Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Senators Oroho, Singleton, Assemblymen Auth, Harold J. Wirths and Space
SYNOPSIS
Limits liability for persons who deliver heating oil to unregulated tanks for discharges from that tank under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning liability for discharges from unregulated heating oil tanks, 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. Notwithstanding the provisions of section 8 of P.L.1976, c.141 (C.58:10-23.11g), any other law, or common law, a person who delivers heating oil to an unregulated heating oil tank shall not be liable for cleanup and removal costs or for direct or indirect damages due to the discharge of heating oil from that heating oil tank unless the person knew or should have known that the delivery of heating oil would result in the discharge of a hazardous substance from that tank.
2. This act shall take effect immediately.
STATEMENT
This bill would supplement the "Spill Compensation and Control Act" to provide that notwithstanding the liability provisions of that act, any other law, or common law, a person who delivers heating oil to an unregulated heating oil tank would not be liable for cleanup and removal costs or for direct or indirect damages due to the discharge of heating oil from that heating oil tank unless the person knew or should have known that the delivery of heating oil would result in the discharge of a hazardous substance from that tank.