Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a2327-11a5095-11a0558-12a0625-12.opn.html -- rank: 1000

... owner or person having control of a reservoir or dam," N.J.S.A. 58:4-5(a) (emphasis added), bears responsibility for a dam under the ... 4 (permitting the Commissioner to inspect any dam or reservoir); N.J.S.A. 58:4-5(b), (d) (granting the Commissioner broad remedial powers regarding unsafe ... owner or person having control of a reservoir or dam." N.J.S.A. 58:4-5(a) (emphasis added). Such person must "[i]mplement all measures ... any action ordered by the Commissioner" to rectify unsafe conditions. N.J.S.A. 58:4-5(a)(1)-(3). The Commissioner is vested with broad enforcement ... argument that the DEP's enforcement powers are limited under N.J.S.A. 58:4-5 and -6 to a single "owner or person in control ... DEP's enforcement powers. For example, the 2005 amendments enacted N.J.S.A. 58:4-5(c), which "explicitly authorizes 'allocation of the cost of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	119830

2 STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. CENTENNIAL LAND & DEVELOPMENT CORP. -- rank: 986

... take direct action and control of a dam deemed unsafe, N.J.S.A. 58:4-5; and to adopt and enforce the statutory provisions by initiating ... implementation of necessary measures to correct the conditions deemed dangerous. N.J.S.A. 58:4-5(a)(1) to (3). The Department's March 13, 1989 ... made within the time to be limited in the order." N.J.S.A. 58:4 5(b). Although N.J.S.A. 58:4-5(c) permits the Department to impose "the cost of removal ... to the Act, this remedy is neither exclusive nor mandatory. N.J.S.A. 58:4-5(d) (governing the Department's right to compensatory damages following ... owner or person having control of a reservoir or dam." N.J.S.A. 58:4-5(a). "[T]he Legislature intended the [Act] to have ...

docket:	a4708-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	unpublished
citation:
Document Size:	97464

3 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. ALLOWAY TOWNSHIP -- rank: 757

... 4 (permitting the Commissioner to inspect any dam or reservoir); N.J.S.A. 58:4-5(b), (d) (granting the Commissioner broad remedial powers regarding unsafe ... owner or person having control of a reservoir or dam." N.J.S.A. 58:4-5(a) (emphasis added). Such person must "[i]mplement all measures ... any action ordered by the Commissioner" to rectify unsafe conditions. N.J.S.A. 58:4-5(a)(1)-(3). The Commissioner is vested with broad enforcement ... owner or person having control of a reservoir or dam." N.J.S.A. 58:4-5(a) (emphasis added). A common sense reading of this language ... S. 1895 (Oct. 18, 2004). One of the sections enacted, N.J.S.A. 58:4-5(c), explicitly authorizes "allocation of the cost of removal among ... slightly different language, at various points in the SDA. Compare N.J.S.A. 58:4-5(a) (" An owner or person having control of a ...

docket:	a3835-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	published
citation:	438 N.J.Super. 501 105 A.3d 1145
Document Size:	47411

4 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. CENTENNIAL LAND DEVELOPMENT CORPORATION -- rank: 711

... a dam, even if through a corporate entity, fall within N.J.S.A. 58:4-5 [declaring responsibilities with respect to dam maintenance] and -6 [providing ...

docket:	a1414-17
court:	NJ Superior Court Appellate Division
decided:	2019-08-08
status:	Unpublished
citation:
Document Size:	59152

5 CITIZENS VOICES ASSOCIATION v. COLLINGS LAKES CIVIC ASSOCIATION, et al. -- rank: 402

... 4-1 to -10. The enforcement provisions of the act, N.J.S.A. 58:4-5, provide that an owner who has control of a dam ...

docket:	A1025-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-08
status:	published
citation:	396 N.J.Super. 432
Document Size:	65187