ASSEMBLY, No. 3124
STATE OF NEW JERSEY
ADOPTED FEBRUARY 10, 2011
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Clarifies liability for discharges of hazardous substances that enter NJ waters.
CURRENT VERSION OF TEXT
Substitute as adopted by the Assembly Environment and Solid Waste Committee.
An Act concerning liability for discharges that enter State waters, and supplementing P.L.1976, c.141 (C.58:10-23.11 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person who discharges a hazardous substance, or is in any way responsible for a hazardous substance that is discharged, into the waters outside the jurisdiction of the State, that enters the waters of the State, shall be liable, strictly, jointly and severally, without regard to fault, for:
(1) cleanup and removal costs;
(2) damages for injury to, destruction of, loss of, or loss of use of natural resources, including costs of assessing the damage;
(3) damages for injury to, or economic losses resulting from, destruction of real or personal property; and
(4) damages for loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real or personal property, or natural resources.
b. Nothing in this section shall limit the liability pursuant to any other State law, or rule or regulation, or federal law of any person who discharges a hazardous substance, or is in any way responsible for a hazardous substance that is discharged, that enters the waters of the State.
2. This act shall take effect immediately.