New Jersey § 58:4-5
Full text of New Jersey New Jersey Statutes § 58:4-5, with citation guidance and answers to common questions.
§ 58:4-5.
a. An owner or person having control of a reservoir or dam shall: (1) Implement all measures required pursuant to this chapter or the provisions of
P.L.1981, c. 249 ( C.58:4-8.1 et seq. ), or any rule, regulation, code, permit or order issued pursuant thereto, including
but not limited to, performance of periodic inspections required pursuant to section
2 of P.L.1981, c. 249 ( C.58:4-8.2 ) or development, updating and implementation of emergency action plans; (2) Provide to the Department of Environmental Protection, upon request, any reports
or information required pursuant to this chapter or the provisions of P.L.1981, c.
249, or any rule or regulation adopted, or permit or order issued pursuant thereto;
and (3) Implement any action ordered by the Commissioner of Environmental Protection to
correct conditions that render the reservoir or dam to be considered, as determined
by the commissioner, unsafe or improperly maintained or to bring the reservoir or
dam into compliance with standards established pursuant to this chapter, or any rule
or regulation adopted, or permit or order issued pursuant thereto. b. If, in the judgment of the commissioner, any reservoir or dam is not sufficiently
strong to resist the pressure of water that is or may be upon it or there is reasonable cause to believe that danger to life or property may
be anticipated from the reservoir or dam, or if for any other cause the commissioner
shall determine the reservoir or dam to be unsafe or improperly maintained, the commissioner
shall take any action authorized pursuant to this section to compel compliance with the
provisions of this chapter, or any rule or regulation adopted, or permit or order
issued pursuant thereto, and shall determine whether the water in the reservoir or above the dam shall be drawn off
in whole or in part, and what alterations, additions and repairs are necessary to
be made to the reservoir or dam to make it safe and properly maintained or whether the dam or appurtenant structures located therein should be removed . The commissioner also may take action as authorized pursuant to R.S.58:4-6 against the owner or person having control of the reservoir or dam for such relief
as the commissioner may determine. The commissioner shall forthwith in writing order the owner or person having control
of the reservoir or dam to cause the alterations, additions and repairs to be made
within the time to be limited in the order. A copy of any order issued by the commissioner pursuant to this section shall be sent
to the clerk of the municipality and the clerk of the county in which the reservoir
or dam is located. The commissioner also may order the water in the reservoir or above the dam to be
drawn off in whole or in part as the commissioner may determine. The commissioner shall not approve the decommissioning of a reservoir or dam until
the commissioner has provided 30 days' prior notice and the commissioner has complied
with the provisions of R.S.58:4-10 as applicable. The notice of the proposed decommissioning shall be published at least 30 days prior
to the decommissioning of the reservoir or dam in at least one newspaper of general
circulation in the municipality in which the reservoir or dam is located. The commissioner shall have the right to enter upon any and all properties for the
purpose of obtaining information about the safety and proper maintenance of any reservoir,
dam or appurtenant structures located therein. c. Any owner or person having control of a reservoir or dam who fails to comply with
an order issued pursuant to this section or R.S.58:4-6 may be liable to the department in an amount equal to the cost of removal of the
dam or appurtenant structures located therein undertaken by the department, including
attorney's fees and court costs, pursuant to subsection d. of this section. Whenever two or more owners or persons having control of a reservoir or dam are liable
for the cost of removal, including attorney's fees and court costs, the department
may allocate the cost of removal among the liable parties using such factors as the
department determines are appropriate. Nothing in this subsection shall affect the right of any party to seek contribution
from any other person responsible for the cost of removal of the dam pursuant to any
other statute or under common law. d. (1) Whenever the commissioner determines that a dam is in imminent danger of failure
and has reasonable cause to believe that danger to life or property may be anticipated
from the reservoir, dam or appurtenant structures located therein, and the owner of
the dam or person having control of the reservoir or dam has failed to comply with
an order to repair the dam issued pursuant to subsection a. of this section or R.S.58:4-6 , or to take such interim measures as the department determines are appropriate, including
reducing the amount of water impounded by the dam or breaching the dam, the department
may, in addition to actions authorized pursuant to R.S.58:4-6 , enter upon any and all properties wherein the reservoir, dam or appurtenant structures
are located and, using resources and personnel available to the department, remove
or cause to be removed the dam or appurtenant structures located therein, allowing
the water to flow freely. Prior to any action by the department pursuant to this subsection, the owner or person
having control of the reservoir or dam, shall, no later than 60 days after receipt
of a notice from the department of a pending removal action, submit to the department,
in writing, an acceptable implementation plan addressing the proposed actions to be
taken regarding the failed or failing reservoir or dam. (2) Any expenditures made by the department pursuant to this section shall constitute,
in each instance, a debt to the State. The debt shall constitute a lien on all property owned by the owner or person having
control of the reservoir or dam when a certificate of debt, incorporating a description
of the property of the owner or person having control of the reservoir or dam subject
to the repair, and related costs, is duly filed with the clerk of the Superior Court. The clerk shall promptly enter upon the civil judgment and order docket the name
and address of the owner or person having control of the reservoir or dam and the
amount of the lien as set forth in the certificate of debt. Upon entry by the clerk, the lien, to the amount committed by the department for
dam repair, shall attach to the revenues and all real and personal property of the
owner or person having control of the reservoir or dam, whether or not the owner or
person having control of the reservoir or dam is insolvent. The certificate of debt filed pursuant to this paragraph which affects the property
of an owner or person having control of a reservoir or dam subject to the dam repairs
shall create a lien with priority over all other claims or liens which are or have
been filed against the property, except if the property comprises six dwelling units
or less and is used exclusively for residential purposes, this certificate of debt
shall not affect any valid lien, right or interest in the property filed in accordance
with established procedure prior to the filing of this certificate of debt. The certificate of debt filed pursuant to this subsection which affects any property
of an owner or person having control of a reservoir or dam, other than the property
subject to the repairs, shall have priority from the day of the filing of the certificate
of debt over all other claims and liens filed against the property, but shall not
affect any valid lien, right, or interest in the property filed in accordance with
established procedure prior to the filing of a certificate of debt pursuant to this
subsection. Whenever the owner or person having control of the reservoir or dam is a private lake
association or other body representing owners of property adjacent to the reservoir
or lake created by the dam or impoundment, liens may be imposed upon the individual
owners of the property represented by the association. An owner whose property has such a lien imposed may release the property from a
lien claimed under this subsection by filing with the clerk of the Superior Court
a cash or surety bond, payable to the department in the amount of the sums expended
by the department pursuant to this section, including attorney's fees and court costs,
or the value of the property after the abatement action is complete, whichever is
less. e. The provisions of this section shall not limit the use of other remedies available
to the department pursuant to law. f. The commissioner may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968,
c. 410 ( C.52:14B-1 et seq. ), any rules or regulations necessary to implement the provisions of this section.
Frequently Asked Questions About New Jersey § 58:4-5
What does New Jersey Statutes § 58:4-5 cover?
Section 58:4-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 58:4-5?
A common citation format is "New Jersey Statutes § 58:4-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 58:4-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.