reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 5 - REMEDIATION FUNDING SOURCE AND FINANCIAL ASSURANCE › Section 7:26C-5.11 - Changes in the remediation funding source or financial assurance amount or type and return of the remediation funding source or financial assurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person required to establish a remediation funding source or financial assurance pursuant to this subchapter who wishes to decrease the amount of the remediation funding source shall submit a form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, that provides a revised estimate of the cost of the remediation, that indicates why that cost is less than previously estimated, and is certified by the person responsible for conducting the remediation and by the licensed site remediation professional.
(b) The person required to establish a remediation funding source or financial assurance pursuant to this subchapter may reduce the amount of the remediation funding source or financial assurance to the amount of the estimate submitted to the Department pursuant to (a) above upon either:
1. For cases where the person responsible for conducting the remediation is subject to direct oversight, receipt from the Department of written approval in response to a request submitted pursuant to (a) above, provided, however, that the Department will respond to requests within 45 calendar days after the Department's receipt of the request; or
2. Submission to the Department of a form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, pursuant to 7:26C-5.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 5 - REMEDIATION FUNDING SOURCE AND FINANCIAL ASSURANCE › Section 7:26C-5.12 - Disbursements from the remediation funding source

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, a person who is required to establish and maintain a remediation funding source pursuant to this subchapter, and who has established a remediation trust fund, an environmental insurance policy, letter of credit or a line of credit, in satisfaction of the requirements of this subchapter, may submit to the provider, with a copy to the Department, no more frequently than once every three months, a written request to use the remediation funding source to pay for the actual cost of remediation. The request must include the following information:
1. Identification of the site, including name, address, case number (if applicable), program interest name, and program interest number (preferred ID);
2. The amount of the disbursement request; and
3. A certification by the person responsible for conducting the remediation and by the licensed site remediation professional, that the disbursement request represents actual remediation costs of the subject site, incurred or to be incurred.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 5 - REMEDIATION FUNDING SOURCE AND FINANCIAL ASSURANCE › Section 7:26C-5.13 - Failure to perform the remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall notify in writing the person required to establish a remediation funding source or financial assurance pursuant to this subchapter if the Department determines that the person has failed to perform the remediation as required.
(b) The Department shall provide a copy of the notification required in (a) above to the current owners and operators of the site when the person required to establish the remediation funding source or financial assurance has failed to remediate the site.
(c) The Department may, in its sole discretion, avail itself of the funds in the remediation funding source or financial assurance and perform the remediation of a site using the funds in the remediation funding source or financial assurance.
(d) A person may petition the Department for authority to perform the remediation and to avail itself of all or some of the moneys in the remediation funding source or financial assurance established by another person pursuant to this subchapter. The Department may, in its discretion, disburse all or some of the moneys to the petitioner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 6 - FINAL REMEDIATION DOCUMENTS › Section 7:26C-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the requirements for:
1. Response action outcomes, in 7:26C-6.2;
2. No further action letters, in 7:26C-6.3;
3. Modification, rescission, and invalidation of final remediation documents, in 7:26C-6.4; and
4. Scope of a final remediation document and covenant not to sue, in 7:26C-6.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 6 - FINAL REMEDIATION DOCUMENTS › Section 7:26C-6.2 - Response action outcomes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensed site remediation professional retained by the person responsible for conducting the remediation pursuant to N.J.A.C. 7:26C-2.3(a)1 shall issue a response action outcome to the person who has conducted the remediation:
1. When, in the opinion of the licensed site remediation professional, the site or area of concern has been remediated pursuant to (c), (f) and (g) below;
2. After the Department has issued all remedial action permits required for the remedial action, including a modified remedial action permit required due to a change in a remedial action pursuant to N.J.A.C. 7:26C-6.4;
3. After the person responsible for conducting the remediation has paid to the Department all fees and oversight costs;
4. After all wells no longer used for remediation have been properly decommissioned or otherwise accounted for pursuant to N.J.A.C. 7:9D;
5. For an entire site or one or more areas of concern, including all areas to which contamination originating at the site or area of concern may have migrated; and
6. According to specific tax block and lot or, if no block and lot are available, then other specific identification of the property that was remediated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 6 - FINAL REMEDIATION DOCUMENTS › Section 7:26C-6.4 - Modification, rescission and invalidation of a final remediation document

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A remedial action is not protective of the public health, safety and the environment when any of the following occur:
1. A discharge that occurred prior to the issuance of a final remediation document is discovered after the issuance of the final remediation document and the remediation of that discharge should have been addressed in the remediation to which the final remediation document pertains;
2. The Department amends a remediation standard after the issuance of a final remediation document and the difference between the new remediation standard and the level or concentration of a contaminant at the property differs by an order of magnitude and the person responsible for conducting the remediation fails to complete further remediation;
3. A contaminant exposure pathway from a discharge that predates the final remediation document is identified after the issuance of the final remediation document and was not addressed in the remediation to which the final remediation document pertains;
4. Any person who is obligated to comply with the conditions of the final remediation document fails to do so;
5. The permittees fail to comply with a remedial action permit;
6. The remediation was not conducted in accordance with the remediation standards;
7. The conclusions in the final remediation document are not supported by environmental data as required by this chapter;
8. The scope of the final remediation document is not consistent with the scope of the actual remediation;
9. Mistakes or errors in the final remediation document may result in detrimental reliance on the final remediation document by a third party;
10. The remediation was not conducted pursuant to 7:26C-6.2(c), (f) or (g), as applicable;
11. A presumptive remedy or alternative presumptive remedy was not implemented when required; or
12. Other factors exist that demonstrate that the remediation is not protective of the public health, safety and the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 6 - FINAL REMEDIATION DOCUMENTS › Section 7:26C-6.5 - Scope of final remediation document and covenant not to sue

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of a final remediation document is limited by the scope of the remediation addressed in that document. Likewise, the scope of a covenant not to sue that accompanies a final remediation document is also limited by the scope of the remediation addressed in the final remediation document.
(b) Any covenant not to sue that accompanies a final remediation document is without prejudice to any rights that the Department, the Commissioner, and the Administrator of the New Jersey Spill Compensation Fund may have against the person responsible for conducting the remediation and any person in any way responsible for a discharge, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1g, with respect to liability for:
1. Cleanup and removal costs, damages (including primary and compensatory restoration damages and the costs of any natural resource damage assessments) and injunctive relief, for injury to, destruction of, or loss of natural resources;
2. Cleanup and removal costs, damages, and injunctive relief available to the Plaintiffs in the United States District Court for the District of New Jersey, in the case captioned
NJDEP et al. v. Amerada Hess Corp. et al.
, C.A. No. 3:07-5284, and subsequently pending in the United States District Court for the Southern District of New York, captioned as
In Re; Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
, MDL No. 1358; and
3. Cleanup and removal costs, damages, and injunctive relief available to the Department, the Commissioner, and the Administrator of the New Jersey Spill Compensation Fund in any litigation or claim pending as of the date of a final remediation document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish the administrative requirements of the person responsible for conducting the remediation for:
1. Using a deed notice as an institutional control;
2. Using a ground water classification area as an institutional control; and
3. A remedial action permit that establishes the regulatory mechanism for:
i. Operating and maintaining certain remedial actions;
ii. Monitoring the effectiveness of certain remedial actions; and
iii. Submitting a biennial certification of the continued protectiveness of a remedial action that includes an engineering or institutional control.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.2 - Administrative requirements for using a deed notice in a remedial action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation implementing a remedial action that requires a deed notice pursuant to 7:26E-5.2(a)4  shall prepare a deed notice that:
1. Is worded exactly as the model document in N.J.A.C. 7:26C Appendix B, incorporated herein by reference, except that site-specific information shall be inserted where indicated in the model document; and
2. Includes copies of all required maps that:
i. Are GIS compatible and are prepared using the Department's GIS guidance at
www.nj.gov/dep/srp/guidance/techgis/
;
ii. Are on 8.5 inch by 11 inch paper (using multiple sheets if necessary);
iii. Are scaled at one inch to 200 feet or less;
iv. Are clean, clear, and legible; and
v. Include:
(1) A bar scale;
(2) A north arrow;
(3) A legend;
(4) The applicable Program Interest name and number (Preferred ID);
(5) Tax Block and Lot numbers; and
(6) The date prepared.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.3 - Administrative requirements for establishing and removing a ground water classification exception area in a remedial action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is proposing a ground water classification exception area shall complete and submit to the Department for the Department's approval a CEA/Well Restriction Area (WRA) Fact Sheet form available from the Department at
www.nj.gov/dep/srp/srra/forms
, to which the following shall be attached:
1. The information required pursuant to (b) below;
2. The map and cross sections required pursuant to (c) below;
3. The remedial investigation report submitted pursuant to N.J.A.C. 7:26E-4; and
4. A list of the names and addresses of those persons who were notified pursuant to (d) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.4 - Permittees of remedial action permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each of the following persons shall comply with this section and 7:26C-7.5 through 7.13, including any applicable remedial action permit the Department issues pursuant to this section and 7:26C-7.5 through 7.13:
1. A person subject to 7:26C-2.2; and
2. A statutory permittee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.5 - Application for a remedial action permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall apply for a remedial action permit pursuant to this section, according to the schedules in 7:26C-7.6, when the remedial action includes any of the following:
1. A deed notice or a declaration of environmental restrictions;
2. A ground water classification exception area;
3. Any other institutional or engineering control; or
4. Any obligations for monitoring, maintenance and evaluation of a remedial action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.6 - Remedial action permit application schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall apply for a remedial action permit pursuant to 7:26C-7.4 within two years after the last biennial certification was due to the Department, but in no case later than May 7, 2014, when both of the following apply:
1. The Department has not yet issued a remedial action permit for a remedial action; and
2. The Department has issued a restricted or limited restricted use no further action letter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.7 - General conditions applicable to all remedial action permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The permittee shall:
1. Prepare and submit to the Department biennially a remedial action protectiveness certification on a form available on the Department's website at
www.nj.gov/dep/srp/srra/forms
, as required by this subchapter and the remedial action permit. Information concerning the protectiveness of the remedial action to be supplied by filling out the form includes:
i. The site name and location;
ii. The current owner and operator of the site;
iii. The current lessee of the site, if applicable;
iv. Any areas of immediate environmental concern at the site;
v. The results of the analysis of statutory and regulatory changes subsequent to the establishment of the deed notice or the last submittal of the biennial certification and report;
vi. The use of the site;
vii. Any land use disturbances at the site;
viii. If any additional remediation was conducted at the site; and
ix. The signature and certification of the person(s) responsible for conducting the remediation and the Licensed Site Remediation Professional;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.8 - Specific conditions applicable to soil remedial action permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each permittee of a soil remedial action permit shall comply with all of the following concerning the soil remedial action:
1. The general conditions applicable to all remedial action permits at 7:26C-7.7;
2. The conditions in each notice that meets the requirements of 7:26C-7.2(b)  concerning deed notices, recorded for the property pursuant to the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E;
3. The biennial certification requirements pursuant to (b) through (e) below; and
4. All other conditions that the Department includes in the soil remedial action permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.9 - Specific conditions applicable to ground water remedial action permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The permittee shall comply with all of the following concerning the ground water remedial action:
1. The general conditions applicable to all remedial action permits at 7:26C-7.7;
2. The ground water monitoring reporting requirements in any remedial action workplan or remedial action report approved for the site by either the Department or a licensed site remediation professional;
3. The ground water monitoring plan and schedule as required in 7:26C-7.5(c)4  or 7.5(d)5;
4. The well restrictions associated with each ground water classification exception area for the site;
5. The remedial action protectiveness evaluation in (b) through (d) below; and
6. All other conditions that the Department includes in the ground water remedial action permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.10 - Financial assurance for remedial action permits for remedial actions that include engineering controls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (c) below, the permittee implementing a remedial action that includes an engineering control shall:
1. Submit to the Department, biennially on the same schedule that the permittee is required to submit the biennial certification pursuant to 7:26C-7.7(a)1, an estimate of the future costs to operate, maintain, and inspect all engineering controls that are part of each remedial action at the site; and
2. Maintain financial assurance in accordance with 7:26C-5.2(e):
i. In an amount equal to or greater than the most recent estimated full cost to operate, maintain, and inspect all engineering controls that are part of any remedial action over the life of the permit; and
ii. Until the Department terminates the permit pursuant to 7:26C-7.13.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.11 - Transfer of a remedial action permit by a statutory permittee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A statutory permittee whose status as a statutory permittee has changed shall, pursuant to (b) below, request that the Department transfer the remedial action permit to a new owner, operator, or tenant. The existing statutory permittee shall pay the remedial action permit transfer fee pursuant to N.J.A.C. 7:26C-4.6 and has the burden of showing that its status as a statutory permittee is so limited by law.
(b) No later than 60 calendar days after the sale or transfer of the property, transfer of the operation of the property, or termination of a lease, a statutory permittee shall apply for the remedial action permit transfer pursuant to (c) below.
(c)To apply for a remedial action permit transfer, the statutory permittee shall submit a completed application for a remedial action permit transfer by providing the following information on a form appropriate for the specific remedial action permit, found on the Department's website at
www.nj.gov/dep/srp/srra/forms
:
1. Contact information of the current permittee intending to transfer the permit;
2. Contact information of the prospective permittee, if any;
3. Site identification;
4. Confirmation that the current permittees do not have any outstanding remedial action permit fees; and
5. Confirmation that the prospective permittee requesting a transfer of the remedial action permit:
i. Is the new owner, operator, or tenant of or at the contaminated site;
ii. Has acknowledged in writing that it accepts its responsibility as a permittee; and
iii. Is in compliance with the financial assurance requirements of 7:26C-7.10, if applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.12 - Modification of specific requirements in a remedial action permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may modify a remedial action permit as needed to protect the public health and safety and the environment.
(b) A permittee shall apply to have the Department modify a remedial action permit after the person responsible for conducting the remediation modifies the remedial action, including, but not limited to, the occurrence of any of the following, by submitting a completed form appropriate for the specific remedial action permit, as described in (c) below, available at
www.nj.gov/dep/srp/srra/forms
:
1. A change in the remedial action pursuant to N.J.A.C. 7:26C-6.4;
2. A modification of the engineering or institutional controls, which will result in changes to the exhibits in the deed notice or in the notice in N.J.A.C. 7:26C-7.2(c)2 concerning deed notices; or
3. The permittee changes its address.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 7 - DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTION AREAS, AND REMEDIAL ACTION PERMITS › Section 7:26C-7.13 - Termination of a remedial action permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may terminate a remedial action permit upon request of a permittee if the Department finds that the remedial action:
1. Meets all applicable remediation standards without the need for the remedial action permit; and
2. Is protective of the public health and safety and of the environment without the presence of the remedial action permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 8 - SITE ACCESS › Section 7:26C-8.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter identifies the minimum requirements for the person responsible for conducting the remediation of real property not owned by that person, to obtain access to that property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 8 - SITE ACCESS › Section 7:26C-8.2 - Site access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting remediation shall take all appropriate actions, as outlined in (b) below, to obtain the access to property, not owned by that person, which is necessary to implement the remediation.
(b) The person responsible for conducting the remediation that requires access to the property of another shall send to each owner a written request, via certified mail, for access to the property. The person responsible for conducting remediation shall include the following information in the written request:
1. A description of the obligation that the person responsible for conducting the remediation has to remediate the site;
2. A site map indicating each area for which access is needed;
3. A description of the reason access is needed and the extent of access needed;
4. A description of the remediation to be conducted, indicating the approximate time of initiation of the remediation and the approximate time necessary to implement the remediation; and
5. A request that the property owner respond in writing to the person requesting access within 30 days after receipt of the written request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs administrative enforcement actions the Department may take for a person's violation of any of the following:
1. An administrative order issued pursuant to any of the Department's statutory authorities;
2. An administrative consent order;
3. The Industrial Site Recovery Act, 13:1K-6 et seq., including any of the following:
i. The Industrial Site Recovery Act Rules, N.J.A.C. 7:26B; and
ii. A remediation agreement issued pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and the Industrial Site Recovery Act Rules, at N.J.A.C. 7:26B-4;
4. The Site Remediation Reform Act, 58:10C-1 et seq., and this chapter;
5. The Underground Storage of Hazardous Substances Act, 58:10A-21 et seq., and the Underground Storage Tanks rules, specifically N.J.A.C. 7:14B-1, 3, and 7 through 14;
6. The Discharges of Petroleum and Other Hazardous Substances rules, specifically N.J.A.C. 7:1E-5;
7. The Technical Requirements for Site Remediation, N.J.A.C. 7:26E; or
8. The Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation of an administrative order, an administrative consent order, a remediation agreement, a rule, or a remedial action permit constitutes an additional, separate, and distinct offense, and each penalty payment constitutes a payment of civil or civil administrative penalties pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 through 23.14.
(b) Each day during which a violation continues constitutes an additional, separate, and distinct offense.
(c) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by any other statute or rule in connection with the violation for which the assessment is levied.
(d) Any party to an Administrative Consent Order or a Remediation Agreement that includes stipulated penalty provisions may request in writing that the Department amend its document to replace the stipulated penalty provisions with language deferring to the penalty provisions in N.J.A.C. 7:26C-9. The Department may, in its discretion, agree to modify the Administrative Consent Order or Remediation Agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.3 - Administrative orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the person responsible for conducting the remediation fails to comply with any statute, administrative order, administrative consent order, remediation agreement, remediation certification, rule, remedial action permit, or guidance the Department may issue an administrative order that:
1. Specifies the provision or provisions of any statute, administrative order, administrative consent order, remediation agreement, remediation certification, rule, remedial permit or guidance of which that person is in violation;
2. Cites the action or omission that caused the violation;
3. Requires compliance with such provision or provisions; and
4. Gives notice to that person of a right to an administrative hearing to contest a notice of an administrative order issued pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.4 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in the penalty table at (c) below by an "M" in the Type of Violation column, for which conditions at (c) below are satisfied, is a minor violation and is subject to a grace period, the length of which is indicated in the column with the heading "Grace Period."
(b) Each violation identified in the penalty table at (c) below by an "NM" in the Type of Violation column is a non-minor violation and is not subject to a grace period.
(c) The Department shall provide a grace period for any violation identified as minor under this section, provided that the following conditions are met:
1. The violation is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;
2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department;
3. The person responsible for the violation has not been identified in a previous enforcement action by the Department as responsible for a violation of the same requirement within the preceding 12-month period; and
4. The person responsible for the violation has not been identified by the Department as responsible for the same or substantially similar violations at any time that reasonably indicates a pattern of illegal conduct and not isolated incidents on the part of the person responsible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.5 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of a civil administrative penalty shall be determined as follows:
1. The Department shall identify the violation listed in the table in (b) below;
2. The Department shall determine whether the violation is identified by an "M" or "NM" in the Type of violation column;
3. For a violation identified by an "M" as minor in the "Type of Violation" column, the Department shall apply the provisions of 7:26C-9.4; and
4. For a violation identified by an "NM" as non-minor in the "Type of Violation" column, or for a violation that is identified by an "M" as minor in the "Type of Violation" column, but for which the conditions at 7:26C-9.3 are not satisfied, the Department:
i. Shall identify the corresponding base penalty dollar amount for the rule violated as listed in (b) below;
ii. Shall adjust the amount of the base penalty by applying the factors in 7:26C-9.6
(a), as applicable; and
iii. May multiply the penalty calculated pursuant to subparagraph
(a)4 above by the number of days the violation existed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.6 - Penalty adjustment factors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For violations that meet the criteria set forth at 7:26C-9.5(a)4, the Department may adjust the base penalty listed in the table at 7:26C-9.5(c)  based on the following factors:
1. The Department may increase the amount of the penalty based on the compliance history of the violator as follows:
i. The second time that the same violation occurs, the Department may increase the amount of the penalty by a factor of two; and
ii. The third time the violation occurs and for each subsequent occurrence, the Department may increase the penalty by a factor of five.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.7 - Civil administrative penalty for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who submits inaccurate information or who makes a false statement, representation or certification in any application, record or other document required to be submitted or maintained pursuant to this chapter.
(b) Each day, from the day that the violator knew or had reason to know that it submitted inaccurate or false information to the Department until the day of receipt by the Department of a written correction by the violator, shall be an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section as follows:
1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty per act or omission shall be up to $ 20,000 for the first offense, up to $ 40,000 for the second offense and up to $ 50,000 for the third and each subsequent offense; and
2. For all other conduct, the civil administrative penalty, per act or omission, shall be in the amount of up to $ 1,000 for the first offense, up to $ 2,000 for the second offense and up to $ 5,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.8 - Civil administrative penalty for economic benefit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department determines that the violator has gained an economic benefit from a violation, the Department shall, in addition to any other civil administrative penalty assessed pursuant to this subchapter, include as part of a civil administrative penalty the economic benefit (in dollars) which the violator has realized as a result of not complying, or by delaying compliance, with any applicable requirements.
(b) The Department shall include the following dollar amounts in its calculation of economic benefit:
1. The amount of savings realized from avoided capital or noncapital costs resulting from the violation;
2. The return earned or that may be earned on the amount of the avoided costs;
3. All benefits accruing to the violator as a result of a competitive market advantage enjoyed by reason of the violation; and
4. All other benefits resulting from the violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.9 - Procedures for assessment and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty for violations listed in 7:26C-9.5(b), the Department shall, by means of a notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one offense in a single notice of civil administrative penalty assessment or in multiple notices of civil administrative penalty assessment. In each notice of civil administrative penalty assessment the Department shall:
1.Identify the provision violated;
2.Concisely state the facts which constitute the violation;
3. Order such violation to cease;
4. Specify the amount of the civil administrative penalty assessed pursuant to N.J.A.C. 7:26C-9.5; and
5. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedure in 7:26C-9.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.10 - Adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may request a hearing to contest:
1. A revocation of a no further action letter pursuant to N.J.A.C. 7:26C-6;
2. An invalidation of a response action outcome pursuant to N.J.A.C. 7:26C-6;
3. A new or modified remedial action permit or a denial of an application to transfer a remedial action permit pursuant to N.J.A.C. 7:26C-7;
4. An administrative order pursuant to N.J.A.C. 7:26C-9;
5. An assessment of a civil administrative penalty pursuant to N.J.A.C. 7:26C-9;
6. An assessment of cleanup and removal costs pursuant to N.J.A.C. 7:26C-9; or
7. Any other document when the Department determines that the matter constitutes a contested case under the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.11 - Spill Compensation and Control Act directive

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Spill Compensation and Control Act directive is a clear, written notice that the Department has determined that it is necessary to cleanup and remove discharges, and that notifies the respondents that the Department believes them to be responsible for the hazardous substances that were discharged.
(b) Pursuant to the Spill Compensation and Control Act, the Department may direct persons who are in any way responsible for a hazardous substance at a site to:
1. Clean up and remove the discharge or threatened discharge of a hazardous substance, including the actual removal of the contamination or measures designed to prevent or mitigate risk to the public health and safety and the environment; or
2. Arrange for the cleanup and removal, including funding the Department's cleanup and removal costs, or any other indirect arrangement the Department approves in the exercise of its enforcement discretion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 9 - ENFORCEMENT › Section 7:26C-9.12 - Procedures for assessment, payment, and settlement of assessment of cleanup and removal costs in notices of administrative assessment of State costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess State costs by issuing a notice of administrative assessment of State costs pursuant to the procedure in this section.
(b) To assess State costs in a notice of administrative assessment of State costs, the Department shall notify a responsible party by:
1. Certified mail, return receipt requested, and regular mail, with the simultaneous mailing of such constituting effective service; or
2. Personal service upon the responsible party.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that:
1. Establish the eligibility requirements for technical assistance grants, at 7:26C-10.3;
2. Establish the pre-application requirements for a technical assistance grant, at 7:26C-10.4;
3. Establish the application requirements for a technical assistance grant, at 7:26C-10.5;
4. Establish the eligible technical assistance grant activities, at 7:26C-10.6; and
5. Establish the reporting requirements for a community group receiving a technical assistance grant, at 7:26C-10.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.2 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall award a technical assistance grant in an amount not to exceed $ 10,000 per remediation phase for each of the following phases of remediation:
1. The remedial investigation phase; and
2. The remedial action phase.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A community group is eligible for a technical assistance grant if it meets the following criteria:
1. One or more members of the community group lives near the site;
2. No member of the community group is associated with any person responsible for conducting the remediation of the site;
3. No person responsible for conducting the remediation of the site established or is currently supporting the community group;
4. The community group must not be affiliated with a national organization;
5. The community group is not an academic institution;
6. The community group does not consist of a political subdivision (example: township or municipality);
7. The community group is incorporated or in the process of incorporating;
8. The community group must be:
i. A non-profit organization pursuant to the Internal Revenue Code, 26 U.S.C. §
												501(c)3;
ii. In the process of obtaining status pursuant to 26 U.S.C. §
												501(c)3 status; or
iii. Be affiliated with a local organization that has obtained status under 26 U.S.C. §
												501(c)3 as a non-profit organization for the specific purpose of representing the community;
9. The community group must have established procedures for recordkeeping and financial accounting in managing the technical assistance grant; and
10. The community group must have a commercial bank account in the name of the community group or the name of the 501(c)3 organization with which the community group has affiliated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.4 - Pre-application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A community group shall request that the Department make a finding of substantial public interest for each community group interested in applying for a technical assistance grant in connection with a particular contaminated site, as a condition of seeking a technical assistance grant, by submitting to the Department a petition containing the signatures of 25 or more people who live or work near the site.
(b) The Department will respond to a petition and inform the community group of whether or not it has met the requirements of substantial public interest.
(c) Within 30 days after receiving the Department's response, the community group shall submit to the Department's Office of Community Relations a Letter of Intent that includes the following information:
1. The name of the community group;
2. A description of the composition of the group, including a statement that the community group meets the eligibility requirements pursuant to 7:26C-10.3;
3. A statement of the group's intent to apply for a technical assistance grant;
4. The program interest name and program interest number (preferred ID) of the contaminated site for which the group is seeking the grant; and
5. The name and address of a contact person for the group and his or her daytime phone number.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.5 - Application for technical assistance grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a technical assistance grant shall submit an application, on a form, found on the Department's website at
www.nj.gov/dep/srp/srra/community
, which includes the following information:
1. A description of the community group, including:
i. The bylaws established by the community group;
ii. An explanation of how the community group is organized, including officers and purpose;
iii. An explanation of how the community group's board of directors, technical advisors, and project manager will interact with each other; and
iv. The name and address of contact person for the community group and his/her daytime phone number;