New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 2 - OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE
Section 7:26C-2.2 - Criteria for determining when a person is required to remediate a site
Universal Citation: NJ Admin Code 7:26C-2.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Unless exempted pursuant to 7:26C-1.4(c) or (d), a person shall remediate a site in accordance with this chapter when:
1. The person discharges a hazardous substance or otherwise becomes in any way responsible pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10.23-11g, for a discharge;
2. The owner or operator of a regulated underground storage tank:
i. Determines there has been a discharge or suspects there has been a discharge from the regulated underground storage tank, pursuant to 7:14B-7.2;
ii. Undertakes closure of a regulated underground storage tank pursuant to 7:14B-8.1(b)6, 9.1(d) and 9.2(a)2; or
iii. Is required to conduct an unknown source investigation pursuant to 7:14B-7.4;
3. Any of the events described in the Industrial Site Recovery Act Rules at 7:26B-3.2(a) occurs;
4. The person discovers a discharge on property that person owns;
5. A no further action letter is rescinded or a response action outcome is invalidated;
6. The Department determines that additional remediation is necessary after the Department has issued a remedial action permit for a remedial action; or
7. The person 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 oversight document for the remediation of a contaminated site.
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