N.J. Admin. Code § 7:26B-1.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:26B-1.8 - ISRA authorization

(a) An owner or operator is authorized to transfer ownership or operations of an industrial establishment, or in the case of a cessation of operations authorize the cessation as it relates to ISRA compliance, without, or prior to the issuance of, a final remediation document in the following circumstances:

1. The owner's or operator's submission of a remediation certification pursuant to 7:26B-3.3(c);

2. The Department's approval of a regulated underground storage tank waiver application pursuant to 7:26B-5.3(e);

3. The Department's approval of a remediation in progress waiver application pursuant to 7:26B-5.4(d); and

4. The Department's approval of a de minimis quantity exemption pursuant to 7:26B-5.9.

(b) The issuance of an authorization letter pursuant to (a) above may not relieve the owner or operator or any person responsible for conducting the remediation of the industrial establishment, of the obligations to remediate the industrial establishment pursuant to ISRA, this chapter and any other applicable law.

N.J. Admin. Code § 7:26B-1.8

Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
Section was "No further action letter and authorization letter". In (a), substituted "In the case of a transactional event listed at N.J.A.C. 7:26B-3.2(a) for which the Department received the general information notice required pursuant to N.J.A.C. 7:26B-3 prior to November 4, 2009, the" for "The"; deleted former (b); recodified former (c) and (d) as (b) and (c); in the introductory paragraph of (b), substituted "An" for "The Department may authorize a" and "final remediation document" for "no further action letter", inserted "is authorized" and deleted "through the issuance of an authorization letter" preceding "without"; rewrote (b)1; in (b)4, deleted "and" from the end; in (b)5, substituted "; and" for a period at the end; and added (b)6.
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 (b)6, substituted "de minimis" for "deminimus".
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Section was "No further action letter and ISRA authorization". Deleted former (a); recodified former (b) and (c) as (a) and (b); in (a)1, updated the N.J.A.C. reference; in (a)3, inserted "and" at the end; deleted former (a)4 and (a)5; recodified (a)6 as (a)4; and in (b), substituted "(a)" for "(c)".