N.J. Admin. Code § 7:26C-5.12

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

Section 7:26C-5.12 - Disbursements from the remediation funding source

(a) Except as provided in (b) below, a person who is required to establish and maintain a remediation funding source pursuant to this subchapter, and who has established a remediation trust fund, an environmental insurance policy, letter of credit or a line of credit, in satisfaction of the requirements of this subchapter, may submit to the provider, with a copy to the Department, no more frequently than once every three months, a written request to use the remediation funding source to pay for the actual cost of remediation. The request must include the following information:

1. Identification of the site, including name, address, case number (if applicable), program interest name, and program interest number (preferred ID);

2. The amount of the disbursement request; and

3. A certification by the person responsible for conducting the remediation and by the licensed site remediation professional, that the disbursement request represents actual remediation costs of the subject site, incurred or to be incurred.

(b) For sites where the person responsible for conducting the remediation is subject to direct oversight, within 30 days after the Department's receipt of the written request submitted on a form, found on the Department's website at www.nj.gov/dep/srp/srra/forms, the Department will respond to a disbursement request as follows:

1. The information submitted is complete and the disbursement amount represents actual remediation costs and, therefore, the disbursement is approved; or

2. The information submitted is incomplete, and the disbursement is not approved. The Department shall include a list of the missing information and a statement that the Department shall give no further consideration to the disbursement request until the requestor submits all the required information.

(c) If the disbursement request is submitted directly to the provider of the remediation funding source in accordance with (a) above, the person responsible for conducting the remediation and the licensed site remediation professional shall provide the Department with notice of the disbursement and the amount of the remaining remediation funding source within 30 days after disbursement on a form available on the Department's website at www.nj.gov/dep/srp/srra/forms.

N.J. Admin. Code § 7:26C-5.12

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 section.