N.J. Admin. Code § 7:26C-9.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26C-9.5 - Civil administrative penalty determination

(a) The amount of a civil administrative penalty shall be determined as follows:

1. The Department shall identify the violation listed in the table in (b) below;

2. The Department shall determine whether the violation is identified by an "M" or "NM" in the Type of violation column;

3. For a violation identified by an "M" as minor in the "Type of Violation" column, the Department shall apply the provisions of 7:26C-9.4; and

4. For a violation identified by an "NM" as non-minor in the "Type of Violation" column, or for a violation that is identified by an "M" as minor in the "Type of Violation" column, but for which the conditions at 7:26C-9.3 are not satisfied, the Department:

i. Shall identify the corresponding base penalty dollar amount for the rule violated as listed in (b) below;

ii. Shall adjust the amount of the base penalty by applying the factors in 7:26C-9.6

(a), as applicable; and

iii. May multiply the penalty calculated pursuant to subparagraph

(a)4 above by the number of days the violation existed.

(b) The following summary of rules contained in the "Subchapter and Violation" column of the following tables is provided for informational purposes only. In the event that there is a conflict between the rule summary in the following tables and the corresponding rule provision, then the corresponding rule provision shall prevail. The "Citation" column lists the citation and shall be used to determine the specific rule to which the violation applies. In the "Type of Violation" column, "M" identifies a violation as minor and "NM" identifies a violation as non-minor. The length of the applicable grace period for a minor violation is indicated in the "Grace Period" column. The "Base Penalty" column indicates the applicable base penalty for each violation.

Subchapter and Violation		Citation	Type	Grace	Base
		of	Period Days	Penalty
		Violation
Discharges of Petroleum and Other Hazardous Substances N.J.A.C. 7:1E
5	Discharge notification, response and reporting
Failure to conduct	7:1E-5.7(a)2 ii	NM	$20,000
remediation in
accordance with
N.J.A.C. 7:26C.
Underground Storage Tanks N.J.A.C. 7:14B
1	General
information
Failure to submit	7:14B-1.7	M	30	$10,000
proper
certifications.
3	Fees
Failure to pay	7:14B-3	NM	100 percent of
fees or oversight	the amount of the
costs.	fee that is in
arrears
7	Release reporting
and investigation
Failure to perform	7:14B-7.1(a)	NM	$15,000
an investigation of a
suspected release, in
accordance with
7:14B-7.2(a) within
seven days of
discovery of the
suspected release.
Introduction of	7:14B-7.1(b)	NM	$25,000
product into an
underground storage
tank undergoing a
suspected release
investigation.
Failure to	7:14B-7.2(a)	NM	$15,000
properly conduct a
suspected release
investigation.
Failure to perform	7:14B-7.2(b)	NM	$15,000
a Site Investigation
within the required
timeframe, in
accordance with
7:26E-3.3,
when the seven-day
investigation was
inconclusive in
confirming or
disproving a
suspected release or
when available
information indicates
the tank system may
be the source of a
discharge.
Failure to	7:14B-7.3(a)	NM	$25,000
immediately report a	and (b)
confirmed discharge
as required.
Failure to	7:14B-7.3(c)	NM	$20,000
remediate discharges
from the underground
storage tank system
in accordance with
this chapter and
N.J.A.C. 7:26C.
Failure to	7:14B-7.3(d)	NM	$20,000
implement the release
response plan when a
discharge is
identified.
Failure to report	7:14B-7.3(e)	NM	$15,000
a discharge of a
reportable quantity
of hazardous
substances other than
petroleum or waste
oil to the National
Response Center per
40 CFR Part 302.
Introduction of a	7:14B-7.3(f)	NM	$25,000
hazardous substance
into an underground
storage tank system
which is known to be
leaking or
discharging hazardous
substances.
Failure to perform	7:14B-7.4	NM	$15,000
an unknown source
investigation and
submit the required
report and form when
required within the
required timeframe.
8	Remediation
Failure to take	7:14B-8.1(a)	NM	$15,000
the required actions
upon confirming the
leak of a hazardous
substance into the
interstitial space
created by the
secondary containment
system.
Upon confirming a	7:14B-8.1(b)	NM	$20,000
release, failure to
take all required
actions, including
remediation of the
discharge pursuant to
N.J.A.C. 7:26C.
For tanks subject	7:14B-8.3(a)	NM	$15,000
to regulation at 40
CFR Part 280, failure
to report to the
Department the source
and cause of the
confirmed release.
9	Out-of-service underground storage tank systems and closure of
underground storage tank systems
Failure to comply	7:14B-9.1	NM	$15,000
with requirements
related to out of
service tanks.
Failure to comply	7:14B-9.2	NM	$15,000
with required
procedures when
closing an
underground storage
tank system.
Failure to comply	7:14B-9.4	NM	$15,000
with required
procedures when the
substance being
stored is being
changed to a
substance not
regulated by this
chapter.
Failure to comply	7:14B-9.5	NM	$15,000
with reporting and
record keeping
requirements related
to tank system
closure.
10	Permitting requirements for underground storage tank systems
Failure to maintain the required site diagrams and specification at the underground storage tank facility.	7:14B-10.1(f)	M	30	$ 10,000
Failure to notify the Department at least 14 days prior to the commencement of any work activities related to installation, substantial modification, or closure of an underground storage system.	7:14B-10.1A	M	30	$ 1,750
Failure to obtain a permit from the Department prior to upgrading an underground storage tank system in a wellhead protection area.	7:14B-10.2(a)	NM	$ 15,000
11	Municipal
ordinances
Failure to obtain	7:14B-11.1(b)	NM	$10,000
permission from the
Department to enact a
law or ordinance
regulating
underground storage
tank systems subject
to N.J.A.C. 7:14B.
Failure to submit	7:14B-11.2(a)	M	30	$10,000
to the Department a
complete application
when seeking
authority to enact an
ordinance or law that
provides rules and
regulations that are
more environmentally
protective than
N.J.A.C. 7:14B.
13	Certification of individuals and business firms
Performance of	N.J.A.C. 7:14B-13.1(a)1	NM	$5,000 for the
entire system
installation or	first offense;
release detection	$ 10,000 for
monitoring system	the second
installation, closure	offense; $ 20,
tank testing	000 for the
subsurface evaluation	third and each
or corrosion	subsequent
protection system	offense
analysis
without proper
certification and/or
supervision.
Conducting remediation	7:14B-13.1(a)2	NM	$ 5,000 for the
on an underground	first offense;
storage tank system	$ 10,000 for
regulated pursuant to	the second
N.J.S.A. 58:10A-21et	offense; $ 20,
seq. and this chapter	000 for the
without holding a LSRP	third and each
subsequent
license.	offense
Failure to make	7:14B-13.1(b)	M	30	$ 5,000 for the
the Department-issued	and (c)	first offense;
certification card	$ 10,000 for
available to the	the second
Department or its	offense; $ 20,
authorized agent upon	000 for the
request or to	third and each
conspicuously display	subsequent
the Department-issued	offense
certificate at the
office of the
business firm as
required.
Failure to ensure all	7:14B-13.1(d)	NM	$ 5,000 for the
services performed on	first offense;
regulated underground	$ 10,000 for
storage tank systems	the second
pursuant to N.J.S.A	offense; $ 20,000 for the
58:10A-21 et seq. and
N.J.A.C. 7:14B are	third and each
performed by a	subsequent
certified individual	offense
or under the
immediate, on-site
supervision of a
certified individual,
and that remediation
is being conducted by
a LSRP.
Failure of an	7:14B-13.1(e)	NM	$ 5,000 for the
individual performing	first offense;
services on a	$ 10,000 for
regulated underground	the second
storage tank system to	offense; $ 20,
be employed by a	000 for the
certified firm and be	third and each
certified in the same	subsequent
category of service	offense
as the firm, or to be
employed by a
certified firm and
work under the
immediate on-site
supervision of an
individual certified
in the same category
of service as the
firm.
Failure to retain a	7:14B-13.1(g)	NM	$ 5,000 for the
licensed site	first offense;
remediation	$ 10,000 for
professional to	the second
conduct remediation	offense; $ 20,
pursuant to N.J.A.C.	000 for the
7:26C.	third and each subsequent offense
Failure of an	7:14B-13.1(i)	NM	$ 5,000 for the
individual or	first offense;
business firm to	$ 10,000 for
notify the Department	the second
in writing within	offense; $ 20,
three business days	000 for the
of any amendments to	third and each
the certification.	subsequent offense
Failure of a business	7:14B-13.1(k)	NM	$ 5,000 for the
firm to notify the	first offense;
Department in writing,	$ 10,000 for
within three business	the second
days, of a certifying	offense; $ 20,
officer leaving the	000 for the
business firm or	third and each
losing his or her	subsequent
certification.	offense
Failure of an	7:14B-13.1(l)	M	30	$ 5,000 for the
individual certified	first offense;
pursuant to N.J.A.C.	$ 10,000 for
N.J.A.C. 7:14B-13 to sign the	the second
certification	offense; $ 20,
statement pursuant to	000 for the
N.J.A.C. 7:14B-10.3(b)	third and each
for all documents	subsequent
prepared pursuant to N.J.A.C.	offense
7:14B and submitted
to the Department.
Failure to make	7:14B-13.1(m)	M	30	$ 5,000 for the
available to the	first offense;
local construction	$ 10,000 for
office a copy of the	the second
certification for the	offense; $ 20,
business or an	000 for the
individual's	third and each
certification card,	subsequent
or the license number	offense
of the Licensed Site
Remediation
Professional as
applicable, when
requested by the
local construction
official.
Failure of an	7:14B-13.1(n)	NM	$ 5,000 for the
individual or	first offense;
business firm	$ 10,000 for
certified pursuant to	the second
N.J.A.C. 7:14B-13 to	offense; $ 20,
comply with the	000 for the
professional business	third and each
practices described	subsequent
in N.J.A.C.
N.J.A.C. 7:14B-13.9.	offense
Performance of	7:14B-13.7(d)	NM	$ 5,000 for the
services for which	first offense;
certification is	$ 10,000 for
required after the	the second
expiration of a	offense; $ 20,
certification issued	000 for the
pursuant to N.J.A.C.	third and each
7:14B-13.	subsequent offense
Failure to provide	7:14B-13.7(f)	M	30	$ 5,000 for the
proof of the	first offense;
individual's	$ 10,000 for
attendance at	the second
continuing education	offense; $ 20,
courses, required	000 for the
training courses, and	third and each
supporting	subsequent
documentation when	offense
requested.
Failure to maintain	7:14B-13.8(a)	NM	$ 5,000 for the
evidence of financial	first offense;
responsibility	$ 10,000 for
assurance for the	the second
mitigation or	offense; $ 20,
remediation of a	000 for the
hazardous substance	third and each
discharge resulting	subsequent
from the performance	offense
of services.
Failure to provide	7:14B-13.8(b)	NM	30	$ 5,000 for the
written notification	first offense;
to the Department 120	$ 10,000 for
calendar days prior	the second
to any cancellation	offense; $ 20,
or change in status	000 for the
of a mechanism used	third and each
to provide financial	subsequent
responsibility	offense
assurance.
Failure of an	7:14B-13.9(a)	NM	$ 5,000 for the
individual or	through (c)	first offense;
business firm	$ 10,000 for
certified pursuant to	the second
N.J.A.C. 7:14B-13shall	offense; $ 20,
perform all services	000 for the
in accordance with all	third and each
Federal, State and	subsequent
local rules and	offense
regulations and
comply with the
listed professional
business practices.
Failure of an	7:14B-13.9(d)1	M	30	$ 5,000 for the
individual or	and 2	first offense;
business firm	$ 10,000 fo
certified pursuant to	the second
N.J.A.C. 7:14B-13 to	offense; $ 20
submit to the	000 for the
Department	third and each
documentation of the	subsequent
individual and	offense
business firm's cost
for providing the
services for which
the Fund is providing
financial assistance,
and to facilitate an
audit by the
Department of the
individual and
business firm's
pricing and business
practices.
Failure of an	7:14B-13.9(e)	NM	$ 5,000 for the
individual or	first offense;
business firm	$ 10,000 for
certified pursuant to	the second
N.J.A.C. 7:14B-13 to	offense; $ 20,
provide the	000 for the
Department with all	third and each
information that will	subsequent
aid in its review of	offense
loan and grant
applications,
investigation of
complaints of
discharges of
hazardous substances
or any suspected
violation of this
subchapter.
16	Certification of individuals and business firms for unregulated
underground storage tank systems
Performing	7:14B-16.2(a)	NM	$20,000
services on
unregulated heating
oil tanks without
proper certification
and/or supervision.
Failure to make	7:14B-16.2(b)	M	30	$10,000
the Department-issued	and (c)
certification card
available to the
Department or its
authorized agent upon
request or to
conspicuously display
the Department-issued
certificate at the
office of the
business firm as
required.
Failure of an	7:14B-16.2(d)	NM	$20,000
owner or operator of
an unregulated
heating oil tank
system to ensure all
services performed on
unregulated heating
oil tanks are
performed by an
individual with
proper certification
and/or supervision.
Performing	7:14B-16.2(e)	NM	$20,000
services on
unregulated heating
oil tanks without
proper certification
and/or supervision.
Failure of an	7:14B-16.2(f)	NM	$15,000
individual or
business firm
certified pursuant to
N.J.A.C. 7:14B-16 to
perform services on
unregulated heating
oil tank systems
pursuant to all
applicable
regulations, permits,
local ordinances and
codes, Department of
Community Affairs
Bulletins and
notices, manufacturer
installation
instructions and
industry standards.
Failure of an	7:14B-16.2(g)	NM	$20,000
individual or
business firm
certified pursuant to
N.J.A.C. 7:14B-16 to
facilitate any audit
of its pricing and
business practices,
including the
individual's or
business firm's cost
for providing
services being
performed with
financial assistance
from the Petroleum
Underground Storage
Tank Remediation
Upgrade and Closure
Fund.
Failure of an	7:14B-16.2(i)	NM	$10,000
individual or
business firm to
notify the Department
in writing within
three business days
of any amendments to
the certification.
Failure of a	7:14B-16.2(j)	NM	$10,000
business firm to
notify the Department
in writing, within
three business days,
of a certifying
officer leaving the
business firm or
losing his or her
certification.
Failure of a	7:14B-16.2(k)	NM	$10,000
business firm
performing services
on unregulated
heating oil tanks to
notify the Department
in writing of the
loss of the
certifying
individual's
certification due to
expiration,
revocation or
suspension and the
name of the
replacement
individual.
Failure to make	7:14B-16.2(l)	M	30	$10,000
available to the
local construction
office a copy of the
certification for the
business or an
individual's
certification card
when requested by the
local construction
official.
Performance of	7:14B-16.8(d)	NM	$15,000
services for which
certification is
required after the
expiration of a
certification issued
pursuant to N.J.A.C.
7:14B-16.
Failure to provide	7:14B-16.8(f)	M	30	$10,000
proof of the
individual's
attendance at
continuing education
courses, required
training courses, and
supporting
documentation.
Failure to	N.J.A.C. 7:14B-16.9(a)	NM	$15,000
maintain evidence of
financial
responsibility
assurance pursuant to
N.J.A.C. 7:14B-16.9,
for the mitigation or
remediation of a
hazardous substance
discharge resulting
from the performance
of services.
Failure to provide	7:14B-16.9(b)	NM	$15,000
written notification
to the Department 120
calendar days prior
to any cancellation
or change in status
of a mechanism used
to provide financial
responsibility
assurance.
Failure of an	7:14B-16.10(a)	NM	$15,000
individual or	through
business firm	(c)
certified pursuant to
N.J.A.C. 7:14B-16 to
perform all services
in accordance with
all Federal, State
and local rules and
regulations and
comply with the
listed professional
business practices.
Failure of an	7:14B-16.10(d)	NM	$20,000
individual or
business firm
certified pursuant to
N.J.A.C. 7:14B-16 to
submit to the
Department
documentation of the
individual and
business firm's cost
for providing the
services for which
the Fund is providing
financial assistance,
and to facilitate an
audit by the
Department of the
individual and
business firm's
pricing and business
practices.
Failure of an	7:14B-16.10(e)	NM	$20,000
individual or
business firm
certified pursuant to
N.J.A.C. 7:14B-16 to
provide the
Department with all
information that will
aid in its review of
loan and grant
applications,
investigation of
complaints of
discharges of
hazardous substances
or any suspected
violation of this
subchapter.
Industrial Site Recovery Act Rules N.J.A.C. 7:26B
1	General
information
Failure to submit	7:26B-1.6	M	30	$10,000
proper
certifications.
Failure of an	7:26B-1.10(a)	NM	$15,000
owner or operator to
comply with ISRA and
this chapter.
Transfer of an	7:26B-1.10(b)	NM	$15,000
industrial
establishment prior
to: a licensed site
remediation
professional's
issuance of a
response action
outcome or
certification of a
remedial action
workplan; submittal
of a remediation
certification with
all required
information; or
Department approval
of an application for
a waiver or
exemption.
3	Notification and
remediation
requirements
Failure to submit	7:26B-3.2	NM	$15,000
a General Information
Notice with the
required information
within five calendar
days after the
occurrence of a
transaction event, on
the proper form, and
to amend it as
required.
Failure to	7:26B-3.3(a)	NM	$20,000
remediate the
industrial
establishment as
required.
Failure to	7:26B-3.4	NM	$15,000
establish and
maintain a
remediation funding
source as required.
8	Program fees and
oversight costs
Failure to pay	7:26B-8	NM	100 percent of
fees and oversight	the amount of the
costs.	fee that is in
arrears
Administrative Requirements for the Remediation of Contaminated Sites
N.J.A.C. 7:26C
1	General
information
Failure to conduct	N.J.A.C. 7:26C-1.2(a)	NM	$20,000
remediation in
accordance with all
applicable statutes,
rules, and standards
, or to provide a
written rationale and
justification for
deviation from
technical guidance.
Failure to comply	7:26C-1.4(a)	NM	$15,000
with this chapter
Failure to conduct	7:26C-1.4(e)	NM	$15,000
additional
remediation using the
services of a LSRP
when notified of
termination of exempt
status.
Failure to	7:26C-1.5	M	30	$10,000
properly certify all
submissions.
Failure to submit	7:26C-1.6	M	30	$10,000
forms, applications
and documents as
required.
Failure to	7:26C-1.7(a)	NM	$25,000
immediately notify	and (b)
the Department of a
discharge or IEC .
Failure to comply	7:26C-1.7(c)	NM	$25,000
with the notification	through
requirements listed	(d)
Failure to assure	7:26C-1.7(e)	M	30	$10,000
required	through
notifications are in	(g)
English, and other
predominant language
if warranted, include
the proper contact
information and are
submitted as
required.
Failure to provide	7:26C-1.7(h)	NM	$10,000
requested information
to the Department,
and to local property
owners and tenants
who reside within 200
feet of the
contaminated site,
and to the government
entities, as
required.
Failure to submit	7:26C-1.7(i)	M	30	$10,000
a copy of the
remedial action
workplan and any
updates or status
reports, and a copy
of the site health
and safety plan to
the clerk of the
municipality, county
health department,
and local health
agency in which the
site is located, when
requested.
Failure to obtain	7:26C-1.7(k)	NM	$15,000
the Department's
prior written
approval, comply with
the N.J.A.C.
7:26E-5.2, and
provide required
notification, prior
to bringing
contaminated material
on to the site in an
amount that is in
excess of the amount
that is needed to
complete the
remediation
requirements or to
raise the topographic
level in a
floodplain.
Failure to	7:26C-1.7(l)	NM	$10,000
prepare, distribute
and publish a fact
sheet when
contamination
migrates off site in
any environmental
medium, as required.
Failure to include	7:26C-1.7(n)	M	30	$10,000
in the applicable
remedial phase report
the rationale for
implementation of an
alternative public
notification plan.
Failure to conduct	7:26C-1.7(o)	M	30	$10,000
additional public
outreach when
required.
Failure to comply	7:26C-1.7(q)	M	30	$10,000
with requirements for
a site located within
the jurisdiction of
the Pinelands
Commission.
Failure to allow	7:26C-1.8	NM	$20,000
access as required
2	Obligations of the persons responsible for conducting the
remediation of a contaminated site
Failure to conduct	7:26C-2.2(a)	NM	$15,000
remediation when
required.
Failure to hire a	7:26C-2.3(a)1	NM	$15,000
licensed site	and 2
remediation
professional to
conduct remediation
and submit the
required form.
Failure to conduct	7:26C-2.3(a)3	NM	$15,000
remediation in
accordance with this
chapter.
Failure to pay all	7:26C-2.3(a)4	NM	100 percent of
applicable fees and	the amount of the
oversight costs.	fee that is in
arrears
Failure to	7:26C-2.3(a)5	NM	$15,000
establish and
maintain a
remediation funding
source when required.
Failure to provide	7:26C-2.3(a)6	NM	$20,000
the Department access
to the contaminated
site.
Failure to provide	7:26C-2.3(a)7	M	30	$10,000
the Department copies
of all applicable
documents concerning
the remediation.
Meet the	7:26C-2.3(a)8	NM	$20,000
timeframes in this
chapter and in the
Technical
Requirements for Site
Remediation rules,
N.J.A.C. 7:26E.
Failure to obtain	7:26C-2.3(a)9	NM	$15,000
and comply with all
permits necessary for
the remediation.
3	Remediation timeframes and extension requests
Failure to comply	7:26C-3.2(a)	NM	$20,000
with each applicable
regulatory timeframe.
Failure to comply	7:26C-3.3(a)	NM	$20,000
with the applicable
timeframe timeframe for sites subject to N.J.S.A. 58:10C-27a(3).
Failure to comply with each applicable mandatory timeframe for sites not subject to N.J.S.A. 58:10C-27a(3).	7:26C-3.3(b)	NM	$ 20,000
Failure to comply	7:26C-3.4(c)	NM	$20,000
with an expedited
site-specific
timeframe established
by the Department.
4	Fees and oversight
costs
Failure to pay the	7:26C-4.3(a)	NM	100 percent of
annual remediation	the amount of the
fee and submit the	fee that is in
required form.	arrears
Failure to	7:26C-4.3(b)	NM	$15,000
accurately identify	and (c)
contaminated areas of
concern/media for the
purpose of
determining the
amount of the annual
remediation fee.
Failure to submit	7:26C-4.3(e)	NM	$15,000
a new Annual
Remediation Fee
Reporting Form within
the required
timeframe prior to
the annual
remediation fee
anniversary date,
when additional
contaminated areas of
concern/media are
discovered.
Failure to pay the	7:26C-4.3(g)	NM	100 percent of
annual remediation	and (h)	the amount of the
fee and the	fee and oversight
Department oversight	costs that are in
costs, as required,	arrears
when the Department
has determined that
it will undertake
direct oversight of a
site portion or
condition, or the
whole site.
Failure to pay	7:26C-4.4(a)	NM	100 percent of
document review fees	(b), and (c)	the amount of the
as required.	(d)	fee that is in
arrears
Failure to submit	7:26C-4.6	NM	100 percent of
the required remedial	the amount of the
action permit fee.	fee that is in
arrears
Failure to pay	7:26C-4.7(a)	NM	100 percent of
oversight costs as	the amount of the
required.	oversight costs
that are in
arrears
5	Remediation funding source and financial assurance
Failure to	7:26C-5.2(e)	NM	$15,000
establish and
maintain a
remediation funding
source and/or
financial assurance
in the required
amount for the
required time period.
Failure to	7:26C-5.2(k)	NM	$15,000
establish a
remediation trust
fund for a site being
remediated under the
Department's direct
oversight as
required.
Failure to submit	7:26C-5.4(b),	M	30	$10,000
the required	5.5(b),
confirmation of the	5.6(b),
value of the RFS, or	5.8(d)
renew a self
guarantee, when
required 30 days
prior to expiration.
Failure to pay the	7:26C-5.9(b)	NM	$10,000
annual RFS surcharge.
Failure to submit	7:26C-5.10	M	30	$10,000
the required
remediation cost
review when a
remediation funding
source or financial
assurance is
required.
Failure to	7:26C-5.11(c)	NM	$15,000
increase the
remediation funding
source and/or
financial assurance
within 30 days of a
determination that
remediation costs are
greater than the
amount established.
Failure to submit	7:26C-5.12(c)	M	30	$10,000
info regarding
disbursements.
6	Final Remediation Documents
licensed site
remediation
professional to
conduct remediation
and submit the
required form.
Failure to conduct	7:26C-6.	NM	$ 20,000
additional	4
remediation after a	(d)
response action
outcome has been
invalidated or
withdrawn, or after
the Department
rescinds a no further
action letter.
7	Deed notices, ground water classification exception areas and
remedial action permits
Failure to comply	7:26C-7.1(d)	NM	$15,000
with requirements
related to the
redevelopment or
change in use of real
property.
Failure to	7:26C-7.2	NM	$15,000
properly prepare and
follow procedures for
filing a deed notice.
Failure to	7:26C-7.3	NM	$15,000
properly prepare,
submit and file
information related
to a classification
exception area.
Failure to comply	7:26C-7.4(a)	NM	$15,000
with the requirements
of a remedial action
permit including the
submittal of a
biennial
certification,
maintenance of
financial assurance,
if applicable, and
payment of applicable
fees.
Failure to apply	7:26C-7.5(a)	NM	$15,000
for a remedial action
permit when required.
Failure to submit	7:26C-7.5(b)	M	30	$10,000
the required
information when
applying for a soil
remedial action
permit for a remedial
action that includes
an engineering or
institutional
control.
Failure to submit	7:26C-7.5(c)	M	30	$10,000
the required
information when
applying for a ground
water remedial action
permit for a
monitored natural
attenuation remedial
action.
Failure to submit	7:26C-7.5(d)	M	30	$10,000
the required
information when
applying for a ground
water remedial action
permit for an active
ground water remedial
action.
Failure to apply	7:26C-7.6	NM	$15,000
for a remedial action
permit in accordance
with the required
schedule.
Failure to comply	7:26C-7.7	NM	$15,000
with the requirements
of a remedial action
permit, including the
requirement to submit
a remedial action
protectiveness
certification.
Failure to comply	7:26C-7.8	NM	$15,000
with specific
conditions applicable
to a soil remedial
action permit.
Failure to comply	7:26C-7.9	NM	$15,000
with specific
conditions applicable
to a ground water
remedial action
permit.
Failure to submit	7:26C-7.10	NM	$15,000
to the Department, on
the same schedule as
biennial
certification
submittal, an
estimate of the
future costs to
operate, maintain,
and inspect all
engineering controls
and to maintain
financial assurance
in an amount equal to
the estimate.
Failure provide	7:26C-7.11	NM	$10,000
the required
information at least
60 calendar days
prior to the sale or
transfer of the
property, transfer of
the operation of the
property, or
termination of a
lease when requesting
that the Department
rescind permittee
status.
Failure to apply	7:26C-7.12	NM	$15,000
for modification of a
remedial action
permit when required,
including submittal
of required
information.
Failure to provide	7:26C-7.13	M	30	$10,000
the information
required for remedial
action permit
termination.
8	Site access
Failure to send	7:26C-8.2(b)	M	30	$10,000
written requests for	and (c)
access as required to
each property owner.
Failure to	7:26C-8.2(d)	M	30	$10,000
initiate and
vigorously pursue
site access via legal
action and provide
written confirmation
to the Department, as
required.
13	Remediation of unregulated heating oil tanks
Failure to use	7:26C-13.2(a)	NM	$15,000
either an
appropriately
certified subsurface
evaluator or a
licensed site
remediation
professional to
perform the
remediation of a
discharge from an
unregulated heating
oil tank system.
Failure to submit	7:26C-13.3	M	30	$15,000
the required
information.
Failure to obtain	7:26C-13.5(b)	NM	$15,000
the required
approvals when
conducting
remediation of an
unregulated heating
oil system
14	Direct oversight
Failure to comply	7:26C-14.2(b)	NM	$25,000
with the requirements
for direct oversight.
16	Linear
construction Projects
Failure to comply	7:26C-16.2(a)	NM	$15,000
with linear
construction
requirements
Failure to pay	7:26C-16.3(a)	NM	$15,000
fees related to
linear construction
project
Technical Requirements for Site Remediation N.J.A.C. 7:26E
1	General
Information
Failure to conduct	7:26E-1.1(c)	NM	$20,000
any additional
remediation the
Department determines
is necessary to
protect public health
and safety and the
environment.
Failure to comply	7:26E-1.3(a)	NM	$15,000
with this chapter
when conducting
remediation pursuant
to any of the
applicable statutes.
Failure to conduct	7:26E-1.5(a)	NM	$20,000
remediation pursuant
to this chapter and
N.J.A.C. 7:26C-1.2.
Failure to	7:26E-1.5(c)	NM	$20,000
remediate to the
applicable standards.
Failure to	7:26E-1.5(d)	NM	$15,000
document all work
conducted at a site
and include required
information in
reports.
Failure to provide	7:26E-1.5(e)	NM	$15,000
all complete,
accurate and relevant
information regarding
the remediation.
Failure to provide	7:26E-1.5(f)	NM	$15,000
site specific
information and
documents related to
the remediation when
requested by the
Department.
Failure to	7:26E-1.5(g)	NM	$15,000
properly install or
decommission borings
and wells.
Failure to follow	7:26E-1.5(h)	NM	$15,000
procedures and
criteria for the
return excavated soil
from drill cuttings
or test pit
excavations to the
original location.
Failure to comply	7:26E-1.5(i)	NM	$15,000
with listed	and
requirements and	5.1(d)5
conduct remediation
consistent with the
requirements of
Pinelands Protection
Act, N.J.S.A.
13:18A-1 et seq., and
any rules promulgated
pursuant thereto, and
with section 502 of
the National Parks
and Recreation Act of
1978, 16 U.S.C. '
4711.
Failure to submit	7:26E-1.6(a)3	M	30	$15,000
a completed case
inventory document
worksheet at the
front of each
remedial phase
workplan and report.
Failure to submit	7:26E-1.6(a)4	NM	$15,000
a quality assurance
project plan,
prepared pursuant to
7:26E-2.2,
with each remedial
phase workplan and
report.
Failure to submit	7:26E-1.6(a)5	M	30	$15,000
all sampling data
electronically in a
summary table using
the format outlined
in the Site
Remediation Program's
"Electronic Data
Interchange Manual."
Failure to submit	7:26E-1.6(a)6	M	30	$15,000
a GIS compatible site
plan that includes
the location of all
areas of concern as
polygons.
Failure to include	7:26E-1.6(b)	NM	$15,000
required general
reporting information
in each remedial
phase workplan and
report.
Failure to submit	7:26E-1.7(a)	NM	$15,000
technical information
required to justify
varying from a
technical requirement
prior to varying.
Failure to	7:26E-1.10(a)	NM	$25,000
implement an interim
response measure to
remove, contain or
stabilize a source of
contamination to
prevent contaminant
migration and include
a description of each
interim remedial
measure implemented
and each interim
remedial measure that
is planned in each
remedial phase
report.
Failure to notify	7:26E-1.10(b)	NM	$25,000
the Department of the
discovery of light
non-aqueous phase
liquid (LNAPL) and
initiate free product
recovery as required.
Failure to	7:26E-1.10(c)	NM	$25,000
complete the
delineation of LNAPL,
initiate
implementation of
LNAPL interim
remedial measure,
initiate operational
monitoring and submit
report within the
required timeframe.
Failure to	7:26E-1.11(a)1	NM	$25,000
immediately notify
the Department upon
the discovery of an
IEC.
Failure to	7:26E-1.11(a)2	NM	$25,000
mitigate the IEC
impacts within the
required timeframe by
providing an interim
response action and a
copy and explanation
of the analytical
results to the
property owner,
occupant (if
applicable), and
designated local
health department.
Failure to submit	7:26E-1.11(a)3	NM	$25,000
the required	through
information within	5
the required
timeframe and provide
routine updates to
the Department on a
schedule set by the
Department's IEC case
manager.
Failure to	7:26E-1.11(a)6	NM	$25,000
implement an IEC
engineered system
response action
within the required
timeframe.
Failure to	7:26E-1.11(a)6 i(2)	NM	$25,000
identify and sample
all potable wells,
pursuant to N.J.A.C.
7:26E-1.14, within
the appropriate
distance of the
impacted well.
Failure to	7:26E-1.11(a)6 ii(2)	NM	$25,000
identify all
buildings at risk and
conduct additional
vapor intrusion
investigations
pursuant to N.J.A.C.
7:26E-1.15 at all
buildings within 100
feet of the impacted
building.
Failure to	7:26E-1.11(a)6 iii(2)	NM	$25,000
identify and sample
all areas of concern
and evaluate for
direct contact
threats.
Failure to submit	7:26E-1.11(b)7	NM	$25,000
an IEC engineered
system response
action report with
the required
information, form,
and spreadsheet
within the required
timeframe.
Failure to	7:26E-1.11(a)8	NM	$25,000
identify and initiate
control of all IEC
contaminant sources
and submit an IEC
contaminant source
control report
including the
required information
and form within the
required timeframe.
Failure to provide	7:26E-1.11(a)9	NM	$25,000
annual monitoring and
maintenance reports
to the Department
that detail the
monitoring of
contaminated
properties and
receptors and
monitoring conducted
for wells and
buildings that are
located near the
wells and buildings
that are impacted by
the IEC
Failure to conduct	7:26E-1.12(a)	NM	$25,000
and submit an initial	and (c)
receptor evaluation,
pursuant to N.J.A.C.
7:26E-1.12(a) within
the applicable
required timeframe.
Failure to update	7:26E-1.12(d)	NM	$25,000
a receptor evaluation	and (e)
and submit it as
required.
Failure to send a	7:26E-1.12(f)	M	$10,000
copy of each receptor
evaluation to local
officials as
required.
Failure to conduct	7:26E-1.13	NM	$25,000
a receptor evaluation
of land use.
Failure to conduct	7:26E-1.14(a)1	NM	$25,000
a well search within
the required
timeframe.
Failure to notify	7:26E-1.14(a)2	NM	$25,000
the Department and
conduct potable well
sampling as required
within the required
timeframe.
Failure to update	7:26E-1.14(a)3	NM	$25,000
the well search every
two years after the
first trigger for a
well search to
identify if new wells
have been installed.
Failure to comply	7:26E-1.14(b)	NM	$25,000
with requirements
when contaminants are
discovered in any
potable or irrigation
well that may be
utilized for potable
purposes.
Failure to make	7:26E-1.14(c)	NM	$25,000
the proper
notifications or
submissions when no
contaminant
concentration is
detected in any
potable well sample
in excess of any
Class II ground water
remediation standard
within the required
timeframes.
Failure to conduct	7:26E-1.15(a)	NM	$25,000
a vapor intrusion
receptor evaluation
when required.
Failure to conduct	7:26E-1.15(b)	NM	$25,000
a proper vapor	and (c)
intrusion
investigation.
Failure to make	7:26E-1.15(d)	NM	$25,000
the proper
notifications or
submissions when a
vapor intrusion
investigation has
been conducted
pursuant to N.J.A.C.
7:26E-1.15(c), within
the required
timeframes.
Failure to submit	7:26E-1.15(e)1	NM	$25,000
required
notifications and
information
concerning exceedance
of the vapor
intrusion indoor air
screening levels
within the required
timeframe.
Failure to submit	7:26E-1.15(e)2	NM	$25,000
a mitigation plan
within the required
timeframe.
Failure to	7:25E-1.15(e)3	NM	$25,000
implement a
mitigation plan
within the required
timeframe.
Failure to submit	7:26E-1.15(e)4	NM	$25,000
a vapor intrusion
mitigation action
report within the
required timeframe.
Failure to provide	7:26E-1.15(e)5	NM	$25,000
routine updates to
the Department's IEC
case manager.
Failure to	7:26E-1.15(e)6	NM	$25,000
identify all
buildings at risk and
conduct additional
vapor intrusion
investigations at all
buildings within 100
feet of the impacted
building,
Failure to make	7:26E-1.15(g)2,	NM	$25,000
submissions or	(h) and
provide notifications	(i)3
to the New Jersey
Department of Health
and Senior Services,
Consumer and
Environmental Health
Services, Indoor
Environments Program.
Failure to report	7:26E-1.15(i)	NM	$25,000
potentially explosive
conditions.
Failure to conduct	7:26E-1.16	NM	$25,000
an ecological
receptor evaluation.
2	Quality assurance for sampling and laboratory analysis
Failure to use a	7:26E-2.1(a)1	NM	$15,000
laboratory that has	and 2
the appropriate
certification and
capabilities.
Failure to use	7:26E-2.1(a)3	NM	$15,000
appropriate methods	through
for sampling, sample	15
management, sample
matrix cleanup,
analysis and
reporting as
required.
Inappropriate use	7:26E-2.1(b)	NM	$15,000
of field screening
methods.
Failure to analyze	7:26E-2.1(c)1	NM	$15,000
samples for
contaminants which
may be present or to
analyze for the
Target Compound List
(TCL) plus
tentatively
identified compounds
(TICs)/Target Analyte
List (TAL) (TCL +
TICs/TAL), hexavalent
chromium, extractable
petroleum
hydrocarbons (EPH),
and pH when
contaminants are
unknown or not well
documented.
Failure to analyze	7:26E-2.1(c)2	NM	$15,000
all initial potable	and (c)3
water and vapor
intrusion samples for
the method specific
compounds plus TICs
and report all
results.
Failure to analyze	7:26E-2.1(d)	NM	$15,000
samples for petroleum
hydrocarbons
contamination as
required.
Failure to further	7:26E-2.1(e)	NM	$15,000
address tentatively
identified compounds,
as required.
Failure to prepare	7:26E-2.2(a)	NM	$15,000
and follow a quality
assurance project
plan, as required.
3	Preliminary assessment and site investigation
Failure to conduct	7:26E-3.1(b)	NM	$20,000
a preliminary
assessment when
required.
Failure to	7:26E-3.1(c)	NM	$15,000
properly conduct a
preliminary
assessment.
Failure to conduct	7:26E-3.1(d)	NM	$20,000
a site investigation
pursuant to N.J.A.C.
7:26E-3.3 through
3.15 when potentially
contaminated areas of
concern are
identified.
Failure to submit	7:26E-3.1(e)	NM	$15,000
a preliminary
assessment report
when no areas of
concern are
identified, as
required.
Failure to submit	N.J.A.C. 7:26E-3.2	NM	$15,000
a preliminary
assessment report
that conforms to the
requirements of
N.J.A.C. 7:26E-3.2.
Failure to conduct	7:26E-3.3(b)	NM	$20,000
a site investigation
when required.
Failure to conduct	7:26E-3.3(c)	NM	$15,000
a site investigation
that satisfies all
the listed
requirements in
N.J.A.C. 7:26E-3.
Failure to conduct	7:26E-3.3(d)	NM	$15,000
a comparison of all
site data with the
Department's
applicable
remediation standards
or any criterion to
determine if
contaminated areas of
concern are present,
identify as
contaminated areas of
concern those areas
where site data
demonstrate that
contaminant
concentrations exceed
any remediation
standard or any
criterion; and
determine if any
immediate
environmental
concerns exist.
Failure to	7:26E-3.4	NM	$15,000
properly conduct soil
sampling in each
potentially
contaminated area of
concern, including
failure to properly
select sample
locations, and to
properly collect and
analyze samples.
Failure to	7:26E-3.5	NM	$15,000
properly conduct
ground water sampling
in all potentially
contaminated area of
concern, including
failure to properly
select sample
locations, and to
properly collect and
analyze samples.
Failure to	7:26E-3.6(a)	NM	$15,000
determine if there is
any evidence that
contamination from
the site has reached
a surface water body.
Failure to conduct	7:26E-3.6(b)	NM	$15,000
a site investigation
of surface water and
sediment including
failure to properly
select sample
locations, and to
properly collect and
analyze samples, when
required.
Failure to conduct	7:26E-3.7	NM	$15,000
a site investigation
of building interiors
in order to determine
whether contaminants
inside the building
have the potential to
migrate to the
environment outside
the building or
contaminants outside
the building have the
potential to migrate
into the building,
and to conduct
additional remedial
investigation
necessary for the
impacted media.
Failure to support	7:26E-3.8	NM	$15,000
the conclusion that
any hazardous
substance, hazardous
waste, or pollutant
identified in soil or
ground water is
naturally occurring
pursuant to N.J.A.C.
7:26E-3.8.
Failure to support	7:26E-3.9	NM	$15,000
the conclusion that	through
contamination found	3.10
in soil, ground
water, surface water
or sediment is due to
migration to the site
from an offsite
source.
Failure to conduct	7:26E-	NM	$15,000
a site investigation	3.11
of any landfill
suspected to be
present at the site
to determine whether
a landfill is
present.
Failure to conduct	7:26E-	NM	$15,000
a site investigation	3.12
when a historic fill
is suspected to be
present.
Failure to submit	7:26E-3.13	NM	$15,000
a site investigation
report that conforms
to the requirements
of N.J.A.C.
7:26E-3.13.
Failure to submit	7:26E-3.14(a)1	NM	$15,000
a preliminary	and (b)1
assessment report and
site investigation
report for a site
being remediated
pursuant to the
Industrial Site
Recovery Act,
13:1K-6 et
seq., within the
required timeframe.
Failure to submit	7:26E-3.14(a)2	NM	$15,000
a site investigation	and (b)2
report for a site
being remediated
pursuant to the
Underground Storage
of Hazardous
Substances Act,
58:10A-21 et
seq., within the
required timeframe.
4	Remedial
investigations
Failure to conduct	N.J.A.C. 7:26E-4.1(b)	NM	$20,000
a remedial
investigation when
required
Failure to conduct	7:26E-4.1(c)	NM	$15,000
a remedial
investigation that
satisfies all the
listed requirements
in N.J.A.C. 7:26E-4.
Failure to submit	7:26E-4.1(d)	NM	$15,000
a remedial
investigation
workplan when
required.
Failure to conduct	7:26E-4.2(a)	NM	$15,000
a remedial	and (b)
investigation of
contaminated soil
that satisfies all
the listed
requirements,
including failure to
properly select
sample locations, and
to properly collect
and analyze samples.
Failure to conduct	7:26E-4.3(a)	NM	$15,000
a remedial	and (b)
investigation of
contaminated ground
water that satisfies
all the listed
requirements,
including failure to
properly select
sample locations, and
to properly collect
and analyze samples.
Failure to conduct	7:26E-4.4	NM	$15,000
a remedial
investigation of
surface water that
satisfies all the
listed requirements,
including failure to
properly select
sample locations, and
to properly collect
and analyze samples.
Failure to conduct	7:26E-4.5	NM	$15,000
a remedial
investigation of
building interiors
that satisfies all
the listed
requirements.
Failure to conduct	7:26E-4.6	NM	$15,000
a remedial
investigation of a
landfill that
satisfies all the
listed requirements.
Failure to conduct	7:26E-4.7	NM	$15,000
a remedial
investigation of
historic fill
material that
satisfies all the
listed requirements.
Failure to conduct	7:26E-4.8	NM	$15,000
an investigation of
ecological receptors
that satisfies all
the listed
requirements.
Implementing a	7:26E-4.8(c)3	NM	$15,000
remedial action for
an ecological
receptor without the
Department's prior
written approval of
the final remediation
goal when the final
remediation goal is
something other than
the ecological
screening criterion.
Failure to submit	N.J.A.C. 7:26E-4.9	NM	$15,000
a remedial
investigation report
that conforms to the
requirements of
N.J.A.C. 7:26E-4.9.
Failure to	7:26E-4.10	NM	$15,000
complete the remedial
investigation and
submit a remedial
investigation report
within the required
timeframe.
5	Remedial action
Failure to conduct	N.J.A.C. 7:26E-5.1(b)	NM	$20,000
a remedial action
when required.
Failure to conduct	N.J.A.C. 7:26E-5.1(c)	NM	$15,000
a remedial action
that satisfies all
the listed
requirements in
N.J.A.C. 7:26E-5.
Failure to	7:26E-5.1(d)1	NM	$15,000
implement a remedial
action that is
protective of public
health, safety and
the environment.
Failure to utilize	7:26E-5.1(d)2	NM	$15,000
engineering and
institutional
controls in
conjunction with a
remedial action
permit whenever a
restricted use or
limited restricted
use remedy is
implemented.
Implementing a	7:26E-5.1(d)3	NM	$25,000
remedy that causes an
uncontrolled or
unpermitted discharge
or transfer of
contaminants.
Failure to	7:26E-5.1(d)4	NM	$15,000
implement a
remediation that
complies with all
applicable
remediation standards
in effect at the time
the remedial action
workplan was
approved, and failure
to conduct additional
remedial action when
a remediation
standard decreased by
an order of
magnitude.
Implementing a	7:26E-5.1(d)6	NM	$25,000
remedial action that
causes a natural
resource injury.
Failure to treat	7:26E-5.1(e)	NM	$25,000
or remove free and/or
residual product when
practical, or to
contain same when
treatment or removal
are not practical.
Failure to submit	7:26E-5.1(f)	NM	$15,000
a remedial action
workplan prepared
pursuant to N.J.A.C.
7:26E-5.5 or a
corrective measures
study workplan for
approval when
required.
Failure to select	7:26E-5.2 (a)1	NM	$15,000
a remedial action
that prevents further
exposure of residual
contamination to any
receptor.
Failure to develop	7:26E-5.2(a)2	NM	$15,000
and implement a
monitoring program to
effectively monitor
the performance of a
remedial action.
Failure to	7:26E-5.2(a)3	NM	$15,000
demonstrate
compliance with the
appropriate
remediation standard
or ecological risk
based remediation
goal.
Failure to file a	7:26E-5.2(a)4	NM	$15,000
deed notice when
implementing a soil
remedial action where
the residual
contaminant
concentrations
remaining will exceed
the residential
direct contact soil
remediation
standards.
Failure to obtain	7:26E-5.2(a)5	NM	$15,000
a remedial action
permit for a
restricted use or
limited restricted
use remedial action.
Failure to comply	7:26E-5.2(b)	NM	$15,000
with all the listed	through
requirements	(g)
concerning the use of
clean or alternative
fill as part of a
remedial action.
Failure to utilize	7:26E-5.3(a)	NM	$25,000
an unrestricted use
remedy, a presumptive
remedy, or
alternative remedy
for any remediation
initiated after May
7, 2010 when new
construction of, or a
change in use to, a
residence, a school
or child care center
will occur at an area
of concern that is
undergoing
remediation.
Failure to	7:26E-5.3(b)	NM	$25,000
implement a
presumptive remedy
that is unrestricted
use for a discrete
area discharge or
widespread PCB
contamination as
required.
Failure to submit	7:26E-5.3(c)	NM	$25,000
a remedial action
workplan that
includes the required
information pursuant
to N.J.A.C.
7:26E-5.3(c) and
obtain the
Department's approval
prior to
implementation when
an unrestricted use
remedy or presumptive
remedy is not
utilized.
Failure to submit	7:26E-5.3(d)	NM	$25,000
a remedial action
workplan and obtain
the Department's
approval prior to
implementation where
required.
Constructing	7:26E-5.3(e)	NM	$25,000
single family
residences, schools
or child care centers
on a landfill where
engineering controls
are required for
landfill gas or
leachate.
Failure to address	7:26E-5.3(f)	NM	$25,000
vapor intrusion	and (g)
concerns for all new
construction of, or
conversion to,
Residential Type I or
II buildings,
schools, or child
care centers.
Failure to	7:26E-5.4	NM	$15,000
implement a remedial
action for soil
contamination
associated with
historic fill
material and ground
water contaminated by
historic fill
material.
Failure to prepare	7:26E-	NM	$15,000
and submit a remedial	5.5
action workplan that
complies with all
listed requirements.
Failure to apply	7:26E-	NM	$15,000
for and obtain all	5.6
required permits and
comply with public
notice requirements,
prior to initiating
the activity
requiring the permit.
Failure to submit	7:26E-	NM	$15,000
a remedial action	5.7
report that conforms
to the requirements
of N.J.A.C.
7:26E-5.7.
Failure to conduct	7:26E-	NM	$15,000
a remedial action	5.8
within the required
regulatory timeframe.
HEATING OIL TANK SYSTEM REMEDIATION RULES, N.J.A.C. 7:26F
1 General Information
Failure to conduct additional remediation.	7:26F-1.2(c)	NM	$ 15,000
Failure to notify the Department of a discharge.	7:26F-1.6	NM	$ 15,000
Failure to pay a document review fee as required.	7:26F-1.8	NM	100 percent of the amount of the fee that is in arrears
Failure to certify a document.	7:26F-1.9	M	30	$ 10,000
Failure to use an environmental professional to remediate a discharge from a heating oil tank system.	7:26F-1.11	NM	$ 15,000
2 General Remediation Requirements
Failure to close and/or remove a heating oil tank.	7:26F-2.1(a)	NM	$ 15,000
Failure to hire an environmental professional to oversee the remediation of a discharge from a heating oil tank.	7:26F-2.1(a)	NM	$ 15,000
Failure to have soil and water analyzed by a certified laboratory.	7:26F-2.2(a)1	NM	$ 15,000
Failure to follow the requirements for quality assurance for sampling and laboratory analysis in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.	7:26F-2.2(a)2	NM	$ 15,000
Failure to follow the analytical requirements for heating oil tank system discharges at N. J.A.C. 7:26F-2.4(a)3, Table 2-1.	7:26F-2.2(a)3	NM	$ 15,000
3 Soil Remediation Requirements
Failure to remediate free product.	7:26F-3.2	NM	$ 15,000
Failure to remediate soil contamination.	7:26F-3.4 or 3.5	NM	$ 15,000
Failure to determine compliance for a soil sample collected for a discharge at or from a heating oil tank system containing No. 2, No. 4, or No. 6 heating oil or kerosene.	7:26F-3.6	NM	$ 15,000
Failure to establish a required institutional control or engineering control and obtain a remedial action permit.	7:26F-3.7(b)	NM	$ 15,000
Failure to secure agreement of the person who has legal or equitable title to the property to implement a remedial action.	7:26F-3.7(b)	NM	$ 15,000
Failure to establish a required institutional control or engineering control.	7:26F-3.7(b)	NM	$ 15,000
Failure to properly restore the site once the remedial action is completed.	7:26F-3.8	NM	$ 15,000
4 Ground Water Remediation Requirements
Failure to remediate ground water contamination.	7:26F-4.2 or 4.3	NM	$ 15,000
Failure to establish a required institutional control.	7:26F-4.3(f)	NM	$ 15,000
6 Receptor Evaluation
Failure to conduct a receptor evaluation, when required.	7:26F-6	NM	$ 15,000
7 Remedial Action Report and Heating Oil Tank System No Further Action Letter Request Requirements
Failure to prepare a remedial action report pursuant to N.J. A.C. 7:26F-5.2 and submit required documents for remediation of a heating oil tank system.	7:26F-7.2 and 7.3	NM	$ 15,000

N.J. Admin. Code § 7:26C-9.5

Amended by 50 N.J.R. 409(a), effective 1/16/2018

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

Administrative Change, 51 N.J.R. 729(a).