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PETER C. HARVEY ATTORNEY GENERAL OF NEW JERSEY Richard J. Hughes Justice Complex 25 Market Street PO ... - page 35 / 53

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regard to fault, for all cleanup and removal costs as a result of

the discharge of hazardous substances at the Occidental Sites.

  • N.

    J.S.A. 58:10-23.11g.c.(1).

    • 183.

      Occidental, as the generator of hazardous substances that

were discharged at the Occidental Sites, falls within the scope of

the liability imposed on persons "in any way responsible" for the

discharged hazardous substances, and therefore is liable, jointly

and severally, without regard to fault, for all cleanup and removal

costs that the Plaintiffs have incurred, and will incur, as a

result of the discharge of hazardous substances at the Occidental

Sites.

N.J.S.A.

58:10-23.11g.c.(1).

184. Pursuant to N.J.S.A. 58:10-23.11u.a.(1)(a) and N.J.S.A.

58:10-23.11u.b., plaintiff DEP may bring an action in the Superior

Court for injunctive relief, N.J.S.A. 58:10-23.11u.b., for its

unreimbursed investigation, cleanup and removal costs, including

the reasonable costs of preparing and successfully litigating the

action, N.J.S.A. 58:10-23.11u.b.

185. Pursuant to N.J.S.A. 58:10-23.11u.a.(1)(a) and N.J.S.A.

58:10-23.11u.b., plaintiff DEP may bring an action in the Superior

Court for injunctive relief, N.J.S.A. 58:10-23.11u.b., for any

other unreimbursed costs or damages plaintiff DEP incurs under the

Spill Act, N.J.S.A. 58:10-23.11u.b.(5).

186. Pursuant

to

N.J.S.A.

58:10-23.11q.,

plaintiff

Administrator is authorized to bring an action in the Superior

35

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