New Jersey § 58:10-23

§ 58:10-23.

a. On the 31st day following the adoption of rules and regulations pursuant to section

5 1 of this act, no owner or operator of a refinery, storage, transfer terminal, or pipeline

facility, or a vessel while in the waters of the State, shall transfer, or authorize

or allow to be transferred any hazardous liquid between any such facility and a vessel,

or among two or more vessels, unless, as prescribed by the department, either a boom

or other containment device is in place as hereinafter provided, or the containment

device is available, along with trained personnel, at the site of transfer operations

on a stand-by basis for immediate deployment in the event of a discharge, spill or

release during the transfer. In the case of (1) a transfer of a hazardous liquid between a land-based facility

and a vessel, or between two or more vessels at a facility, the owner or operator

of the facility shall be responsible for the containment device, trained personnel,

or other containment or mitigation measures required by the department, or (2) a vessel-to-vessel

transfer occurring away from a land-based facility, the owner or operator of each

of the vessels involved shall be responsible therefor. b. If a containment device is required by the department to be in place during a transfer

of a hazardous liquid, the device shall be deployed not less than 15 feet from the

vessel or vessels prior to commencement of the transfer operation, except that in

the case of a docked vessel the dock may be used to complete the encirclement of a

vessel with a containment device. The provisions of this act shall not apply to the transfer of a hazardous liquid to

be used solely as fuel to power a vessel. As used in this act, “ hazardous liquid ” shall mean a hazardous substance as such term is defined in section 3 of P.L.1976,

c.141 ( C. 58:10-23.11b ) that is in liquid form at the time of transfer of the hazardous substance from facility

to vessel or from vessel-to-vessel; “ list hazardous liquid ” means a hazardous liquid placed on a list prepared by the department pursuant to

subsection a. of section 2 of this act. 2 1

N.J.S.A. § 58:10-23.11f6. 2

N.J.S.A. § 58:10-23.11f3a.