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-4.3 - Annual remediation fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (i) below, the person responsible for conducting the remediation that is subject to N.J.A.C. 7:26C-2.3shall submit the applicable annual remediation fee to the Department pursuant to this section.
1. A person subject to this section shall pay a nonrefundable annual remediation fee, which shall be the sum of the applicable contaminated area of concern fee and the total contaminated media fee. The person shall use the description of the categories at N.J.A.C. 7:26C-4.2(b)4  to determine the applicable contaminated area of concern category and the description of contaminated media at N.J.A.C. 7:26C-4.2(b)6  to determine the number of contaminated media at the site.
2. 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 in accordance with N.J.A.C. 7:26C-4.2(c) , the person responsible for conducting the remediation shall pay an annual remediation fee, which shall be calculated by multiplying the number of contaminated media by $ 1,400, and adding to the resultant dollar amount the fee listed at (a)2i through iv below, for the applicable contaminated area of concern category as determined pursuant to N.J.A.C. 7:26C-4.2(b). Thereafter, the person responsible for conducting the remediation shall pay the applicable annual remediation fee indicated in the most recent Annual Site Remediation Reform Act Program Fee Calculation Report:
i. Category 1:
$ 450;
ii. Category 2:
$ 900;
iii. Category 3:
$ 5,000; and
iv. Category 4:
$ 9,500.
3. Except as provided in (a)4 and 7 below, each person responsible for conducting the remediation shall submit the first annual remediation fee and a completed Annual Remediation Fee Reporting form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, to the address noted on the form upon the earliest of the following:
i. The submittal of a preliminary assessment report;
ii. The submittal of a site investigation report;
iii. The submittal of the first remedial phase document; or
iv. Forty-five days after the date the person responsible for conducting the remediation is required to submit the notification required pursuant to N.J.A.C. 7:26C-2.3(a)2.
4. The person responsible for conducting the remediation who was conducting the remediation without a licensed site remediation professional prior to May 7, 2012 and who is continuing on or after that date to conduct the remediation using a licensed site remediation professional shall submit the annual remediation fee, and the appropriate form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, as follows:
i. The first annual remediation fee shall be due on or before June 20, 2012, and the amount shall be based on the county in which the site is located as indicated in lines 1 through 4 of Table 4-1 below, as follows:
(1) Each person whose site is located in Hudson, Middlesex and Monmouth counties shall pay the amount indicated on line 1 of Table 4-1 below;
(2) Each person whose site is located in Atlantic, Hunterdon, Morris, Passaic and Union counties shall pay the amount indicated on line 2 of Table 4-1 below;
(3) Each person whose site is located in Cape May, Cumberland, Gloucester, Mercer, Ocean, Salem, Somerset, Sussex and Warren counties or out-of-State shall pay the amount indicated on line 3 of Table 4-1 below; and
(4) Each person whose site is located in Bergen, Burlington, Camden or Essex counties shall pay the amount indicated on line 4 of Table 4-1 below;
ii. The second annual remediation fee:
(1) Shall be due based on the county in which the site is located as indicated in lines 1 through 4 of Table 4-1 below, as follows:
(A) On September 1, 2012 for each person whose site is located in Hudson, Middlesex and Monmouth counties;
(B) On December 1, 2012 for each person whose site is located in Atlantic, Hunterdon, Morris, Passaic and Union counties;
(C) On March 1, 2013 for each person whose site is located in Cape May, Cumberland, Gloucester, Mercer, Ocean, Salem, Somerset, Sussex and Warren counties or out-of-State; and
(D) On June 1, 2013 for each person whose site is located in Bergen, Burlington, Camden or Essex counties; and
(2) Shall be the full amount as indicated on line 4 of Table 4-1 below, irrespective of the county in which the site is located;
iii. If the site is located in more than one county, the date that the annual remediation fee is due shall be based on the county that appears first in Table 4-1 below; and
iv. Where the columns in Table 4-1 specify the following:
(1) Column I specifies the county in which the site is located;
(2) Column II specifies the fee amount due that all persons responsible for conducting the remediation who meet the criteria in (a)4i shall pay, calculated as the pro-rated percentage of the annual remediation fee based on the assigned anniversary month (for example, if the assigned anniversary month is September, the pro-rated percentage is 25 percent, June to September);
(3) Column III specifies the number of contaminated media at the site;
(4) Columns IV through VII specify the specific dollar amount (rounded to the nearest dollar) the person responsible for conducting the remediation owes based on category and number of contaminated media at the site; and
(5) Column VIII specifies the date that the second and subsequent annual remediation fee shall be due.
Table 4-1
Data in image
5. For each subsequent year, the person responsible for conducting the remediation shall pay an annual remediation fee in response to a Department invoice as follows:
i. For a person paying the fee pursuant to (a)3 above, on the anniversary date of the first year that the annual remediation fee was required to be submitted; or
ii. For a person paying the fee pursuant to (a)4 above, on the month and day indicated in Column VIII of Table 4-1 above.
6. If a person responsible for conducting the remediation does not submit the initial annual remediation fee pursuant to (a)3 or 4 above by the time the subsequent year's annual remediation fee is due pursuant to (a)4 above, and does not provide the Department with the number of contaminated areas of concern and number of contaminated media as required in N.J.A.C. 7:26C-4.3(a)1, that person shall:
i. For each year the Department is not able to calculate the annual remediation fee, pay the applicable Category 2 annual remediation fee as amended annually pursuant to N.J.A.C. 7:26C-4.2(c) until that person provides the Department with the number of contaminated areas of concern and number of contaminated media as required in N.J.A.C. 7:26C-4.3(a)1; and
ii. On the anniversary date subsequent to the year in which the information is provided, the person responsible for conducting the remediation shall pay:
(1) The correct annual remediation fee for the applicable category and number of contaminated media; and
(2) The difference between the correct annual remediation fee for the applicable category and number of contaminated media and the Category 2 fee for each year the Category 2 fee was paid.
7. Any governmental entity that is not liable under N.J.S.A. 58:10-23.1 1g.d(4) shall pay an annual remediation fee determined pursuant to N.J.A.C. 7:26C-4.2(b)  for any 12-month period during which the governmental entity performs any type of remediation as defined pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8, within 45 days of commencing remediation pursuant to the following:
i. The date on which the governmental entity pays the first annual remediation fee becomes that governmental entity's anniversary date on which each subsequent annual remediation fee shall be due;
ii. If the governmental entity determines to stop remediation for any reason, the governmental entity shall notify the Department 90 days prior to the governmental entity's anniversary date and shall not be required to pay subsequent annual remediation fees until such time as the governmental entity determines to resume remediation; and
iii. When the governmental entity determines to resume remediation, the governmental entity shall notify the Department, and shall determine the annual remediation fee pursuant to N.J.A.C. 7:26C-4.2(b); the date of this notification shall become the governmental entity's new anniversary date.