New Jersey § 2a:58b-2

§ 2a:58b-2.

The provisions of any other law, rule or regulation to the contrary notwithstanding,

the liability of any person constructing public works, buildings or improvements or

offering services in connection with the construction of public works, buildings or

improvements for the State, which work includes in whole or in part the removal or

cleanup of hazardous substances, the discharge of hazardous substances, or the containment

of hazardous substances at or near the construction sites, for any injury to a person

or property caused by or related to such construction or services, shall be limited

to acts or omissions of the person during the course of performing such construction

or services which can be shown, based on a preponderance of the evidence, to have

been negligent. For purposes of this act, the demonstration that the acts or omissions of a person

performing such construction or services were in accordance with a plan which has

been reviewed and approved by the New Jersey Department of Environmental Protection

or the United States Environmental Protection Agency and pursuant to State or federal

laws, rules or regulations, and in accordance with generally accepted practices and

state-of-the-art scientific knowledge and utilization of the best technology reasonably

available at the time of the removal, cleanup, containment or discharge of such hazardous

substances shall create a rebuttable presumption that the acts or omissions were not

negligent. This limitation on liability shall be limited to that element of the work which

involves the development of a plan for the handling of hazardous substances and the

handling of hazardous substances. This limitation on liability shall also apply to construction and services undertaken

in the development of such a plan for approval.