reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the administrative procedures and requirements for the remediation of a contaminated site, including:
1. General requirements, in 7:26C-1.2;
2. Definitions, in 7:26C-1.3;
3. Applicability and exemptions, 7:26C-1.4;
4. Certifications, 7:26C-1.5;
5. Forms and submissions, 7:26C-1.6;
6. Public notification, 7:26C-1.7;
7. Right of entry and inspection, 7:26C-1.8;
8. Liberal construction, 7:26C-1.9; and
9. Severability, 7:26C-1.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.2 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct the remediation in accordance with the following:
1. All applicable New Jersey statutes, including:
i. The health risk and environmental standards established pursuant to 58:10B-12; and
ii. The indoor air standards adopted by the Department of Health and Senior Services pursuant to 52:27D-130.4;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.4 - Applicability and exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (c) and (d) below, each of the following persons shall comply with this chapter:
1. Each person who has executed or is otherwise subject to a judicial or administrative order, a judicial consent judgment, an administrative consent order, a memorandum of understanding, a remediation agreement, or any other legally binding document with the Department for the remediation of a contaminated site;
2. Each owner and operator of a regulated underground storage tank who is liable for the remediation pursuant to the Underground Storage of Hazardous Substances Act, 58:10A-21 et seq.;
3. Each owner and operator of an industrial establishment who is liable for the remediation of that industrial establishment pursuant to Industrial Site Recovery Act, 13:1K-6 et seq.;
4. Each person in any way responsible, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, for any hazardous substance that was discharged, including, without limitation:
i. Each owner of the real property where the discharge occurred at the time of the discharge;
ii. Each subsequent owner of the real property where the discharge occurred prior to the filing of a final remediation document with the Department;
iii. A holder of a security interest in a site, an underground storage tank system, or a heating oil tank system who, prior to foreclosure, actively participated in the management of a site, an underground storage tank system, or a heating oil tank system; or
iv. A holder of a security interest in a site, an underground storage tank system, or a heating oil tank system who, after foreclosure, negligently caused a new discharge at a site;
5. Each person listed in
(a)1 through 4 above, when:
i. The Department rescinds a no further action letter or invalidates a response action outcome; or
ii. The licensed site remediation professional rescinds his or her own response action outcome;
6. A statutory permittee during that person's ownership, tenancy, or operation;
7. A person who is conducting an evaluation of a child care center pursuant to the Department of Children and Families Manual of Requirements for Child Care Centers, N.J.A.C. 10:122-5.2(i); and
8. Any other person who is responsible for remediating a site pursuant to N.J.S.A. 58:10-23.11g.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.5 - Signatures and certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall:
1. Sign, date, and certify all submissions in accordance with this chapter and the certification instructions on the applicable form; and
2. Ensure that each form submitted to the Department by that person or by a licensed site remediation professional on behalf of that person is certified by a licensed site remediation professional in accordance with the applicable form.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.6 - Forms and submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise instructed by the Department, any person may obtain any form or application required by this chapter, the Underground Storage Tanks rules, N.J.A.C. 7:14B, and the Industrial Site Recovery Act rules, N.J.A.C. 7:26B, by downloading it from the Department's website at
www.nj.gov/dep/srp/srra/forms
or by contacting the Department at the address below. Unless otherwise instructed by the Department, the person shall submit all forms, applications and documents required by this chapter to the address indicated on the form. If no address is indicated, then submit the form to the following address:
New Jersey Department of Environmental Protection
Bureau of Case Assignment and Initial Notice
Mail Code 401-05H
401 East State Street, 5th floor
PO Box 420
Trenton, New Jersey 08625-0420
(b) The person responsible for conducting the remediation shall make submissions to the Department pursuant to this chapter and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, as follows:
1. One electronic copy on compact disk (CD) in Adobe portable document format (PDF), or in another format determined by the Department, of:
i. All forms, applications, documents and laboratory data deliverables; and
ii. All required maps that are less than or equal to 11 x 17 inches. Maps in excess of this size shall be submitted on paper;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.7 - Notification and public outreach

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Immediately after a discharge commences, any person or persons responsible for a discharge who knows or should reasonably know of a discharge shall immediately notify the Department by following the requirements of the Discharge of Petroleum and Other Hazardous Substances rules at N.J.A.C. 7:1E-5.
(b) The person responsible for conducting the remediation shall immediately notify the Department hotline at 1-877-WARNDEP (1-877-927-6337) when any of the following are identified at a site:
1. Contamination that has been caused by a discharge that is not already known to the Department;
2. An immediate environmental concern; or
3. Contamination, which was previously reported to the Department, has been determined to have migrated onto the site from another site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.8 - Right of entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner, operator or tenant of a contaminated site shall allow entry to the site by the Department and its authorized representatives, upon the presentation of credentials, to inspect the site, buildings and records related to environmental issues and to take samples from the site, photograph the site and the buildings, and to make copies of the records. If samples are taken, the owner, operator or tenant may request that the Department provide split samples.
(b) The owner, operator or tenant of a contaminated site, a party to a remediation agreement, or a person who has submitted a remediation certification shall, as necessary:
1. Have appropriate technical, scientific, and engineering representatives accompany the Department and its authorized representative during the inspection; and
2. Provide all assistance, through appropriate technical, scientific and engineering representative(s), to the Department and its authorized representative(s) during any site inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.9 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules, being necessary to promote the public health and welfare, and protect the environment, shall be liberally construed in order to permit the Commissioner and the Department to effectuate the purposes of 13:1D-1 et seq., 13:1E-1 et seq., 13:1K-6 et seq., 58:10-23.11a et seq., 58:10A-1 et seq., 58:10A-21 et seq., 58:10B-1 et seq. and 58:10C-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 1 - GENERAL INFORMATION › Section 7:26C-1.10 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this chapter is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 2 - OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE › Section 7:26C-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that specify the:
1. Criteria for determining when a person is required to remediate a site, in 7:26C-2.2; and
2. Requirements for a person who is responsible for conducting remediation, in 7:26C-2.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 2 - OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE › Section 7:26C-2.2 - Criteria for determining when a person is required to remediate a site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless exempted pursuant to 7:26C-1.4(c) or (d), a person shall remediate a site in accordance with this chapter when:
1. The person discharges a hazardous substance or otherwise becomes in any way responsible pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10.23-11g, for a discharge;
2. The owner or operator of a regulated underground storage tank:
i. Determines there has been a discharge or suspects there has been a discharge from the regulated underground storage tank, pursuant to 7:14B-7.2;
ii. Undertakes closure of a regulated underground storage tank pursuant to 7:14B-8.1(b)6, 9.1(d) and 9.2(a)2; or
iii. Is required to conduct an unknown source investigation pursuant to 7:14B-7.4;
3. Any of the events described in the Industrial Site Recovery Act Rules at 7:26B-3.2(a)  occurs;
4. The person discovers a discharge on property that person owns;
5. A no further action letter is rescinded or a response action outcome is invalidated;
6. The Department determines that additional remediation is necessary after the Department has issued a remedial action permit for a remedial action; or
7. The person has executed or is otherwise subject to a judicial or administrative order, a judicial consent judgment, an administrative consent order, a memorandum of understanding, a remediation agreement, or any other oversight document for the remediation of a contaminated site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 2 - OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE › Section 7:26C-2.3 - Requirements for the person responsible for conducting the remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the occurrence of any of the events listed in N.J.A.C. 7:26C-2.2(a), the person who is responsible for conducting the remediation at a site pursuant to N.J.A.C. 7:26C-1.4(a) shall:
1. Hire and maintain a licensed site remediation professional, unless:
i. The remediation is being conducted partially or solely to satisfy the obligations under the Resource Conservation and Recovery Act, 42 U.S.C. §§
												6901 et seq., is a priority site under the Government Performance and Results Act, 40 U.S.C. §§
												11101 et seq., and the U.S. Environmental Protection Agency is the lead agency for the remediation;
ii. The remediation is being conducted on a site that is listed on the National Priorities List pursuant to the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§
												9601 et seq., and the U.S. Environmental Protection Agency is the lead agency for the remediation; or
iii. The remediation is being conducted at a Federal facility;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 2 - OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE › Section 7:26C-2.4 - Repealed

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 2 - OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE › Section 7:26C-2.5 - Record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall maintain and preserve all data, documents and information concerning remediation of a contaminated site, including, but not limited to, technical records and contractual documents, and raw sampling and monitoring data, whether or not the data and information, including technical records and contractual documents, were developed by the licensed site remediation professional or that person's divisions, employees, agents, accountants, contractors, or attorneys, that relate in any way to the contamination at the site.
(b) Upon the receipt of a written request from the Department, the person responsible for conducting the remediation shall submit to the Department all data and information, including technical records and contractual documents concerning contamination at the site, including raw sampling and monitoring data, whether or not such data and information were developed as part of the remediation. The person responsible for conducting the remediation may reserve its right to assert a privilege regarding such documents, except that no claim of confidentiality or privilege may be asserted with respect to any data related to site conditions, sampling or monitoring.
(c) The person responsible for conducting the remediation shall submit one electronic copy of all records referenced in (a) above, to the Department at the time of the issuance of a final remediation document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 3 - REMEDIATION TIMEFRAMES AND EXTENSION REQUESTS › Section 7:26C-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that specify the requirements for:
1. Complying with, and requesting an extension from, regulatory timeframes pursuant to 7:26C-3.2;
2. Complying with mandatory remediation timeframes pursuant to 7:26C-3.3;
3. Complying with expedited site specific remediation timeframes pursuant to 7:26C-3.4; and
4. Requesting an extension of mandatory or site specific remediation timeframe pursuant to 7:26C-3.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 3 - REMEDIATION TIMEFRAMES AND EXTENSION REQUESTS › Section 7:26C-3.2 - Regulatory timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who meets the criteria in N.J.A.C. 7:26C-1.4(a)1  through 7 shall comply with the regulatory timeframes established by all applicable statutes, rules and guidance, including, but not limited to, the Underground Storage Tank rules, N.J.A.C. 7:14B, the Industrial Site Recovery Act rules, N.J.A.C. 7:26B, the Technical Requirements for Site Remediation rules, N.J.A.C. 7:26E, and this chapter.
(b) The person responsible for conducting the remediation may request an extension of a regulatory timeframe by complying with the following:
1. Complete a form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, and submit the form to the address noted on the form no later than 30 days prior to the end date of the regulatory timeframe. The following information shall be included:
i. The end date of the regulatory timeframe;
ii. The amount of time beyond the end date of the regulatory timeframe needed to complete the required work, but not in an amount that would exceed any mandatory remediation timeframe in 7:26C-3.3 or an expedited site specific timeframe established pursuant to 7:26C-3.4;
iii. A description of the cause or causes of the need for the extra time needed to complete the work.
(1) If the request for an extension of a regulatory timeframe is due to a delay in obtaining site access, then provide the information required by N.J.A.C. 7:26C-8.2(e); and
iv. The steps taken to minimize the extra time needed to complete the work; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 3 - REMEDIATION TIMEFRAMES AND EXTENSION REQUESTS › Section 7:26C-3.3 - Statutory and mandatory remediation timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is remediating any discharge that was identified or should have been identified (for example, through a preliminary assessment or site investigation) prior to May 7, 1999, shall complete the remedial investigation of the entire site and submit the remedial investigation report by the following applicable date:
1. May 7, 2014, for those persons who applied for an extension but the Department then revoked the extension pursuant to N.J.S.A. 58:10C-27.1.c;
2. May 7, 2016, for those persons who applied for and continued to meet the conditions for an extension pursuant to N.J.S.A. 58:10C-27.1.a;
3. Two years after receipt of funding from the Hazardous Discharge Site Remediation Fund, or two years after the Department determines that the applicant is no longer eligible for such funding, for those persons who applied for the extension pursuant to N.J.S.A. 58:10C-27.1.b; or
4. May 7, 2014, for all other persons subject to N.J.S.A. 58:10C-27.a(3).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 3 - REMEDIATION TIMEFRAMES AND EXTENSION REQUESTS › Section 7:26C-3.4 - Expedited site-specific remediation timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may establish an expedited site specific remediation timeframe that shall apply to a particular site, based upon the following criteria:
1. The risk to the public health and safety, or to the environment; and
2. The compliance history of the person responsible for conducting the remediation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 3 - REMEDIATION TIMEFRAMES AND EXTENSION REQUESTS › Section 7:26C-3.5 - Extension of a mandatory or an expedited site specific remediation timeframe

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who wants an extension from the mandatory or expedited site specific remediation timeframe shall request an extension of a timeframe as follows:
1. The person shall provide a written rationale for the request in a completed form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
and submit the form to the Department at the address noted on the form no later than 60 days prior to the end date of the mandatory remediation timeframe or the expedited site specific remediation timeframe. The following information shall be included:
i. The end date of the mandatory remediation timeframe or the expedited site specific remediation timeframe;
ii. The amount of time beyond the end date of the mandatory remediation timeframe or the expedited site specific remediation timeframe needed to complete the required work;
iii. A description of the cause or causes for the extra time needed to complete the work; and
iv. The steps taken to minimize the extra time needed to complete the work; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that specify the requirements for:
1. The formula the Department uses to calculate the annual remediation fee for the person responsible for conducting the remediation, pursuant to 7:26C-4.2;
2. The payment of an annual remediation fee for the person responsible for conducting the remediation that is subject to 7:26C-2.3, pursuant to 7:26C-4.3;
3. The payment of the applicable individual document review fees for the person responsible for conducting the remediation, pursuant to 7:26C-4.4;
4. The formula the Department uses to calculate the remedial action permit fees for the person responsible for permit fees pursuant to 7:26C-4.5;
5. The payment of remedial action permit fees, pursuant to 7:26C-4.6;
6. The methodology the Department uses to calculate its costs in overseeing remediation and the payment of those costs, pursuant to 7:26C-4.7;
7. The procedures by which a person may request a review of an oversight cost invoice from the Department, pursuant to 7:26C-4.8;
8. How a person is to make payments to the Department of the fees and costs in this subchapter, pursuant to 7:26C-4.9; and
9. The procedures for a person to apply for the application of the 7.5 percent cap on fees and costs applicable in this subchapter, pursuant to 7:26C-4.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.4 - Individual document review fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall submit to the Department, at the address noted on the appropriate document submission form or questionnaire, provided by the Department at
www.nj.gov/dep/srp/srra/forms
, the applicable nonrefundable document review fee pursuant to this section each time that the person submits any of the following documents to the Department unless the person is subject to an annual remediation fee:
1. Biennial certification, unless the person responsible for conducting the remediation has a remedial action permit that covers the biennial certification
$ 375.00; and
2. Confidentiality claim
$ 500.00.
(b) If the person responsible for conducting the remediation does not submit a document review fee with a document pursuant to this section, the Department will not review, or otherwise process, the submitted document.
(c) The person responsible for conducting the remediation shall pay a $ 350.00 fee for a discharge to ground water proposal.
(d) The person responsible for conducting the remediation who is remediating a discharge from an unregulated heating oil tank system shall pay a $ 400.00 fee for an on-scene coordinator discharge authorization pursuant to 7:26C-13.5(b)3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.5 - Remedial action permit fee formula

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall annually calculate remedial action permit fees for the remedial action permit types and activities listed at (b) below in accordance with (c) below.
(b) The Department shall annually calculate the remedial action permit fee for the upcoming State fiscal year, as of the December 1 that precedes the upcoming State fiscal year, for the following remedial action permit types and activities:
1. Remedial action permit types include:
i. Deed notice with no engineering control;
ii. Deed notice with engineering control(s);
iii. Natural attenuation ground water remedial action; and
iv. Any other ground water remedial action; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.6 - Payment of remedial action permit fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until the first day of the State fiscal year following the Department's publication of the first Annual Site Remediation Reform Act Program Fee Calculation Report pursuant to N.J.A.C. 7:26C-4.2(c), the permittee shall submit to the Department the applicable remedial action permit activity fees pursuant to the following table. Thereafter, the permittee shall pay the applicable remedial action permit activity fees indicated in the most recently posted Annual Site Remediation Reform Act Program Fee Calculation Report:
Remedial Action
Soil Remedial
Ground Water -
Ground Water -
Permit Fees
Action Permit
Natural Attenuation
Active System
Remedial Action
Remedial Action
Permit
Permit
Remedial Action
$ 600.00
$ 800.00
$ 1,000
Permit Application
Fee
Remedial Action
$ 400.00
$ 600.00
$ 800.00
Permit Modification
Fee
Remedial Action
$ 300.00
$ 300.00
$ 300.00
Permit Transfer Fee
Remedial Action
$ 600.00
$ 800.00
$ 1,000
Permit Termination
Fee
(b) Until the first day of the State fiscal year following the Department's publication of the first Annual Site Remediation Reform Act Program Fee Calculation Report pursuant to N.J.A.C. 7:26C-4.2(c)  and 4.5(e), the permittee shall pay an annual remedial action permit fee in response to a Department invoice, on the anniversary date of the Department issuing the remedial action permit, as follows. Thereafter, the permittee shall pay the annual remedial action permit fee indicated in the most recently posted Annual Site Remediation Reform Act Program Fee Calculation Report:
1. The annual soil remedial action permit fee for a remedial action:
i. With a deed notice without engineering controls: $ 300.00; and
ii. With a deed notice and engineering controls: $ 320.00.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.7 - Oversight costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall pay the Department's oversight costs pursuant to this section whenever the Department assesses those costs against the person responsible for conducting the remediation that is subject to any of the following circumstances:
1. The provisions of 7:26C-2.3(a)3  i;
2. The Department assigns a case manager pursuant to the criteria in the Site Remediation Reform Act at N.J.S.A. 58:10C-21b or c;
3. The provisions of N.J.A.C. 7:26C-4.3(i); or
4. The person incurred oversight costs prior to May 7, 2009.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.8 - Oversight cost review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation may contest an oversight cost the Department has assessed, pursuant to 7:26C-4.7, by submitting a written request to the Department, pursuant to (c) and (d) below, within 45 days after the billing date indicated on the oversight cost invoice that person received from the Department.
(b) The Department shall deny an oversight cost review request if the request is based on the following:
1. An employee's hourly salary rate;
2. The Department's salary additive rate, fringe benefit or indirect rate;
3. Management decisions of the Department, including decisions regarding who to assign to the case, how to oversee the case or how to allocate resources for case review; or
4. Receipt of the request after the 45-day period established in (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.9 - Payment of fees and oversight costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall pay all fees and costs pursuant to an invoice the Department issues or as otherwise required pursuant to this chapter.
(b) The person responsible for conducting the remediation shall make all payments of fees and oversight costs required by this chapter:
1. By either:
i. Certified check, attorney check, money order, or personal check made payable to "Treasurer, State of New Jersey"; or
ii. E-check or credit card after the Department posts a notice for either on its website at
www.nj.gov/dep/srp/srra
or in the New Jersey Register that the Department's portal for making payments by E-check or credit card is available; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 4 - FEES AND OVERSIGHT COSTS › Section 7:26C-4.10 - Seven and one-half percent of the cost of the remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation may request that the Department determine whether the applicable costs in this subchapter have exceeded 7.5 percent of the total remediation costs for a site as provided pursuant to the Brownfield Act at N.J.S.A. 58:10B-2.1d, by following the procedures set forth in this section.
(b) A person may make a request pursuant to this section by submitting the information required in (c) below, to the Department within 90 calendar days after the later of:
1. May 7, 2012;
2. The issuance of the final remediation document for all of the discharges at the site, for which that person is responsible, issued after May 7, 2012; or
3. The resolution of all oversight cost reviews pursuant to 7:26C-4.6.
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-5.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the requirements for:
1. Who has the obligation to establish and maintain a remediation funding source or financial assurance, in 7:26C-5.2;
2. The dollar amount that the person responsible for conducting the remediation has to establish and maintain in a remediation funding source or financial assurance, in 7:26C-5.3;
3. The requirements related to each of the financial mechanisms available as remediation funding sources or financial assurance, in 7:26C-5.4 through 5.9;
4. The annual cost reviews, in 7:26C-5.10;
5. The procedures for adjusting the amount of the remediation funding source or financial assurance and for returning the remediation funding source or financial assurance, in 7:26C-5.11;
6. The disbursement of funds from a remediation funding source or financial assurance, in 7:26C-5.12; and
7. The procedures the Department will use to draw on the funding in the remediation funding source or financial assurance when a person has failed to perform the remediation, in 7:26C-5.13.
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-5.2 - Establishing a remediation funding source and financial assurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except provided in (b), below, the following persons responsible for conducting the remediation shall establish and maintain a remediation funding source pursuant to this subchapter:
1. The owner or operator of an industrial establishment or any other person required to perform remediation activities pursuant to the Industrial Site Recovery Act (ISRA), 13:1K-6 et seq.;
2. A person liable for cleanup and removal costs pursuant to the Spill Act, N.J.S.A. 58:10-23.1 1 et seq., if:
i. The Department has issued a Spill Act directive to that person;
ii. A State agency has issued an order to that person; or
iii. That person has entered into an administrative consent order with a State Agency; and
3. A person who has been ordered by a court to clean up and remove a discharge pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq.
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-5.3 - Determination of remediation funding source and financial assurance amount

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is required to establish and maintain a remediation funding source pursuant to this subchapter shall establish and maintain the remediation funding source in an amount that is equal to or greater than:
1. The amount calculated in a cost estimate for the remediation, including the estimated cost to operate, maintain and inspect engineering controls, and the Department's fees and oversight costs, as certified by the licensed site remediation professional and the person responsible for conducting the remediation;
2. The amount to which the person responsible for conducting the remediation has agreed in an administrative consent order, remediation agreement, or remediation certification;
3. The amount that the Department has required in an order or directive;
4. The amount that the Department requires when it undertakes direct oversight of remediation pursuant to 58:10C-27; or
5. The amount that a court has required.
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-5.4 - Remediation trust fund requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who is required or chooses to establish a remediation trust fund as a remediation funding source or financial assurance pursuant to this subchapter shall submit to the Department the original remediation trust fund agreement. The remediation trust fund agreement must:
1. Be executed by an entity that has the authority to act as a trustee, whose trust operations are regulated and examined by a New Jersey or Federal agency, and who is not the person responsible for conducting the remediation;
2. Include the applicable case number, the program interest name, program interest number (preferred ID), site name, and site address;
3. Specify that the remediation trust fund cannot be revoked or terminated without the prior written approval of the Department;
4. Indicate that the trustee may only disburse those funds from the remediation trust fund:
i. If the remediation of the site is under direct oversight by the Department pursuant to N.J.S.A. 58:26C-27, the Department shall approve in writing the amount to be disbursed; or
ii. For all other sites, the licensed site remediation professional shall approve in writing the amount to be disbursed;
5. Specify that the funds in the remediation trust fund shall be utilized solely for the purposes of conducting the remediation approved by either the Department or the licensed site remediation professional; and
6. Identify the Department as the sole beneficiary of the remediation trust fund.
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-5.5 - Environmental insurance policy requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who chooses to establish an environmental insurance policy as a remediation funding source or financial assurance pursuant to this subchapter shall submit to the Department the original insurance policy. The environmental insurance policy must:
1. Be issued by an entity that is licensed by the New Jersey Department of Banking and Insurance to transact business in the State of New Jersey;
2. Include the applicable case number, the program interest name and program interest number (preferred ID), site name, and site address;
3. Indicate that the environmental insurance policy cannot be revoked or terminated without the prior written approval of the Department except for failure to pay the premium;
4. Specify that the issuer of the environmental insurance policy may revoke or terminate the policy for failure to pay the premium, but only after notifying the person who established the remediation funding source and the Department by certified mail of the decision to revoke or terminate the policy at least 120 days before termination, beginning from the date of receipt by the Department as shown on the signed return receipt;
5. Indicate that the insurer may only disburse those funds from the environmental insurance policy that the licensed site remediation professional approves in writing may be disbursed pursuant to 7:26C-5.12;
6. Indicate the funds in the environmental insurance policy will be utilized solely for the purposes of conducting the remediation; and
7. Specify that the Department, or another party that may subsequently be designated by the Department pursuant to 7:26C-5.13(d), may access the environmental insurance policy to pay for the cost of conducting the remediation.
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-5.6 - Line of credit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who chooses to establish a line of credit as a remediation funding source or financial assurance pursuant to this chapter shall submit to the Department an original of a line of credit. The line of credit must:
1. Be issued by an entity that is licensed by the New Jersey Department of Banking and Insurance to transact business in the State of New Jersey, or by a Federally regulated bank;
2. Include the applicable case number, the program interest name, program interest number (preferred ID), site name, and site address;
3. Specify that the line of credit shall be issued for a period of one year, and shall be automatically extended for a period of at least one year;
4. Indicate that, if the issuer of the line of credit decides not to extend the line of credit beyond the then current expiration date, the issuer shall notify the person using the line of credit and the Department by certified mail of a decision not at least 120 days before the current expiration date beginning from the date of receipt by the Department as shown on the signed return receipt;
5. Indicate that the person providing the line of credit shall only disburse those funds from the line of credit that the licensed site remediation professional approves in writing to be disbursed pursuant to N.J.A.C. 7:26C- 5.12;
6. Indicate that the funds in the line of credit shall be utilized solely for the purposes of conducting the remediation; and
7. Specify that the Department, or another party that may subsequently be designated by the Department pursuant to 7:26C-5.13(d), may access the line of credit to pay for the cost of remediation.
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-5.7 - Letter of credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who chooses to provide a letter of credit as a remediation funding source or financial assurance to guarantee the availability of funds pursuant to this subchapter shall submit to the Department an original letter of credit. The letter of credit must:
1. Be issued by an entity that is licensed by the New Jersey Department of Banking and Insurance to transact business in the State of New Jersey, or by a Federally regulated bank;
2. Include the applicable case number, the program interest name, program interest number (preferred ID), site name, and site address;
3. Indicate that letter of credit is irrevocable, issued for a period of at least one year, and that it will be automatically extended for a period of at least one year;
4. Specify that, if the issuer of the letter of credit decides not to extend the letter of credit beyond the then current expiration date, the issuer shall notify the person providing the letter of credit and the Department by certified mail of that decision at least 120 days before the current expiration date, beginning from the date of receipt by the Department as shown on the signed return receipt; and
5. Indicate that the Department may access the letter of credit and utilize it, or allow another person to utilize it, to conduct the remediation pursuant to 7:26C-5.13(d).
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-5.8 - Self-guarantee requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who chooses to provide a self-guarantee as a remediation funding source pursuant to this subchapter shall complete and submit to the Department a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
that contains the following information:
1. The applicable case number, the program interest name, and program interest number (preferred ID), site name and site address;
2. Information that demonstrates that the estimated cost of the remediation that the Department has approved or that a licensed site remediation professional has certified does not exceed one-third of the tangible net worth of the person required to establish the remediation funding source;
3. Information that demonstrates that the individual or entity possesses the required cash flow and has sufficient net cash provided by operating activities to pay for the remediation during the next 12-month period. Cash flow and net cash will be deemed sufficient if:
i. The individual's or entity's gross receipts exceed its gross payments in that fiscal year in an amount at least equal to the estimated costs of completing the remediation activities in the 12-month period following the date the application is made; and
ii. The individual or entity possess a net cash provided by operating activities in an amount at least equal to the estimated costs of completing the remediation activities in the 12-month period following the date the application is made;
4. Audited financial statements for the preceding fiscal year that ended closest to the date of the self guarantee statement, including, but not limited to, an income statement, a balance sheet and a consolidated statement of cash flow, in which the auditor expresses an unqualified opinion. This information must be prepared in accordance with Generally Accepted Accounting Principles prescribed by either the United States Financial Accounting Standards Board Accounting Standards Codification or the International Accounting Standards Board International Financial Reporting Standards. This information must be audited in accordance with the American Institute of Certified Public Accountants or the Public Company Accounting Oversight Board's auditing standards or the International Standards on Auditing; and
5. A statement from the chief financial officer or similar officer that the information in the written statement submitted pursuant to this subchapter is true to the best of the officer's information, knowledge and belief, and that it meets the requirements of 58:10B-3(f).
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-5.9 - Remediation funding source surcharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person responsible for conducting the remediation who is required to establish and maintain a remediation funding source pursuant to this subchapter that elects to establish the remediation funding source by one or any combination of the following shall submit to the Department a remediation funding source surcharge pursuant to (b) below:
1. A remediation trust fund pursuant to 7:26C-5.4;
2. An environmental insurance policy pursuant to 7:26C-5.5;
3. A line of credit pursuant to 7:26C-5.6; or
4. A letter of credit pursuant to 7:26C-5.7.
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-5.10 - Remediation cost review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall submit to the Department 365 days after the date that that person is required to submit a remediation funding source pursuant to 7:26C-5.2 (
l
), and annually thereafter on the same calendar day, a detailed cost review on a form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, that is certified by the person responsible for conducting the remediation and by the licensed site remediation professional, that includes the following:
1. A summary of all monies spent to date to remediate the contaminated site;
2. An estimate of the remaining costs to complete the remediation pursuant to the Technical Requirements for Site Remediation rules, N.J.A.C. 7:26E, and this chapter, including the cost to operate, maintain and inspect engineering controls and the Department's fees and oversight costs pursuant to 7:26C-5.3; and
3. An explanation of any changes from the most recently submitted cost review.