N.J. Admin. Code § 7:26C-3.2

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

Section 7:26C-3.2 - Regulatory timeframes

(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

2. Submit any additional information the Department requests.

(c) The request for an extension of a regulatory timeframe submitted in accordance with (b) above shall be deemed to be approved by the Department unless the Department notifies the person in writing that the extension request is denied.

1. If the Department denies the extension request, the period between the date the Department received the extension request and the date the Department denies the request shall not be considered when determining whether the person responsible for conducting the remediation is in compliance with any regulatory timeframe.

(d) If the person responsible for conducting the remediation expects to or has missed a regulatory timeframe that may result in the person exceeding a mandatory remediation timeframe as established in 7:26C-3.3, or an expedited site specific timeframe established pursuant to 7:26C-3.4, the regulatory timeframe extension request shall not be deemed to be approved pursuant to (c) above.

N.J. Admin. Code § 7:26C-3.2

Amended by 50 N.J.R. 1715(b), effective 8/6/2018