New Jersey § 13:1d-9

§ 13:1d-9.

The department shall formulate comprehensive policies for the conservation of the

natural resources of the State, the promotion of environmental protection and the

prevention of pollution of the environment of the State. The department shall in addition to the powers and duties vested in it by this act

or by any other law have the power to: a. Conduct and supervise research programs for the purpose of determining the causes,

effects and hazards to the environment and its ecology; b. Conduct and supervise Statewide programs of education, including the preparation

and distribution of information relating to conservation, environmental protection

and ecology; c. Require the registration of persons engaged in operations which may result in pollution

of the environment and the filing of reports by them containing such information as

the department may prescribe to be filed relative to pollution of the environment,

all in accordance with applicable codes, rules or regulations established by the department; d. Enter and inspect any property, facility, building , premises, site or place for the purpose of investigating an actual or suspected source of pollution

of the environment and conducting inspections, collecting samples, copying or photocopying documents

or records, and for otherwise ascertaining compliance or noncompliance with any laws, permits, orders, codes, rules

and regulations of the department. Any information relating to secret processes concerning methods of manufacture or

production, obtained in the course of such inspection, investigation or determination,

shall be kept confidential, except this information shall be available to the department

for use, when relevant, in any administrative or judicial proceedings undertaken to

administer, implement, and enforce State environmental law, but shall remain subject

only to those confidentiality protections otherwise afforded by federal law and by

the specific State environmental laws and regulations that the department is administering,

implementing and enforcing in that particular case or instance. In addition, this information shall be available upon request to the United States

Government for use in administering, implementing, and enforcing federal environmental

law, but shall remain subject to the confidentiality protection afforded by federal

law. If samples are taken for analysis, a duplicate of the analytical report shall be

furnished promptly to the person suspected of causing pollution of the environment; e. Receive or initiate complaints of pollution of the environment, including thermal

pollution, hold hearings in connection therewith and institute legal proceedings for

the prevention of pollution of the environment and abatement of nuisances in connection

therewith and shall have the authority to seek and obtain injunctive relief and the

recovery of fines and penalties in a court of competent jurisdiction ; f. Prepare, administer and supervise Statewide, regional and local programs of conservation

and environmental protection, giving due regard for the ecology of the varied areas

of the State and the relationship thereof to the environment, and in connection therewith

prepare and make available to appropriate agencies in the State technical information

concerning conservation and environmental protection, cooperate with the Commissioner

of Health and Senior Services in the preparation and distribution of environmental

protection and health bulletins for the purpose of educating the public, and cooperate

with the Commissioner of Health and Senior Services in the preparation of a program

of environmental protection; g. Encourage, direct and aid in coordinating State, regional and local plans and programs

concerning conservation and environmental protection in accordance with a unified

Statewide plan which shall be formulated, approved and supervised by the department. In reviewing such plans and programs and in determining conditions under which such

plans may be approved, the department shall give due consideration to the development

of a comprehensive ecological and environmental plan in order to be assured insofar

as is practicable that all proposed plans and programs shall conform to reasonably

contemplated conservation and environmental protection plans for the State and the

varied areas thereof; h. Administer or supervise programs of conservation and environmental protection,

prescribe the minimum qualifications of all persons engaged in official environmental

protection work, and encourage and aid in coordinating local environmental protection

services; i. Establish and maintain adequate bacteriological, radiological and chemical laboratories

with such expert assistance and such facilities as are necessary for routine examinations

and analyses, and for original investigations and research in matters affecting the

environment and ecology; j. Administer or supervise a program of industrial planning for environmental protection;

encourage industrial plants in the State to undertake environmental and ecological

engineering programs; and cooperate with the State Departments of Health and Senior

Services, Labor and Workforce Development , and the New Jersey Commerce Commission in formulating rules and regulations concerning industrial sanitary conditions; k. Supervise sanitary engineering facilities and projects within the State, authority

for which is now or may hereafter be vested by law in the department, and shall, in

the exercise of such supervision, make and enforce rules and regulations concerning

plans and specifications, or either, for the construction, improvement, alteration

or operation of all public water supplies, all public bathing places, landfill operations

and of sewerage systems and disposal plants for treatment of sewage, wastes and other

deleterious matter, liquid, solid or gaseous, require all such plans or specifications,

or either, to be first approved by it before any work thereunder shall be commenced,

inspect all such projects during the progress thereof and enforce compliance with

such approved plans and specifications; l . Undertake programs of research and development for the purpose of determining the

most efficient, sanitary and economical ways of collecting, disposing , recycling or utilizing of solid waste; m. Construct and operate, on an experimental basis, incinerators or other facilities

for the disposal of solid waste, provide the various municipalities and counties of

this State, and the Division of Local Government Services in the Department of Community Affairs

with statistical data on costs and methods of solid waste collection, disposal and

utilization; n. Enforce the State air pollution, water pollution, conservation, environmental protection, solid and hazardous waste management laws , rules and regulations, including the making and signing of a complaint and summons

for their violation by serving the summons upon the violator and thereafter filing

the complaint promptly with a court having jurisdiction; o . Acquire by purchase, grant, contract or condemnation, title to real property, for

the purpose of demonstrating new methods and techniques for the collection or disposal

of solid waste; p. Purchase, operate and maintain, pursuant to the provisions of this act, any facility,

site, laboratory, equipment or machinery necessary to the performance of its duties

pursuant to this act; q. Contract with any other public agency or corporation incorporated under the laws

of this or any other state for the performance of any function under this act; r. With the approval of the Governor, cooperate with, apply for, receive and expend

funds from, the federal government, the State Government, or any county or municipal

government or from any public or private sources for any of the objects of this act; s. Make annual and such other reports as it may deem proper to the Governor and the

Legislature, evaluating the demonstrations conducted during each calendar year; t. Keep complete and accurate minutes of all hearings held before the commissioner

or any member of the department pursuant to the provisions of this act. All such minutes shall be retained in a permanent record, and shall be available

for public inspection at all times during the office hours of the department; u. Require any person subject to a lawful order of the department, which provides

for a period of time during which such person subject to the order is permitted to

correct a violation, to post a performance bond or other security with the department

in such form and amount as shall be determined by the department. Such bond need not be for the full amount of the estimated cost to correct the violation

but may be in such amount as will tend to insure good faith compliance with said order. The department shall not require such a bond or security from any public body, agency

or authority. In the event of a failure to meet the schedule prescribed by the department, the

sum named in the bond or other security shall be forfeited unless the department shall

find that the failure is excusable in whole or in part for good cause shown, in which

case the department shall determine what amount of said bond or security, if any,

is a reasonable forfeiture under the circumstances. Any amount so forfeited shall be utilized by the department for the correction of

the violation or violations, or for any other action required to insure compliance

with the order; v. Encourage and aid in coordinating State, regional and local plans, efforts and

programs concerning the remediation and reuse of former industrial or commercial properties

that are currently underutilized or abandoned and at which there has been, or is perceived

to have been, a discharge, or threat of a discharge, of a contaminant. For the purposes of this subsection, “ underutilized property ” shall not include properties undergoing a reasonably timely remediation or redevelopment

process ; and w. Conduct research and implement plans and programs to promote ecosystem-based management .