New Jersey § 58:10b-17

§ 58:10b-17.

a. (1) Except where a limitations provision expressly and specifically applies to

actions commenced by the State or where a longer limitations period would otherwise

apply, and subject to any statutory provisions or common law rules extending limitations

periods, any civil action concerning the remediation of a contaminated site or the

closure of a sanitary landfill facility commenced by the State pursuant to the State's

environmental laws shall be commenced within three years next after the cause of action

shall have accrued. (2) For purposes of determining whether a civil action subject to the limitations

periods specified in paragraph (1) of this subsection has been commenced within time,

no cause of action shall be deemed to have accrued prior to January 1, 2002 or until

the contaminated site is remediated or the sanitary landfill has been properly closed,

whichever is later. b. (1) Except where a limitations provision expressly and specifically applies to

actions commenced by the State or where a longer limitations period would otherwise

apply, and subject to any statutory provisions or common law rules extending limitations

periods, any civil action concerning the payment of compensation for damage to, or

loss of, natural resources due to the discharge of a hazardous substance, commenced

by the State pursuant to the State's environmental laws, shall be commenced within

five years and six months next after the cause of action shall have accrued. (2) For purposes of determining whether a civil action subject to the limitations

periods specified in paragraph (1) of this subsection has been commenced within time,

no cause of action shall be deemed to have accrued prior to January 1, 2002 or until

the completion of the remedial action for the entire contaminated site or the entire

sanitary landfill facility, whichever is later. c. As used in this section: “ State's environmental laws ” means the “Spill Compensation and Control Act,” P.L.1976, c. 141 ( C.58:10-23.11 et seq. ), the “Water Pollution Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ), P.L.1986, c. 102 ( C.58:10A-21 et seq. ), the “Brownfield and Contaminated Site Remediation Act,” P.L.1997, c. 278 ( C.58:10B-1.1 et al.), the “Industrial Site Recovery Act,” P.L.1983, c. 330 ( C.13:1K-6 et al.), the “Solid Waste Management Act,” P.L.1970, c. 39 ( C.13:1E-1 et seq. ), the “Comprehensive Regulated Medical Waste Management Act,” P.L.1989, c. 34 ( C.13:1E-48.1 et seq. ), the “Major Hazardous Waste Facilities Siting Act,” P.L.1981, c. 279 ( C.13:1E-49 et seq. ), the “Sanitary Landfill Facility Closure and Contingency Fund Act,” P.L.1981, c.

306 ( C.13:1E-100 et seq. ), the “Regional Low-Level Radioactive Waste Disposal Facility Siting Act,” P.L.1987,

c. 333 ( C.13:1E-177 et seq. ), or any other law or regulation by which the State may compel a person to perform

remediation activities on contaminated property; and “ State ” means the State, its political subdivisions, any office, department, division, bureau,

board, commission or agency of the State or one of its political subdivisions, and

any public authority or public agency, including, but not limited to, the New Jersey

Transit Corporation . d. Nothing in the amendatory provisions to this section adopted pursuant to P.L.2009, c. 60 ( C.58:10C-1 et al.) shall extend a limitations period that has expired prior to the date of enactment

of P.L.2009, c. 60 ( C.58:10C-1 et al.).