N.J. Admin. Code § 7:26C-9.12

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

Section 7:26C-9.12 - Procedures for assessment, payment, and settlement of assessment of cleanup and removal costs in notices of administrative assessment of State costs

(a) The Department may assess State costs by issuing a notice of administrative assessment of State costs pursuant to the procedure in this section.

(b) To assess State costs in a notice of administrative assessment of State costs, the Department shall notify a responsible party by:

1. Certified mail, return receipt requested, and regular mail, with the simultaneous mailing of such constituting effective service; or

2. Personal service upon the responsible party.

(c) A notice of administrative assessment of State costs shall include, as applicable:

1. The Site Remediation Program name and Site Remediation Program Interest Number of the site, and the street address, municipality, and county of the site where the discharge occurred;

2. The responsible party, including:

i. Name and address; and

ii. The responsible party's relationship to the hazardous substance that was discharged;

3. To the extent readily available:

i. The date of the discharge;

ii. The name and quantity of the hazardous substance that was discharged; and iii. The extent of the discharge and the resulting injury to natural resources;

4. A concise statement of the facts relating to the State costs assessed, including the nature and amount of the State costs being assessed and the interest on those costs at the post-judgment rate established by Rule 4:42-11 of the Rules Governing the Courts of the State of New Jersey; and

5. Notice to the responsible party of the right to request a hearing pursuant to the procedures in N.J.A.C. 7:26C-9.10.

(d) The responsible party shall pay the assessed State costs upon the responsible party's receipt of the Department's final order in a contested case, or when a notice of administrative assessment of State costs otherwise becomes a final order, as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:26C-9.10, the notice of administrative assessment of State costs becomes a final agency order on the 21st day following the date the responsible party receives the notice of administrative assessment of State costs; or

2. If the Department denies a hearing request, the notice of administrative assessment of State costs becomes a final agency order when the responsible party receives the denial; or

3. If an adjudicatory hearing is held and a Final Decision is issued in favor of the Department, then the notice of administrative assessment of State costs becomes a final agency order.

N.J. Admin. Code § 7:26C-9.12

Adopted by 50 N.J.R. 1715(b), effective 8/6/2018