What is the Departments legal authority and role in overseeing the investigation and restoration of injured natural resources?
Top The Department’s legal authority for the investigation and restoration of injured natural resources is three-fold. First, multiple New Jersey statutes establish the Department’s authority. The most important New Jersey statutes which provide the Department with the authority to require the investigation and restoration of injured natural resources include the Department’s enabling act 2, the Water Pollution Control Act 3, the Spill Compensation and Control Act 4, the Industrial Site Recovery Act 5, and the Brownfield and Contaminated Site Remediation Act 6. More specifically, the definition of “remedial action” under the Brownfield and Contaminated Site Remediation Act, and the definition of “clean up and removal costs” under the Spill Compensation and Control Act, are “sufficiently broad to encompass the [Department’s] power to assess damages caused to natural resources and to require remediation.” 7 In addition, the Industrial Site Recovery Act also “supports the [Department’s] i
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