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-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" means any person that has applied to the Department for a loan or grant.
"Area of concern" means any location defined as such pursuant to the Technical Requirements for Site Remediation, at 7:26E-1.8.
"Authority" means the New Jersey Economic Development Authority.
"Brownfield development area" means an area that has been so designated by the Department, in writing, pursuant to 58:10B-25.1.
"Building" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Child care center" means a facility, as defined at 30:5B-3.
"Cleanup and removal costs" has the meaning as defined in the Spill Compensation and Control Act at N.J.S.A. 58:10-23.11b.
"Commissioner" means the Commissioner of the New Jersey Department of Environmental Protection or his or her authorized representative.
"Conditional hardship grant" means a grant to an eligible owner or operator as provided in 58:10A-37.5.
"Contaminated site" means any site defined as a contaminated site pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Contamination" or "contaminant" means any discharged hazardous substance, hazardous waste or pollutant defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Day" shall mean a calendar day.
"Deed notice" means a document that is identical in wording to the model deed notice found at N.J.A.C. 7:26C, Appendix B, except where the model deed notice indicates that property-specific information is to be inserted.
"Department" means the New Jersey Department of Environmental Protection.
"Direct oversight" means the oversight of the remediation of a site that the Site Remediation Reform Act requires the Department to apply to certain sites pursuant to N.J.A.C. 7:26C-14.
"Directive" means a document the Department issues pursuant to N.J.S.A. 58:10-23.11 et seq. and 13:1D-1 et seq. to, among other things, notify the recipient thereof that the Department has determined that it is necessary to clean up and remove or arrange for the cleanup and removal of a discharge and that the Department believes the recipient is a person who may be liable for the hazardous substance that was discharged.
"Discharge" means an action or omission defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Engineering control" means a physical mechanism defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7-26E-1.8.
"Environmental medium" means any medium defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Environmental opportunity zone" means any qualified real property that has been designated by the governing body as an environmental opportunity zone pursuant to N.J.S.A. 54:4-3.1 53.
"Environmentally sensitive natural resource" means all resources defined as such pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Final remediation document" means a no further action letter or a response action outcome.
"Grace period" means the period of time afforded under 13:1D-125 et seq., commonly known as the Grace Period Law, for a person to correct a minor violation in order to avoid imposition of a penalty that would be otherwise applicable for such violation.
"Green remediation" means the practice of considering all environmental effects of the remediation and incorporating options that maximize the net environmental benefit of cleanup actions.
"Ground water classification exception area" means any area defined as such pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Hazardous substance" means any substance defined as such pursuant to the Discharges of Petroleum and Other Hazardous Substances rules, at 7:1E-1.7.
"Hazardous waste" means any hazardous waste as defined in the Hazardous Waste rules, at N.J.A.C. 7:26G-5.
"Heating oil tank system" means any system as defined in the Heating Oil Tank Discharge Remediation Rules, N.J.A.C. 7:26F-1.5.
"Historically applied pesticides" means any organic or inorganic chemical that has been and is no longer used for pest control, and that has been found to have long-lived residues and lasting health and environmental impacts. This does not include the manufacture, mixing, or other handling of these chemicals that results in a discharge.
"Immediate environmental concern" means any such concern as defined in the Technical Requirements for Site Remediation, at N.J.A.C. 7:26E-1.8.
"Industrial establishment" means any place defined as such pursuant to the Industrial Site Recovery Act rules, at 7:26B-1.4.
"Innovative remedial action technology" means a new or alternative method, procedure or process that does not have a substantial operational record. An innovative remedial action technology with a substantial operational record in one field could be considered innovative if it is proposed for a new or different environmental problem.
"Institutional control" means a mechanism defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Licensed site remediation professional" means an individual who has been issued a license pursuant to 58:10C-1 et seq.
"Limited restricted use remedial action" means a remedial action defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Linear construction project" means construction and development activities within an area such as a public or private roadway, railroad, or utility line and the rights-of-way thereto that are undertaken to create, maintain or alter the public or private roadway, railroad or utility line that:
1. Includes one or more contaminated properties, or parts of properties; and
2. Will generate more than 200 cubic yards of contaminated soil for fill or disposal during the duration of the linear construction project.
"Natural resources" means all resources defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"No further action letter" means a written determination by the Department that, based upon an evaluation of the historical use of the site, or of an area of concern or areas of concern at that site, as applicable, and any other investigation or action the Department deems necessary, there are no contaminants present at the site, at the area of concern or areas of concern, or at any other site to which a discharge originating at the site has migrated, or that any contaminants present at the site or that have migrated from the site have been remediated in accordance with applicable remediation statutes, rules and guidance and all applicable permits and authorizations have been obtained.
"Operator" means any person defined as such pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., or the Underground Storage of Hazardous Substances Act, 58:10A-21 et seq.
"Oversight costs" means all cleanup and removal costs as defined by the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11b, that the Department incurs in overseeing the remediation conducted by the person responsible for conducting the remediation or in overseeing the remediation conducted by a contractor on behalf of the Department, established pursuant to N.J.A.C. 7:26C-4.
"Permittee" means the person responsible for conducting the remediation, and includes a statutory permittee.
"Person" means any individual or entity, including, without limitation, a public or private corporation, company, estate, association, society, firm, partnership, joint stock company, foreign individual or entity, interstate agency or authority, the United States and any of its political subdivisions, the State of New Jersey, or any of its political subdivisions, or any of the other meanings which apply to the commo understanding of the term. "Person" shall, for the purpose of enforcement, also include a responsible corporate official, which includes a managing member of a limited liability company or a general partner of a partnership.
"Person responsible for conducting the remediation" means:
1. Any person who executes or is otherwise subject to a memorandum of agreement, memorandum of understanding, administrative consent order, remediation agreement, or administrative order to remediate a contaminated site;
2. The owner or operator of an industrial establishment subject to 13:1K-6 et seq. for the remediation of a discharge;
3. The owner or operator of an underground storage tank subject to 58:10A-21 et seq. for the remediation of a discharge;
4. Any other person who discharges a hazardous substance or is in any way responsible for a hazardous substance, pursuant to N.J.S.A. 58:10-23.11g, that was discharged at a contaminated site, or
5. Any other person who is remediating a site.
"Petroleum" means petroleum defined pursuant to the Underground Storage Tanks rules, at 7:14B-1.6.
"Pollutant" means any substance defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Preliminary assessment" means a preliminary assessment as defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Public entity" means any State, county, municipality, or public school district, but shall not include any authority created by those entities.
"Regulated underground storage tank" means an underground storage tank as defined pursuant to the Underground Storage Tank rules at N.J.A.C. 7:14B-1.6.
"Remedial action" means an action defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Remedial action workplan" or "RAW" means a plan defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E.
"Remedial investigation" means actions defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Remediation" or "remediate" means all necessary actions defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Remediation agreement" means an agreement defined as such pursuant to the Industrial Site Recovery Act rules, at N.J.A.C. 7:26B-1.4.
"Remediation certification" means a certification defined as such pursuant to the Industrial Site Recovery Act rules, at N.J.A.C. 7:26B-1.4.
Remediation costs" means all costs associated with conducting the preliminary assessment, site investigation, remedial investigation, feasibility study when applicable, and remedial action, including the development and implementation of a remediation including all direct and indirect capital costs, Department fees and oversight costs, engineering costs, and annual operation, maintenance and monitoring costs, and costs incurred by a certified public accountant or an independent auditor pursuant to N.J.A.C. 7:26C-4.10. Such costs, when applicable, shall include, without limitation, costs for construction of all facilities and process equipment, labor, materials, construction equipment and services, land purchase, land preparation/development, relocation expenses, systems start up and testing, facility operation, maintenance and repair, continuous effectiveness monitoring, periodic site condition reviews, and administrative and capital costs. Certain legal costs may be considered remediation costs to the extent that they are directly supporting the remediation, but remediation costs shall not include those legal costs associated with: recovery of costs expended on remediation, compelling a party to take part in the remediation, and defense against a Department enforcement action. Remediation costs do not include interest on monies owed.
"Response action outcome" or "RAO" means a written determination by a licensed site remediation professional that the site was remediated in accordance with all applicable statutes, rules and guidance, and based upon an evaluation of the historical use of the site, or of any area of concern at that site, as applicable, and any other investigation or action the Department deems necessary, there are no contaminants present at the site, at the area of concern or areas of concern, or at any other site to which a discharge originating at the site has migrated, or that any contaminants present at the site or that have migrated from the site have been remediated in accordance with applicable remediation statutes, rules and guidance and all applicable permits and authorizations have been obtained.
"Residual contamination" has the meaning as defined in the Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F-1.5.
"Responsible party" means a discharger or any person in any way responsible for a discharged hazardous substance pursuant to N.J.S.A. 58:10-23.11g.c.
"Restricted use remedial action" means a remedial action defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Sanitary landfill" or "landfill" means a solid waste facility, at which solid waste is deposited on or into the land as fill for the purpose of permanent disposal or storage for a period of time exceeding six months, except that the term sanitary landfill shall not include any waste facility approved for disposal of hazardous waste regulated pursuant to N.J.A.C. 7:26G. A facility is a sanitary landfill regardless of when solid waste was deposited or whether the facility was properly registered, permitted, approved or otherwise authorized to conduct such activity, by the Department or other State agency.
"Site investigation" means those actions defined as such pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.8.
"Small business" means a business entity that does not acquire property for development or redevelopment, and that, during the prior three tax years, employed not more than 50 full-time employees or the equivalent thereof, and qualifies as a small business concern within the meaning of the Federal "Small Business Act," 15 U.S.C. §§
										631 et seq.
"Spill Act" means the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11et seq.
"State costs" means all costs the State of New Jersey incurs as the result of a discharge, including without limitation, cleanup and removal costs, the costs of any enforcement investigation, and the reasonable costs of preparing and successfully enforcing a civil administrative penalty pursuant to this chapter, including interest on these costs calculated at the rate established by Rule 4:42-11 of the Rules Governing the Courts of the State of New Jersey. State costs also include treble damages that accrue to the Department when a person fails to comply with a directive the Department issues pursuant to N.J.S.A. 58:10-23.11.
"State fiscal year" means July 1 through June 30.
"Statutory permittee" means a person who becomes, subsequent to the placement of an institutional control or an engineering control on a property, the owner, operator, or tenant of that property, who, therefore, is required to comply with the procedures in N.J.A.C. 7:26C-7.
"Technical guidance" means the technical guidance defined as such pursuant to the Technical Requirements for Site Remediation at 7:26E-1.8.
"Timely filing" means an application filed within the review time goals as set forth in the Permit Activity Report published on the Department's website at www.nj.gov/dep/opppc/reports.html [File Link Not Available] or in the specific rule concerning an application for a grant or loan.
"Unregulated heating oil tank" means any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of heating oil for on-site consumption in a residential building, or those tanks with a capacity of 2,000 gallons or less used to store heating oil for on-site consumption in a nonresidential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is 10 percent or more below the ground.
"Unrestricted use remedial action" means a remedial action defined as such pursuant to the Technical Requirements for Site Remediation rules, at 7:26E-1.8.