N.J. Admin. Code § 7:26B-3.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26B-3.3 - Remediation requirements

(a) An owner or operator shall remediate the industrial establishment in accordance with this chapter and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, when any of the events listed in 7:26B-3.2(a) occur.

(b) An owner or operator or other person who entered into a remediation agreement or a remediation agreement amendment with the Department prior to November 4, 2009, or an owner or operator who submitted a remediation certification to the Department on or after November 4, 2009, shall remediate the industrial establishment in accordance with that agreement or certification, this chapter, and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C.

(c) An owner or operator of an industrial establishment who wishes to transfer ownership or operations of the industrial establishment prior to completion of all applicable requirements of ISRA and this chapter shall submit to the Department a completed Remediation Certification form, available at the Department's website at www.nj.gov/dep/srp/srra/forms, that includes the following:

1. An estimate of the cost of the remediation prepared and certified by a licensed site remediation professional;

2. A certification by the owner or operator of the industrial establishment describing:

i. The statutory liability of the owner or operator pursuant to ISRA to perform and to complete the remediation of the industrial establishment;

ii. The liability of the owner or operator for penalties for violating the act, subject to the defenses to liability and limitations thereon;

iii. The requirement of the owner or operator to perform the remediation the Department requires;

iv. The requirement of the owner or operator to allow the Department access to the industrial establishment pursuant to ISRA at 13:1K-10;

v. The requirement of the owner or operator to comply with the provisions of the Site Remediation Reform Act, 58:10C-1 et seq., and this chapter; and

vi. The requirement of the owner or operator to prepare and submit any document the Department requires for the remediation of the industrial establishment;

3. Evidence of the establishment of a remediation funding source in an amount of the estimated cost of the remediation and in accordance with N.J.A.C. 7:26C-5; and

4. Evidence of the payment of all applicable fees in accordance with N.J.A.C. 7:26C-4.

N.J. Admin. Code § 7:26B-3.3

The following annotations apply to N.J.A.C. 7:26B-3.3 prior to its recodification in part to N.J.A.C. 7:26B-3.2 by R.2012 d.095:
Special amendment, R.2004 d.206, effective 5/6/2004 (to expire August 15, 2004).
See: 36 N.J.R. 2931(a).
In (a)6, substituted "NAICS" for "SIC".
Adopted concurrent amendment, R.2004 d.343, effective 8/15/2004.
See: 36 N.J.R. 2931(a), 36 N.J.R. 4298(c).
Provisions of R.2004 d.206 adopted without change.
Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
In the introductory paragraph of (a), inserted "on a General Information Notice form available from the Department, which is" and substituted "on the form" for "at N.J.A.C. 7:26B-1.5"; in the introductory paragraph of (a)10, inserted "receptor evaluation,"; in (a)10i, inserted ", and in the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.15"; in (a)10ii, inserted "except that no schedule may allow for more time than is established in the timeframes set forth in the Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C-3;"; in the introductory paragraph of (c), substituted "For a General Information Notice submitted to the Department prior to November 4, 2009, the" for "The"; and added (d).
Readoption of special amendment, R.2011 d.251, effective 9/8/2011.
See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b).
Provisions of R.2009 d.361 readopted with one change, effective 10/3/2011: in the introductory paragraph of (a), substituted "form, found on the Department's website at http://www.nj.gov/dep/srp/srra/forms " for "General Information Notice form available from the Department".
The following annotation applies to N.J.A.C. 7:26B-3.3 subsequent to its recodification in part to N.J.A.C. 7:26B-3.2 by R.2012 d.095:
New Rule, R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Former N.J.A.C. 7:26B-3.3, General information notice, recodified in part to 7:26B-3.2.