N.J. Admin. Code § 7:26C-1.4

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

Section 7:26C-1.4 - Applicability and exemptions

(a) Except as provided in (c) and (d) below, each of the following persons shall comply with this chapter:

1. Each person who 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 legally binding document with the Department for the remediation of a contaminated site;

2. Each owner and operator of a regulated underground storage tank who is liable for the remediation pursuant to the Underground Storage of Hazardous Substances Act, 58:10A-21 et seq.;

3. Each owner and operator of an industrial establishment who is liable for the remediation of that industrial establishment pursuant to Industrial Site Recovery Act, 13:1K-6 et seq.;

4. Each person in any way responsible, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, for any hazardous substance that was discharged, including, without limitation:

i. Each owner of the real property where the discharge occurred at the time of the discharge;

ii. Each subsequent owner of the real property where the discharge occurred prior to the filing of a final remediation document with the Department;

iii. A holder of a security interest in a site, an underground storage tank system, or a heating oil tank system who, prior to foreclosure, actively participated in the management of a site, an underground storage tank system, or a heating oil tank system; or

iv. A holder of a security interest in a site, an underground storage tank system, or a heating oil tank system who, after foreclosure, negligently caused a new discharge at a site;

5. Each person listed in

(a)1 through 4 above, when:

i. The Department rescinds a no further action letter or invalidates a response action outcome; or

ii. The licensed site remediation professional rescinds his or her own response action outcome;

6. A statutory permittee during that person's ownership, tenancy, or operation;

7. A person who is conducting an evaluation of a child care center pursuant to the Department of Children and Families Manual of Requirements for Child Care Centers, N.J.A.C. 10:122-5.2(i); and

8. Any other person who is responsible for remediating a site pursuant to N.J.S.A. 58:10-23.11g.

(b) If more than one person is responsible for conducting the remediation of a contaminated site, each such person is jointly and severally liable for compliance with this chapter.

(c) The requirements of this chapter do not apply to any person who is:

1. Not listed in (a) above, and who is conducting due diligence in accordance with N.J.S.A. 58:10B-1.3d(2);

2. Remediating a landfill, unless:

i. The landfill or any portion thereof is:

(1) Slated for redevelopment with a building;

(2) Does not have a final remediation document, but has already been developed with a building; or

(3) Does not have a solid waste approval from the Department, but has already been developed with a building;

ii. When landfill remediation activities are funded, in whole or part, by the Hazardous Discharge Site Remediation Fund pursuant to the Brownfield and Contaminated Site Remediation Act at 58:10B-4 through 9, a Brownfield Redevelopment agreement pursuant to the Brownfield and Contaminated Site Remediation Act at 58:10B-27 through 31, or the Municipal Landfill Closure and Remediation Reimbursement Program pursuant to the Solid Waste Management Act at 13:1E-116.1 through 116.7; or

iii. The person conducting the remediation wants a final remediation document;

3. Remediating a discharge pursuant to a New Jersey Pollutant Discharge Elimination System Underground Injection Control permit issued pursuant to N.J.A.C. 7:14A; or

4. Except as provided in N.J.A.C. 7:26F-1.2(d)2 and 3, 1.6(b), and 3.7(b)1, remediating a discharge from a heating oil tank system in accordance with N.J.A.C. 7:26F.

(d) Unless notified in writing by the Department that additional remediation is necessary, the person responsible for conducting the remediation of any of the following types of discharges is exempt from the requirements at N.J.A.C. 7:26C-2.3 to use the services of a licensed site remediation professional or to submit documents to the Department:

1. A petroleum surface spill , including mineral oil containing less than 50 parts per million of polychlorinated biphenyls from a transformer, of less than 100 gallons, that does not reach the waters of the State of New Jersey provided that:

i.Any contamination is remediated within 90 days after the occurrence of the spill; and

ii. The person responsible for conducting the remediation documents, at the time of the spill, his or her specific knowledge of the date and volume of the spill;

2. A discharge that results from a passenger motor vehicle accident; or

3. A discharge that the Department refers to its Bureau of Emergency Response, to the New Jersey Office of Emergency Management, or to a County Environmental Health Agency.

(e) Any governmental entity that is not liable under N.J.S.A. 58:10-23.11g.d(4) shall be exempt from paying the initial annual remediation fee and subsequent annual remediation fees as required by 7:26C-4.3(a)3 through 5, and, instead, shall pay annual remediation fees pursuant to 7:26C-4.3(a)7.

N.J. Admin. Code § 7:26C-1.4

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