2A:35A-5 - Rebuttal to prima facie evidence or affirmative defense; rules of evidence - New Jersey Statutes

2A:35A-5.  Rebuttal to prima facie evidence or affirmative defense; rules of evidence
    In any action brought pursuant to section 4 hereof, when the plaintiff in the action has made a prima facie showing that the conduct of the defendant has, or is polluting, impairing or destroying the environment or the interest of the public therein, the defendant may rebut such showing by the submission of competent evidence to the contrary, and defendant may show as an affirmative  defense that his conduct does not violate any statute, regulation or ordinance  designed to minimize pollution or impairment of the environment and is in  compliance in good faith with any pollution abatement schedule if applicable  the purpose of which is alleviation of the damage to the environment complained  of.  The rules concerning burden of proof and weight of evidence generally  applicable in civil actions in the Superior Court shall apply to actions  brought under this act.

     L.1974, c. 169, s. 5, eff. Dec. 9, 1974.