N.J. Admin. Code § 7:26C-2.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26C-2.2 - Criteria for determining when a person is required to remediate a site

(a) Unless exempted pursuant to N.J.A.C. 7:26C-1.4(c) or (d), a person shall remediate a site in accordance with this chapter when:

1. The person discharges a hazardous substance or otherwise becomes in any way responsible pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10.23-11g, for a discharge;

2. The owner or operator of a regulated underground storage tank:

i. Determines there has been a discharge or suspects there has been a discharge from the regulated underground storage tank, pursuant to N.J.A.C. 7:14B-7.2;

ii. Undertakes closure of a regulated underground storage tank pursuant to N.J.A.C. 7:14B-8.1(b)6, 9.1(d) and 9.2(a)2; or

iii. Is required to conduct an unknown source investigation pursuant to N.J.A.C. 7:14B-7.4;

3. Any of the events described in the Industrial Site Recovery Act Rules at N.J.A.C. 7:26B-3.2(a) occurs;

4. The person discovers a discharge on property that person owns;

5. A no further action letter is rescinded or a response action outcome is invalidated;

6. The Department determines that additional remediation is necessary after the Department has issued a remedial action permit for a remedial action; or

7. The person has executed or is otherwise subject to a judicial or administrative order, a judicial consent judgment, an administrative consent order, a memorandum of understanding, a remediation agreement, or any other oversight document for the remediation of a contaminated site.

N.J. Admin. Code § 7:26C-2.2

Repeal and New Rule, R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Section was "Criteria for determining when a person has initiated remediation".
Administrative corrections and changes.
See: 45 N.J.R. 1652(a).