N.J. Admin. Code § 7:26C-7.2

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

Section 7:26C-7.2 - Administrative requirements for using a deed notice in a remedial action

(a) The person responsible for conducting the remediation implementing a remedial action that requires a deed notice pursuant to 7:26E-5.2(a)4 shall prepare a deed notice that:

1. Is worded exactly as the model document in N.J.A.C. 7:26C Appendix B, incorporated herein by reference, except that site-specific information shall be inserted where indicated in the model document; and

2. Includes copies of all required maps that:

i. Are GIS compatible and are prepared using the Department's GIS guidance at www.nj.gov/dep/srp/guidance/techgis/;

ii. Are on 8.5 inch by 11 inch paper (using multiple sheets if necessary);

iii. Are scaled at one inch to 200 feet or less;

iv. Are clean, clear, and legible; and

v. Include:

(1) A bar scale;

(2) A north arrow;

(3) A legend;

(4) The applicable Program Interest name and number (Preferred ID);

(5) Tax Block and Lot numbers; and

(6) The date prepared.

(b) The person responsible for conducting the remediation who will use a deed notice as part of a remedial action for a contaminated site shall comply with the following, as applicable:

1. If there is a deed for the property to which the deed notice applies, the person shall cause the owner of the property to record the deed notice with the office of each county recording officer responsible for recording deeds for each county in which the property is located; and shall obtain an official copy of the recorded deed, stamped "Filed" for use in satisfying the requirements of (b)3 below.

2. If there is no deed for the property to which the notice applies, the documents prepared pursuant to (a) above shall serve as a notice in lieu of a deed notice, and the person shall:

i. Where the property is a local, county or State roadway, provide a copy of the documents prepared pursuant to (a) above in both paper and electronic (read only) format, including all maps, to the following, as applicable:

(1) Each road department of each municipality in which the property is located;

(2) Each road department of each county in which the property is located;

(3) The New Jersey Department of Transportation; and

(4) Each utility company with an easement on the roadway; and

ii. For a property that is owned by the U.S. Department of Defense, prepare an amendment to the Base Master Plan or Land Use Control Assurance Plan in the format prescribed in (a) above and submit the amendment to the commanding officer of the affected Base or the commanding officer's designated representative; and

iii. For a property that is owned by a local, county, State or Federal government agency (except as provided in ii above), provide a copy of the documents prepared pursuant to (a) above, in both paper and electronic (read only) format, including all maps, to the head of each affected agency or that agency's designated representative; and

3. Provide a paper copy of the recorded deed notice, stamped "Filed" pursuant to (b)1 above or notice in lieu of deed notice with proof of submission to the officials to which the notice in lieu of deed notice is to be submitted pursuant to (b)2 above, as applicable, and an electronic copy in a read only format, including all maps, to the following individuals and groups:

i. The Department as part of a remedial action permit application pursuant to 7:26C-7.4;

ii. The municipal clerk, mayor and governing body of each municipality in which the property is located;

iii. The local, county, and regional health department in each municipality and county in which the property is located;

iv. Each gas, electric, water, sewer, and cable company and all other utilities that service the property or have a license or easement to cross the property;

v. The Pinelands Commission if the property is located within an area subject to the jurisdiction of the Pinelands Commission; and

vi. Any other person who requests a copy.

(c) If the person responsible for conducting the remediation, who uses a deed notice pursuant to (a) and (b) above, is not the property owner of the contaminated site, then the person responsible for conducting the remediation shall:

1. Provide the Department with the property owner's written agreement to record the deed notice; or

2. Submit the property owner's written agreement to provide notice in lieu of a deed notice, pursuant to (b)2 above, as follows, if the property owner is any local, county, State, or Federal government agency, and a deed is not associated with the property (such as roads and sidewalks):

i. For a municipality, the written agreement shall be in the form of a formal resolution by the municipal government;

ii. For a county, the written agreement shall be in the form of a formal resolution by the county freeholders; and

iii. For a State or Federal governmental agency, the head of the agency or its designee shall sign the written agreement.

(d) The person responsible for conducting the remediation or the statutory permittee shall, within 30 days after municipal subdivision approval of such a site that triggers a remedial action permit termination application pursuant to N.J.A.C. 7:26C-7.13(c):

1. Terminate the existing deed notice on the site using the form at N.J.A.C. 7:26C Appendix C;

2. File a new deed notice for each subdivided parcel of the site using the form at N.J.A.C. 7:26C Appendix B; and

3. Apply for a new remedial action permit pursuant to N.J.A.C. 7:26C-7.5.

N.J. Admin. Code § 7:26C-7.2

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