N.J. Admin. Code § 7:26B-5.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:26B-5.4 - Remediation in progress waiver

(a) The owner or operator may, upon the submittal of the notice required pursuant to 7:26B-3.2(a), apply to the Department for a remediation in progress waiver in accordance with (c) below.

(b) The Department's approval of a remediation in progress waiver application authorizes the owner or operator to close operations or transfer ownership or operations of the industrial establishment without the submittal of a remediation certification, prior to the issuance of a final remediation document or prior to a licensed site remediation professional's certification of a remedial action workplan.

(c) To apply for a remediation in progress waiver, the owner or operator shall submit a completed ISRA Alternate Compliance Option Application, available on the Department's website at www.nj.gov/dep/srp/srra/forms, certified in accordance with 7:26B-1.6, to the Department at the address provided at 7:26B-1.5, which includes the following:

1. The name and location of the site, including street address, city or town, municipality, county, zip code, tax block and lot numbers of the site and the ISRA case number;

2. A preliminary assessment report and, as applicable, a site investigation report that demonstrates that:

i. There have been no discharges of a hazardous substance or a hazardous waste at the industrial establishment during the owner's or operator's period of ownership or operation; or

ii. Any discharged hazardous substance or hazardous waste that occurred at the industrial establishment during the owner's or operator's ownership or operation has been remediated, and the owner or operator includes identification of the spill incident numbers and a copy of a final remediation document for the remediation of those discharges;

3. Evidence that establishes that the property occupied by the industrial establishment for which the waiver is sought is being remediated by a prior owner or operator pursuant to ISRA, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq., or other applicable state laws and regulations, or the industrial establishment is currently in the process of an equivalent remediation pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. or any other applicable Federal law;

4. A certification by the owner or operator that any transferee of the industrial establishment has been notified that the industrial establishment is the subject of a remediation;

5. A certification by the owner or operator that:

i. A remediation funding source for the cost of the remediation at the industrial establishment has been established as required pursuant to N.J.A.C. 7:26C-5; or

ii. A financial assurance was established prior to June 16, 1993 and the amount of the financial assurance is consistent with the current cost estimate developed in accordance with N.J.A.C. 7:26E, for the remediation or the implementation of the remedial action workplan at the industrial establishment; and

6. Payment of all applicable fees required pursuant to N.J.A.C. 7:26C-4.

(d) The owner or operator:

1. May close operations or transfer ownership or operation of an industrial establishment upon receipt of the Department's written approval of the remediation in progress waiver application; or

2. 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, if the Department disapproves the remediation in progress waiver application.

N.J. Admin. Code § 7:26B-5.4

Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Rewrote (b), the introductory paragraph of (c), and (d); added new (c)2; deleted former (c)3; recodified former (c)2 as (c)3; rewrote (c)3; and in (c)5i and (c)6, updated the N.J.A.C. reference.