonds, Obligations And Coupons
  Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within...
• Section 58:14-34.17 - Contractual Provisions Of Bond Resolution
  Any bond resolution of the commissioners authorizing the issuance of any bonds may contain provisions, which regardless of the time of issuance thereof shall...
• Section 58:14-34.18 - Remedies Of Bond Holders
  (a) The provisions of this section shall be applicable to a series of bonds authorized or issued under this act only if the bond...
• Section 58:14-34.19 - Exemptions From Liability
  Neither the members of the commission nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by...
• Section 58:14-34.20 - Interest On Indebtedness As Cost Of System
  11. For all purposes of the original act, and of any contract made or hereafter made thereunder or for the purposes thereof, the cost...
• Section 58:14-34.21 - Mortgage, Pledge, Encumbrance Or Disposal Of System; Exemption From Judicial Process
  Neither the commissioners nor any municipality shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the sewerage system, except...
• Section 58:14-34.22 - Investments In Bonds; Security For Deposits
  Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
• Section 58:14-34.23 - Exemption From Taxation
  The sewerage system and all other property of the commissioners are hereby declared to be public property of a political subdivision of the State...
• Section 58:14-34.24 - Pledge, Covenant And Agreement With Bondholders
  The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds that the State will not...
• Section 58:14-34.25 - Powers And Duties Cumulative And Additional
  The powers granted and duties imposed by this act are cumulative and are granted or imposed in addition to and not in substitution for...
• Section 58:14-34.26 - Partial Invalidity
  If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
• Section 58:14-34.27 - Agreement With Contracting Agency For Use Of Pumping Station And Treatment Facilities
  At any time hereafter the commissioners may enter into an agreement with any contracting agency solely for the use of the commissioners' pumping station...
• Section 58:14-34.28 - Hearing On Proposed Agreement
  Before entering into any such agreement the commissioners shall hold a public hearing at which time opportunity shall be afforded the remaining contracting agencies...
• Section 58:14-34.29 - Contents Of Agreement
  The said agreement shall provide as follows: A. The contracting agency entering into said agreement shall pay to the commissioners for this sewage at...
• Section 58:14-34.30 - Agreements Limited By Capacity Of Facilities
  No contracting agency shall be permitted to enter into any agreement for the discharge of a quantity of sewage, which, in addition to any...
• Section 58:14-35 - Rules And Regulations; Civil Penalty For Violations
  The commissioners shall have the power to adopt rules and regulations in conformity with requirements imposed by the federal government as a condition of...
• Section 58:14-36 - Passaic Valley Sewerage Commissioners, Establishment Of Reduced Rates For Certain Affordable Housing Projects.
  6. a. Notwithstanding the provisions of section 1 of P.L.1976, c.125 (C.58:14-35) or any other provision of law, rule or regulation to the contrary,...
• Section 58:14-37 - Customers Of Passaic Valley Sewerage Commissioners, Electronic Billing, Payment Permitted.
  10. Upon the request of a customer, the Passaic Valley Sewerage Commissioners may: a.offer the customer the ability to receive or access, in electronic...
• Section 58:16a-1 - Short Title; Declaration Of Advisability
  a. This act shall be known and may be cited as the "State Flood Control Facilities Act." b. It is hereby declared that the...
• Section 58:16a-2 - Receipt Of Moneys From Federal Government, Counties And Municipalities For Reimbursement
  The State Treasurer is hereby authorized to receive from the Federal Government any moneys which the Federal Government shall offer to the State of...
• Section 58:16a-4.1 - Flood Control Facilities; Authorization To Plan, Acquire, Construct And Operate
  The Commissioner of Environmental Protection is authorized to plan, acquire, construct and operate flood control facilities upon concluding that the public safety, health and...
• Section 58:16a-5 - Authority Of Commissioner Of Environmental Protection
  The Commissioner of Environmental Protection is hereby authorized and directed for and in behalf of the State to carry out the State's participation in...
• Section 58:16a-6 - Relocation And Reconstruction For Flood Control Project
  The commissioner shall carry out the relocation and reconstruction of streets, sidewalks, public grounds, parks, cemeteries, water supply systems, sewer systems and lighting systems...
• Section 58:16a-7 - Participation By Municipalities Or Counties, Or Agency Or Instrumentality Thereof
  The governing body of any municipality or county or any agency or instrumentality thereof may participate with the State of New Jersey in a...
• Section 58:16a-8 - Public Utilities To Remove, Relocate And Reconstruct Facilities
  Whenever the commissioner shall determine that the construction of a flood control project requires the removal, relocation and reconstruction of any plants, works, holders,...
• Section 58:16a-9 - Acquisition Of Property; Eminent Domain; Entry On Property
  (1) The commissioner, for the people of the State of New Jersey, shall acquire any property or interest therein necessary for purposes connected with...
• Section 58:16a-10 - Lease, Sale Or Exchange Of Property Taken; Conveyance To United States
  The commissioner (a) may determine whether any property taken for any of the purposes connected with flood control projects pursuant to this act may...
• Section 58:16a-11 - Certification By Attorney-general Of Title Or Interest Of State In Property
  The Attorney-General is hereby authorized and empowered to certify to the United States of America or a department, agency or authority thereof having jurisdiction...
• Section 58:16a-12 - Easement Rights; Termination
  If the commissioner shall determine subsequent to the taking of a temporary easement right in property that the purposes for which such easement right...
• Section 58:16a-14 - Completed Works; Maintenance
  After the completion of any Federal flood control project or a portion thereof and after such project or portion thereof has been formally turned...
• Section 58:16a-15 - Payment Of Moneys Appropriated
  The moneys hereby appropriated shall be payable on the audit and warrant of the treasurer on vouchers approved by the commissioner. L.1948, c. 351,...
• Section 58:16a-16 - Approval Of Projects By Legislature
  Notwithstanding any other paragraph of this act, the Commissioner of Conservation shall not exercise any of the powers granted hereinunder until said project or...
• Section 58:16a-17 - Money Received Pursuant To Federal Flood Control Act Of 1938; Disbursement; Expenditures
  Whenever, pursuant to the Federal Flood Control Act of 1938 as supplemented by the Act of August 18, 1941 as amended, the State Treasurer...
• Section 58:16a-50 - Short Title; Declaration Of Policy
  a. This act shall be known and may be cited as the "Flood Hazard Area Control Act." b. It is in the interest of...
• Section 58:16a-51 - Definitions
  As used in this act, unless the context indicates another or different meaning or intent: (a) "Channel" means a watercourse with definite bed and...
• Section 58:16a-52 - Delineation Of Flood Hazard Areas.
  3. a. The department shall study the nature and extent of the areas affected by flooding in the State. After public hearing upon notice,...
• Section 58:16a-53 - Markers
  The department may conspicuously mark in the field (1) any flood hazard area delineated by the department, and (2) any other area the department...
• Section 58:16a-55 - Land In Designated Floodway; Rules, Regulations And Orders Concerning Development And Use; Waiver
  (a) The department is authorized to adopt, amend and repeal rules and regulations and to issue orders concerning the development and use of land...
• Section 58:16a-55.1 - Repair Or Rebuilding Of Lawful Preexisting Structure Within Flood Hazard Area
  No rule or regulation adopted pursuant to section 4 or 7 of P.L.1972, c. 185 (C. 58:16A-55 or 58) shall prevent the repair or...
• Section 58:16a-55.2 - Structure Or Alteration Within Area Subject To Inundation By 100 Year Design Flood Of Nondelineated Stream; Approval; Conditions
  a. No structure or alteration within the area which would be inundated by the 100 year design flood of any nondelineated stream shall be...
• Section 58:16a-55.3 - Application For Development Under Municipal Land Use Law; Approval By Department
  No application for development as defined in the "Municipal Land Use Law," P.L.1975, c. 291 (C. 40:55D-1 et seq.), for a structure within the...
• Section 58:16a-55.4 - County Stormwater Control And Drainage Plans; Utilization On Determinations Of Approval
  Any county governing body may prepare a stormwater control and drainage plan for the county. Such plans shall be prepared after consultation and discussion...
• Section 58:16a-55.5 - County Water Resources Associations
  Any county governing body may by ordinance or resolution as appropriate, create a county water resources association which may include the chief administrative officer...
• Section 58:16a-55.6 - Delegation Of Power To Approve Or Disapprove Application To County Governing Body
  The Department of Environmental Protection may delegate its power to approve or disapprove any application made to it pursuant to this act and its...
• Section 58:16a-55.7 - Exemptions To Requirement For Permit To Repair Dam
  2.The Commissioner of Environmental Protection shall not require a permit for the repair of any dam used for agricultural purposes within a special agricultural...
• Section 58:16a-55.8 - Hazardous Substances, Placing, Storing In Certain Flood Plains, Prohibited.
  2. a. No person shall place or store, or cause to be placed or stored, any containers holding hazardous substances as defined in section...
• Section 58:16a-56 - Minimum Standards For Local Rules And Regulations
  The department shall promulgate minimum standards for the adoption of local rules and regulations concerning the development and use of land in the flood...
• Section 58:16a-57 - Rules And Regulations By Affected Municipality Or Other Responsible Entity For Development And Use Of Land In Flood Fringe Area
  Within 12 months after the delineation of any flood hazard area, and at least 12 months after the promulgation of standards by the department,...
• Section 58:16a-58 - Failure To Adopt Or Enforce Local Rules And Regulations; Action By Department
  If any affected municipality or other responsible entity fails to adopt or fails to enforce rules and regulations concerning the development and use of...
• Section 58:16a-59 - Adoption Of Rules And Regulations By Department; Requirements
  No rule or regulation adopted by the department pursuant to sections four or seven of this act shall become effective until after notice and...
• Section 58:16a-60 - Inapplicability Of Rules And Regulations To Lands Regulated By Wetlands Act Of 1970
  Any rules and regulations adopted pursuant to this act shall not apply to the extent that lands affected thereby are regulated pursuant to "the...
• Section 58:16a-60.1 - Zero Net Fill Requirement In Flood Hazard Areas, Certain.
  43.Notwithstanding the provisions of the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or any rule or regulation adopted pursuant thereto, to...
• Section 58:16a-61 - Establishment Of Full Value Of Lands For Assessment
  Local assessors shall consider the impact of rules or regulations issued pursuant to this act in establishing full value of lands designated as floodways...
• Section 58:16a-62 - Local Rules And Regulations More Restrictive Than State Standards; Authorization
  Any municipal or other entity vested with authority to adopt rules and regulations concerning the development and use of land may adopt requirements more...
• Section 58:16a-63 - Violations Of Act; Remedies.
  12. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any provision of the "Flood...
• Section 58:16a-64 - Liberal Construction
  This act shall be liberally construed to effectuate the purpose and intent thereof. L.1972, c. 185, s. 13, eff. Dec. 14, 1972.
• Section 58:16a-65 - Effect Of Act On Powers, Duties And Functions On State Department Of Environmental Protection
  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 58:16a-66 - 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 58:16a-67 - Written Notice Of Intent To Undertake A Project To Clean, Clear, Desnag Stream; Definitions.
• Section 58:16a-68 - Municipal Plan For Flood Control Facilities
  2. a. Any municipality, either alone or jointly with any other municipality, may establish a plan, with the approval of the Department of Environmental...
• Section 58:16a-100 - Flood Early Warning System
  a. The Commissioner of the Department of Environmental Protection shall, in consultation with the United States Army Corps of Engineers and in coordination with...
• Section 58:16a-101 - Notification Of Emergency Management Organizations And Police; News Broadcast
  a. As soon as the flood early warning system indicates and the Office of Emergency Management has been notified by the National Weather Service...
• Section 58:16a-102 - "Emergency Supplies" Defined, Regional Directory Database.
  1. a. As used in this section "emergency supplies" means, but is not limited to: equipment such as vehicles, including boats; materials for road...
• Section 58:16a-103 - Definitions Relative To Certain Flood Elevation Standards.
  1. a. As used in this section: "Existing structure" means any structure that existed on October 28, 2012. "Highest applicable flood elevation standard" means...
• Section 58:20-5 - Payments To Municipalities To Offset Tax Losses; Relocation Of Roads
  To the end that municipalities may not suffer loss of taxes by reason of the acquisition and ownership by the State of New Jersey...
• Section 58:21-6 - Payments To Municipalities To Offset Tax Losses; Application Of Revenues; Relocation Of Roads
  To the end that municipalities may not suffer loss of taxes by reason of the acquisition and ownership by the State of New Jersey...
• Section 58:21b-1 - Appropriation; Engineering; Site Acquisition
  There is hereby appropriated from the Water Conservation Fund to the Department of Environmental Protection the sum of $29 million, or so much thereof...
• Section 58:21b-2 - Definitions
  As used in this act unless the context clearly indicates otherwise: (a) "Real property" means lands, within or without the State, and improvements thereof...
• Section 58:21b-3 - Eminent Domain
  Acquisition of real property for water supply facilities as authorized by this act may be made by purchase or by the exercise of the...
• Section 58:21b-4 - Exchange Of Lands
  Where in connection with the acquisition of such real property, it shall be necessary to acquire lands, portions of which are deemed by the...
• Section 58:21b-5 - Use Of Property
  Real property acquired as authorized pursuant to this act shall be held primarily for use in connection with a water supply system, but shall...
• Section 58:21b-6 - Payments In Lieu Of Taxes
  To the end that municipalities may not suffer loss of taxes by reason of the acquisition and ownership by the State of New Jersey...
• Section 58:22-1 - Short Title
  This act shall be known and may be cited as the "New Jersey Water Supply Law, 1958." L.1958, c. 34, p. 94, s. 1.
• Section 58:22-2 - Legislative Findings
  The Legislature hereby finds and determines that-- (a) Adequate supplies of wholesome water are essential to the health, welfare, commerce and prosperity of the...
• Section 58:22-3 - Definitions
  As used in this act, unless the context indicates another or different meaning or intent: (a) "Department" means the Department of Conservation and Economic...
• Section 58:22-4 - Acquisition Of Water Supply Facilities; Expenditures; Duties Of Department
  The department shall, through the division or otherwise (a) Plan, design, develop, acquire, construct, and place in operation and maintain the following water supply...
• Section 58:22-5 - Expenditure Of Uncommitted Funds
  The department may expend or commit any remaining funds unexpended or uncommitted as hereinabove authorized for any project, as defined herein, as shall be...
• Section 58:22-6 - Reimbursement Of State From Proceeds Of Water Bond Act Of 1958
  Any funds of the State heretofore authorized by law to be expended for any of the specific purposes authorized by this act and which...
• Section 58:22-7 - Restrictions On Pumping Water From South Branch Of Raritan River, Release Into Prescott Brook, Round Valley Reservoir.
  7.No water shall be pumped from the south branch of the Raritan river into the Round Valley reservoir whenever the flow in the Raritan...
• Section 58:22-8 - Release Of Water Into South Branch Of Raritan River From Spruce Run, Round Valley Reservoirs.
  8. a. Whenever the flow of water in the south branch of the Raritan river is less than 40 million gallons daily at the...
• Section 58:22-8.1 - Continuous Monitoring For Compliance With C.58:12a-1 et Seq.; Altering Of Releases.
  8. a. In order to ensure that safe yield is maintained and the drinking water quality standards adopted pursuant to the "Safe Drinking Water...
• Section 58:22-9 - Use And Disposition Of Water; Application; Hearing; Notice; Objections; Expense Of Hearing
  (a) The department shall have jurisdiction and control, subject to the provisions hereof, over the use and disposition of all additional water made available...
• Section 58:22-10 - Rates And Charges
  The department shall determine and establish, after public hearing, just, reasonable and equitable rates and charges for water sold from any project authorized by...
• Section 58:22-11 - Investigations; Hearings; Findings; Riparian Rights
  The department shall have power to investigate and hold hearings to determine existing water rights in riparian owners and the holders of grants and...
• Section 58:22-12 - Powers Of Department
  For the purposes of this act, the department shall have power: (a) to acquire in the name of the State of New Jersey, as...
• Section 58:22-13 - Eminent Domain; Law Applicable
  Whenever the power of condemnation is exercised by the department pursuant to this act, the provisions of chapter 1 of Title 20 (Eminent Domain)...
• Section 58:22-14 - Regulations; Relocation Or Removal Of Facilities
  The department shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains,...
• Section 58:22-15 - Sale Or Lease Of Land By Counties, Municipalities Or Public Agencies
  Any county, municipality or other political subdivision, or any public agency or body of the State of New Jersey, or any other person, notwithstanding...
• Section 58:22-16 - Use Of Reservoirs For Recreation
  The reservoirs constructed pursuant to this act shall be available for public use for recreation, swimming, fishing and boating in such manner and to...
• Section 58:22-17 - Liberal Construction
  This act is intended to protect and secure the public health and welfare and shall be liberally construed to effect the purposes thereof. L.1958,...
• Section 58:22-18 - Partial Invalidity
  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other...
• Section 58:22-19 - Effective Date; Operative Upon Approval Of Water Bond Act Of 1958
  This act shall take effect immediately, but shall be inoperative unless and until the "New Jersey Water Bond Act, 1958," shall be duly approved...
• Section 58:24-1 - Inspection Of Beds And Shellfish
  The Department of Environmental Protection shall inspect as often as it may deem necessary, the various places within the jurisdiction of the State from...
• Section 58:24-2 - Condemnation Of Beds Dangerous To Health
  The department shall immediately condemn any oyster or clam bed or other place from which oysters, clams or other shellfish are or may be...
• Section 58:24-3 - Condemned Beds; Prohibition Of Taking; Distribution, Sale Or Possession; Permit; Fee
  The department shall prohibit the taking of oysters, clams or other shellfish from a place which has been condemned by the department pursuant to...
• Section 58:24-4 - Distribution, Sale Or Possession Of Shellfish; Prima Facie Evidence Of Intent For Use As Food
  4.For the purposes of P.L.1979, c.321 (C.58:24-1 et seq.), the distribution, sale, offering for sale, or having in possession with intent to distribute or...
• Section 58:24-5 - Prohibition Of Discharge Of Polluting Matter
  No excremental or other polluting matter shall be discharged into or placed in the waters or placed or suffered to remain upon the banks...
• Section 58:24-6 - Order On Growing, Handling Of Shellfish, Disposal Of Polluting Matter
  6.The department may make such specific orders regarding the growing and handling of oysters, clams or other shellfish and the disposal of polluting matter...
• Section 58:24-7 - Inspection Of Places And Samples Of Shellfish
  The department shall have free access to all oyster or clam beds, places of business, buildings and all other places where oysters, clams or...
• Section 58:24-8 - Employees; Supplies; Leases
  The department may employ such persons; purchase and maintain such apparatus and supplies, including suitable boats; and, lease appropriate lands or buildings, when it...
• Section 58:24-9 - Violations; Penalties
  9.A person who violates any of the provisions of P.L.1979, c.321 (C.58:24-1 et seq.) or any rule, regulation, order or permit adopted or issued...
• Section 58:24-10 - Vessel, Vehicle Or Equipment Used In Violations; Confiscation And Forfeiture; Disposal
  10. Any vessel, vehicle, or equipment used in violation of P.L.1979, c.321 (C.58:24-1 et seq.) or any rule, regulation, order or permit issued or...
• Section 58:24-10.1 - Additional Penalties
  6. a. In addition to the penalties prescribed in sections 9 and 10 of P.L.1979, c.321 (C.58:24-9 and 58:24-10), a person who knowingly violates...
• Section 58:24-13 - "Monmouth County Clam Depuration And Relay Program Fund," Established
  3. a. There is established in the Department of Environmental Protection a nonlapsing fund to be known as the "Monmouth County Clam Depuration and...
• Section 58:24-14 - Act Not To Affect Other Authority
  4. Nothing in this act shall be construed to affect or supersede the authority of the Interstate Shellfish Sanitation Conference to establish the guidelines...
• Section 58:25-1 - Short Title
  The State aid program created by sections 11 through 20 of this act shall be known as the "Sewerage Facilities Aid Program." L.1979, c....
• Section 58:25-2 - Public Policy
  It is hereby declared to be public policy of the State of New Jersey to encourage and support, as hereinafter provided, the promotion, planning,...
• Section 58:25-3 - Definitions
  For the purposes of sections 11 through 20 of this act unless the context clearly requires a different meaning: a. "Local governmental unit" shall...
• Section 58:25-4 - Grants For Feasibility Studies And Reports
  a. The commissioner may make grants to any two or more local governmental units, acting together on a joint basis; applying therefor: (1) For...
• Section 58:25-5 - Loans To Local Government Units
  a. Upon application therefor, the commissioner may make loans from the State Sewerage Facilities Loan Fund to any local governmental unit or units which...
• Section 58:25-6 - State Sewerage Facilities Loan Fund
  There is hereby established a State Sewerage Facilities Loan Fund which shall be administered by the State Treasurer. All funds appropriated or otherwise made...
• Section 58:25-7 - Procedures For Applications For Loans And Grants; Rules And Regulations
  The commissioner shall prescribe the procedures for applying for the grants and loans authorized by sections 11 through 20 of this act and may...
• Section 58:25-8 - Grants For Water Pollution Control Projects As Qualify For Federal Aid And Assistance
  a. The commissioner is hereby authorized, subject to the availability of funds, to make grants to any county or municipality, or any combination or...
• Section 58:25-9 - Municipal Collector System Inoperable Due To Unavailable Interceptor System; State Aid For Interest And Debt Service Costs
  Whenever any local governmental unit, pursuant to an order or in the case of a municipality in a county of the first class, pursuant...
• Section 58:25-10 - Procedures For Applications For Grants; Rules And Regulations
  The commissioner shall prescribe the procedures for applying for the grants authorized by sections 11 through 20 of this act and may adopt such...
• Section 58:25-11 - Clean Water Council; Continuance, Transfer And Constitution; Members; Appointment; Term; Reimbursement Of Expenses; Chairman And Vice-chairman
  a. The Clean Water Council as created by P.L.1967, c. 109 and as continued, transferred and constituted the Clean Water Council in the Department...
• Section 58:25-12 - Duties
  The Clean Water Council shall: a. Request from the commissioner such information concerning the Water Pollution Control Program as it may deem necessary; b....
• Section 58:25-13 - Clean Water Scholarship Intern Program
  a. There is hereby established a Clean Water Scholarship Intern Program. b. The commissioner may provide for the payment of room, board, tuition and...
• Section 58:25-14 - Program Of Graduate Study
  The commissioner, subject to available appropriations and grants from other sources, may provide within the Department of Environmental Protection for a program of graduate...
• Section 58:25-15 - Establishment
  There is hereby established a Summer Intern Program in Water Pollution Control. L.1979, c. 321, s. 25, eff. Jan. 18, 1980.
• Section 58:25-16 - Administration
  The Summer Intern Program shall be administered by the Director of the Division of Water Resources in the Department of Environmental Protection. The director...
• Section 58:25-17 - Projects; Assignment
  Interns shall be assigned to projects such as a. making surveys of all places where polluting materials are entering streams, b. providing water sampling...
• Section 58:25-18 - Eligibility
  Any resident of New Jersey who is enrolled full-time as an undergraduate or graduate in any college or university and plans to continue his...
• Section 58:25-19 - Interview Of Applicants
  The director or a member of his staff delegated by him shall interview each student to corroborate the student's intentions and to verify his...
• Section 58:25-20 - Evaluation Of Prospective Supervisor
  The director or a member of his staff delegated by him shall evaluate any prospective supervisor of an intern to determine if he is...
• Section 58:25-21 - Choice Of Interns From And Assignment To Work In Every County
  Interns shall be chosen from every county and shall be assigned to work on water pollution control projects in every county. L.1979, c. 321,...
• Section 58:25-22 - Compensation
  Interns shall be paid by the department, based on the regular civil service pay scale for student assistants. L.1979, c. 321, s. 32, eff....
• Section 58:25-23 - Short Title
  This act shall be known and may be cited as the "Sewage Infrastructure Improvement Act." L. 1988, c. 90, s. 1.
• Section 58:25-24 - Findings, Declarations
  The Legislature finds and declares that nonpoint sources of pollution represent a significant environmental problem by contributing greatly to the biological and chemical degradation...
• Section 58:25-25 - Standards, Maps
  Within six months after enactment of this act, the Department of Environmental Protection shall develop standards for the inventory and mapping of stormwater sewers...
• Section 58:25-26 - Monitoring Of Water Quality
  4. a. A municipality, upon completion of the map required pursuant to section 3 of P.L.1988, c.90 (C.58:25-25), shall provide for the monitoring of...
• Section 58:25-27 - Unpermitted Interconnections
  A municipality subject to the provisions of section 3 of this act shall eliminate or cause to be eliminated any unpermitted interconnections of stormwater...
• Section 58:25-28 - Abatement Measures
  Within 30 months after enactment of this act, any public entity operating a combined stormwater sewer and sanitary sewage system shall provide abatement measures...
• Section 58:25-29 - Abatement Assistance Fund
  a. There is established in the Department of Environmental Protection a non-lapsing fund, to be known as the "Municipal Stormwater Management and Combined Sewer...
• Section 58:25-30 - 90% State Funding
  Any municipality or other public entity eligible for a grant pursuant to section 7 may apply to the department for up to 90% of...
• Section 58:25-31 - Priority Systems
  a. The Commissioner of the Department of Environmental Protection shall develop a priority system for stormwater sewer system pollution elimination and abatement construction projects...
• Section 58:25-32 - Rules, Regulations
  The Commissioner of the Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.),...
• Section 58:25-33 - Stormwater Collection Systems
  Any stormwater collection system constructed by the Department of Transportation or any other state agency that may discharge stormwater into surface waters, shall be...
• Section 58:26-1 - Short Title
  This act shall be known and may be cited as the "New Jersey Water Supply Privatization Act." L. 1985, c. 37, s. 1, eff....
• Section 58:26-2 - Findings, Determinations
  The Legislature finds that the construction, rehabilitation, operation, and maintenance of modern and efficient water filtration facilities are essential to protecting and improving the...
• Section 58:26-3 - Definitions
  As used in this act: a. "Contracting unit" means a county, district water supply commission, municipality, municipal or county utilities authority, municipal water district,...
• Section 58:26-4 - 40-year Contract Maximum
  The provisions of any other law, or rules and regulations adopted pursuant thereto to the contrary notwithstanding, any contracting unit may enter into a...
• Section 58:26-5 - Notice Of Intention.
  5.A contracting unit which intends to enter into a contract with a private vendor for the provision of water supply services pursuant to the...
• Section 58:26-6 - Request For Qualifications
  Upon submitting the notices of intent pursuant to section 5 of this act, a contracting unit may issue a request for qualifications of vendors...
• Section 58:26-7 - Qualified Vendors
  After reviewing the qualifications submitted by vendors pursuant to section 6 of this act, a contracting unit shall establish a list of all vendors...
• Section 58:26-8 - Request For Proposals
  Upon selecting the qualified vendors pursuant to section 7 of this act, a contracting unit shall transmit a request for proposals to the qualified...
• Section 58:26-9 - Review Of Proposals; Revisions
  A contracting unit shall review proposals submitted by vendors pursuant to section 8 of this act in such a manner as to avoid disclosure...
• Section 58:26-10 - Designation Of Vendor
  After reviewing the proposals submitted by qualified vendors pursuant to section 9 of this act, a contracting unit shall designate in writing the selected...
• Section 58:26-11 - Proposed Contract With Vendors.
  11.Upon designating the selected vendor or vendors pursuant to section 10 of this act, a contracting unit shall negotiate with the selected vendor or...
• Section 58:26-12 - Public Hearing.
  12. a. A contracting unit shall conduct a public hearing or hearings on the charges, rates, or fees, or the formula for determining these...
• Section 58:26-13 - Approval; Conditional Approval
  a. The department, within 60 days of receipt of a proposed contract submitted to it by a contracting unit pursuant to section 12 of...
• Section 58:26-14 - 3 Approvals Required
  A contracting unit may award a contract negotiated pursuant to the provisions of this act to a vendor only after the department, the Board...
• Section 58:26-15 - Mandatory Contract Provisions
  Any contract for the provision of water supply services negotiated and awarded to a vendor by a contracting unit pursuant to this act, or...
• Section 58:26-16 - Lease To Vendor
  A contracting unit which has awarded a contract for the provision of water supply services to a vendor pursuant to this act or the...
• Section 58:26-17 - Prior Negotiations
  Any contracting unit which, prior to the effective date of this act, has issued a request for qualifications and a request for proposals from...
• Section 58:26-18 - Rules, Regulations
  The department, the Board of Public Utilities, and the division may adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1...
• Section 58:26-19 - Short Title
  1. Sections 1 through 8 of P.L.1995, c.101 (C.58:26-19 et seq.) shall be known and may be cited as the "New Jersey Water Supply...
• Section 58:26-20 - Findings, Determinations
  2. The Legislature finds that it is in the public interest and the policy of the State to foster and promote by all reasonable...
• Section 58:26-21 - Definitions
  3. As used in sections 1 through 8 of P.L.1995, c.101 (C.58:26-19 et seq.): "Board" means the New Jersey Board of Public Utilities. "Department"...
• Section 58:26-22 - Contract For Provision Of Water Supply Services
  4. Notwithstanding the provisions of any other law, rule or regulation to the contrary, a public entity may enter into a contract with a...
• Section 58:26-23 - Notice Of Intent, Review Of Proposals, Negotiation Of Contract, Terms
  5. a. A public entity shall publish notice of its intent to enter into a contract pursuant to P.L.1995, c.101 (C.58:26-19 et al.) in...
• Section 58:26-23.1 - Prior Procurements Deemed Valid
  15. Any procurement commenced prior to the effective date of P.L.1995, c.101 (C.58:26-19) which was advertised as being undertaken pursuant to that act in...
• Section 58:26-24 - Public Hearing; Ordinance; Application
  6. a. A public entity that intends to enter into a contract with a private firm for the provision of water supply services pursuant...
• Section 58:26-25 - Approval Of Application
  7. a. Within 60 days of receipt of the application, the board and division shall approve, or conditionally approve, an application submitted by a...
• Section 58:26-26 - Issuance Of Bonds
  8. In order to pay its part of the cost of the water supply facility, a public entity may issue bonds in accordance with...
• Section 58:26-27 - Jurisdiction, Regulation, Control
  9. Notwithstanding any other provision of P.L.1995, c.101 (C.58:26-19 et al.) whenever a private firm enters into a contract with a public entity to...
• Section 58:27-1 - Short Title
  This act shall be known and may be cited as the "New Jersey Wastewater Treatment Privatization Act." L. 1985, c. 72, s. 1, eff....
• Section 58:27-2 - Findings, Declarations
  The Legislature finds and declares that protecting the ground and surface water of the State from pollution is vital to the health and general...
• Section 58:27-3 - Definitions
  As used in this act: a. "Contracting unit" means a county, municipality, municipal or county sewerage or utility authority, municipal sewerage district, joint meeting...
• Section 58:27-4 - Contracts Authorized
  The provisions of any other law, or rules and regulations adopted pursuant thereto to the contrary notwithstanding, any contracting unit may enter into a...
• Section 58:27-5 - Notice Of Intent.
  5.A contracting unit which intends to enter into a contract with a private vendor for the provision of wastewater treatment services pursuant to the...
• Section 58:27-6 - Request For Qualifications
  Upon submitting the notices of intent pursuant to section 5 of this act, a contracting unit may issue a request for qualifications of vendors...
• Section 58:27-7 - Qualified Vendors
  After reviewing the qualifications submitted by vendors pursuant to section 6 of this act, a contracting unit shall establish a list of all vendors...
• Section 58:27-8 - Request For Proposals
  Upon selecting the qualified vendors pursuant to section 7 of this act, a contracting unit shall transmit a request for proposals to the qualified...
• Section 58:27-9 - Review Of Proposals; Revision
  A contracting unit shall review proposals submitted by vendors pursuant to section 8 of this act in such a manner as to avoid disclosure...
• Section 58:27-10 - Vendor Designation
  After reviewing the proposals submitted by qualified vendors pursuant to section 9 of this act, a contracting unit shall designate in writing the selected...
• Section 58:27-11 - Negotiation Of Proposed Contract.
  11.Upon designating the selected vendor or vendors pursuant to section 10 of this act, a contracting unit shall negotiate with the selected vendor or...
• Section 58:27-12 - Public Hearing.
  12. a. A contracting unit shall conduct a public hearing or hearings on the charges, rates, or fees, or the formula for determining these...
• Section 58:27-13 - Approval, Conditional Approval
  a. The department, within 60 days of receipt of a proposed contract submitted to it by a contracting unit pursuant to section 12 of...
• Section 58:27-14 - Contract Award
  A contracting unit may award a contract negotiated pursuant to the provisions of this act to a vendor only after the department and the...
• Section 58:27-15 - Mandatory Provisions
  Any contract for the provision of wastewater treatment services negotiated and awarded to a vendor by a contracting unit pursuant to this act, or...
• Section 58:27-16 - Lease Of Site
  A contracting unit which has awarded a contract for the provision of wastewater treatment services to a vendor pursuant to this act or the...
• Section 58:27-17 - Prior Negotiations
  Any contracting unit which, prior to the effective date of this act, has issued a request for qualifications and a request for proposals from...
• Section 58:27-18 - Rules, Regulations
  The department and the division may adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations...
• Section 58:27-19 - Short Title
  1. Sections 1 through 9 of P.L.1995, c.216 (C.58:27-19 through 58:27-27) shall be known and may be cited as the "New Jersey Wastewater Treatment...
• Section 58:27-20 - Findings, Declarations
  2. The Legislature finds and declares that protecting the ground and surface water of the State from pollution is vital to the health and...
• Section 58:27-21 - Definitions
  3. As used in sections 1 through 9 of P.L.1995, c.216 (C.58:27-19 through 58:27-27): "Concession fee" means a payment from a private firm or...
• Section 58:27-22 - Supersedure
  4. Notwithstanding the provisions of any other law, rule or regulation to the contrary, a public entity may enter into a contract with a...
• Section 58:27-23 - Public Notice, Review Of Proposals, Contract Terms
  5. a. A public entity shall publish notice of its intent to enter into a contract pursuant to P.L.1995, c.216 (C.58:27-19 et al.) in...
• Section 58:27-24 - Public Hearing, Proceedings
  6. a. A public entity that intends to enter into a contract with a private firm or public authority for the provision of wastewater...
• Section 58:27-25 - Approval, Conditional Approval Of Application; Review Of Contract
  7. a. Within 60 days of receipt of the application, the division shall approve, or conditionally approve, an application submitted by a public entity...
• Section 58:27-26 - Bonds, Financing
  8. In order to pay its part of the cost of the wastewater treatment system, a public entity may issue bonds in accordance with...
• Section 58:27-27 - Procurement Of Wastewater Treatment Services Prior To Enactment
  9. A public entity may enter into a contract with a private firm or public authority for the provision of wastewater treatment services, the...
• Section 58:28-1 - Definitions
  1. As used in this act: "Private firm" means a corporation or other business entity that owns or operates, as of the effective date...
• Section 58:28-2 - Contracts With Private Firms For Water Supply
  2. The provisions of any other law, rule or regulation to the contrary notwithstanding, a single municipality which owns and operates a municipal water...
• Section 58:28-3 - Contracts Exempt From Certain Regulation
  3. a. Any partnership or copartnership agreement entered into after the effective date of this act pursuant to a contract authorized under section 2...
• Section 58:28-4 - Definitions Relative To Water Supply, Wastewater Treatment Services
  3.As used in sections 3 through 6 of P.L.2002, c.47 (C.58:28-4 through 58:28-7): "Board" means the Board of Public Utilities. "Concession fee" means a...
• Section 58:28-5 - Published Notice Of Intent To Enter Into Contract
  4. a. The governing body of a city of the first class shall publish notice of its intent to enter into a contract pursuant...
• Section 58:28-6 - Public Hearing On Contract
  5. a. The governing body of a city of the first class that intends to enter into a contract with a duly incorporated nonprofit...
• Section 58:28-7 - Approval, Conditional Approval Of Application
  6. a. Within 45 days of receipt of the application, the board and division shall approve, or conditionally approve, an application submitted by a...
• Section 58:29-1 - Short Title.
  1. This act shall be known and may be cited as the "Watershed Protection and Management Act of 1997." L.1997,c.261,s.1.
• Section 58:29-2 - Findings, Declarations Relative To Watershed Protection And Management.
  2. The Legislature finds and declares that, on November 5, 1996, the voters overwhelmingly approved an amendment to the New Jersey Constitution dedicating the...
• Section 58:29-3 - Definitions Relative To Watershed Protection And Management.
  3. As used in this act: "Department" means the Department of Environmental Protection; "Federal Act" means the federal "Clean Water Act" (33 U.S.C. s.1251...
• Section 58:29-4 - "Watershed Management Fund," Established.
  4. The "Watershed Management Fund," hereinafter referred to as the "fund," is hereby established as a nonlapsing, revolving fund in the Department of Environmental...
• Section 58:29-5 - Purposes Of Fund.
  5. Monies in the fund shall be used only for the following purposes: a. The development and adoption of a priority list of water...
• Section 58:29-6 - Loan And Grant Program.
  6. a. (1)The department shall establish a loan and grant program to assist watershed management groups in the funding of watershed management activities. A...
• Section 58:29-7 - Use Of Appropriated Funds.
  7. a. Any monies appropriated to the department pursuant to Article VIII, Section II, paragraph 6, subparagraph (a) of the New Jersey Constitution, and...
• Section 58:29-8 - Annual Appropriation To Municipalities For Lands Subject To Moratorium On Conveyance Of Watershed Lands.
  1.There shall be appropriated each State fiscal year from the "Highlands Protection Fund" created pursuant to section 19 of P.L.2004, c.120 (C.54:1-85) to each...
• Section 58:30-1 - Short Title.
  1.Sections 1 through 9 of this act shall be known and may be cited as the "Water Infrastructure Protection Act." L.2015, c.18, s.1.
• Section 58:30-2 - Findings, Declarations Relative To Water And Wastewater Treatment And Conveyance Systems.
  2.The Legislature finds and declares that: a.The maintenance and operation of water and wastewater treatment and conveyance systems is vital to ensuring the protection...
• Section 58:30-3 - Definitions Relative To Water And Wastewater Treatment And Conveyance Systems.
  3.As used in this act, "Board" means the Board of Public Utilities. "Capable private or public entity" means any private or public water system...
• Section 58:30-4 - Sale, Long-term Lease Of Assets.
  4.If an owner determines that emergent conditions exist, the owner may long-term lease or sell its water or wastewater assets to a capable private...
• Section 58:30-5 - Determination Of Existence Of Emergent Conditions.
  5. a. The determination that emergent conditions exist shall be made by certification of the mayor, the mayor's designee of the municipality, and a...
• Section 58:30-6 - Request For Qualifications.
  6. a. A request for qualifications from a capable private or public entity wishing to be considered for the long-term lease or sale of...
• Section 58:30-7 - Negotiations For A Contract For Lease Or Sale.
  7. a. After the designated respondent is selected, negotiations for a contract for the lease or sale of the water or wastewater assets may...
• Section 58:30-9 - Requirements For Contractor, Subcontractor.
  9.Any contractor or subcontractor hired by the designated respondent, in the performance of a contract entered into pursuant to section 8 of P.L.2015, c.18...

Last modified: October 11, 2016