N.J. Admin. Code § 7:26B-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:26B-3.2 - Notification requirements

(a) An owner or operator planning to close operations or transfer ownership or operations of an industrial establishment shall submit a completed General Information Notice, in accordance with (b) below, within five calendar days after the occurrence of any of the events listed below:

1. The close of operations of an industrial establishment or the owner's or operator's public release of its decision to close operations, whichever occurs first;

2. The execution of an agreement by the owner or operator to transfer ownership or operations of the industrial establishment;

3. The signing of an agreement of sale, or the execution of a lease for a period of 99 years or longer, for the industrial establishment or the real property of the industrial establishment;

4. The effective time of corporate dissolution as specified at 14A:12-8, or upon the filing of a certificate of dissolution in the office of the Secretary of State, whichever occurs first;

5. The change in operations sufficient to change the primary NAICS number of an industrial establishment from a primary NAICS number that is subject to ISRA or this chapter to one that is not subject to ISRA or this chapter;

6. The exercise of an option to purchase an industrial establishment or the real property of an industrial establishment;

7. The acceptance of payment for the majority of stock in a corporation involving the direct owner or operator or indirect owner of the industrial establishment pursuant to a tender offer;

8. The sale, transfer or execution of an agreement to sell or transfer, whichever occurs first, stock in a corporation or interest in a limited liability company, resulting in a merger or consolidation involving the direct owner or operator or indirect owner of the industrial establishment;

9. The sale, transfer or execution of an agreement to sell or transfer, whichever occurs first, of more than 50 percent of the assets of an industrial establishment within any five-year period as measured on a constant, annual date-specific basis;

10. The sale, transfer or execution of an agreement to sell or transfer, whichever occurs first, stock in a corporation, of a partnership interest or interest in a limited liability company, resulting in a change in the person holding the controlling interest in the direct owner or operator or indirect owner of the industrial establishment;

11. The sale, transfer or execution of an agreement to sell or transfer, whichever occurs first, a partnership interest in a partnership that owns or operates an industrial establishment that would reduce, by ten percent or more, the assets available for remediation of the industrial establishment;

12. The transfer or execution of a trust to transfer an industrial establishment to a trust, whichever occurs first, except where grantor and beneficiary are identical or are members of the same family. Family includes the spouse, children, parents, siblings, grandparents, siblings of a parent, children of a sibling, or spouse of child of the grantor;

13. Receipt by the owner or operator of notice that the industrial establishment has become non-operational for health or safety reasons or by judicial proceeding or final agency action;

14. The appointment by a court of a receiver or liquidating trustee or execution of a deed of assignment for the benefit of creditors, in connection with dissolution (unless the event at (a)4 above has already occurred), liquidation or insolvency proceedings under statutory or common law as to the direct owner or operator or indirect owner of an industrial establishment; and

15. The following events in any bankruptcy proceeding:

i. The entry of an Order for Relief in bankruptcy pursuant to Chapter 7 of the United States Bankruptcy Code ( 11 U.S.C. §§ 701 et seq.);

ii. The filing of a plan of liquidation pursuant to Chapter 11 of the United States Bankruptcy Code ( 11 U.S.C. §§ 1101 et seq.); or

iii. Events covered by (a)1 through 15 above.

(b) An owner or operator who is required to complete and submit a General Information Notice pursuant to (a) above shall use the form found on the Department's website at www.nj.gov/dep/srp/srra/forms, which is certified in accordance with 7:26B-1.6, to the Department at the address provided on the form, which includes the following:

1. Site identification information, including site identification number if known;

2. Current property owner identification and contact information;

3. Current business operator and/or business owner identification and contact information;

4. Identification and description of the transaction triggering ISRA;

5. Applicable NAICS number(s) for the industrial establishment;

6. The date of public release of the closure decision and a copy of the appropriate public announcement, if any;

7. The date of execution of the agreement of transfer, sale or option to purchase and the name and address of the other parties to the transfer or sale, as applicable;

8. The proposed date for closing or transferring operations;

9. The name, address and telephone number of the authorized agent and the principal whom the authorized agent represents. The owner or operator shall notify the Department in writing, at the address provided at 7:26B-1.5, of any change of identity, address, or telephone number of the authorized agent. Where the Department is required by this chapter to notify or otherwise communicate with the person conducting the remediation of the site, written notice to or communication with the authorized agent by the Department shall be sufficient;

10. The applicable fees required pursuant to N.J.A.C. 7:26C-4;

11. Written authorization to allow access; and

12. Any additional information required by the Department from a specific owner or operator.

(c) An owner or operator may withdraw the notice required pursuant to (a) above if the owner or operator determines that none of the transactional events listed in (a) above will occur; provided, however, that any such owner or operator may have statutory liability for conducting the remediation pursuant to other statutes, including, without limitation, the Site Remediation Reform Act, 58:10C-1 et seq. The withdrawal of the notice does not alter or affect any statutory liability of the owner or operator for conducting the remediation.

(d) An owner or operator submitting a general information notice shall notify the Department, in writing, of any changes, amendments or other necessary modifications to the information contained in the general information notice, within 30 calendar days of the person's discovery that the information provided to the Department in the person's original General Information Notice is incorrect, inaccurate or incomplete.

(e) An owner or operator that is closing operations shall amend the General Information Notice submitted in accordance with (b) above for any subsequent event listed in (a) above that occurs prior to the issuance of a final remediation document, or a licensed site remediation professional's certification of a remedial action workplan for the industrial establishment.

N.J. Admin. Code § 7:26B-3.2

Special amendment, R.2004 d.206, effective 5/6/2004 (to expire August 15, 2004).
See: 36 N.J.R. 2931(a).
In (a)5, 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.
Administrative correction.
See: 42 N.J.R. 778(a).
Recodified in part from N.J.A.C. 7:26B-3.3 and 3.4 and amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Rewrote the introductory paragraph of (a); deleted former (b); recodified N.J.A.C. 7:26B-3.3(a) as (b); rewrote (b); deleted former N.J.A.C. 7:26B-3.3(b) through (d); recodified N.J.A.C. 7:26B-3.4(a) and (b) as (c) and (d); in (c), substituted "(a) above" for "N.J.A.C. 7:26B-3.2(a)"; and added (e).