Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Declaring Intent
Purpose: Supporting A Bill To Amend The Definition Of Hazardous Substances contained within The Spill Compensation And Control Act, N.J.S.A: 58:10-23.11(B)
Additional Information:
Sponsor: Rice
body
WHEREAS, the City of Newark is a public body corporate and politic of the State of New Jersey; and
WHEREAS, the City of Newark is a named Third-Party Defendant in the pending environmental litigation captioned NJDEP v. Occidental Chemical, et al., Docket No. ESX-L-9868-05; and
WHEREAS, in the pending litigation the Third-Party Plaintiffs are seeking contribution, among other things, from the City of Newark as a result of various alleged discharges of sewage and/or sewage sludge into the Arthur Kill, the Passaic River Basin, and Newark Bay Complex; and
WHEREAS, the Spill Compensation and Control Act (the “Act”), N.J.S.A. 58:10-23.11(b), currently contains a definition of hazardous substances that reads as follows:
“Hazardous substances” means the “environmental hazardous substances” on the environmental hazardous substance list adopted by the department pursuant to section 4 of P.L.1983, c.315 (C.34:5A-4); such elements and compounds, including petroleum products, which are defined as such by the department, after public hearing and which shall be consistent to the maximum extent possible with, and which shall include, the list of hazardous substances adopted by the Federal Environmental Protection Agency pursuant to section 311 [33 U.S.C. 1321] of the Federal Water Pollution Control Act Amendments of 1972, Pub.L.92-500, as amended by the Clean Water Act of 1977, Pub.L.95-217 (33 U.S.C. § 1251 et seq.); the list of toxic pollutants designated by Congress or the EPA pursuant to section 307 [33 U.S.C. 1317] of the act; and the list of hazardous substances adopted by the federal Environmen...
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