New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 4 - FEES AND OVERSIGHT COSTS
Section 7:26C-4.2 - Annual remediation fee formula
Universal Citation: NJ Admin Code 7:26C-4.2
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Department shall calculate the annual remediation fee in accordance with (b) below and assess the annual remediation fee in accordance with N.J.A.C. 7:26C-4.3.
(b) The Department shall calculate annual remediation fees for the upcoming State fiscal year as of the December 1 that precedes the upcoming State fiscal year as follows:
1. Utilizing the information contained in the
annual budget submission to the Department of Treasury for the upcoming fiscal
year, the Department shall set its Site Remediation Reform Act Program budget
by determining the dollar amount needed to accomplish all tasks associated with
administering the Site Remediation Reform Act. The Department shall not include
in its Site Remediation Reform Act Program budget any costs associated with any
other program area within the Department's Site Remediation Program that is
funded by a source outside of the Site Remediation Reform Act Program
budget.
2. The Department shall
calculate the percentage of its Site Remediation Reform Act Program budget that
shall be offset by the collection of contaminated area of concern fees and
contaminated media fees by multiplying the total Site Remediation Reform Act
Program budget by:
i. Sixty-five percent,
which shall be the total amount of revenue that is to be collected through the
assessment of contaminated area of concern fees; and
ii. Thirty-five percent, which shall be the
total amount of revenue that is to be collected through the assessment of
contaminated media fees.
3. The Department shall calculate the base
contaminated area of concern fee by dividing the total contaminated area of
concern revenue calculated pursuant to (b)2i above by either:
i. The number of contaminated areas of
concern reported to the Department pursuant to
N.J.A.C. 7:26C-4.3(a) in
the previous calendar year; or
ii.
Where the number of contaminated areas of concern is, in the Department's
opinion, underreported such that the resultant fee calculated pursuant to (b)4
below would result in an unnecessarily elevated base contaminated area of
concern fee, the estimated total number of contaminated areas of concern for
each category defined in (b)4 below. The estimated total number of contaminated
areas of concern for each category shall be determined based on the information
available to the Department regarding the number of sites undergoing
remediation in the previous calendar year.
4. Using the base contaminated area of
concern fee calculated in (b)3 above, the Department shall establish the
contaminated area of concern fee for each of the four Categories described
below as follows:
i. Category 1: The fee for
Category 1 is the base fee. This category applies where:
(1) There are zero or one areas of concern,
and there are no contaminated regulated underground storage tanks;
(2) Historic fill is the only contaminated
area of concern;
(3) The number of
contaminated areas of concern has not been determined based on the information
known at the time the fee is calculated; or
(4) A site to be used as a child care center
is being remediated, pursuant to
N.J.S.A. 52:27D-130.4 and the Manual of Requirements
for Child Care Centers at
N.J.A.C.
10:122-5.2(i);
ii.Category 2: The fee for
Category 2 is two times the base fee. This category applies where:
(1) There are two through 10 contaminated
areas of concern; or
(2) The areas
of concern are limited to any number of contaminated regulated underground
storage tanks and there are no other contaminated areas of concern;
iii. Category 3: The fee for
Category 3 is 11 times the base fee. This category applies where:
(1) There are 11 through 20 contaminated
areas of concern;
(2) There are 11
through 20 contaminated areas of concern, at least one of which is a
contaminated regulated underground storage tank area of concern; or
(3) There is at least one sanitary landfill
area of concern, whether by itself or with any other contaminated areas of
concern; and
iv.
Category 4: The fee for Category 4 is 22 times the base fee. This category
applies where:
(1) There are more than 20
contaminated areas of concern; or
(2) There are more than 20 contaminated areas
of concern, at least one of which is a contaminated regulated underground
storage tank area of concern;
5. The Department shall calculate the
contaminated media fee by dividing the total contaminated media revenue
calculated pursuant to (b)2ii above by either:
i. The number of contaminated media reported
to the Department pursuant to
N.J.A.C. 7:26C-4.3(a) in
the previous calendar year; or
ii.
Where the number of contaminated media is, in the Department's opinion,
underreported such that the resultant fee calculated pursuant to (b)6 below
would result in an unnecessarily elevated base contaminated media fee, the
estimated total number of contaminated media for each media type defined in
(b)6 below shall be determined based on the information available to the
Department regarding the number of sites and the number of contaminated media;
and
6. For the purposes
of calculating the contaminated media fee, contaminated media means any or all
of the following:
i. Contaminated ground
water;
ii. Contaminated sediment;
and
iii. Contaminated ground water
contaminated above a Surface Water Quality Standard as defined in N.J.A.C. 7:9B
that is migrating into surface water.
(c) Each year, the Department shall prepare an Annual Site Remediation Reform Act Program Fee Calculation Report based on the prior calendar year data, including the information contained in the annual budget submission to the Department of the Treasury, and the numbers of contaminated areas of concern and of contaminated media, the base contaminated area of concern fee, the contaminated area of concern fee for each of the four categories described at N.J.A.C. 7:26C-4.2(b)4, and the contaminated media fee that shall be due and payable for that calendar year. Beginning March 2013 and each March thereafter, the Department shall publish in the New Jersey Register a notice that includes a summary of the report and its Site Remediation Reform Act Program budget. The Department shall also post this report on its website at www.nj.gov/dep/srp/fees.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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