New Jersey § 58:10-23

§ 58:10-23.

a. The provisions of any other law, or any rule or regulation adopted pursuant thereto

to the contrary notwithstanding, a person, who owns real property acquired on or after

the effective date of P.L.1997, c. 278 ( C.58:10B-1.1 et al.), shall not be liable for the payment of compensation for damage to, or the

loss of, natural resources, or for the restoration of natural resources on or off

the property in connection with the discharge of a hazardous substance at the property,

pursuant to any statutory or civil common law, to any person, or to the State, provided

that: (1) the person acquired the real property after the discharge of that hazardous substance

at the real property; (2) the person did not discharge the hazardous substance, is not in any way responsible

for the hazardous substance, and is not a corporate successor to the discharger or

to any person in any way responsible for the hazardous substance or to anyone liable

for cleanup and removal costs pursuant to section 8 of P.L.1976, c. 141 ( C.58:10-23.11g ); and (3) the person has not, by contract, using the term of art “natural resource damages,”

expressly assumed the liability for the payment of compensation for damage to, or

loss of, natural resources, or for the restoration of natural resources, that were

injured by a discharge of a hazardous substance at the property. b. The provisions of any other law, or any rule or regulation adopted pursuant thereto

to the contrary notwithstanding, a person, who owns real property acquired on or after

the effective date of P.L.1997, c. 278 ( C.58:10B-1.1 et al.), shall not be liable for cleanup and removal costs for the discharge of a

hazardous substance that has migrated from the property provided that: (1) the person acquired the real property after the discharge of that hazardous substance

at the real property; (2) the person did not discharge the hazardous substance, is not in any way responsible

for the hazardous substance, and is not a corporate successor to the discharger or

to any person in any way responsible for the hazardous substance or to anyone liable

for cleanup and removal costs pursuant to section 8 of P.L.1976, c. 141 ( C.58:10-23.11g ); (3) the person can demonstrate through the performance of a remedial investigation

that the contamination identified on nearby or adjoining property, which is similar

or identical to contamination on the property, originates from more than one source; (4) the person can demonstrate through the performance of a remedial investigation

that a remedial action for the contamination off the property is not necessary to

limit the risk to the public health and the environment from that contamination;

and (5) the person has not, by contract, voluntarily assumed the liability from the person

liable for cleanup and removal costs, for addressing the risks to public health and

the environment from a discharge of a hazardous substance on the property that has

migrated from the property prior to that person's acquisition of the property. Only the person who is liable to clean up and remove the contamination pursuant to

section 8 of P.L.1976, c. 141 ( C.58:10-23.11g ) and who does not have a defense to liability pursuant to subsection d. of that section

shall be liable for any additional remediation costs or cleanup and removal costs

necessary.