N.J. Admin. Code § 7:26E-5.8

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

Section 7:26E-5.8 - Remedial action regulatory timeframes

(a) The person responsible for conducting the remediation shall complete the implementation of the remedial action, within the applicable regulatory timeframe listed in (b) below, by:

1. Implementing all remedial actions required to address the contaminated site, pursuant to the requirements of this subchapter;

2. Submitting a remedial action report for all remedial actions at the contaminated site to the Department pursuant to 7:26E-5.7; and

3. Ensuring that a licensed site remediation professional submits a final remediation document to the Department pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, at 7:26C-6.2.

(b) The person responsible for conducting the remediation shall complete the implementation of the remedial action and submit a remedial action report for a contaminated site within the following regulatory timeframes:

1. Except as provided in (b)2 below, for sites subject to the statutory requirement at N.J.S.A. 58:10C-27.a(3) to complete the remedial investigation on or before May 7, 2014:

i. For the remediation of a discharge that only resulted in soil contamination, February 6, 2019; or

ii. For the remediation of all other contamination, May 7, 2019;

2. For sites subject to the statutory requirement at N.J.S.A. 58:10C-27.a(3) to complete the remedial investigation on or before May 7, 2014, and that obtained and maintained an extension to complete the remedial investigation on or before May 7, 2016, pursuant to N.J.S.A. 58:10C-27.1:

i. For the remediation of a discharge that only resulted in soil contamination, May 7, 2019; or

ii. For the remediation of all other contamination, May 7, 2021;

3. For every other site not subject to (b)1 or 2 above:

i. For the remediation of a discharge that only resulted in soil contamination, within three years after the earliest applicable regulatory timeframe in 7:26E-4.10 to submit a remedial investigation report; or

ii. For the remediation of all other contamination, within five years after the earliest applicable regulatory timeframe in 7:26E-4.10 to submit a remedial investigation report.

(c) Any person responsible for conducting remediation who is not subject to liability under N.J.S.A. 58:10-23.11g and is one of the following, is exempt from the regulatory timeframes outlined in (b) above:

1. A non-profit organization that meets the definition set forth at 26 U.S.C. § 501(c)3 unless that organization is established by or funded by another person who is subject to liability under N.J.S.A. 58:10-23.11gfor that site; or

2. A government entity that is exempt from liability pursuant to N.J.S.A. 58:10-23.11gd(4).

(d) The person responsible for conducting the remediation may request an extension of the applicable regulatory timeframe in (b) above, pursuant to the procedure outlined in the Administrative Requirements for the Remediation of Contaminated Sites, at 7:26C-3.2.

N.J. Admin. Code § 7:26E-5.8

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