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Using the New Jersey Spill Act Safe Harbor to Protect Lenders

USING THE NEW JERSEY SPILL ACT SAFE HARBOR TO PROTECT LENDERS

Written By: Gordon C. Duus
Mandelbaum Salsburg
West Orange, New Jersey
Environmental Claims Journal, September 2013

Lenders in New Jersey have come to understand that they may be exposed to environmental liability for hazardous substances affecting collateral under federal and state law. While initially the parameters of this liability were not clearly understood, the New Jersey legislature and the United States Congress have enacted amendments to environmental laws in an attempt to clarify the activities that lenders may undertake to protect their interests, while avoiding environmental liability, before making a loan, after making a loan but before foreclosure and after acquiring title through foreclosure. This article describes how lenders can protect themselves from liability under the New Jersey Spill Compensation and Control Act by availing themselves of the protections of the Act’s safe harbor provisions.

In New Jersey, the liability of a lender for hazardous substance contamination affecting the collateral for their loans is determined by reference to both state law, principally the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (“Spill Act”), and federal law, principally the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. Before those laws were amended in an attempt to provide clear protections for lenders, referred to as a “safe harbor,” it was unclear what actions lenders could take to avoid liability for hazardous substances on property that served as collateral for a loan, whether before or after foreclosure. That uncertainty made it difficult for lenders to decide how best to protect their interests in the context of existing loans and made lenders more reluctant to accept properties that either had, or were likely to have, hazardous substance contamination issues as collateral for a new loan. The amendments were designed to allow lenders to make business decisions with a clearer understanding of what activities could be undertaken to protect their interests while still avoiding New Jersey and federal liability for the hazardous substances. This article will discuss how the amendment to the Spill Act protects lenders from liability for hazardous substance contamination.

New Jersey Safe Harbor for Lenders

The Spill Act provides that “any person who has discharged a hazardous substance, or is in any way responsible for any hazardous substance, shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs no matter by whom incurred.”1 Before the Spill Act safe harbor amendment was enacted, the statute provided no clear guidance to a lender regarding what actions it could take to protect its interests without being “in any way responsible” under the Spill Act, leaving that matter for judicial interpretation. In 1993, New Jersey amended the Spill Act to provide a safe harbor for lenders from Spill Act liability.2 In particular, the amendment provides that a person who maintains indicia of ownership of a vessel, facility or underground storage tank facility (collectively, “Facility”) and who does not participate in the management of the Facility is not deemed to be an owner or operator of the Facility, shall not be deemed the discharger or responsible party for a discharge from the Facility and shall not be liable for cleanup costs or damages resulting from discharges from the Facility pursuant to the Spill Act or the Underground Storage of Hazardous Substances Act,3 except to the limited extent that liability may still apply after foreclosure under the Spill Act safe harbor amendment,4 as discussed below.

  1. Indicia of Ownership. The amendment defines “indicia of ownership,” the holding of which is protected from Spill Act liability, as evidence of a security interest,5 evidence of interest in a security interest, or evidence of an interest in real or personal property acquired incident to foreclosure and its equivalents6 (collectively, “Foreclosure” ).7 Evidence of such interests include mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property, legal or equitable title obtained pursuant to Foreclosure.8 Evidence of such interests also includes assignments, pledges, or other rights to, or other forms of encumbrance against, property that are primarily to protect a security interest.9 A person is not required to hold title or a security interest in order to maintain indicia of ownership.10
  2. Lender as Holder. A lender who maintains indicia of ownership primarily to protect a security interest is defined by the amendment as a “holder.”11 A holder includes the initial holder (such as a loan originator), any subsequent holder (such as a successor-in interest or subsequent purchaser of the security interest on the secondary market), a guarantor of an obligation, surety, or any other person who holds ownership indicia primarily to protect a security interest, or a receiver or other person who acts on behalf or for the benefit of a holder.12
    1. Primarily to Protect a Security Interest. In order to qualify for the Spill Act safe harbor, the holder’s indicia of ownership must be held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection for a security interest.13 A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reasons why any ownership indicia are held shall be as protection for a security interest.14
  3. Spill Act Lender Liability Generally. Under the safe harbor amendment, a holder who does not participate in the management of the Facility is not deemed to be an owner or operator of the Facility, shall not be deemed the discharger or responsible party for a discharge from the Facility and shall not be liable for cleanup costs or damages resulting from discharges from the Facility except to the extent that liability may apply to holders after Foreclosure, as discussed below.15
    1. Participation in the Management. The amendment defines “Active participation in the management” or “participation in the management,” to describe when the lender loses the safe harbor protections, as actual participation in the management or operational affairs by the holder of the security interest; however, it does not include the mere capacity, or ability to influence, or the unexercised right to control the Facility.16A holder is considered to be in active participation in the management, while the borrower is still in possession, and therefore exposed to Spill Act liability only if the holder either:
      1. exercises decision-making control over the borrower’s environmental compliance, such that the holder has undertaken responsibility for the borrower’s waste disposal or hazardous substance handling practices; or
      2. exercises control at a level comparable to that of a manager of the borrower’s enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise with respect to:
        1. environmental compliance; or
        2. all, or substantially all, of the operational17 (as opposed to financial or administrative18) aspects of the enterprise other than environmental compliance.19
  4. Spill Act Safe Harbor. The Spill Act safe harbor amendment describes what activities lenders may undertake and still avoid Spill Act liability. Aside from the general rule protecting lenders involved in response actions and cleanups, those permitted activities depend upon whether they take place before the lender holds indicia of ownership, after the lender holds indicia of ownership but before Foreclosure and after the lender acquires the collateral property through Foreclosure. The federal district court has indicated that the Spill Act safe harbor amendment is to be applied retroactively.20Further, the amendment provides that it should not be construed to require a holder of a security interest to conduct or require an environmental inspection and that the liability of the holder of the security interest under the Spill Act is not based on or affected by a failure to conduct an environmental inspection.21 Also, the amendment indicates that a holder of an interest in an underground storage tank is not obligated to comply with the provisions of the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq., unless the holder loses the Spill Act safe harbor exemption.22
    1. Response Actions and Cleanups. A holder does not participate in the management of a Facility by making any response or performing any response action or undertaking any cleanup or removal or similar action under CERCLA, the Spill Act or any other New Jersey or federal environmental law or regulation.23
    2. Acts Prior to Holding Indicia of Ownership. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management.24 So, before acquiring title, the lender may (1) undertake or require an environmental inspection of the Facility in which indicia of ownership are to be held; (2) require a prospective borrower to clean up a Facility; or (3) to comply or come into compliance (whether before or after the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, and such action will not be considered to be participating in the management of the Facility.25 However, a holder is not required to conduct or require an inspection to qualify for the protection provided by the safe harbor amendment, and the liability of a holder is not based on or affected by the holder not conducting or not requiring an inspection.26
    3. Acts After Holding Indicia of Ownership But Prior to Foreclosure. Actions that are consistent with holding Indicia of Ownership primarily to protect a security interest do not constitute participation in management for purposes of the Spill Act safe harbor provisions.27 And the authority for the holder to make such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental and other warranties, covenants, conditions, representations or promises from the borrower.28 Loan policing and work out activities cover and include all activities up to Foreclosure.29
      1. Policing Activities Prior to Foreclosure. A holder who engages in policing activities prior to Foreclosure will remain within the Spill Act safe harbor provided that the holder does not by such actions participate in the management of the Facility.30 Such actions include requiring the borrower to clean up the Facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the Facility in which indicia of ownership are maintained, or the borrower’s business or financial conditions during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring the borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower).31
      2. Work Out Activities Prior to Foreclosure. A holder who engages in work out activities prior to Foreclosure will remain within the Spill Act safe harbor provided that the holder does not by such action participate in the management of the Facility.32 “Work out” refers to those actions by which a holder, at any time prior to Foreclosure, seeks to: prevent, cure, or mitigate a default by the borrower or obligor; or preserve or prevent the diminution of the value of the security.33 Work out activities include restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other accounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower.34
    4. Acts After Foreclosure. The indicia of ownership, held after Foreclosure, continue to be maintained primarily as a protection for a security interest provided that the holder did not participate in the management prior to Foreclosure and that the holder undertakes to sell, re-lease property held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee) or otherwise divest itself of the Facility in a reasonable expeditious manner in accordance with the means and procedures specified in the Spill Act safe harbor amendments.35 Such a holder may liquidate, maintain business operations, undertake environmental response actions pursuant to New Jersey and federal law, and take measures to preserve, protect or prepare the secured asset prior to sale or other disposition, without losing status as a person who maintains indicia of ownership primarily to protect a security interest.36
      1. Establishing Holder’s Intent. For purposes of establishing that a holder is seeking to sell, re-lease property held pursuant to a new lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest a Facility in a reasonably expeditious manner, the holder may use whatever commercially reasonable means are relevant or appropriate with respect to the Facility, or may employ the means specified in N.J.S.A. 58:10-23.11g6.37
      2. Offers of Fair Consideration. A holder that outbids, rejects or fails to act upon a written bona fide, firm offer38 of fair consideration39 within 90 days of receipt of the offer, which offer is received at any time after six months following the date of Foreclosure,40 shall not be deemed to be using a commercially reasonable means for the purpose of the Spill Act safe harbor.41 The six month period begins to run from the time that the holder acquires a marketable title, provided that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title.42 A holder that outbids, rejects or fails to act upon an offer of fair consideration for the Facility within the 90-day period establishes that the ownership indicia in the secured property are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or New Jersey law, to make a higher bid, to obtain a higher offer or to seek or obtain an offer in a different manner.43
      3. Listing the Facility. A holder that is proceeding in a commercially reasonable manner after Foreclosure by, within 12 months following Foreclosure, listing the Facility with a broker, dealer or agent who deals with the type of property in question or by advertising the Facility as being for sale or disposition on at least a monthly basis in either real estate publication or a trade or other publication suitable for the Facility in question, or a newspaper of general circulation44 covering the area where the property is located.45 The 12-month period begins to run from the time that the holder acquires marketable title, provided that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title.46
      4. Five Year Time Limit. A holder must (x) sell, (y) re-lease the property held pursuant to a new lease financing transaction or (z) otherwise divest such Facility in a reasonably expeditious manner, but not later than five years after the date of foreclosure, except that a holder may continue to hold the property for longer than five years without losing status as a person who maintains indicia of ownership primarily to protect a security interest if:
        1. the holder has made a good faith effort to sell, re-lease or otherwise divest itself of the property using commercially reasonable means or other procedures prescribed by the Spill Act;
        2. the holder has obtained any approvals required pursuant to applicable federal or New Jersey banking or other lending laws to continue in possession of the property; and
        3. the holder has exercised reasonable custodial care to prevent or mitigate any new discharges of hazardous substances from the Facility that could substantially diminish the market value of the property.47
      5. No Protection Against Liability for New Discharges. The liability exemption granted to holders after Foreclosure does not apply to liability for any new discharge48 of hazardous substances from the Facility occurring after the date of Foreclosure that is caused by acts or omissions of the holder which can be shown to have been negligent. In the event a property has both preexisting and new discharges, the liability allocable to the holder shall be limited to those cleanup costs or damages that relate directly to the new discharge. In the event there is a substantial commingling of a new discharge with a preexisting discharge, the liability allocable to the holder shall be limited to the cleanup costs or damages in excess of those cleanup costs and damages relating to the preexisting discharge.49 In order to establish that a discharge occurred or began prior to the date of Foreclosure, a holder may perform, but shall not be required to perform, an environmental audit in accordance with any applicable NJDEP regulations and guidelines, to identify such discharges at the Facility.50 Upon receipt of a complete audit from the holder the NJDEP shall, within 90 days of its receipt of the audit, review the audit and transmit its findings to the holder.51
      6. No Protection for Arranging for Off-Site Disposal or Treatment. The safe harbor exemption for liability granted to holders of indicia of ownership to protect a security interest do not apply to liability pursuant to applicable law or regulation for arranging for the off-site disposal or treatment of a hazardous substance or by accepting for transportation and disposal of a hazardous substance at an off-site facility selected by the holder.52
      7. Underground Storage Tank Facilities. A holder who acquires an underground storage (“UST”) facility continues to hold the exemption from liability for the UST facility granted by the Spill Act safe harbor if there is an operator of the UST facility, other than the holder, who is in control of the UST facility or has responsibility for compliance with applicable federal and New Jersey requirements.53 If an operator does not exist, a holder continues to maintain the safe harbor exemption from liability for the UST facility if the holder:
        1. empties all UST facilities within 60 days after Foreclosure or within 60 days after the effective date of N.J.S.A. 58:10B-1.1 et seq., whichever is later, so that no more than one inch of residue, or 0.3% by weight of the total capacity of the UST facility remains in the UST facility, leaves the vent lines open and functioning, and caps and secures all other lines, pumps, manways and ancillary equipment;
        2. empties those UST facilities that are discovered after Foreclosure within 60 days of discovery or within 60 days of the effective date of N.J.S.A. 58:10B-1 et seq., whichever is later, so that no more than one inch of residue or 0.3% by weight of the total capacity of the UST facility remains in the system, leaves the vent lines open and functioning, and caps and secures all other lines, pumps, manways and ancillary equipment; and
        3. permanently closes the UST facility pursuant to the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq. (“USHSA”), or temporarily closes54 the UST facility.55

        An UST facility may be temporarily closed until a subsequent purchaser has acquired marketable title to the UST facility, at which point the purchaser must either operate the UST facility in accordance with applicable federal and New Jersey law or permanently close or remove the UST facility in accordance with the USHSA.56

      8. Required Post-Foreclosure Notices to the NJDEP.
        1. Pre-Foreclosure Discharges. If a holder forecloses on a Facility at which it has actual knowledge a discharge of hazardous substances occurred or began prior to the date of Foreclosure, the holder shall, within 30 days of the date of Foreclosure, notify the NJDEP that Foreclosure has occurred.57 Any person who fails to give the required notice or knowingly gives or causes to be given false information in any report shall be subject to a civil penalty not to exceed $25,000.58
        2. Post-Foreclosure Discharges. The holder shall immediately notify the NJDEP of any new discharge of hazardous substances of which it has actual knowledge, occurring after the date of Foreclosure from a Facility.59 Any person who fails to give the required notice or knowingly gives or causes to be given any false information in any report shall be subject to a civil penalty not to exceed $10,000 per day for each violation.60
        3. No Loss of Status. The failure to give the required notices of pre-Foreclosure or post-Foreclosure discharges will not cause the holder to lose its status as a person who maintains indicia of ownership primarily to protect a security interest.61
  5. NJDEP’s Rights Retained. The Spill Act safe harbor amendment62 provides that nothing in it shall be deemed to prohibit or limit the rights of the NJDEP (x) to clean up a property, or (y) pursuant to N.J.S.A. 58:10-23.11f of the Spill Act, to obtain a lien on the property of a discharger or holder in order to recover cleanup costs63 or to direct the holder to take any emergency response actions, including closure of the Facility, necessary to prevent, contain or mitigate a continuing or new discharge of hazardous substances that poses an immediate threat to the environment or to the public health, safety or welfare.64 Any recovery of cleanup costs from a holder pursuant to a lien obtained by the NJDEP is limited to the actual financial benefit conferred on such holder by a cleanup or removal action, and shall not exceed the amount realized by the holder on the sale or other disposition of the property.65

Conclusion. The Spill Act safe harbor provision for lenders provides fairly clear guidance concerning the activities that a lender may take to protect its business interests while still avoiding liability for hazardous substances contamination under the Spill Act. It can be used by a lender in administering an existing loan or in negotiating a new loan so as minimize its exposure to Spill Act liability.


For more information about Primerus Member law firm, Mandelbaum Salsburg, please contact the International Society of Primerus Law Firms.  Gordon C. Duus, Esq., is a partner and chairman of the environmental law department of Mandelbaum, Salsburg, Lazris & Dicenza, P.A. He has practiced environmental law in New Jersey since 1982, assisting clients with the environmental aspects of thousands of transactions, including lenders and borrowers in financial transactions, and sellers, buyers, landlords, tenants and developers in real estate and commercial transactions.

  1. N.J.S.A. 58:10-23.11g(c)(1).
  2. P.L. 1993, c.112; N.J.S.A. 58:10-23.11g4 through 23.11g8.
  3. N.J.S.A. 58:10A-28.
  4. N.J.S.A. 58:10-23.11g5.
  5. A “security interest” evidence of which constitutes Indicia of Ownership is an interest in a Facility created or established for the purpose of securing a loan or other obligation. Security interests include mortgages, deeds of trust, liens and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in a Facility for the purpose of securing a loan or other obligation. N.J.S.A. 58:10-23.11g4, definition of “Security interest.”
  6. “Foreclosure” and “Foreclosure and its equivalents” mean purchase at foreclosure sale, acquisition or assignment of title in lieu of foreclosure; termination of a lease of other repossession; acquisition of a right to title or possession; an agreement in satisfaction of the obligation; or any other formal or informal manner (whether pursuant to law or under warranties, covenants, conditions, representations or promises from the borrower) by which the holder acquires title to or possession of the secured property. N.J.S.A. 58:20-23.11g4, definition of “Foreclosure” or “foreclosure and it equivalents.”
  7. N.J.S.A. 58:10-23.11g4, definition of “Indicia of ownership.”
  8. Id.
  9. Id.
  10. Id.
  11. N.J.S.A. 58:10-23.11g4, definition of “Holder.”
  12. Id.
  13. N.J.S.A. 58:10-23.11g4, definition of “Primarily to protect a security interest.”
  14. Id.
  15. N.J.S.A. 58:10-23.11g5.
  16. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management.”
  17. Operational aspects of the enterprise that lead to liability include functions such as that of facility manager, underground storage tank facility manager, plant manager, operations manager, chief operating officer or chief executive officer. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (1).
  18. Financial or administrative aspects that do not lead to liability include functions such as that of credit manager, accounts payable or receivable manager, personnel manager, controller, chief financial officer or similar functions. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (1).
  19. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (1).
  20. Kemp Industries, Inc. v. Safety Light Corp., 857 F.Supp. 373, 396-97 (D.N.J. 1994).
  21. N.J.S.A. 58:10-23.11g8.
  22. N.J.S.A. 58:10-23.11g8a.
  23. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (4).
  24. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (2).
  25. Id.
  26. Id.
  27. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (3).
  28. Id.
  29. Id.
  30. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (3)(a).
  31. Id.
  32. N.J.S.A. 58:10-23.11g4, definition of “Active participation in the management,” paragraph (3)(b).
  33. Id.
  34. Id.
  35. N.J.S.A. 58:10-23.11g6.
  36. Id.
  37. N.J.S.A. 58:10-23.11g6(a).
  38. A “written, bona fide offer” means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed Facility, including all material terms of the transaction, from a ready, willing and able purchaser who demonstrates to the holder’s satisfaction the ability to perform. N.J.S.A. 58:10-23.11g6(b)(1).
  39. “Fair consideration” means the value of the security interest when calculated as an amount equal to or in excess of the sum of the outstanding principal (or a comparable amount in the cases of a lease that constitutes a security interest) owed to the holder immediately preceding acquisition of full title (or possession in the case of property subject to a lease financing transaction) pursuant to foreclosure or its equivalents; plus any unpaid interest, rent or penalties (whether arising before or after foreclosure or its equivalents); plus all reasonable and necessary costs, fees or other charges incurred by the holder incident to the work out, foreclosure and its equivalents, retention, maintaining the business activities of the enterprise, preserving, protecting and preparing the Facility prior to sale, re-lease of property held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee) or other disposition; plus response costs incurred under applicable federal or New Jersey environmental cleanup laws or regulations, or at the direction of an on-site coordinator; less any amounts received by the holder In connection with any partial disposition of the property; net revenues received as a result of maintaining the business activities of the enterprise; and any amounts paid by the borrower subsequent to the acquisition of full title (or possession in the case of property subject to a lease financing transaction) pursuant to foreclosure or its equivalents. N.J.S.A. 58:10-23.11g4, definition of “Fair consideration.”
  40. “Date of foreclosure” means the date on which the holder obtains legal or equitable title to the Facility pursuant to or incident to foreclosure. N.J.S.A. 58:10-23.11g4, definition of “Date of foreclosure.”
  41. N.J.S.A. 58:10-23.11g6(b)(1).
  42. Id.
  43. N.J.S.A. 58:10-23.11g6(b)(2).
  44. “General circulation” is “defined as one with a circulation over 10,000, or one suitable under any applicable federal, New Jersey or local rules of court for publication required by court order or rules of civil procedure.” N.J.S.A. 58:10-23.11g6(c).
  45. N.J.S.A. 58:10-23.11g6(c).
  46. Id.
  47. N.J.S.A. 58:10-23.11g6(d).
  48. Nothing in subsection N.J.S.A. 58:10-23.11g6(e) shall be deemed to impose liability for a new discharge from the Facility that is authorized pursuant to a federal or New Jersey permit or cleanup procedure. N.J.S.A. 58:10-23.11g6(e)(2).
  49. N.J.S.A. 58:10-23.11g6(e)(1).
  50. Id.
  51. Id.
  52. N.J.S.A. 58:10-23.11g6(e)(3).
  53. N.J.S.A. 58:10-23.11g6(f)(1).
  54. An UST facility is considered temporarily closed if a holder continues to operate and maintain corrosion protection and reports suspected releases to the NJDEP. If the UST facility has not been upgraded to comply with the USHSA and the applicable federal law or does not comply with the standards for new USTs pursuant to New Jersey and federal law except for spill and overfill protection, and is temporarily closed for 12 months or more following Foreclosure, the holder must conduct a site investigation of the UST facility in accordance with rules and regulations adopted by the NJDEP and shall be required to take any emergency response actions necessary to prevent, contain or mitigate a continuing or new discharge that poses an immediate threat to the environment or to the public health, safety or welfare. N.J.S.A. 58:10-23.11g6(g).
  55. N.J.S.A. 58:10-23.11g6(f)(2).
  56. N.J.S.A. 58:10-23.11g6(g).
  57. N.J.S.A. 58:10-23.11g7(c)(1).
  58. Id.
  59. N.J.S.A. 58:10-23.11g7(c)(2).
  60. Id.
  61. N.J.S.A. 58:10-23.11g7(c)(3).
  62. N.J.S.A. 58:10-23.11g4 through 23.11g8.
  63. N.J.S.A. 58:10-23.11g7(a).
  64. N.J.S.A. 58:10-23.11g7(b).
  65. N.J.S.A. 58:10-23.11g7(a).

The general information contained herein is intended for informational purposes only. It is not intended to be, and should not be construed as, legal advice or legal opinion on any specific facts or circumstances.

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