SENATE SUBSTITUTE FOR
SENATE, No. 2108
STATE OF NEW JERSEY
ADOPTED NOVEMBER 22, 2010
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Senators Greenstein, Stack and Assemblywoman Spencer
Clarifies liability for discharges of hazardous substances from drilling platforms that enter NJ waters.
CURRENT VERSION OF TEXT
As amended by the General Assembly on December 5, 2011.
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 1from a drilling platform1, or is in any way responsible for a hazardous substance that is discharged 1from a drilling platform1, 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.