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NJ · NJ DEP

Spill Act

N.J.S.A. 58:10-23.11 et seq.

The Spill Act (N.J.S.A. 58:10-23.11g) imposes strict, joint, and several liability without regard to fault on any person who has discharged a hazardous substance or "is in any way responsible" for it, for all cleanup and removal costs; courts have held that owning property at the time of a discharge is sufficient to trigger liability. A current owner can also be liable for contamination that pre-dates their ownership unless they qualify for the innocent-purchaser defense, which under N.J.S.A. 58:10-23.11g requires that the buyer have performed "all appropriate inquiry" — a Preliminary Assessment, and a Site Investigation if the preliminary assessment indicates one is necessary — in accordance with NJDEP technical requirements before acquiring the property.

Effective · 1977-04-01
Status · active
Subject · environmental contamination

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Spill Act · NJ · RegWatch