New Jersey § 13:1d-9
Full text of New Jersey New Jersey Statutes § 13:1d-9, with citation guidance and answers to common questions.
§ 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 .
Frequently Asked Questions About New Jersey § 13:1d-9
What does New Jersey Statutes § 13:1d-9 cover?
Section 13:1d-9 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 § 13:1d-9?
A common citation format is "New Jersey Statutes § 13:1d-9" (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 § 13:1d-9 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.