N.J. Admin. Code § 7:1H-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1H-3.3 - Performance standards for conducting a hazardous substance control program

(a) All activity relating to spill control shall be conducted in accordance with the Discharges of Petroleum and Other Hazardous Substances, N.J.A.C. 7:1E, and the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq.

(b) Investigate reports of spills and other releases into the environment of oil, petroleum products and other hazardous substances from any source or cause, including pipeline or tank ruptures, train derailments, highway accidents, deliberate illegal dumping of waste (whether free-flowing or drummed), leachate from landfill or abandoned dump sites, releases from industrial sites, and the appearance of toxic pollutants in well water. Immediately report in a manner prescribed by the department, all such incidents to the department, along with an account of actions already taken.

(c) In cooperation with the department, participate in the removal of certain designated hazardous substances, including petroleum products, which have been spilled, and in the taking of measures to prevent damage to public health, safety, welfare or the environment resulting from spills, and receive reimbursement for such activity where authorized under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq. Act as on-scene coordinator unless the department indicates it will perform that function. When authorized by the department to act as on-scene coordinator, take charge of removal activities, and report on the measures taken and the results of the measures to the department. When the department acts as on-scene coordinator, give assistance to the department.

(d) Investigate spill incidents in order to determine: the quantity of material released into the environment; the probable impact on public health and natural resources; the causes, persons responsible, and any other information needed to establish the seriousness of the incident; the remedial measures needed; and the identities of persons who may be liable for costs and damages. Make available to the department and the Administrator of the New Jersey Spill Compensation Fund all information and evidence obtained from such investigations. In the event the State brings legal action, investigators and their evidence shall be available to appear in court and pretrial proceedings.

(e) Bring legal action against persons responsible for causing spills, by exercising the power to enforce environmental laws as provided in the Environmental Rights Act, 2A:35A-1 et seq., when requested by the department.

(f) Claims for reimbursement of expenses incurred for activity related to the removal of spills of hazardous substances, or the prevention or mitigation of damages arising from such spills, as authorized by the department, shall be presented to the Administrator of the New Jersey Spill Compensation Fund through the department.

N.J. Admin. Code § 7:1H-3.3