New Jersey Statutes 58:10B-1.3. Remediation of discharge of hazardous substance; requirements
Terms Used In New Jersey Statutes 58:10B-1.3
- Oversight: Committee review of the activities of a Federal agency or program.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
b. A person who initiates a remediation at least 180 days after the date of enactment of P.L.2009, c.60 (C. 58:10C-1 et al.) shall:
(1) retain a licensed site remediation professional to perform the remediation;
(2) notify the department of the name and license information of the licensed site remediation professional who has been retained to perform the remediation;
(3) conduct the remediation without the prior approval of the department, unless directed otherwise by the department;
(4) establish a remediation funding source if a remediation funding source is required pursuant to the provisions of section 25 of P.L.1993, c.139 (C. 58:10B-3);
(5) pay all applicable fees and oversight costs as required by the department;
(6) provide access to the contaminated site to the department;
(7) provide access to all applicable documents concerning the remediation to the department;
(8) meet the mandatory remediation timeframes and expedited site specific timeframes established by the department pursuant to section 28 of P.L.2009, c.60 (C. 58:10C-28); and
(9) obtain all necessary permits.
c. (1) Any person who initiates a remediation prior to the date of enactment of P.L.2009, c.60 (C. 58:10C-1 et al.), or prior to the issuance of temporary licenses to site remediation professionals pursuant to section 12 of P.L.2009, c.60 (C. 58:10C-12), shall comply with the provisions of paragraphs (4) through (9) of subsection b. of this section.
(2) The department may require a person required to perform a remediation pursuant to subsection a. of this section, or a person who has initiated a remediation prior to the date of enactment of P.L.2009, c.60 (C. 58:10C-1 et al.), to comply with the provisions of subsection b. of this section if, after the date of enactment of P.L.2009, c.60 (C. 58:10C-1 et al.), the department (a) issues a final order or a penalty becomes due and payable, concerning the performance of the remediation, or (b) issues a demand for stipulated penalties pursuant to the provisions of an oversight document in which the person waived a right to a hearing on the penalties.
(3) No later than three years after the date of enactment of P.L.2009, c.60 (C. 58:10C-1 et al.), a person responsible for conducting the remediation, no matter when the remediation is initiated, shall comply with the provisions of subsection b. of this section.
d. (1) The provisions of this section shall not apply to any person who remediates a discharge from an unregulated heating oil tank. For any person who remediates a discharge from an unregulated heating oil tank, the provisions of section 15 of P.L.2009, c.60 (C. 58:10C-15) shall apply.
(2) The provisions of this section shall not apply to any person who: (a) does not own a contaminated site, (b) conducts a preliminary assessment or site investigation of the contaminated site for the purpose of conducting all appropriate inquiry into the previous ownership and uses of the property as provided in section 8 of P.L.1976, c.141 (C. 58:10-23.11g), and (c) has not discharged a hazardous substance at the site or is not in any way responsible for a hazardous substance discharged at the site pursuant to section 8 of P.L.1976, c.141 (C. 58:10-23.11g).
(3) A person shall not be required to retain a licensed site remediation professional pursuant to this section to conduct sampling or investigation to confirm or evaluate a remediation performed or supervised by a retained licensed site remediation professional, provided that such sampling or investigation: (1) is not required pursuant to this section or any other law, rule, regulation, or order; (2) is not conducted in order to obtain a response action outcome; and (3) is not conducted in order to investigate, clean up, or respond to any known, suspected, or threatened discharge of a contaminant.
e. Any person who fails to comply with the provisions of this section shall be liable to the enforcement provisions established pursuant to section 22 of P.L.1976, c.141 (C. 58:10-23.11u).
L.2009, c.60, s.30; amended 1997, c.278, s.11; 2003, c.224, s.2; 2009, c.60, s.43; 2019, c.263, s.8.