New Jersey § 58:10b-15

§ 58:10b-15.

a. Any person who, before the effective date of P.L.1993, c. 139 ( C.13:1K-9.6 et al.), has discharged a hazardous substance in violation of P.L.1976, c. 141, and: (1) has not been issued a directive to remove or arrange for the removal of the discharge

pursuant to section 7 of P.L.1976, c. 141 ( C.58:10-23.11f ); (2) has not been assessed a civil penalty, a civil administrative penalty, or is not

the subject of an action pursuant to the provisions of section 22 of P.L.1976, c.

141 ( C.58:10-23.11u ); (3) has not entered into an administrative consent order to clean up and remove the

discharge; and (4) has not been ordered by a court to clean up and remove the discharge, shall not

be subject to a monetary penalty for the failure to report the discharge or for any

civil violation of P.L.1976, c. 141 ( C.58:10-23.11 et seq. ) or P.L.1977, c. 74 ( C.58:10A-1 et seq. ) that resulted in the discharge if the person notifies the department of the discharge

and enters into an administrative consent order with the department to remediate the discharge in accordance with the provisions

of P.L.1976, c. 141 ( C.58:10-23.11 et seq. ), or any rules or regulations adopted pursuant thereto, within one year of the effective

date of P.L.1993, c. 139 ( C.13:1K-9.6 et al.). Any person who notifies the department of the discharge pursuant to this section

shall be liable for all cleanup and removal costs as provided in section 8 of P.L.1976,

c. 141 ( C.58:10-23.11g ). b. Notwithstanding the provisions of subsection a. of this subsection, any person

who enters into an administrative consent order pursuant to this section and fails to remediate the

discharge in accordance with the administrative consent order, shall be subject to all penalties for violations that

occurred before the effective date of P.L.1993, c. 139 ( C.13:1K-9.6 et al.) as well as any penalties for subsequent violations. c. The provisions of this section shall not apply to violations of a permit issued

pursuant to P.L.1977, c. 74 ( C.58:10A-1 et seq. ). d. Any documents or information provided to the department pursuant to this section

may not be used in a criminal investigation or criminal prosecution against the person

providing the information or documents for those violations that occurred before the

effective date of P.L.1993, c. 139 as long as the person remediates the discharge in conformance with the administrative

consent order entered into pursuant to subsection a. of this section.